Cleveland Personal Injury Lawyer - Head Injury

$650,000,000 Lawsuit Over Pants Is An Insult to Lawyers and Our Justice System

Jack Landskroner — Sat, 05 May 2007 14:53:35 GMT

Recently, the national news media has picked up and reported on the filing of a rather rediculous law suit being pursued by an attorney, who is also a judge no less, representing himself in a claim for $650,000,000 in damages from a dry cleaner in Washington D.C. over a pair of pants. While the merit of the claim remains in question and the recovery for this judge, if anything, will likely not be more than the value of the pair of pants, the case was filed none-the-less.

The absurdity of this man's damage claim is of course an insult to attorneys across this country and a slap in the face of the most effective and just legal system in the world. Thankfully, lawyers and others across the country have banded together to stand behind the couple that owns the dry cleaning service. Moreover, if the system works as designed, the plaintiff-judge in this case may be subject to sanction for putting forth legal arguments which on their face sound to be without legal merit whatsoever.

The problem of course is that these claims were made in the first place and that in and of itself has harmed not only the owners of the business, who of course fear the worst, but also the reputation and image of our justice system. I have practiced law for over 15 years representing plaintiffs in personal injury claims, consumer lawsuits and in small business litigation and in that time I can count on one hand the number of cases or legal arguments that I have seen put forth by a plaintiff or defendant's counsel for that matter, that were not founded on a reasonably based legal argument. This certainly may be one to add to the list.

Unfortunately, this case will give the tort deformers out there who are determined to eliminate the rights of victims and who desire to slam the courthouse doors shut on those that most need our protection, more ammunition to fuel the fire. What a shame!

Originally posted at InjuryBoard by Jack Landskroner

New Research to See if Epilepsy Can Be Prevented in Head Injury Victims

Rebecca Castell — Mon, 02 Apr 2007 16:51:12 GMT

Victims of traumatic brain injuries often develop epilepsy later in life as a result of their injuries. New research is tyring to discover why and see if anything can be done to prevent epilepsy.
New efforts are trying seizure medications to see if they will act to prevent epilepsy from developing.
Traumatic brain injury victims often see symptoms develop months or even years after their injuries. Rather than the jerking loss of control of motor skills, these injury victims notice memory loss and attention problems.
Doctors are finding that many war veterans are developing epilepsy as the type of head trauma many experience in the battlefield often leads to epilepsy.

Originally posted at InjuryBoard by Rebecca Castell

Don't Wait Too Long....Time Lines for Filing Suit

Rebecca Castell — Mon, 12 Mar 2007 17:32:40 GMT

There is a clock ticking from the date you are injured....and it only hurts the victim. In Ohio, and every state, there is a "statute of limitations" which governs the amount of time which a victim has to file a complaint against the individual/s or company which caused him or her harm. This time period typically begins when the individual is injured, for example, when the car accident occurred, and runs for anywhere between one year to fifteen years, depending on the type of claim. Regardless of the type of action, either a personal injury claim stemming from a car accident to a dog bite to case involving stockbroker misconduct, there is always a limited time frame in which the victim can file suit.
Most people are unaware that there is a time limitation for pursuing claims. All to often, a victim of wrongdoing comes in who has a solid claim but has waited too long to file a claim against the wrongdoer.
Often, the victim has thought about getting an attorney and seeking compensation for their injury, but wants to wait to see if his or her injuries "get better." Perhaps the individual hasn't sought medical treatment because he or she is without health insurance and has no way to cover the treatment. By the time the victim comes to us, several years may have passed and the pain still persists. Unfortuantely, if the statute of limitations has passed, no claim can be made against the wrongdoer. This leaves the innocent victim without recourse for the pain, suffering and expense he or she has endured.

My desire is to help individuals to get the compensation they deserve when an injury has occurred due to someone else's negligence. If there is any question whether an attorney is needed after an injury occurs, call an attorney first. Do not wait to see if the symptoms get better or to see if things will resolve. It is better to call and ask than to not know. Help us help you!

Originally posted at InjuryBoard by Rebecca Castell

Worksite Falls Lead to Certain Disaster

Jack Landskroner — Wed, 03 Jan 2007 01:03:06 GMT

Injuryboard attorney Thomas J, Methvin recently blogged on the topic of fall hazards at residential construction sites. Without question this is one of the greatest safety concerns present on a jobsite and one of the leading causes of death or disabling injury in the workplace.

In 2004, the Bureau of Labor Statistics (BLS) reported that 1,224 construction workers died on the job, with 36 percent of those fatalities resulting from falls. Events surrounding these types of accidents often involve a number of factors, including unstable working surfaces, misuse of fall protection equipment, and human error. Studies have shown that the use of guardrails, fall arrest systems, safety nets, covers, and travel restriction systems can prevent many deaths and injuries from falls.

What is certain is that when a worker is involved in a fall on a jobsite it leads to almost certain disaster. We have handled a number of fall cases for our clients including, defective scaffolding cases, cell tower fall cases, bucket truck and tanker truck fall cases, ladder fall cases and even an unguarded elevator shaft fall case. In each of these instances, the injuries to our clients resulted in serious and debilitating injury including traumatic brain injury or wrongful death.

Workplace falls can be reduced or virtually eliminated when proper safety precautions are undertaken. Training, instruction, inspection, warning, safety equipment and enforcement are all necessary elements of a successful safety program. Absent these protocols, any employer requiring its employees to work at heights in the workplace is placing them at certain risk.

Originally posted at InjuryBoard by Jack Landskroner

The Unanctipated Effects of Traumatic Brain Injury

Jack Landskroner — Mon, 01 Jan 2007 13:22:41 GMT

The Brain Injury News and Information Blog has an informative post concerning the less recognized but equally concerning consequences of a traumatic brain injury: the behavioral changes of the individual.

The damage to the frontal lobes and temporal lobes causes a host of behavioral problems including emotional difficulties, personality changes and disinhibition.

Oftentimes, family and friends that act as care provider to the traumatically brain injured (TBI) patient are on the receiving end of uncontrolled behavior which can result in emotional scars if not physical harm to the providers. For those that are responsible for caring for a TBI patient, precautions should be put in place to protect not only the TBI patient but also those around him. Good practices might include restricting unobserved contact between the TBI victim and young children, limiting exposure to dangerous instrumentality's, and creating a plan of action when tempers and emotions escalate to uncontrollable levels.

I have handled case for clients whose injury had effected their ability to make reasonable judgments and in turn led to immediate need for medical and psychological intervention to keep the patient and their loved ones safe. For example, as unbelievable as it sounds, I have had a TBI client stick her hand in a boiling pot of water to remove the hot dogs she was cooking exhibiting no understanding that the water would burn her hand. I have had a client who prior to injury was a father of the year candidate, act out toward his own young children in a manner that could have been harmful without intervention; and yet after the event he exhibited no recollection of what had occurred. I have also seen a client's family, that was very close prior to the injury, express fear for their own safety where the emotions of a their brain injured brother became unstable and his actions became threatening.

The doctors can prepare loved ones for the physical changes that a TBI patient may experience but there is little that can prepare a family for the behavioral effects of a traumatic brain injury until they can witness the effects of how their loved one will respond to the injury. It is wise to hope for the best and prepare for the worst so as to protect the injured patient and those that support the patient from what cannot be predicted. Establish a network of doctors, psychiatrist or counselors, family, friends and others that can be relied on and don't be afraid to ask for help.

Originally posted at InjuryBoard by Jack Landskroner

Ski Helmets a Must for Children and a Good Idea For Adults Too

Jack Landskroner — Mon, 01 Jan 2007 01:27:51 GMT

Recently I took my kids (8,6,4) skiing for our annual jaunt to the Western NY ski resorts. They love hitting the slopes ! My oldest is a speed demon while my younger two are tentative and cautious in their skiing. In either case, all children, and adults for that matter, are best advised to wear helmets while skiing or snow boarding to protect from head injury.

Skiers and snowboarders reduce their risk of head injury in half by wearing a helmet.

In 2002 more than 23,000 skiers and snowboarders suffered head injuries on the slopes.

Keep in mind, however, that helmets are not a substitute for controlled skiing and can also reduce hearing on the slope.

Helmets are designed to reduce the severity of head injuries, but they are most effective at providing protection from a direct blow to the head at speeds of 12 mph or slower.

It's important that the user doesn't think that he can take more risks because he's wearing a helmet and therefore will be more protected.

Head injuries most frequently occur when skiers hit other skiers, trees or rocks on the slope, but some ski concussions result in just hitting hard snow or ice too hard. Skiers can avoid head injury on the slopes by taking some basic precautions. First, avoid skiing near trees or on hills with exposed rocks, second, take precautions when you choose to stop on the slopes so as to avoid other skiiers coming down the hill, and last, wear a helmet and preferably one that is certified to the ASTM F2040, Snell S-98 or Snell RS-98 Standards.

Originally posted at InjuryBoard by Jack Landskroner

Victims of Traumatic Head Injuries Must Prepare for the Worst

Jack Landskroner — Mon, 09 Oct 2006 08:07:14 GMT

I have represented a number of clients who have suffered serious head injuries after traumatic incidents. The traumatic brain injuries have resulted from car and motorcycle accidents, from falls and injury both in and outside of the workplace, and even from intentional conduct including bar fights and shaken baby syndrome. In each instance, the nature of the injury, even with competent medical experts' evaluation, could never be fully comprehended. The human brain is a complex organ which even the most intelligent scientists have only touched the surface of understanding. The long term effects of trauma, even as benign as a minor concussion, remain unknown even today.

When caring for a loved one who has suffered an head injury expect to deal with loss of speech, loss of vocabulary, sleep changes, fatigue, changes in emotions and uncontrolled outbursts, headaches, compulsiveness, distraction and many other sequelae. It goes without saying, in view of the foregoing, that caring for a loved one who has suffered a traumatic brain injury can be overwhelming. Your loved one's doctors and where appropriate, any experienced injury lawyer, should be able to provide both help and guidance to work through these problems, so you do not have to carry the burdens alone.

Originally posted at InjuryBoard by Jack Landskroner

Man in Motorcycle Accident loses Life

Jack Landskroner — Fri, 29 Sep 2006 10:13:03 GMT

A 67 year old man injured two weeks ago in a motorcycle accident has died as a result of head injuries suffered in the accident.

Grant Juengel died Wednesday in Akron City Hospital.

Juengel was traveling east on Brady Lake Road near Red Bush Road in Portage County's Ravenna Township when he lost control of his motorcycle. He was not wearing a helmet. Juengel's wife, Marcia, 64, who was wearing a helmet, was also injured in the crash but her injuries were not life-threatening, officials said.

The risk of not wearing a helmet when riding a motorcycle is self evident. Nonetheless, I've heard the argument time and time again from friends and clients that ride bikes regularly....".I don't feel comfortable wearing a helmet" or "a helmet cuts down on my visibility", or the most absurd, "I am a safe driver and so nothing will happen to me." The problem is in most motorcycle accidents it is not the bike operator that is negligent, it is another vehicle on the roadway. The hard facts are that bike riders, who are far more exposed than a car when on the roadway, cannot control the negligent actions of other drivers. The most effective way to minimize catastrophic injury when riding a bike is to wear a motorcycle helmet.

Originally posted at InjuryBoard by Jack Landskroner

Traumatic Brain Injury is Often Under-Reported and Overlooked

Jack Landskroner — Wed, 27 Sep 2006 07:59:15 GMT

A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from "mild," i.e., a brief change in mental status or consciousness to "severe," i.e., an extended period of unconsciousness or amnesia after the injury.

According to the Center for Disease Control (CDC) the leading causes of Traumatic Brain Injury or TBI are falls, motor vehicle crashes, being struck or banging your head against an object and assaults. Attorney Mike Kaplan provides a nice summary of the concerns raised by the CDC about the reporting of TBI in his recent blog on the subject.

Yet TBI is often overlooked and underestimated as a serious injury. In the United States, an average of 1.4 million TBI's occur each year, but this number is really an underestimate of the true magnitude of traumatic brain injuries because it does not take into account persons treated for TBI in doctor's offices or in hospital clinics as reported in the CDC's article on the impact of head trauma published Journal of Head Trauma Rehabilitation, Vol 21, No 5.

If you or a loved one suffers a head injury seek a medical consult either from a primary care physician or directly from a neurologist to ascertain the severity of the injury and to protect from future injury. When dealing with a head injury it is always better to be safe than sorry.

Originally posted at InjuryBoard by Jack Landskroner

Wearing a Helmet is Good Practice for Bike Riders

Jack Landskroner — Sat, 26 Aug 2006 09:39:19 GMT

Whether you are a cyclist or motorcycle advocate, it makes good sense to strap on the helmet before setting out on the roadway. Head injury is one of the leading causes of death to those who venture out on the roadway on two wheels. For example:

More than 80 percent of all motorcycle crashes result in injury or death to the motorcyclist.
Per mile driven, a motorcyclist is 16 times more likely to die in a crash than an automobile driver. Wearing a motorcycle helmet reduces that risk by almost one-third (29 percent).
Head injury is a leading cause of death in motor cycle crashes. Riders who don't wear helmets and who experience a crash are 40 percent more likely to sustain a fatal head injury.
A study of 900 motorcycle crashes (conducted by the University of Southern California) showed that wearing a helmet was the single most critical factor in preventing or reducing head and neck injuries among motorcycle drivers and passengers.
From 1984 through 1995, helmets saved the lives of more than 7,400 motorcyclists. But more than 6,300 additional deaths could have been prevented if all riders had been wearing helmets.
Studies show that laws requiring helmet use are very effective in reducing motorcycle fatalities because such laws influence more people to wear helmets. In Louisiana, the first state to repeal and then re-adopt a helmet law for all riders, there were 30 percent fewer motorcycle deaths during 1982, the first year that the helmet law was reinstated.

While we teach our children to wear head protection when on their bicycles, we often do not follow our own advice.

There are 85 million bicycle riders in the US.
784 bicyclists died on US roads in 2005. 92% of them died in crashes with motor vehicles (720).
About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized.
Bicycle crashes and injuries are under-reported, since the majority are not serious enough for emergency room visits.
1 in 8 of the cyclists with reported injuries has a brain injury.
Two-thirds of the deaths here are from traumatic brain injury.
A very high percentage of cyclists' brain injuries can be prevented by a helmet, estimated at anywhere from 45 to 88 per cent.

As an attorney representing the families of those whose loved ones have suffered traumatic brain injury, I can attest to the devastation that results when a family member suffers a head injury. Traumatic brain injury certainly can cause death, but it also can cause disabling injury requiring extensive and costly rehabilitation. For many people, a brain injury triggers a significant change in lifestyle and function. Brain injury can vary from essentially minor disability to prolonged dependence on a ventilator to breathe and permanent loss of normal function. These serious brain injuries take their toll on families caring for an injured loved one.

Originally posted at InjuryBoard by Jack Landskroner