Archive for the ‘Uncategorized’ Category

Brain Injury Law Center Proud to Announce “Best Law Firms” Honor

Tuesday, November 20th, 2012

On Nov. 1, U.S. News & World Report announced the results for the 2013 edition of Best Lawyers. The Brain Injury Law Center was honored to receive a Tier 1 ranking in the category “Best Law Firms” for Personal Injury Litigation – Plaintiffs.

How is Ranking Assigned?

Our evaluation included consideration of feedback from satisfied clients, the high regard we have earned from other lawyers in the field and information we provided on a law firm survey. (more…)

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Text it and Ticket: Nationwide Cell Phone Ban

Monday, April 16th, 2012

Responding to the alarming rate of road accidents caused by distracted driving, the National Transportation Safety Board (NTSB) has called for a nationwide ban on the use of cell phones and text messaging while driving. The ban will be felt most strongly by commercial truck, school bus and novice drivers, all of whom have become accustomed to frequently placing phone calls and checking their phones for messages. This total ban means that use of cellular phones will only be allowed during an emergency.

Texting or Calling While Driving is Dangerous

An announcement from the NTSB indicates that the possibility of an accident greatly increases when a driver is distracted by phone calls and text messages. The report cites a recent report from the Virginia Tech Transportation Institute showing that commercial drivers are 163 times more likely to meet serious risks on the road if they are texting or making calls. Risky behaviors include:

  • Failing to see oncoming traffic or vehicles attempting to pass
  • Overlooking hazards such as pedestrians, obstructions and slippery or rough portions of the road
  • Lacking the time and presence of mind to react to sudden changes on the road
  • Missing signs of mechanical trouble that are otherwise clear

Death and Injury on the Road Linked to Texting and Calling

A 2008 report from the National Highway Traffic Safety Administration (NHTSA) revealed that 5,800 people were killed and 515,000 were injured in highway crashes directly caused by distracted driving. (more…)

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What Does Nursing Home Abuse Look Like?

Sunday, April 15th, 2012

We intend for skilled nursing facilities to be safe places of rest for the elderly when their needs become too great to be met in the home. There, elderly relatives can receive the medical care and companionship that busy working families cannot provide. The trust families put in nursing homes can be violated in shocking and painful ways. For this reason, families must be vigilant about signs of potential abuse. Any suspicions must be investigated carefully.

Who are Elder Abusers?

More often than not, elder abusers are the people who take care of them. They may be nursing homes employees or family members who care for the elderly at home. In nursing homes, inexperienced part-time workers may think nothing of cutting corners at work. What seems like a small oversight to a worker can be a major upset for the elderly patient. Fresh sheets, baths and just a friendly visit for those who are bedridden are vital to the physical emotional health of elderly patients.

In addition, families cannot assume their loved ones are safe simply because another family member looks after their needs. (more…)

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Mishandled Prenatal Testing Leads to Wrongful Births

Saturday, April 14th, 2012

Modern medical technology and testing can inform expectant parents of debilitating problems affecting a pregnancy. Prenatal testing allows parents to plan for the birth of a child afflicted with a disease or disorder or to make the difficult decision to terminate a pregnancy. When medical personnel mishandle the procedure or misinterpret the results, parents are left without the vital information needed to make the best decisions for their lives and their families.

A Difficult Decision

This was the unfortunate case for a Portland, Oregon couple, Ariel and Deborah Levy. The couple sued Legacy Health System in Multnomah County Circuit Court, winning $29 million to help them pay for the extraordinary costs of raising a child with Down syndrome – a child they would have decided not to have, had they known about the developing baby’s condition.

Medical professionals regularly offer assurances that a pregnancy is normal through administering and interpreting prenatal tests. Relying upon these assurances when the test was botched exposes a family to life-shattering negative consequences. Because of the considerable expense of providing specialized care for the child, families can face financial ruin. Local news website OregonLive.com reported the Levy’s story, noting that 89 percent of pregnant women choose to terminate their pregnancy upon learning that their child would be born with Down syndrome.

One Tragedy Becomes Two

CBS.com reported on a second case with even more tragic consequences. (more…)

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When Nature Turns Deadly

Wednesday, April 11th, 2012

We appreciate trees for their beauty, fruits and the shade they provide, as well as their place in the natural cycle, creating oxygen for us to breathe. One rarely considers the possibility of a tree becoming a killer. Every year, trees fall from wind and accidental collisions, collapse from internal structural issues or massive rains. On occasion, people lose their lives because they are nearby when a tree falls. 

Unseen and Unavoidable?

Sometimes, simply driving under a canopy of boulevard trees can prove deadly. Such was the case in September 2011 in Newport Beach and Costa Mesa, CA. Eucalyptus trees lining the streets contained hidden internal rot and disease, making them unstable and prone to collapse. A 29-year-old woman lost her life when one of those trees fell on her passing car.

Driver Haeyoon Miller died at the scene of blunt force injuries. Her parents claim the cities knew the trees could experience structural failure because other trees had collapsed in the past. Complicating the case is the cities’ decision to remove the remaining eucalyptus trees in the area following Miller’s death. The family alleges this action may have destroyed evidence that supports their case. They filed suit against the cities March 14, 2012, according to the Orange County Register News.

Toddler Tragedy

In another tragic incident, a huge maple tree fell on a family’s truck, trapping them inside for hours and killing their two-year-old son. (more…)

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