Personal Injury

What You Should Know About Children and Head Injuries

August 28, 2012 | AS Personal Injury Lawyers

Head injuries are not something to take lightly. The Centers for Disease Control estimates that 1.7 million people in the country sustain a traumatic brain injury every year, and these injuries contribute to a third of all injury-related deaths in the United States.

Children, especially those between the ages of 0 and 4 and the ages of 15 and 19, are the most likely to sustain these injuries, which is why education about the dangers of head injuries is so important. Because of the long-term effects that head injuries can have, parents should learn all they can about this common childhood injury.

In children, head injuries often occur while they are playing. Falls on the sports field, tumbles while riding a bike and trips while climbing outdoors are all common causes. For this reason, children should wear protective helmets whenever possible. Parents need to make sure that helmets are being used when their children participate in rough sports events or when riding wheeled toys, such as bikes, scooters and roller skates. Head injuries also frequently occur as a result of car accidents, especially when children are not properly restrained. Proper use of child safety seats can help protect children against serious brain injury in a car accident.

Though head injuries affect all children, a recent Reuters article mentioned the findings of a study published in the Archives of Pediatrics & Adolescent Medicine which shows the treatment for such injuries may not be uniform across the different races. Researchers looked at brain injuries and treatment of children and discovered differences based on the race of the injured child.

According to the research, white children get CT scans more often following minor head injuries than the children of the other races. The study found that 42% of white children brought in for minor head trauma got CT scans while only 28% of black and Hispanic children brought in for minor head trauma received such scans.

Some may think this means that hospitals are giving better treatment to white children, but the results indicate that unnecessary CT scans can actually be dangerous to the children receiving them. In this case, more treatment is not better treatment and can actually lead to medical mistakes and dangerous radiation risks.

Charlotte North Carolina Personal Injury Lawyers :: North Carolina Insurance Companies Use Software to Underpay Claims?

August 9, 2012 | AS Personal Injury Lawyers

A recent report by the Consumer Federation of America says that some insurance companies are using claims software that allows them to manipulate payments, thereby paying consumers less than they deserve after an accident.

The report found that popular injury evaluation software used by many insurance companies comes with provisions that allow the insurers to lowball consumers. These software programs include the CSC Colossus package which allows insurers to manipulate claims payments. The software can be used to reclassify injuries as less serious when compared to the diagnosis of a doctor.

Over the past 15 years, many insurance companies in the United States have implemented such software to streamline claims processing procedures. However, as this Consumer Federation indicates, the new software may be used for more than just improving efficiency. The report says that the claims processing software has allowed many insurance companies to increase profits by providing unfairly low offers to consumers. Insurers were able to adjust Colossus to produce virtually any claims’ payment reduction they wanted, whether or not it was warranted. One executive said that Colossus could be “tuned” to achieve a particular level of savings, such as 15 percent, for all claims.

Auto accident victims in North Carolina should be especially concerned because so many insurers use the CSC Colossus system. The report estimates that more than 50% of the 20 largest auto and property insurers in the United States currently use the Colossus system. Even those that do not use Colossus use similar products that are sold by competitors.

Number of ATV accidents in North Carolina Increase Over Summer Months

July 17, 2012 | AS Personal Injury Lawyers

The U.S. Consumer Product Safety Commission (CPSC) recently announced that the number of people who die or are injured using ATVs each year is on the rise. The federal agency is asking that riders stay vigilant and be safe while out on the trails this summer.

The summer is a notoriously dangerous time for ATV riders and statistics show death and injury rates skyrocket as temperatures rise. On average, from 2004 to 2006, the deaths of children younger than 16 rose a shocking 65% from March to April. Adult deaths rose 85% over the same period. The peak of ATV-related injuries occurs in July and the CPSC is trying to put the word out early that drivers must stay aware of their surroundings and practice safe ATV driving habits to avoid a similar rise this summer.

On average, each year from 2004 to 2010, there were nearly 700 ATV-related fatalities. Each year also saw close to 136,000 injuries that required emergency room visits. Though these thankfully did not result in death, many such injuries can be life altering.

This year alone the CPSC says that it has received reports of some 130 adults and 28 children under the age of 16 who have died in ATV-related incidents across the country. The busy summer holiday season sees a huge increase in the number of accidents and this year is off to a bad start with the Memorial Day holiday weekend alone accounting for the deaths of 14 adults and 3 children. The government is urging caution while out on the trails as the July 4th holiday weekend is coming up.

Most of the deaths and injuries occur when an inexperienced driver loses control of an ATV, is thrown from an ATV, overturns the vehicle, or collides with a fixed object. Those drivers with more than on year of experience operating an ATV have dramatically lower risk of injury and death than brand new drivers. Practice really does help in the case of ATV accidents as drivers develop comfort behind the wheel and experience with how to properly operate the device. Off-road driving is very different than cruising down the street and, as such, it requires special training to understand how to best operate an ATV.

North Carolina Dog Bite Injury Claims Add Up To Big Money

July 12, 2012 | AS Personal Injury Lawyers

While dog bites may not grab major newspaper headlines very often, it doesn’t mean they aren’t important to the victims and those insuring the victims. Animals still attack people, and the elderly and young children often serve as the primary victims of such attacks.

According to the CDC, every year there are roughly 4.7 million people who are bitten by dogs. Approximately 800,000 of those dog bites lead to a person seeking medical attention. Most shocking, about 16 people who are bitten by dogs also end up dying each year.

According to recent national data, it appears that dog bites are on the rise. State Farm Insurance paid out a total of $109 million for around 3,800 dog bite claims in 2011. In 2010 the total payout was $90 million for about 3,500 claims. Additionally, the Insurance Information Institute reports higher payouts with an estimation that insurance companies paid out a total of $479 million in 2011 alone. That represents a pretty substantial rise from 2010, when $413 million was paid out due to dog bite claims.

Children between the ages of 5 and 9 are the most vulnerable for such attacks. The second most vulnerable group is the elderly. The third group with the best chance of being attacked by a dog is, perhaps unsurprisingly, mail carriers. Though mailmen may seem very likely to be bitten by a dog, given the image seen on TV and in movies, the fact is that young children are some 900 times more likely to be bitten than a mailman.

When it comes to promoting dog safety for children, the ASPCA says that children should make sure to never do the following things:

• Stare into a dog’s eyes;
• Go up to a chained dog;
• Tease a dog;
• Touch a dog that is sleeping;
• Try to play with a dog that is eating;
• Run or scream if a stray dog comes up.

Workplace Injuries and Regular OSHA Inspections

July 10, 2012 | AS Personal Injury Lawyers

The presence of inspectors from the Occupational Safety and Health Administration (OSHA) at a company’s door is usually the cause for concern for employers. A new study out of Harvard Business School finds that this probably shouldn’t be the case. The data suggests that regular inspections by OSHA actually help employers reduce their workers’ compensation claims and actually add money to the company’s profits. This is great news for North Carolina workers as many preventable workplace injuries occur everyday.

The research was co-authored by professors from Harvard Business School and the UC-Berkeley School of Business. The researchers started their study by examining workplace safety inspections that were conducted by the California branch of the OSHA, and focused on the impact of these inspections on workers’ compensation claims and costs.

The study, Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when OSHA conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace, helping employees and, in the long run, employers. This is because a reduced number of injured workers result in a reduced cost to employers for time spent out of work and the expenses associated with workers’ compensation claims.

The study also showed that there was no detectable harm to the company’s profits as a result of any of the OSHA inspections. On the contrary, the researchers say that frequent inspections by OSHA actually help boost a company’s coffers, because the company consistently spends less on workers’ comp claims.

The study showed that certain high-risk industries that had the highest number of injuries were the ones that benefited most from frequent inspections. Workplaces that were placed under regular inspection by OSHA were able to reduce their workers’ compensation claims by a surprising 39.4%. These same high-risk companies were also able to save 26% on their workers’ comp costs over the span of the four-year study. On average, researchers found that companies that had been through the regular inspection process were able to save as much as $355,000.

Car Wreck Caused by Texting While Driving

June 21, 2012 | AS Personal Injury Lawyers

According a recent article on Law.com, a recent New Jersey case dealt with the interesting issue of liability for an accident caused by texting. This might not sound so novel, but what makes this case different than others is that the person who was texting the driver was also sued for damages.

The accident happened in 2009 when a teen boy was driving home from work while texting his girlfriend. His car crossed the centerline and he crashed into two motorcyclists. The husband and wife he hit both lost parts of their legs in the horrible crash. The teen admitted that he was distracted by his phone and pled guilty in his criminal case to using a cell phone improperly and to careless driving. He is now on probation and required to educate other teens about the dangers of texting and driving. A civil case is currently pending against him.

Though New Jersey currently has a law against texting and driving, making the driver guilty, the attorney representing the victims tried to take it a step further. On behalf of his clients, the attorney filed a lawsuit against the teen’s girlfriend who had been texting him while he was driving. The attorney’s argument was that the girlfriend knew the teen was driving, so she knowingly distracted him with texting while he was behind the wheel, thereby helping to cause the car accident.

The lawsuit attempted to charge the teen girl with aiding an abetting. She was the one who started the text messaging exchange and she testified that she may have known he was in the car at the time, the victim’s attorney said she was partially at fault.

Is Spray on Tanning Unsafe Too?

June 19, 2012 | AS Personal Injury Lawyers

Some experts interviewed by the staff at Good Morning America are now saying that the active chemical used in spray tans, dihydroxyacetone (DHA), could potentially cause serious health issues for users.

Originally approved by the FDA back in 1977 for “external” use, DHA was previously used as a topical lotion that became unpopular due to its blotchy orange appearance. In recent times, spray applications that utilize DHA have enabled the chemical to maintain a more even and all around appearance. These changes in the method used for administering DHA have led to a resurgence in the chemical’s popularity. The problem that has arisen regarding its safety is due to the new mist-like application process for spraying on tans using DHA.
When the FDA first approved use of the chemical back in the 1970s, it never imagined that DHA would be applied across the entire body with a misty spray. The FDA now says that DHA should never be inhaled or ingested, something far more likely to happen given the new application method.

Most people are unaware of the potential health risks associated with the chemical and most spray tanning sessions happen in small, confined spaces all while being totally consumed by the mist. The vast majority of tanning salons fail to properly educate their patrons before tanning sessions so many users fail to properly protect their eyes, nose and mouth from the harmful chemical.

The Food and Drug Administration has revised what it says about DHA and now tells consumers “the use of DHA in ‘tanning’ booths as an all-over spray has not been approved by the FDA, since safety data to support this use has not been submitted to the agency for review and evaluation.”

Avoid Severe Injuries Caused by Fireworks Accidents

June 12, 2012 | AS Personal Injury Lawyers

Given that June is National Fireworks Safety Month now’s a good time to take a minute and discuss some of the danger associated with the bright lights seen by many at July 4th displays. Though there are many varieties of fireworks which can be purchased legally, this doesn’t mean they are risk free. According to one study by the U.S. Fire Administration, at least 92% of all fireworks-related injuries each year are caused by such legally purchased fireworks.

Those at most risk for injury are, perhaps unsurprisingly, young children. Children under the age of 15 are at the highest risk for fireworks-related injuries. Their love of the bright lights and loud noises attracts them but they are often too young to understand they danger they represent. Even seemingly safe hand-held fireworks can cause serious harm as some sparklers can reach temperatures of 2,000 degrees Fahrenheit, hot enough to melt copper. For children under the age of five, sparklers accounted for the largest number of estimated injuries, 36 percent of the total injuries in that age group.

During the 30 days surrounding July 4 last year, fireworks sent about 1,900 injured consumers to emergency rooms. The Consumer Product Safety Commission’s statistics show that in 2010 about 8,600 consumers ended up in hospital emergency rooms due to injuries involving fireworks. In 2011, 9,600 people were treated in emergency departments for similar injuries, an increase of 1,000 injuries in just one year. The CPSC’s annual death and injury report on fireworks, reports of three fatalities related to fireworks were received last year.

The part of the body most often injured are hands and fingers (estimated 2,900 injuries), eyes (1,100 injuries), head, face, and ears (1,100 injuries), and legs (700 injuries). The products that cause the most harm include sparklers (1,100), firecrackers (800), and bottle rockets (300). The major causes of injuries are due to delayed or early fireworks explosions, bottle rockets that go off course, falling debris from exploding fireworks and mishandling sparklers.

Increasing the Chances of Severe Injury by Ignoring Recalls

June 7, 2012 | AS Personal Injury Lawyers

Recent figures from USA Today show that there is concern among manufacturers and regulators that consumers have grown tired of the constant recall notices arriving in their mailboxes. The increased numbers of recalls, while a good thing, is causing consumers to be exhausted and ignore some notices, possibly to their detriment. Last year alone there were some 2,363 product recalls in consumer products, medical devices, drugs and food. This number represents an increase of 14% from just a year before.

While the increased number of recalls is good in terms of notifying consumers of potential dangers, it creates a worry that consumers will tire of the repeated warnings, perhaps not taking them as seriously. Mike Rozembajgier, the VP of recalls at Stericycle ExpertRecall, said, “We’re experiencing recall fatigue in my mind at the consumer level and also perhaps at the business level, and we all have to worry about that.”

The problem is that if consumers are not paying attention to recalls then they become ineffective. The regulators then must come up with new ways to warn consumers about dangerous products that will somehow break through. As a result, consumer protection agencies are trying to vary the methods that they are using to contact consumers. Social media sites like Twitter and Facebook are now being used by government agencies to get the word out about potential recalls rather than simply mailing notices which are more easily discarded as junk mail. Authorities are not giving up on the more traditional means of contact like telephone calls.

To Avoid Severe Injury, Don’t Swerve when Animals are in the Road

June 5, 2012 | AS Personal Injury Lawyers

According to an article in the Miami Herald, most injuries on the road involving animal crashes occur not when a driver actually hits the animal, but instead when the car crashes following an attempt to avoid hitting the animal. Apparently it’s the swerving away from the critter that actually causes most of the injuries to drivers and their passengers.

According to the National Highway Traffic Safety Administration (NHTSA), there were 173 fatal accidents involving animals in 2009, the most recent year that statistics were available. That same year there were 12,000 car accidents that resulted in injuries involving animals. Even more shocking is the news that according to the Insurance Industry for Highway Safety, 1.5 million accidents involving deer occur each year across the country and result in $1 billion in damages.

According to people familiar with the subject, highway safety experts and police officers who encounter such accidents regularly, swerving to avoid a collisions may actually be more dangerous than simply hitting the animal. Law enforcement officials urge motorists to avoid sudden evasive maneuvers if you’re not able to check the other lanes of traffic beforehand. If it’s safe to make a lane change then the experts say to go ahead, but if you’re not sure what else is going on around you then swerving is usually the wrong choice.