August 20, 2012
Basics of Pain and Suffering Awards
If you are considering a personal injury claim, you might have heard about compensation for pain and suffering and may be curious about whether you might qualify to receive those damages.
Not all injuries justify pain and suffering awards. Generally, a victim can receive recompense for past, present and future physical anguish. A jury usually considers many different issues when making its decision. Some of those issues are:
· The type of injury sustained. Injuries that produce constant and continuing pain as well as brain injuries often receive large amounts.
· The age of the victim. A younger victim who will have to endure a lifetime of pain can get a larger award.
· The effect of the injury on the victim, such as the certainty of pain in the past, present or future.
Juries who deliberate on pain and suffering issues are instructed to “reasonably compensate” a victim, yet those determinations can vary widely depending on the facts of each case and the instructions to the jury. Further, there may also be additional state and local conditions that must be met to receive pain and suffering damages as well as limits on how much money can be given.
If a jury awards pain and suffering damages, the award can be later modified. The typical reasons that pain and suffering awards are modified are because of procedural reasons or because the judge deems that the award is too excessive.
As proving and determining damages can be tricky for this type of award, it is always best to keep detailed records and seek out expert advice when considering pursing pain and suffering damages.
Source: Findlaw.com, “How Much Pain and Suffering is Enough to Sue?,” Andrew Chow, 6/08/2012
August 6, 2012
Traumatic Brain Injuries – VA Funds Development of Self-Care Assessment Tool
Veterans of the wars in Iraq and Afghanistan have experienced high numbers of traumatic brain injuries from the intense nature of explosive warfare in those conflicts. The Indiana University School of Medicine reports about 180,000 such vets received “mild to moderate brain injury” and continue to suffer from:
- Insomnia
- Headaches
- Depression
- Attention deficits
- Reliving trauma
Other mild TBI symptoms can include memory loss, balance problems and light sensitivity.
Dr. Jacob Kean at IU says that perceptions of brain injuries are changing in that it really is a chronic, degenerative and lifelong problem. To improve ongoing TBI treatment and patient support, the U.S. Department of Veterans Affairs awarded a “telehealth” research grant to Dr. Kean that began July 1.
The project seeks to develop information technology that can assess how well veterans are taking care of their mild TBI conditions at home. As it is difficult for some vets to travel regularly to VA medical facilities, TBI self-management is important and logical.
The new assessment tool could help doctors better instruct their TBI patients in individualized self-care plans and ultimately improve remote treatment. This research expands the practice of telehealth from remote measurement of objective symptoms like blood pressure or pulse into remote assessment of “symptoms related to symptoms and emotions,” according to Dr. Kean.
Five VA hospitals will be used for system testing.
Source: FierceHealthIT, “VA, Indiana University to study telehealth impact on brain injuries,” Dan Bowman, June 29, 2012
July 11, 2012
Amid Accidents, FMCSA Balks at Upped Inspection Process
In the last few years, three high-profile bus crashes in Illinois, Mississippi and Texas caused the death of 40 passengers. In the wake of these tragic bus accidents, new light has been shown on the oversight, or lack thereof, of states’ inspection processes of buses and other commercial vehicles that carry passengers. However, the cry for tighter safety regulation has fallen on deaf ears as the Federal Motor Carrier Safety Administration, or FMCSA, has not taken action.
The Associated Press reports that federal regulations require passenger buses to be inspected on a yearly basis, but who conducts the inspections and what to look for and inspect are not specified and these details are left up to the states to decide. Often inspections are conducted by private businesses, state inspectors and even the motor carriers themselves. Further, the AP reports that over half of the states have not issued specific inspection requirements and let the motor carriers determine the scope of the inspections.
Amid cacophony for the FMCSA to strengthen its oversight of the businesses and organizations that inspect buses after the three bus accidents, has yet to step up its oversight. In fact, the AP reports that the agency has stated that increased oversight of state programs is “unnecessary.”
In early 2012, as part of the highway funding bill, the United States Senate passed a provision requiring bus and motor carrier programs on the state level to be evaluated by the federal government, according to the AP; however, the measure ran out of gas in the House.
As of now bus inspections are amid a menagerie of differing state rules. Until the time the FMCSA increases its oversight of how states conduct bus inspections, it is up to injured individuals to hold bus companies responsible for negligent inspections through personal injury lawsuits.
Source: “More oversight of bus safety called for,” Boston Globe, April 2, 2012
October 31, 2011
October and Halloween Night Are Particularly Dangerous for Virginia Motorcyclists
A Richmond police communications officer was fatally injured in a motorcycle crash at the beginning of October when he collided with a school bus while riding his motorcycle just west of Jefferson Davis Highway. Another motorcyclist was sent to the hospital with critical injuries after colliding with an SUV in Chesterfield County about a week ago. The cyclist later died from his injuries has well.
To top it all off, the National Highway Traffic Safety Administration (NHTSA) reports that almost half of all fatal accidents on Halloween night in 2009 involved a motorcycle driver with a blood-alcohol-concentration above 0.08. To say that October is a dangerous month for Virginia motorcycle accidents may be an understatement. October has proven to be even worse: a deadly month for motorcyclists in Virginia and throughout the country.
How Can Richmond Motorcyclists Better Protect Themselves?
The Virginia Department of Motor Vehicles requires all cyclists on Virginia roadways to first obtain a motorcycle license or a Class M designation on your Virginia driver’s license. Virginia also requires that cyclists and their passengers wear a helmet that either complies with or exceeds the standards set forth by the federal Department of Transportation, the Snell Memorial Foundation or the American National Standards Institute, Inc.
In addition to helmets, motorcyclists are encouraged to wear protective eyewear such as a helmet with a face shield or protective goggles, long-sleeved shirts and pants to protect arms and legs from scrapes and abrasions, non-slip gloves that allow for a firm grip on the handlebars and appropriate footwear that covers the ankles. Leather boots are highly recommended.
While it’s every driver’s responsibility to keep an eye out for others on the road and to follow traffic rules to protect each other’s safety, motorcyclists must be aware that they often go unseen by others on the road. Whether it’s because drivers are not looking for their smaller motor vehicles or whether the motorcyclist is not taking steps to drive in his or her lane so as to be visible to other drivers, lane positioning is very important for motorcycle safety. If you’re riding a motorcycle, make sure to give yourself enough space to avoid traffic hazards as well as to brake appropriately in emergency situations.
August 29, 2011
Richmond, Virginia’s Dangerous I-95 Claims Two Lives in Multi-Vehicle Crash
A disabled Ford Taurus in the left-hand lane of Interstate 95 in Richmond lead to a three-vehicle crash last Thursday, fatally injuring two motorcyclists. The Taurus attempted to get off the highway, but could not entirely get out of the left lane of traffic. A Chevrolet Impala, also in the left lane, was able to stop behind the Taurus, but the third vehicle, a Harley motorcycle was not. The motorcycle rear-ended the Impala, ejecting both the driver of the motorcycle and his passenger.
In 2010, Virginia roadways, including I-95, saw over 700 Virginians killed in motor vehicle accidents, including drivers, passengers and pedestrians according to the Virginia Highway Safety Office. Over 4500 car crashes occurred in Richmond alone, resulting in 15 deaths and over 2500 injuries.
Common Causes of Virginia Motor Vehicle Accidents
Motor vehicle accidents are among the top 15 most common causes of death in Virginia. Although there is no indication that alcohol was a factor in the fatal motorcycle crash on I-95, alcohol played a role in over 37 percent of all crash-related fatalities in Virginia last year.
Other common causes of Virginia motor vehicle accidents include:
- Distracted or inattentive driving
- Exceeding the posted speed limit
- Failing to obey traffic signals, including stop signs and red lights
- Poor weather conditions
- Defective vehicle parts
- Inexperienced/teen drivers
- Driver fatigue
Regardless of the cause of the crash, motor vehicle accidents can have devastating consequences. The sudden impact of one vehicle hitting another can cause bruising, broken bones, spinal cord and head injury, burns and even death. The steps you take after being injured in a car accident should include moving to a safe place if possible, calling for emergency assistance and seeking necessary medical treatment.