Brain Injury

For individuals under the age of 75, half of all traumatic brain injuries are caused by car accidents, bicycles or motorcycle accidents...

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Carnival Ride in Texas Goes Wrong for Little Girl

Ride goes wrong

It was supposed to be a fun ride that a kid would love, but it did not turn out that way for a little girl who is three years old whose name is being withheld. It happened on Wednesday, March 14th at the RodeoHouston carnival around 2:00 P.M. in Houston, Texas.

The little girl and her brother who is eight years old got on the Techno Jump Ride at the carnival. The little girl began to slip down below the restraining bar of the ride. Then the ride threw her through the air where landed on the platform that was six to eight feet below.

The accident caused the Techno Jump Ride to be shut down for around three hours. Following the accident, managers of the rodeo decided to change the height requirements for the ride.

Little girl met height requirements

Leroy Shafer is the chief operating officer of RodeoHouston. He stated that the little girl met the height requirements of the ride that were in place at that time. He went on to say that an adult should have ridden the ride with her. Shafer added, “We’re now telling our ride operator, if its someone between 42 and 48 inches, let’s be sure the other person is an adult.”

Shafer said that the day before the accident, the ride had passed a safety inspection. Shafer went on to say, “This was a three-year-old without an adult, and we said she came under the bar, she came under the lap restraint.”

The accident was caught on video. At first, officials were saying that the little girl climbed out on her own. However, the video shows her slipping under the bar and under the lap restraint. After seeing the video, Shafer said, “I don’t think it changes anything.”

Texas Representative Coleman pushing for legislation

Texas Representative Garnet Coleman is said to now be trying to usher in legislation that will make traveling carnivals have to have the same safety standards as carnivals that are permanent. In a statement, Coleman said, “Clearly there needs to be more scrutiny on traveling amusement rides. This is a yearly story with this particular operator that someone is hurt or killed.”

The little girl was taken to Texas Children’s Hospital in Houston with back, neck and head injuries that resulted from her fall. Chief operating officer Shafer said that she was also treated for a contusion on her head and abrasions on her face. However, in what is something of a miracle, she is said to be recovering well.

The accident has sparked debate as to who is to blame for the accident. It is reported that the little girl’s mother got off of the ride just before it started going with the little girl and her eight year old brother. Is the mother to blame for not staying on the ride and riding an adult ride with her three-year-old daughter? Or, was it the operator’s fault for letting the little girl ride the ride when he saw her mother get off of the ride? Or, was it both the parents and the operators fault for the accident?



Filed under: Injuries,News — Tags: , — james @ 10:35 am

Stabbed Golfer May Need Leg Amputated

Carpenter thinks of himself as an avid skier. He has run four marathons. However, even though he survived the harrowing experience, Carpenter says that the game of golf is the one thing that he will miss the most, as it appears like he will never play again. In addition to this, Carpenter may still have to have his right leg amputated at some point in the future.

It happened on Friday, January 27, 2012, about 3:30 in the afternoon. It was a story that made headlines around the world. An incident involving the gentleman’s game of golf. Something happened that is unthinkable in this gentleman’s game. One minute a man is playing golf. Moments later, he is having a near death experience.

Clay Carpenter and two friends were playing golf at the Resort on Eagle Mountain Lake. Carpenter says that he was having a pretty good round when they got to the 13th hole. At that point they had caught up with a group of four golfers.

The course marshal told Carpenter and his two friends to “play through.” For those of you who are not familiar with the game of golf and golf terminology, this means that the four golfers would let Carpenter and his two friends play the hole while they wait.

Carpenter said that one of the four golfers waived for them to hit, and they all three hit their golf balls. That is when the trouble began.

Carpenter said one of the four men came at them cursing and yelling. The man and Carpenter began arguing with one another.

The man had a golf club in his hand. It was a putter. Carpenter says that the man swung the club at his head. Carpenter stuck his hand up, and the golf club broke his thumb.

What happened next is a blur for Carpenter. One of his friends told him that he had been stabbed. His golf shoes were filling up with blood, and he passed out.

The golf club punctured a femoral artery. As paramedics came to the 13th hole, friends were doing what they could to help Carpenter.

Carpenter says that he had a near death experience. Something that he had only read about.

He remembers the prayer that he prayed. He says, “I was asking the Lord to save me and to help me because I knew I was going to leave them. And I knew my parents and my sister and all them, you know, things were fixing to change for everyone.”

The incident is the focus of an ongoing criminal investigation by the Tarrant County Sheriff’s Office. Up to now, no one has been arrested. There are no charges that have been filed against anyone. This is because investigators are still in the process of discovering whether Carpenter was accidentally injured or intentionally stabbed.

Kevin Edwards, Carpenter’s attorney, says, “The people that saw the assailant did see the club in the guy’s hand.” The Tarrant County Sheriff’s Office has not yet released the name of this man to the public.

 



Filed under: Injuries,News — admin @ 12:32 pm

The Tire on my Car Blew Out

Can I sue the company that sold me the car tire because of my injuries from the accident?

You were driving your car when you had a tire blowout. Because of the tire blowout, you had an accident and suffered injuries. The question you have is, “Can I sue the company that sold me the car tire because of my injuries from the car accident?”

The answer is, “Yes,” you can sue the company that sold you the tire. However, in order to win your lawsuit, you are going to have to prove that the tire was defective and that was what caused the blowout, which resulted in your car accident.

There are many reasons why a tire may blowout. The only way that you are going to win a lawsuit is to prove that a defect in the tire was why you had the tire blowout in your car.

Did the company know the tire was defective

If you are going to bring a lawsuit against the company that sold you the tire, you will have to prove that the company knew they were selling you a tire that was defective. If a tire is not defective, there is no way the company that sold you the tire could know where or when it was going to blowout.

It may be that other people have bought tires from the same company and have been injured in accidents that were caused by a tire blowout. If this is true, it would strengthen your claim that the company knew they were selling tires that were defective.

Another possibility is bringing a lawsuit against the company that manufactured the tire. Again, in order to win a lawsuit against the tire manufacturer, you will have to prove that the tire is defective. Likewise, if there are other people who have bought the same brand and model tire and have been injured in accidents that were caused by a tire blowout, this indicates the tire manufacturer is putting tires on the road that are defective.

Proving that a tire is defective

In order to win a lawsuit against either the company that sold you the tire or the company that manufactured the tire (may be the same, for example, you bought a Firestone tire from a Firestone tire store), the main issue is proving that the tire was defective. How do you prove that a car tire was defective.

Some police reports of an accident do note that there was a tire failure. However, do not expect a police officer to be specific and say that it was a side tire blowout or a de-tread. A police report may mention tire failure, but they will not go any further.

Another thing that you can do to help prove that the tire was defective is to get all of the tire that is left after the blowout. Also, get all of the pieces of rubber that will be scattered on the road. Experts may then be able to tell whether the tire was defective.

In order to win a lawsuit where you recover damages for injuries that you suffered in an accident caused by a tire blowout on you car, you are going to need the help and advice of a personal injury attorney. Different states have different deadlines for filing a case. Do not delay. Get in touch with a personal injury attorney, now.

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Filed under: Basic Questions,Claims, Compensation, Settlements — Tags: — james @ 7:53 pm

Do I Have a Case if My Child is Injured in a School Bus Accident

What if the unthinkable happens. Your child is injured in a school bus accident. You may ask, “Do I have a case if my child is injured in a school bus accident?

When your child rides to and from school on a school bus, you are entrusting the safety of your child, first and foremost, to the person who drives that school bus each day. You are also entrusting the safety of your child to the school district who hires the bus driver and the manufacturer of the school bus.

It is a fact that more than 500,000 school buses take children to school and back in the United States. Unfortunately, no matter how careful school bus drivers are, accidents are going to happen. Statistics indicate that around 10,000 injuries take place to children on school buses every year in the United States. Tragically, 20 people are killed each year in school bus accidents.

There are several reasons why school bus accidents take place. Some of these are:

Children who fall either on the steps of the bus or the bus itself
Defective equipment
Driver negligence or error
Children who get struck as they walk behind or in front of a school bus
The bus colliding with another object or vehicle as it is being driven.

These are a few of the things that can bring about a school bus accident. However, no matter what causes a school bus accident, you do have a case where you can bring a lawsuit to recover for your child’s injuries.

The issue is who is to be held liable and responsible for the school bus accident. The investigation into a school bus accident may last for several weeks before a final determination is made on what caused the accident.

You should also remember that the driver, school district and bus manufacturer are only liable for the safety of your child when they are actually on the bus and being driven to and from school. They are not liable if your child is injured on the way to the bus stop.

There is the possibility that more than one party can be held liable for the school bus accident. These include:

The driver of the bus – The driver may he held liable, as well as his or her employer. An employer may be held liable for the actions of one of their employees when they are carrying out their job for their employer.

The manufacturer of the bus – The bus manufacturer may be held responsible for the accident if it is determined that the accident resulted from a design defect in the bus.

The school district – If the school district hired the bus driver, it may be indirectly liable. If the school district knew that the bus driver had a negligent driving record and still permitted them to drive a school bus, the school district may have other charges brought against it.

A third party – This may be things like another person, a bad traffic signal or faulty road maintenance.

If your child has been injured in a school bus accident, the best thing to do is to contact a personal injury attorney as soon as possible.



Filed under: Basic Questions,Claims, Compensation, Settlements — james @ 9:05 pm

Injured Pilot Found After Airplane Runs Out of Gas in Mississippi

Airplane went down in North Mississippi Woods of Monroe County

Greg Huggins is a 49 year old pilot from Memphis, Tennessee. On Tuesday morning, February 14th, the pilot was beginning his Valentine’s Day morning by flying his single-engine Piper Cherokee Six from Ocala, Florida back to Olive Branch, Mississippi where he works for Downtown Aviation. Huggins is an instructor for the company that gives flying lessons at the airport in Olive Branch.

The Piper Cherokee Six is registered to Buccaneer Aviation Inc., which is a Delaware corporation. However, the company apparently carries on business in Florida.

Kathleen Bergen, a spokeswoman for the Federal Aviation Administration, said Huggins reported that he was having a problem when he was about 18 miles southeast of Tupelo, Mississippi. At about 7:45 a.m. CST, Bergen said that an alert was sent out to the authorities and airports that were located within a 50-mile radius of the plane’s last known location.

Running out of gas

Bergen said that she could not say what the nature of the problem was that the pilot was experiencing. However, local authorities said that he letting air traffic controllers know that he was running out of gas.

Monroe County Sheriff Cecil Cantrell said that Huggins had tried to give air traffic controllers his location before he went down. Huggins was trapped upside down in the Piper Cherokee Six for several hours. Even though he was bleeding from his head, disoriented and injured, he was able to call 911 on his cell phone, but he could not tell the operator where he was.

The area where Huggins went down was the north woods of Mississippi. He crashed near the border of Itawamba and Monroe counties. Several people who live in the area where the Piper Cherokee Six went down said they saw a plane that looked like it was going down into the woods.

Large search effort

Law enforcement officers, firefighters and others from Itawamba, Lee and Monroe counties searched for the downed plane. Two Army National Guard UH-72 Lakota helicopters were also used in the search effort after overcast skies had initially prevented the helicopters from going up. In fact, National Guard spokesman Tim Powell said that it was one of the two military helicopters that spotted the wreckage of the plane around 12:40 p.m. CST.

Sheriff Cantrell said that Huggins had called someone on his cell phone. Authorities were able to use “pings” from cellular towers located in the area to help narrow the search for Huggins. What this involves is reading the cell towers that Huggins phone was connected to. Sheriff Cantrell said, “Technology is what saved this man’s life.”

Sheriff Cantrell said, “It was just an awesome job on everybody’s part. He has to be a pretty good pilot. He went down between trees in some oak hardwoods and the wings took the impact.”

Huggins was taken to the North Mississippi Medical Center in Tupelo, Mississippi where he was listed in critical condition because of a cut to his head. He was later moved to the Regional Medical Center in Memphis, Tennessee where he was listed in serious condition on Thursday, February 16th.

 

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Filed under: Injuries,News — Tags: , , — james @ 11:05 pm

I Have Bar Fight Injuries

Can I sue the guy who beat me up?

The first thing that has to be considered is, “Did you start the fight in the bar? Were you drinking too much? Did you get out of control?”

Was the guy that beat you up simply defending himself from your attack? Even if this is true, you may still be able to sue the guy if he went beyond defending himself. It may be that the guy went far beyond merely defending himself and intentionally began to beat you up. A person has a right to defend themselves, but they do not have the right to hurt you beyond the point of what is necessary to defend themselves.

The difficult thing is proving that the guy went beyond defending himself, that he used excessive force. Taking pictures of your wounds, getting a copy of the police report of the incident, medical bills for your injuries and the testimony of a witness or witnesses that the guy went far beyond defending himself would help to give you a case.

Sit down with personal injury lawyer

In this instance, the best thing to do is to sit down with a personal injury lawyer and discuss the incident. A personal injury lawyer will evaluate the incident and tell you whether it would be in your best interests to bring a lawsuit against the guy who beat you up.

On the other hand, you may have decided to go out on the town and have a good time. You went to a bar and were minding your own business. Someone in the bar drank too much, got agitated and got out of control. It just so happens that they took it out on you. You did not start the fight.

The guy beat you up. Now the question that you have is, “Can I sue the guy that beat me up in the bar?”

You have a right to sue

The answer is, “Yes.” You do have the right to sue the guy who beat you up in a bar. No matter what explanation the guy may offer, assault is a crime. When you are injured by a person, it is your right to sue that person in order to be compensated for your injuries.

Were the police called to the incident? You need to find out if the police filed assault charges against the guy who beat you up in the bar. If the police did file charges, you can refer to this when you sue the guy who beat you up.

Once again, pictures of your wounds and the bar, the police report of the incident, medical bills and witness testimony will all help to strengthen your case against the guy who beat you up in the bar.

Suing the bar owner

There is also the possibility that you may be able to sue the bar owner for your injuries. The guy may have beat you up because the owner of the bar was negligent due to a lack of security at the bar.

Again, the one who can help determine how strong a case that you have is a personal injury lawyer. It is always a smart move to have a personal injury lawyer in your corner.

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Filed under: Basic Questions,Claims, Compensation, Settlements — Tags: , , , , — james @ 12:25 am

NBC Anchorwoman Bit in Face by Rescue Dog Recovering

3-year-old Gladiator Maximus is an 85-pound Argentine mastiff dog. On Tuesday, February 7, 2012, “Max,” as he is called by his owner Michael Robinson, was rescued from an icy lake in the Denver area by firefighter Tyler Sugaski.

Max was chasing a coyote when he fell into the icy lake. His owner said he was just swimming around in circles in the icy lake. Robinson says he thought about trying to go in and rescue his dog, but he is glad that he did not. Fortunately, the firefighter was able to rescue Max and get him out of the icy lake. Sugaski said the dog instinctively knew that he was there to help him and came to him.

Denver NBC affiliate KUSA thought that Max’s rescue would be a great feel-good segment on popular anchorwoman Kyle Dyer’s local show, “Kyle’s Kritters”. On  Wednesday, February 8th, Robinson brought Max in for a live, in-studio segment of the show. It was intended to be a celebration of Max’s rescue.

Prior to the live segment of the show, several people interacted with Max according to KUSA vice president of news Patti Dennis. As they did so, everything seemed to be fine.

However, during the live segment, Dyer knelt down in front of Max and was petting him. As she attempted to get closer, Max bit her in the face.

The Mastiff bite Caused the News Lady to Get Reconstructive Surgery

Paramedics and animal control were called to the studio. Dyer was then rushed to a Denver hospital where reconstructive surgery was done overnight. The surgeon was pleased with the outcome of the surgery, and Dyer wanted everyone to know that she was alright. However, she was concerned about the people who watched the unfortunate incident take place on live TV.

Max was taken to a Denver animal shelter where he is being quarantined for 10 days. During this time, the Denver Animal Care and Control will check Max for signs of illness that includes rabies. After the 10 days quarantine, Max may be released to his owner Robinson. A judge will hold a hearing to determine Max’s fate.

Robinson was cited by Denver Animal Control for violation of Colorado leash law for not having control of his dog at all times, for allowing his dog to bite and for not having Max properly vaccinated. Robinson has to face these charges in court on April 4, 2012.

Colorado is a state that imposes strict liability on a dog owner for injuries that are caused by their dog. This is regardless of the dog’s vicious propensity. In some states, a dog gets what is referred to as “one free bite.” Although there are exceptions in these states, what this means is that the first time a dog bites a person, the dog owner is not liable for injuries caused by their dog. Dogs do not get “one free bite” in Colorado.

However, Colorado dog bite law does not allow the victim of a dog bite to bring a lawsuit against the dog owner if the injuries from the dog bite are considered to be minor. You are only permitted to sue a dog owner if your injuries are serious. Serious injuries include skin lacerations, bruises or muscle tears that have to have medical treatment or corrective surgery.

Dyer was unable to talk after the four hour surgery because her mouth was stitched shut. She was released from the hospital on Thursday, February 9th. Dyer is doing well and is expected to make a recovery. She will not return to work for several weeks.

 



Filed under: Injuries,News — admin @ 11:41 am

I Was Personally Injured by a Police Officer

Do I have a Police Brutality Case?

It may happen in several different types of circumstances. You are personally injured by a police officer. This may occur:

If you are brought in for questioning
In a routine traffic stop, detention or arrest
In jail or prison
Following the end of a pursuit.

Regardless of the circumstances, you believe that you have been a victim of police brutality. The question that you have is, “Do I have a police brutality case?”

In order to know whether or not you have a case for police brutality, you first need to understand how police brutality is defined. Police brutality is when a police officer uses excessive force in regards to a civilian or more force than what is necessary. This usually takes the form of excessive physical force, but it can also refer to verbal attacks by a police officer against a civilian.

An important point to remember is that there is no precise definition of what constitutes excessive force. However, generally, excessive force usually refers to force that is beyond the force that a prudent and reasonable police officer would use under the circumstances.

Violation of your civil rights

Police brutality is a violation of your civil rights. It is a direct violation of the laws inside of the police force. Police brutality is a direct violation of the Fifth and Fourteenth Amendments of the United States Constitution.

With this in mind, do you believe that you have been a victim of police brutality? If you do, you have a right to bring a brutality claim against the police officer or police officers who used excessive force against you.

It can be intimidating and frightening to bring a lawsuit against a police officer. Police officers may try to intimidate you and get you to drop your complaint. It may be difficult to get the evidence that you need if other police officers refuse to testify. Also, there is always the possibility that fellow police officers may try to cover up the incident.

Personal injury lawsuit

Having said this, it is still your right to bring a lawsuit against a police officer or police officers for brutality. The type of lawsuit that you would bring is called a personal injury lawsuit. A personal injury lawsuit is simply a claim that is brought in court by a person who has been injured either physically or emotionally by another person.

You should also understand that a personal injury lawsuit for police brutality may involve a long and complex process and is extremely difficult to win. This is due to the fact that there are several laws that give immunity to police officers. One of these is a short statute of limitations or deadline that you have for filing a police brutality lawsuit. In many instances, witnesses are also hesitant to come and testify. The burden of proof for police brutality is on you and can be very hard to establish.

If you are going to win a personal injury lawsuit for police brutality, you are going to need the skill and expertise of a personal injury lawyer. A personal injury lawyer will be familiar with the specific complexities of a personal injury lawsuit for police brutality.



Fort Worth Golfer Stabbed With Golf Club

A golf ball.

Does this Texas golf fighter have a personal injury case?

On Friday, January 27, 2012, around 3:30 in the afternoon, Clay Carpenter and two of his friends were playing a round of golf at an exclusive golf course at Eagle Mountain Lake in Texas. As they approached the 13th hole, they had caught up with a slower moving group of four golfers.

According to Carpenter, a course marshal told the foursome to allow Carpenter and his group to play through. Apparently, the foursome was not willing to do this, and a fight broke out.

Carpenter believes that one of the golfers swung a golf club at his head. However, he says that he grabbed it and broke it off at the end. Carpenter then says the man stabbed him twice in his leg.

One of the golfers in this foursome called 911. He said that Carpenter had fallen on a golf club or something.

Carpenter was taken to Texas Health Harris Methodist Hospital. After spending 9 days in the hospital, Carpenter was released on Sunday, February 5th.

Carpenter says that he is recovering from a punctured femoral artery and massive blood loss. The muscles in the lower half of Carpenter’s leg atrophied during his recovery and portions of his lower leg have died from the lack of blood flow. There is the possibility that he may have to have more surgeries on his leg. He is worried that he might even lose his leg.

The question is, “Does Carpenter have a personal injury case against the golfer who stabbed him? This will depend on some things.

The first thing that has to be considered is, “Who threw the first punch? Who actually started the fight?” If it was the man who stabbed him or someone else, Carpenter may have a personal injury case against the man who stabbed him. If it was Carpenter who threw the first punch, it does not necessarily mean that he does not have a personal injury case, but a person does have the right to defend themselves.

Even though a person has the right to defend themselves, can it be established that the person who stabbed Carpenter was using excessive force, more than was necessary. Was this man deliberately trying to harm Carpenter.

Another thing that would have to be established is that Carpenter was actually stabbed by one of the four golfers. The four golfers in the 911 call said that he fell on a golf club or something. Can it be established that Carpenter did not fall on a golf club but was actually stabbed by one of the four golfers who were playing ahead of him.

Another issue is, “Will the authorities arrest and charge one of the four golfers with stabbing Carpenter?” The Tarrant County Sheriff’s Department has stated that an active criminal investigation is in progress in regard to this incident.

It may be a good idea for Carpenter to contact a personal injury attorney to sit down and discuss and evaluate his case. It may very well be that Carpenter has a very good personal injury case.

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Filed under: Injuries,News — Tags: , , , , — admin @ 9:51 am

Broken Knee in a Car Accident and Filing Personal Injury

You suffered a broken knee in a car accident. The car accident was not your fault. It was someone else’s fault. The thing that you would probably like to know is, “Am I entitled to be compensated for my broken knee? Can I file a personal injury claim for my broken knee?

A broken knee is also referred to as a fractured knee. A broken knee can be the result of several injuries, such as a broken femur (thigh) bone that is located close to your knee joint, a broken patella (knee cap) or broken fibula or tibia.

Signs and symptoms of a broken knee

There are several signs and symptoms that may be an indication of a broken knee. Some of these are:

Not being able to stand on your injured knee
Severe swelling of your injured knee
Not being able to move your injured knee
Experiencing severe pain in your injured knee
Joint deformity in your injured knee
Weakness of your injured leg.

Some of the worst cases of a broken knee take place in a car accident. A broken knee can be devastating and result in lifelong consequences. A broken knee may keep you from your job for an extended period of time and bring about severe disability.

A broken knee may cause you a great deal of agony. The rehabilitation and therapy that you will most likely have to go through are not a pleasant experience. You may experience great frustration over the loss of mobility that comes from having a broken knee. On top of all this, there are the heavy expenses of therapy devices and trips to the doctor, which may prove to be more expensive than an insurance company will approve.

In order to be compensated in a personal injury claim for the broken knee that you received in a car accident, you will have to prove that your broken knee happened as a result of someone else’s willful, careless, negligent or reckless behavior, conduct or action. In other words, you will have to prove that the car accident was someone else’s fault, not your fault.

Personal injury claim

A personal injury claim is getting to be more and more complex and complicated. In order to be fully compensated for your broken knee, as well as your pain and suffering along with it, you are going to need the help and aid of a personal injury attorney. Many people make the mistake of turning to their family attorney who is not familiar with or experienced in the area of personal injury law. As a result, they often do not receive the full compensation that they should get for their injury.

As mentioned earlier, a broken knee can be a disastrous occurrence for which you deserve to be fully compensated. A personal injury attorney is the one to turn to when filing a personal injury claim. A personal injury attorney is the one who can enable you to receive all of the compensation that you are entitled to with a broken knee that is a result of a car accident that was not your fault.



Filed under: Traffic — james @ 1:16 pm

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