Law Offices of Paul J. Smoot FindLaw IM Template2024-02-28T18:11:15Zhttps://www.smootpc.com/feed/atom/WordPress/wp-content/uploads/sites/1603345/2022/02/Fav-75x75.icoOn Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466932024-02-28T18:11:15Z2024-02-28T18:11:15ZMissing work can limit advancement opportunities
Although employers should not consider someone's medical condition when making major decisions, they often do. Technically, a worker's health issues, including a brain injury sustained in a car crash, should not have any bearing on employment decisions. So long as someone can perform a job, they should receive the same consideration as others.
Unfortunately, research has shown that workers who miss time on the job because of health challenges often do not receive the same treatment as their coworkers. Employers may be less likely to grant someone a raise or promotion in the future if they miss a substantial amount of work while undergoing treatment for an injury. Especially if their injury requires regular absences for therapy and ongoing care, their absences from work could affect their career.
Symptoms can affect job performance
Although it can be difficult to admit, the limitations caused by a TBI can affect someone's work ability. For example, the changes in mood and personality often reported after a brain injury might mean that someone now struggles in a managerial role or a customer-facing position because they are not as calm as they once were.
Other times, there could be cognitive or physical symptoms of a brain injury that affect someone's job performance. Issues with fine motor control might render someone incapable of working in a factory. Challenges with memory or issues with problem-solving could affect even white-collar workers and leave them unable to do the same job they performed before their injury.
Overall, the combination of significant medical expenses and reduced earning potential can cause dire financial issues for a brain injury survivor. Pursuing a personal injury lawsuit against a party at fault for a patient’s harm can potentially help someone with a crash-related TBI limit the economic impact of their injury.]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466922024-01-31T14:50:04Z2024-01-31T14:50:04ZCrashes may generate crushing injuries
The type of collision that occurs influences the injuries that someone may experience. In crashes that cause extensive damage to vehicles or involve vehicles of vastly different sizes, people might develop severe crushing injuries.
Unlike a traditional fracture where the bone breaks in one location or a few places, a crushing injury can break a bone in dozens of places. Attempting to treat a crushing injury is a major medical challenge. People may require multiple operations just to regain functional use after a crushing injury. Even then, there is no guarantee that doctors can fully repair the injured body part.
Combine the functional limitations of a crushing injury with the possibility of nerve damage, and that becomes a recipe for a lifelong, catastrophic injury. Medical professionals sometimes reach the conclusion then amputation is a better option than repeat surgeries that may or may not lead to reduced symptoms for a patient.
A medical or surgical amputation is cleaner and therefore safer than a traumatic amputation that happens at the scene of a crash. However, it can still trigger a lifetime of medical challenges and functional limitations. A surgical amputation necessitated by a collision could cost someone tens of thousands of dollars or more.
Pursuing a personal injury lawsuit is a reasonable reaction if a car crash caused by another’s negligence leaves someone with catastrophic injuries, such as the loss of a body part.
]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466722024-01-16T11:14:03Z2024-01-10T03:29:27ZAfter a wreck or another accident leaves someone in a coma with a severe head injury, the most important question their loved ones usually have at first is, “Will they wake up?”
When it comes to assessing the prognosis of coma victims, however, medical professionals have found that even the most careful clinical observations and the best imaging studies still didn’t provide an accurate answer to that question. Yet, a very simple tool, known as the “sniff” test, may provide clarity.
What is the sniff test, and why is it important?
A coma is a profound state of unconsciousness that leaves the victim broadly unresponsive to external stimuli. The sniff test involves exposing patients to pleasant and unpleasant odors and watching the response (or lack of one) in their breathing. The olfactory nerve, which is responsible for a patient’s sense of smell, connects directly to the brainstem. The brainstem is what regulates their basic bodily functions, including breathing. It’s also the base of consciousness. When the olfactory nerve is stimulated enough, the brainstem should have a response. During the test, the patient is observed to see if their breathing gets shallow when they’re exposed to putrid smells or deepens in response to pleasant ones. A positive response indicates that the patient’s brainstem is still functioning, at least to some degree. That indicates that the patient is most likely to regain at least minimal consciousness.This is useful because it can give doctors:
An early prediction: Since it is quick and easy to perform, it can be done relatively early in the coma, allowing for faster insights into the patient’s potential for recovery. This can help the physicians tailor their treatment plans.
A better way to guide families: The response to the sniff test can also help doctors give the families of coma patients some real clarity in the days and weeks following an accident. That can help them adjust to the reality of their situation better and make informed decisions about the future.
If your loved one suffered a traumatic brain injury and is in a coma after a wreck with a semi or in some other accident, it is always wisest to find out more about your legal options.]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466702024-01-16T11:14:14Z2023-12-14T02:03:13ZBrain injuries may have delayed symptoms
A traumatic brain injury (TBI) can cause a vast array of different symptoms, but those symptoms take time to develop. Someone with a TBI may experience sensory issues. They may have motor function challenges ranging from problems with fine motor control to a loss of equilibrium. Cognitive issues can also occur, including issues with memory or outright changes in personality.
Unfortunately, it often takes quite some time for the condition to progress to a point where someone notices those symptoms. Immediately after a crash, the only warning sign might be a brief loss of consciousness or a headache that persists and then worsens. The body's chemical response to a traumatic event like a car crash might cover up the pain, meaning that people won't have any telltale signs of a TBI at the scene of the collision.
Only a medical professional can effectively diagnose a brain injury after a car crash. Those who see a physician as soon as possible will be in a better position to get care that could prevent their symptoms from worsening. It is often easier to pursue a successful insurance claim after a crash if someone has medical records from the same day as the collision affirming that they have a crash-related traumatic injury.
Not only do TBIs often cost tens of thousands of dollars or more in medical treatment, but they can also affect someone's earning potential. Recognizing that a medical doctor's review is necessary could help people get the right support after a car crash.]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466692024-01-16T10:12:07Z2023-11-09T22:46:07ZInitiating a lawsuit on behalf of the government
Those in certain professions, including healthcare employees, sometimes have the option of taking legal action against a business on behalf of their employers. Violations of the False Claims Act through illegal billing practices would justify an employee bringing a qui tam lawsuit against their employer. Such lawsuits seek compensation for over-billing and other fraudulent activity. Successful lawsuits can lead to financial compensation for the person who initiates litigation, and filing the lawsuit will usually make them eligible for whistleblower protection.
Making an internal report
Many people would prefer to have their employers do the right thing voluntarily instead of forcing their hand by involving outside authorities. They might report misconduct ranging from illegal billing habits to unsafe work environments within the company. Reporting issues to management or human resources can make someone a whistleblower who is eligible for protection from retaliation.
Alerting government authorities
There are a variety of different regulatory agencies that investigate business misconduct and enforce the law. Individuals who believe that their employers will not take appropriate actions internally or who have already witnessed their employers ignore reports may choose to notify government authorities. Doing so will make them a whistleblower who has protection from retaliation.
Ultimately, becoming a whistleblower is an act of courage. However, these brave individuals don’t have to navigate the reporting process alone. They can seek experienced legal guidance and support at any time.]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466682024-01-16T09:30:19Z2023-10-10T10:36:59ZSymptoms don't always manifest immediately
The way that brain injuries develop is somewhat unique. The symptoms people experience are often the result of slowly-building pressure on the brain caused by inflammation, bruising or bleeding. It can take hours if not days after the initial trauma for the swelling of the brain inside the skull or the loss of blood to put enough pressure on the brain to cause noticeable symptoms. Someone might very well notice issues with slurred speech, challenges with balance or memory issues in the days after a car crash even if they did not have symptoms at the scene of the crash. Those symptoms may continue to worsen and change until the injury stops progressing or someone receives treatment.
The body helps hide early symptoms
The human brain responds aggressively to traumatic experiences. Flooding the body with chemicals could allow someone to either fight off a predator or flee a dangerous situation despite having injuries. The body's stress response may cover pain symptoms and other early warning signs of a potential TBI after a crash. It may only be after many hours have passed that people start to recognize how painful they actually are. Unless a brain injury is so severe that it renders someone immediately unconscious, people could very easily fail to recognize warning signs of a serious health issue that could affect them for years to come.
As a result of these challenges, seeking an appropriate medical evaluation after a high-speed collision or any crash that causes substantial damage to a vehicle can help people get a prompt diagnosis that might improve their long-term prognosis.]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466672024-01-16T11:14:41Z2023-09-07T00:10:05ZA truck operator
The truck driver is the most obvious party to consider when you’re looking to assign fault for a wreck since human error has always been a major factor in motor vehicle accidents. Things like speeding, distracted driving, driving under the influence of drugs or alcohol or drowsy driving can all be considered negligence.
A trucking company
If the trucker isn’t an independent driver, the trucking company that hired them may be held liable through the theory of vicarious liability. That transfers the financial weight of the issue to the party that can better afford to cover a victim’s losses – the trucker’s employer.
A cargo loader
Improperly loaded or secured cargo can also lead to truck accidents. If cargo loaders or shippers fail to follow proper packing and loading procedures, loads can shift and cargo can fall onto the road – and trucks can end up jackknifing or rolling over.
Manufacturers and parts suppliers
Sometimes a truck accident starts because of mechanical failures, like steering problems or a blown tire. If those situations were caused by defective equipment or parts, not poor maintenance, the manufacturer or supplier of the defective part might be liable for the wreck.
Other drivers in passenger vehicles
Some truck accidents are chain-reaction events. If another vehicle cut the truck off when they merged lanes or somehow was involved in the wreck, it’s always important to consider the extent of their liability in your claim.
When you or your loved one have been seriously injured in a wreck with a commercial vehicle, you may need every dollar of compensation you can get to provide for your needs and protect your family’s future. Seeking legal guidance can help you to secure what is rightfully yours.]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466652024-01-16T09:32:26Z2023-08-04T01:06:21ZCalifornia state laws have rules that protect whistleblowers from employer retaliation. Workers who report issues within a company and/or to outside regulatory agencies should not have to worry about punitive measures taken by their employer just for speaking up and doing what is right. However, if companies always followed the law, whistleblower protections wouldn't need to exist in the first place. Therefore, those who have recognized an issue with how their employer operates may want to take some or all of the three steps below to more effectively protect their interests.
Develop independent documentation
The more records that someone has detailing what they have witnessed in the workplace, the harder it will be for an employer to take punitive action against a whistleblower. When they can conclusively show that the company has turned a blind eye to harassment reports or requires that workers bypass crucial safety rules for the sake of expediency. A worker's records should also include details about the worker's attempts to communicate their concerns internally or report the matter to outside regulatory agencies.
Learn how to spot retaliation
Sometimes, retaliation is immediate and obvious. A worker loses their job mere days after filing internal paperwork or communicating with regulatory agencies. Workers in such scenarios may have a relatively simple claim because they can connect the company's actions with their own easily. Other times, companies may wait many months to retaliate against workers who assert themselves. Perhaps an annual performance review months later is the first sign of retaliation. Workers may also find themselves getting written up occasionally for seemingly minor infractions or issues that did not previously result in disciplinary efforts. The goal in both of those cases would likely be to push someone out of their position while making it seem like the company's decision was justified.
Recognize the potential need for help
From involving regulatory agencies to consulting with those familiar with whistleblower laws and other forms of employee protection, it may be necessary for workers worried about reporting company misconduct and hoping to protect their jobs to cooperate with outside parties to improve their chances of a positive outcome.
Workers who are familiar with their rights and the law and who have accurate advice about how to protect themselves can potentially take action to hold an employer accountable without endangering their own professional development. Taking the right steps to protect oneself when acting as a whistleblower can help someone do the right thing without paying a personal price for their courage.
]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466642024-01-16T10:11:29Z2023-07-10T11:37:04Zsome damages that you may be able to pursue?
Medical bills
Naturally, after the damage to your car, the first thing you’ll probably think of is your medical expenses. This could include everything from ambulance fees to the cost of medication or the medical treatments that you need while you’re in the hospital. For a severe injury like a traumatic brain injury (TBI) or a spinal cord injury, these costs could be incredibly high.
Future medical costs
After the immediate medical costs, remember to think about how your situation may impact your future. Are you going to need in-home care services? Are you suffering from a disability or a disfigurement? Will you need rehabilitation in the future? You’ll want to make sure that all of your costs are factored when you’re constructing a legal strategy to pursue damages.
Pain and suffering
Although it can be a bit harder to define, you can sometimes seek compensation for pain and suffering, as well. You never should have been injured to begin with, if not for another party’s negligence. What you had to endure may have been very difficult or even left you with something like post-traumatic stress disorder (PTSD).
Lost wages and future earnings
Finally, an important category to consider is your wages. Maybe you missed days, weeks or even months at work. You may need and deserve compensation for the wages that you expected to earn, which were factored into your budget. You may even find that you can’t return to work or that your earning capacity is lower than it was before. This can have a major long-term impact on your earnings.
These are only four areas of potential damages worth considering. Seeking experienced legal guidance can potentially help you to identify more.]]>On Behalf of Law Office of Paul J. Smoothttps://www.smootpc.com/?p=466632024-01-16T11:19:37Z2023-06-05T13:02:09ZLosing consciousness is a direct warning sign
Some people might claim that they passed out during the crash due to shock or pain, but that usually isn't what happens. Those who lose consciousness during a car crash often do so because of head trauma. Either striking their head on something or shaking their head too aggressively results in injury to the brain, which causes a momentary loss of consciousness. Given that it may only last for a few seconds or a couple of minutes, people made dismiss what is actually a bright red flag warning them of a possible brain injury as a simple side effect of trauma.
Those who black out often need medical care
Anyone who loses consciousness during a crash or in its immediate aftermath is at higher risk than other people involved in the same wreck of a brain injury. Especially if they have a headache, feel nauseous or experience any other symptoms that could be a warning sign of a brain injury, they will likely benefit from having a medical professional carefully evaluate.
Getting an early diagnosis can help someone secure better medical treatment and may improve their chances of pursuing a successful insurance claim and/or lawsuit after a brain injury caused by a car crash.
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