<![CDATA[Georgetown Legal Blog]]> tag:www.gettheboar.com,2013-03-21:/blog/54710 2018-12-05T20:10:34Z Movable Type Enterprise <![CDATA[The importance of an aggressive legal strategy after an injury]]> tag:www.gettheboar.com,2018:/blog//54710.3534160 2018-12-05T20:11:34Z 2018-12-05T20:10:34Z Suffering a serious injury, whether it is to the head, spinal cord injury or a compound or spiral fracture, typically means you will have a long period of convalescence and a lot of medical expenses in your future.

Focusing on the positive during your medical journey is important, as the right attitude can encourage your health care providers to give you the best standard of care. Remaining positive can also keep you focused on your recuperation, during physical therapy and even while you rest. However, you will need more than a positive attitude when it's time to seek compensation for your injuries.

]]> Regardless of whether you negotiate with the insurance company or file a lawsuit against a negligent business owner or driver, you need to maintain an aggressive and proactive mindset to receive the compensation you deserve.

Insurance companies may try to trick you

No matter how long you have maintained the same insurance policy, your insurance company likely won't offer to pay out the maximum benefit for an injury. Even if you have paid your premium faithfully for decades, these companies frequently try to withhold as much compensation as they can. In fact, the insurance company may do everything in its power to limit its financial liability for your claim.

Some common strategies that insurance companies use to avoid paying their full obligations to policyholders are legal — but morally questionable. These may include adding tricky clauses to policies that make it harder for the average person to file a successful claim. Insurance companies also tend to offer low initial settlement offers in the hope that the financial strain of your injury will prompt you to sign the check without considering the consequences.

A settlement offer that doesn't cover your medical costs and property damages isn't to your benefit. You must take the necessary actions to file a claim, and that can include determining what amount of compensation is reasonable given your situation.

You may need to take another party or your insurance company to court

No one wants to go to court after an injury, but sometimes it is necessary. If the other party did not have insurance, for example, a personal injury lawsuit may be the only way to get compensation for property damage and the costs associated with your injury. If your insurance provider denies a claim in bad faith, taking legal action is often the only way to seek a resolution.

Most people aren't aggressive enough to battle another person or insurance company on their own. It requires relentless and fierce efforts, as well as knowledge of legal obligations and rights. For many people, working with an attorney in the wake of a major injury is the best way to pursue the compensation they need to move on in life.

<![CDATA[Highway deaths involving big rigs are on the rise]]> tag:www.gettheboar.com,2018:/blog//54710.3519505 2018-11-27T19:41:35Z 2018-11-27T19:40:35Z Whether you are traveling on Interstate 35 or another of the major thoroughfares in and around Austin, at any given moment, you are likely to be driving near one or more semitrucks. Should an accident occur, if a big rig is involved, injuries to occupants of passenger vehicles can be catastrophic or even fatal.

In fact, while highway deaths are overall on the decline, the same cannot be said for fatalities in crashes involving semitrucks. Along with highway deaths in urban areas like Austin, last year saw an uptick in fatalities with large trucks.

]]> The National Highway Traffic Safety Administration (NHTSA) reported the findings of the Fatality Analysis Reporting System (FARS). In comparison with statistics from 2016, there was nearly a 7 percent increase in highway fatalities involving tractor-trailers. In total, all deaths involving semitrucks jumped up 18.7 percent last year.

Why the increase?

As with many events surrounding highway injuries and deaths, it's complicated. Traffic density definitely plays a role, as does the booming economy that sends more big rigs out on the roads delivering consumer goods.

The data indicates that most of the reported deaths involving semitrucks happen in multi-vehicle accidents. Urban areas that are highly saturated with traffic were particularly prone to traffic fatalities. This is in contrast to earlier years when rural highways typically saw more deaths from accidents.

What this means for motorists

Over time, this uptick may indicate a concerning trend for Austin motorists. However, there are many things that drivers and their passengers can do that will decrease the likelihood of their getting killed or injured in a wreck with a semitruck.

They include:

  • Wearing seat belts
  • Not following trucks and other vehicles too closely
  • Obeying posted speed limits and other rules of the road
  • Not traveling in semitrucks' multiple blind spots

What all drivers should know

If you wind up involved in a highway collision with a big rig, you should make sure that your right to seek financial compensation from any at-fault driver or trucking company remains fully protected.

This can mean not giving any off-the-cuff statements to law enforcement officers or first responders at the scene of the accident. Any commentary (including apologies) made by drivers at the accident scene may later be used against them to refute claims for damages that the injured parties may make.

<![CDATA[Traumatic brain injury: Things you need to know]]> tag:www.gettheboar.com,2018:/blog//54710.3499273 2018-11-06T14:21:37Z 2018-11-06T14:20:37Z A traumatic brain injury has the potential to alter your life. For this reason, it's imperative to understand the finer details of the injury, including the type of treatment that gives you the best chance of making a full recovery.



Treatment for a traumatic brain injury



Surgery is often required to address the following issues:

  • Repairing a skull fracture
  • Removing a blood clot
  • Bleeding in the brain
  • Opening a window to relieve pressure



  • Physical therapist
  • Physiatrist
  • Occupational therapist
  • Language and speech pathologist
  • Neuropsychologist
  • Recreational therapist
  • Vocational counselor



<![CDATA[Seniors, statistically, are less safe on the roads]]> tag:www.gettheboar.com,2018:/blog//54710.3496608 2018-11-02T16:01:35Z 2018-11-02T16:00:35Z Drivers deal with any number of potential hazards on the road every day. From potholes to animals attempting to cross the street, just about anything can impact the safety of your daily commute.

In order to keep themselves safe, people often engage in risk management by avoiding situations that could be dangerous. People also learn to look for drivers who could pose more risk than others.

]]> Many times, people focus their driving criticism on new drivers and teenagers. While it is true that teenagers have a higher risk of a crash than other adults on the road, they are not the only ones with a statistically significant increase in risk. Adults over a certain age also pose significant risk of a collision.

Aging affects many critical functions

Getting older can result in many different complications for adults. Problems with eyesight are common, as are issues with hearing. Aging adults can also experience problems with manual dexterity due to arthritis or other issues in their joints. Beyond that, senior citizens often have a longer response time than younger adults.

Even if they do not have a condition that results in degenerative cognitive function, it is still possible for seniors to require more time to respond to sudden stimuli in their environment. Combine that with the potential for confusion, and it is a perfect recipe for a serious collision.

Based on miles traveled, adults age 75 or older have an increased risk of a fatal crash. That risk rises even more after the age of 80. Medical issues associated with aging also make older drivers 17 times more likely to die in a crash than those age 64 or younger.

Pay attention to older drivers who are near you on the road

Being aware of conditions on the road is one of the most important things you can do to reduce your risk of a crash. Watching out for people who are visibly texting, arguing with other people in their vehicle or swerving in a way that implies they are impaired can help you stay safe.

Just like you want to leave a respectful distance between your vehicle and the vehicle of a teenage driver, so should you give extra space to senior drivers. This is especially true if they are driving well below the speed limit, maneuvering their vehicle in a jerky manner or otherwise driving in a way that indicates they may struggle to control their vehicle.

While not every senior citizen has medical conditions that can impact their ability to drive, many still pose more risk than the average adult. Stay safe by paying attention to who drives near you and how they handle their vehicles.

<![CDATA[Inadequate lighting and security can result in premises liability]]> tag:www.gettheboar.com,2018:/blog//54710.3461918 2018-10-04T19:51:37Z 2018-10-04T19:50:37Z For many people, the term "premises liability" conjures mental images of dramatic slip-and-fall accidents. While that is one significant source of liability for business owners, it is not the only issue. Businesses open to the public and landlords of all kinds also incur premises liability for any injury related to inadequate maintenance of a property.


]]> Adequate lighting is critical for safety as well as security

Inadequate lighting in a parking lot, alleyway or stairway can result in serious injuries. When people can't see where they're going, there is the potential for a slip-and-fall accident or even an otherwise preventable motor vehicle collision.



Premise liability usually includes crimes, even if the business isn't involved




<![CDATA[Broken bones from a car accident are not a minor injury]]> tag:www.gettheboar.com,2018:/blog//54710.3449692 2018-09-25T12:41:34Z 2018-09-25T12:40:34Z Crashes between two or more motor vehicles present a serious risk of injury. For the people involved in these collisions, medical consequences can include spinal cord injuries, traumatic brain injuries and even death. When the crash involves multiple vehicles or a large commercial truck, the potential for severe and even fatal injuries often increases.

It makes sense, then, that people who walk away from a crash with only a broken bone may feel like they are lucky. After all, broken bones knit over time, and most people with such an injury can return to work after a few weeks or perhaps a few months of recovery time. For those who work in offices or customer service, an immediate return to work may be possible. However, broken bones can have profound and lasting consequences for people involved in car crashes.

]]> Broken bones can mean missed work and major medical expenses

A broken bone can be quite painful. Thankfully, once medical professionals examine and set the bone, the pain usually decreases. However, the person with the broken bone will not be able to use that limb or extremity until the bone is fully healed. Depending on what that individual does for a living, the broken bone may mean many weeks off of work.

Different bones require different amounts of time to heal. Additionally, everyone's body is different. What may seem minor to one person can mean weeks of difficult recovery for someone else. As if missing work and struggling with self-care due to an injury isn't bad enough, there will be medical expenses related to that broken bone. There are X-rays to consider, as well as the cost of setting and applying a cast.

Medical devices like crutches or slings can be expensive, as well as ongoing care to monitor the healing process and physical therapy to recover strength and flexibility after the cast comes off. All of those expenses add up to major medical bills for the person with the broken bone. If that individual has an insurance policy with a high deductible, co-insurance rate or co-pays, they may spend quite a bit of money out of pocket to cover their care.

Broken bones can develop into worse conditions

In some cases, a broken bone can results in a permanent degenerative condition, known as Complex Regional Pain Syndrome (CRPS). For those with CRPS, the pain associated with a broken bone will increase over time. They may experience deep pain that does not properly correlate with the degree of injury or how much they have healed.

Even after the cast comes off, they will likely still experience chronic, debilitating pain. That pain often continues to worsen over time. CRPS is so debilitating that it can leave people unable to work for the rest of their lives. While CRPS is relatively rare, it can occur both spontaneously and as the result of a severe trauma, such as a broken bone.

For those who break a bone in an accident, it is important to look carefully at the situation. If you have significant expenses related to the injury, such as medical costs and lost wages, it may be possible to recoup those expenses if the accident was caused by the other driver or drivers involved in the collision.

<![CDATA[You can do things to prevent a bicycle-car accident]]> tag:www.gettheboar.com,2018:/blog//54710.3424923 2018-09-07T14:41:37Z 2018-09-07T14:40:37Z If you enjoy riding your bicycle, just the same as many in and around Austin, it's imperative that your safety always comes first. While you may be sure of the things you can do to protect yourself, don't forget that drivers don't always take as much caution.

There are things you can do as a bicyclist to prevent an accident with a motor vehicle, including the following:

  • Make eye contact: Don't assume that drivers will know what you're thinking. Don't assume they will take extreme caution as a means of keeping you safe. When you make eye contact and use hand signals, you'll feel better about sharing the road.
  • Watch for doors: It's so easy to focus all your attention on moving vehicles that you overlook those that are parked. If a door swings open into your path, you may not have enough time to react. This can result in a fast paced head-on crash.
  • Right turns put you at risk: When a driver makes a right turn, they may not see you traveling on your bike. Depending on your proximity to one another, this can result in a serious accident. As you approach intersections, always look over your left shoulder for a vehicle that may be turning right.
  • Take advantage of bicycle lanes: If you have access to a bicycle lane you should spend most your time riding here. There may be times when you have no choice but to consider other options, such as riding in traffic with motor vehicles, but the bike lane is where you really want to be.
]]> Even if you follow these tips you could still be part of a bicycle-car accident. Do these things immediately:

  • Stay where you are and check yourself for injuries
  • Call 911 for help or ask a witness to do so for you
  • Receive medical treatment and follow the direction of your medical team
  • Contact your insurance company to determine if you have coverage
  • Don't let the negligent party off the hook

You may soon find that the person who hit you was distracted by a cellphone, driving under the influence or too drowsy to be on the road. Learn more about holding them accountable for their actions.

<![CDATA[Anesthesia mistakes can prove fatal for the patient]]> tag:www.gettheboar.com,2018:/blog//54710.3406510 2018-08-24T16:21:34Z 2018-10-25T09:15:32Z The idea of going under the knife for a surgery can make most people relatively nervous. However, the part of the surgery that people fixate on is rarely the most dangerous component. People worry about getting cut open, when there is very little risk to that process in a controlled setting.

The doctor in charge of your surgery will have plenty of experience with carefully performing the operation and minimizing the damage to your tissues. There are also many safeguards in place, from monitoring by nurses to safety checklists that further reduce the risk of a serious mistake in a surgery.

]]> Going under is often the biggest risk

The greater risk actually comes from the process of going under anesthesia, which few people worry about prior to a surgery. Anesthesia can have unintended consequences on patients. Sometimes, a patient has a severe allergy that they did not know about.

Other times, there has been a family history of poor reactions to anesthesia. When an anesthesiologist makes a mistake prior to a surgery, it can cause severe side effects, including nausea before loss of consciousness and even death.

Proper monitoring is critical to success

Like most areas of medical practice, anesthesia does not work well with a one-size-fits-all approach. Instead, the doctor in charge of sedating you should be taking great cares to make sure that they are using the safest option for you, givev your medical history. Everything from your age to your weight can factor into the right kind of anesthesia and the right dose.

Once it has been administered, the anesthesiologist should watch your vital signs very closely to protect against the potential of catastrophic consequences. Failing to monitor your respiration rate and your heart rate could mean a medical failure that could have been prevented.

Patients deserve compensation after an anesthesiology mistake

What goes wrong in the anesthesiology process can be heartbreaking for those left behind. Many times, the patient may be severely injured. Mistakes with sedation can lead to serious medical reactions, allergic responses, heart attacks and even strokes. Life afterward may become much more painful and complicated than it was prior to the surgery.

Other times, it is possible that someone simply dies in a routine procedure. When that happens, the victim or the family members of the victim should make sure they look into their rights to seek compensation. Texas medical malpractice laws cover all forms of medicine, including poorly administered anesthesia.

While you may not believe that litigation will fix anything, it can at least offset some of the financial damages that a serious mistake by a doctor can inflict upon your family. It can also hold that doctor accountable and reduce the risk of the same thing happening to someone else.

<![CDATA[Driving too close to commercial trucks can put you at risk]]> tag:www.gettheboar.com,2018:/blog//54710.3379961 2018-08-06T13:01:35Z 2018-08-06T13:00:35Z Driving safely means managing multiple risk factors every time you hit the road. Of course, you already know that you need to monitor your vehicle for safety issues, such as the potential for your engine to overheat. You also need to pay close attention to other people on the road.

Watching out for drivers who are swerving or otherwise driving erratically is an important safety precaution. Similarly, you should make sure that you always give commercial trucks a wide berth. Driving too close to them could increase your risk of a crash, and as a smaller vehicle, you will likely suffer worse damages than the commercial truck.

]]> Trucks need extra space on all four sides

Commercial trucks are substantially bigger than passenger vehicles. They are taller, wider and much longer. Those bigger dimensions results in more risk for other drivers nearby. Even with the large mirrors you commonly see on the side of truck cabs, there are huge blind spots surrounding commercial vehicles.

If you drive in these blind spots, even for a few seconds, you could be at risk for a crash. After all, the truck driver will not see you and, therefore, won't take your proximity into consideration before turning or merging.

Stay out of the "no zones"

The large areas that are blind spots around trucks are called "no zones" by the Federal Motor Carrier Safety Administration. They gave these areas that title to remind drivers that they should never drive in these no zones.

Typically speaking, this means staying at least 20 feet in front of a truck, even when entering a new line of traffic. Driving closer than this could put you at risk for a rear-end accident. You should also avoid driving to the left of a trailer for the entire length of its trailer and the cab behind the driver.

On the right side, you should avoid the entire cab area, the length of the trailer and another 10 feet behind the truck for two lanes. Finally, people driving behind trucks should leave at least 30 feet of space between their vehicles and the commercial trucks to ensure the truckers can see them in the mirrors.

Truck driver distraction can contribute to increased risk

Commercial drivers are often on the road for many hours every day. This can lead them to seek stimulation to break up the monotony. While it may be against federal trucking regulations, truck drivers may choose to get on the internet or send text messages with friends or family on the road. Doing so means that they aren't watching the road as carefully as they should be.

Combine this distraction with unsafe proximity to a truck, and you have a perfect recipe for a terrible accident. Although you can't do anything to prevent a truck driver for making negligent or risky decisions, you can take steps to protect yourself by staying out of the blind spots that surround a truck.

Anyone who ends up hurt as the result of a crash caused by truck driver distraction should immediately look into their legal rights to pursue compensation for losses.

<![CDATA[How paralysis from a car crash changes your life in Texas]]> tag:www.gettheboar.com,2018:/blog//54710.3375396 2018-08-02T15:51:35Z 2018-08-02T15:50:35Z Car crashes happen every day in the state of Texas. Some of them are minor, with nothing more than property damage and maybe some bruising to the people involved. Others are more significant, causing massive injury and even death.

One of the more severe injuries people can suffer after a major collision is the spinal cord injury leading to paralysis. Some people can also develop partial paralysis or other mobility issues as a result of traumatic brain injuries. Regardless of whether you injured your head or your back, a paralyzing injury that affects your mobility can completely change your life.

]]> You may require extensive and ongoing medical care

In the immediate aftermath of an accident that leaves you with compromised mobility, you will likely incur substantial medical costs. Emergency transportation to the hospital is incredibly expensive on its own. Combine that with emergency care, trauma care, surgery and hospitalization, and you could be looking at a five-figure hospital bill.

That's before you factor in things like ongoing care, physical therapy and medications that you will require after your discharge. For many people, even those who will not regain the ability to walk, physical therapy will become a necessity.

It prevents the affected areas of the body from atrophying and helps reduce pain and other issues related to decreased mobility. For those with a better prognosis, physical therapy, rehabilitation services and other expensive medical interventions are likely required for months or even years before a full recovery is possible.

An accident can change or end your career

In the immediate wake of an accident, many people focus on the days of work they will miss due to hospitalization. That can be a significant amount of time, and it can represent a substantial amount of wages. However, just because you get out of the hospital does not mean you can return to work.

If your job requires physical effort, you may not be able to perform the same duties you once did. A change in responsibilities or potentially even a total career change may be required if you want to continue working after an accident.

Mobility issues can limit your ability to care for yourself

For some people, self-care may no longer be something they handle on their own after a crash. Mobility issues can impact someone's ability to handle daily tasks many of us take for granted. Showering, brushing your teeth, getting dressed and even going to the bathroom are all much more difficult when you can't use all of your body.

Some people only require assistive technology, like wheelchairs and special showers, to care for themselves. Others will require around-the-clock nursing. In some cases, that comes from a family member. Other times, an outside professional provides the support and care you need throughout the day.

Injuries that limit your mobility can cost you a lot

Suffering an injury that affects your ability to move, work and care for yourself can be devastating, both emotionally and financially. If the crash that left you injured was the result of someone else's bad decision, you should learn more about your options. You may have the right to seek compensation for your injuries and financial losses.

<![CDATA[Can you receive compensation after a dog bite attack in Texas?]]> tag:www.gettheboar.com,2018:/blog//54710.3366378 2018-07-25T19:01:34Z 2018-07-25T19:00:34Z Dogs are one of the most popular domesticated pets in the country. Millions of people in the United States and hundreds of thousands of people in Texas alone own a dog. Most of the time, these companion animals behave themselves well and present no real threat to the general public.

However, some dogs are vicious or unstable in nature. Other dogs are intentionally mistreated and abused by their owners to produce aggressive behaviors. Whether a dog was a pet who just snapped or was a dog intentionally trained to viciousness, when your family ends up victimized by an aggressive animal, you need to know your rights in the state of Texas.

]]> Texas has a one bite strict liability rule

Every state has its own procedures in place for handling injuries and financial losses related to a dog bite attack. In general, Texas applies what is known as the "one bite rule" to dog bite cases. In other words, the victims typically need to show that the dog has a history of violence or that the owner had reason to believe the dog was a danger to the community.

Many times, a previous bite event will establish this in court. That is where the name of the one bite rule comes from. A dog and its owner will typically not end up in trouble for a first bite, unless there is evidence that the owner knew the dog was a risk prior to the incident.

Every dog, in other words, gets "one free bite" before his or her owner must acknowledge that the animal is vicious and dangerous. After that, the owner becomes liable for any damages the dog causes.

Certain situations can help prove a dog is actually dangerous

If you or your child suffered a severe bite by a domestic dog, and the owner claims the dog never bit before, that doesn't mean you have to pay out-of-pocket for medical care. It may be possible to prove that the owner knew the dog was a potential threat even without a history of biting humans.

Any signs hung on the owner's property advising visitors to beware of the dog or any verbal acknowledgment by the owner, prior to the bite, of the dog's known viciousness could help you build a case for compensation. In some situations, it may also be possible to seek compensation through a homeowners insurance policy even if the dog bite attack would not allow you to file a civil lawsuit in Texas.

There are many different factors which can contribute to your rights in a dog bite situation, including the location of the attack, the severity of the injuries and your behavior immediately prior to the bite. Learning more about Texas law and legal precedent, and dog bite cases, can help you determine if you have a case for compensation.

<![CDATA[How wrongful death suits protect your family after a tragedy]]> tag:www.gettheboar.com,2018:/blog//54710.3324111 2018-06-28T14:21:34Z 2018-06-28T14:20:34Z Losing a loved one unexpectedly in a car crash or other accident is heartbreaking. Typically, you won't have a chance to say goodbye or tie up loose ends with your loved one. Instead, they simply don't come home one day. You're left to deal with planning a funeral and figuring out how to move on with your life after such as sudden loss.

Grief is a strong emotion, and it's common for people in the throes of grief to overlook practical concerns, like reduced income or the expenses associated with emergency medical care and a funeral. When someone else caused the death of your loved one, whether through negligence in caring for a property or by driving while drunk or texting at the wheel, you may be able to pursue compensation through a wrongful death lawsuit.

]]> A wrongful death lawsuit in Texas lets you recoup financial losses

While there is no way to put a financial value on the love, companionship and support of your deceased loved one, an unexpected death often comes with a steep price tag nonetheless. Property damage from a car crash, emergency medical care and funeral costs are only the tip of the financial iceberg. You will also have to consider a lifetime's worth of lost wages and companionship, as well as household support and duties.

A wrongful death lawsuit can help your family seek compensation for actual damages related to your loss. Those losses could include wages, property damages, medical and funeral expenses, and other provable financial consequences.

In situations where the person responsible committed a willful act endangering your loved one or an act of gross negligence, the courts may also award exemplary damages, which is another phrase for punitive damages. In other words, this amount of the award is intended as a punishment for the other party.

Wrongful death lawsuits can offer your family some form of justice

Is there anything more cruel than losing someone you love and depended on to the poor decisions of another person? Many times these losses do not result in criminal charges, leaving your family feeling like justice was not served in your case. Thankfully, wrongful death lawsuits can help remedy that unfair situation.

Even if there wasn't enough evidence to convict the person responsible in criminal court, you may have enough evidence to prove fault in a wrongful death lawsuit. If your wrongful death lawsuit is successful, the Texas courts will award you damages and officially name the other person as the responsible party in the death.

While that can't undo what has happened to your family, it can help you to feel like you've successfully sought justice for your loved one and held the other person accountable.

<![CDATA[Medical mistakes in surgery can prove devastating for patients]]> tag:www.gettheboar.com,2018:/blog//54710.3313852 2018-06-20T22:10:00Z 2018-06-20T13:30:36Z You trust your doctor with your health, quality of life and even your life itself. This is especially true when you need to go in for surgery. Whether it's the removal of a tumor, the correction of a valve problem in your heart or even a joint replacement, surgeries are risky, invasive medical procedures that can cause a host of issues, even if properly performed.

Sadly, medical mistakes in surgery are actually quite common. For the patients who end up hurt due to a doctor's mistake or negligence, the ongoing costs can include medical expenses, increased pain levels, longer recovery times and even a worse prognosis for the condition. Patients may need to carefully examine what happened to determine if the event constitutes medical malpractice.

]]> Major surgical errors happen every week in the United States

When researchers look at medical mistakes, they always separate unusual and unpredictable circumstances, like an unknown allergy or congenital condition, from preventable issues, like medical mistakes. Serious mistakes, also called never events, are obvious issues that should never happen in a professional medical setting.

An analysis of reported medical mistakes from 1990 to 2010 found that in those 20 years, there were roughly 20,000 of these surgical never events in the United States. The most common issue was accidentally leaving something inside a patent after surgery.

Sponges, towels and gauze for catching liquids are common, but metal implements and other tools can also end up left inside a patient after surgery. Even if the item is soft and small, it presents a severe risk of serious infection. That typically means a second surgery in the near future, which can be incredibly taxing on the human body. About 39 patients each week have a surgeon leave a foreign object in their body.

Twenty other patients will have a doctor perform the wrong procedure on them, while another 20 people will have the right surgery performed on the wrong area of the body. Both of these scenarios create a lot of medical risk for the patient. Patients have to deal with the trauma of surgery, the physical impact of a procedure on the wrong place or the wrong operation altogether, and still need to have their original surgery performed.

Help hold surgeons accountable for these kinds of mistakes

Even if your doctor offers to fix the mistake without charging you for the surgery, that doesn't undo the damage of a major surgical mistake. In the wake of a surgical never event, you need to carefully consider your options. Filing a medical malpractice claim against the doctor and/or hospital may be one way to ensure that the same thing doesn't happen to another patient in the future. It can also help offset your losses, both physical and financial, because of a medical mistake.

<![CDATA[Pedestrians hit by motor vehicles often suffer fatal injuries]]> tag:www.gettheboar.com,2018:/blog//54710.3302047 2018-06-11T22:08:00Z 2018-06-11T13:30:34Z Cars, trucks and SUVs can make life so much simpler. Instead of needing to plan your life around the availability of public transportation or budgeting to pay for taxi or ride share services, you can simply jump in your vehicle and hit the road when you have somewhere to go.

However, the flip side of that instant convenience is the ongoing risk of an accident. Motor vehicles can cause severe injury or death to others, particularly when they strike a pedestrian instead of another vehicle.

]]> Vehicles should do their best to safely share the road with people on bikes or on foot. Sadly, drivers often fail to properly monitor their surroundings, which can result in tragedy on the road. When the other party in a crash isn't protected by an enclosed vehicle, the outcome can be very tragic. Even worse, these kinds of accidents seem to be happening more frequently.

Pedestrians have no protection from injury on the road

Whether the accident happens in a crosswalk, on a sidewalk or in a parking lot, the potential for grave bodily harm is present. Unlike people in vehicles, who have the protection of fiberglass, metal and windshields, pedestrians have nothing to shield their bodies from the trauma of impact. The people in the vehicle could walk away unscathed, while the pedestrian could end up in the hospital for weeks or even dead as a result of the crash.

The first concern is the damage caused by impact with the vehicle. Blunt force trauma to the midsection could cause life-threatening internal bleeding or broken bones.

The potential for injury doesn't end there. Most people will end up falling after getting hit by the car. Striking the road, sidewalk or nearby trees or buildings can all result in severe injuries as well. Some people could even end up thrown into traffic, creating a risk for additional injuries and accidents.

The potential injuries a pedestrian can suffer when struck by a motor vehicle can be catastrophic. Broken bones are often the least concern. Traumatic brain injuries and spinal cord injuries can also be a result from these kinds of crashes. They can have a long-term or even permanent impact on mobility and the ability to continue to work.

You have the right to pursue compensation

Thousands of people die in pedestrian crashes each year, with many more suffering severe injuries. Whether you personally suffered injuries in a collision or lost a loved one due to a pedestrian accident caused by a driver, the person who caused the crash may be liable for the damages you suffer.

Depending on the specifics of your situation, you may have the right to seek reimbursement for medical expenses, lost wages, funeral costs and more. Holding the driver who caused your injuries or losses accountable can help stave off the social and financial consequences of a severe injury.

<![CDATA[What happens when you get hurt at the store?]]> tag:www.gettheboar.com,2018:/blog//54710.3288054 2018-05-30T21:00:00Z 2018-06-06T07:27:54Z Any facility that is open to the public should take reasonable steps to prevent injury to those who visit. Those steps could include snow or ice removal in the winter, addressing spills inside quickly and maintaining the property. Broken railings, glass or pavement could all create unnecessary hazards for the public. Overly waxed flooring could result in a slip-and-fall incident. Even furniture and fixtures improperly mounted or constructed could create a risk of injury.

Businesses already know that they should take steps to protect the public from injuries on their property. That's because the law creates liability for property owners, known as premises liability. If neglect or improper maintenance lead to someone suffering an injury on private property, the owner or manager of that property could be financially liable for any losses suffered by the injured party.

]]> Slip-and-falls are common, but not the only concern

There's a reason that stores put out signs warning of wet floors after a spill or when cleaning the floors. If someone slipped on the floors and broke a bone or hit one's head, the business will likely end up paying for medical costs related to the injury, as well as lost wages and other damages. Every year, many people end up in the hospital due to slip-and-fall injuries, so it makes sense that businesses worry about liability related to that kind of accident.

However, there are many other kinds of potential accidents that can happen. Tall shelves in a store, for example, can be a significant source of potential risk. Customers could try to climb lower shelves or on carts in an attempt to reach something on the top shelf. That could lead to a major fall. In some cases, it may even be possible to tip the entire shelf over, injuring both that person and anyone else nearby.

Premises liability policies can offer businesses some protection

The good news about the many potential ways someone can end up injured in a store or on someone else's property is that liability insurance offers some protection. Property owners and business operators pay for special insurance policies that protect them from financial losses in the event that someone gets hurt on their property or in their business.

However, the people who suffer injuries should be careful when interacting with any insurance company. Settlement offers, for example, should be the subject of careful review. You should never sign anything that limits your ability to seek additional compensation, especially if the payout or settlement is below the anticipated costs associated with your injury.

Filing an insurance claim could help cover your medical expenses and lost wages, but it should pay for all of your losses, not just a small portion of them.