Slip and Fall: Helping the Elderly Avoid Accidents

Posted on June 17, 2013 by Matt Powell

Matthew Powell

16709_stairs_and_doors016When a person thinks about slipping and falling, rarely does he conjure images of a casket.  However, there are thousands of incidents of fatal falls each year that occur within personal residences.  These are not construction site tumbles from great heights or missteps when crossing a busy road.  They are mere accidents within familiar surroundings.  The majority of these fatal events are suffered by older adults, over the age of 65, which result in serious injuries such as hip fractures, concussions, or lacerations.  The injuries can, unfortunately, weaken the immune system, force the victim to remain stationary, or the need for surgical treatment can be too much for the person to tolerate.

Fortunately, there are ways to reduce the risk of a serious slip and fall.  Many of these suggestions may seem rather obvious, but the truth is that they are regularly overlooked.  In many instances, the failure to address the problem is partially due to the fact that loved ones don’t see their elderly relative as fragile.  That being said, you might be wise to consider the following measures in your home or that of your family member.

·        Ensure stairways are carpeted or have safety treads and that well secured handrails are available on both sides of the stairwell.

·        Acknowledge the fact that beautiful design can impede a person.  Throw rugs, for instance, can be a tripping hazard and too many accessories can create clutter and increase the potential of a misstep.

·        Outfit bathtubs with handles and non-skid treads.  Also use non-slip rugs on bathroom floors.

·        Consider grab bars on either side of the toilet for elderly relatives who have difficulty transitioning from standing to sitting, or vice versa.

Not only will these measures help you keep your loved ones safe, they can also reduce the risk of visitors being harmed while on your property.  This means, of course, that personal injury lawsuits are kept at bay.

Matthew Powell

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Sexual Harassment on College Campuses

Posted on June 14, 2013 by Matt Powell

Matthew Powell

317799_attentive_classThe topic of sexual harassment has been infiltrating news headlines for quite some time now.  More recently, it has left the office place setting, where it seemed to stick for several years, and is making its way to the front lines of college campuses across the country.  While military concerns have certainly taken center stage for the time being, universities are also being asked to change their policies on the subject.

According to Daily Caller News, in the month of May, the Department of Justice and Education approached the University of Montana on this exact topic.  It was requested that the college take a stronger stance against sexual harassment, yet some people fear that the brutal strict policies could infringe on people’s freedom of speech.

By definition, sexual harassment occurs when a “hostile environment” is created as a result of some comment, action, or otherwise sexual disturbing gesture.  Essentially, the government states that it is illegal for a person to harass another person in a sexual manner.  The law does not directly outlaw teasing, off-hand comments, or innocent isolated situations.  That being said, however, a person should never be made to feel uncomfortable as a result of unwanted touching, verbal attack, or otherwise threatening actions.

It is important to note that many stigmas and assumptions have arisen as sexual harassment cases are reported by the American media.  A sexual assault victim can be man, woman, or child, employee, employer, student, teacher, or any other human being.  Similarly, the offender can be of either sex and may hold a superior or inferior position to the victim.

Many worry that the inconsistencies in sexual harassment policies, and even the government’s interpretation of the term, could lead to serious and potentially threatening situations.  It is important to speak up if you are the victim of sexual harassment.  If the college or university is unwilling to act on your behalf, a personal injury attorney will.

 Matthew Powell

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How to Calculate the Worth of Your Personal Injury Claim

Posted on June 12, 2013 by Matt Powell

Matthew Powell

When someone has suffered an injury or loss at another person’s hands, there are a lot of emotions that come into play.  However, if you are the victim and hoping to collect damages to cover the costs associated with the incident, then you will have to also face some cold hard facts.  There are a lot of things that a personal injury attorney can do for you in an effort to get you the settlement or verdict that you deserve.  Included on that list is the valuation of your case.

554356_elbowThere are many websites online that will estimate what a person might expect to receive for compensation based on the part of the body that has been injured.  For instance, some charts will estimate an elbow injury’s worth at $1,500-$160,000 depending on severity or a foot at $3,000-$55,000.  As you can see, there is a lot of “wiggle” room in these estimations.  That is due to the fact that every case is different and there is a lot that goes into properly determining the value of a case.

Degree of Negligence. A big part of the equation is the degree of guilt that falls on the defendant’s shoulders.  If both parties share responsibility, then the total value of the case will be divided between the two in proportion to the perceived guilt of each party.

Measurable Loss. How much did you spend on medical care and repairs? Have you missed work as a result?  How much pay has been lost as a result?  How much will continued medical care cost?  How will your injuries impact your ability to do your job in the future?  Will you face continued loss of wages?  All of these questions will be asked, answered, and used in the calculations to come up with an exact value of the case. The responsibility for those costs may be divided between both parties depending on the degree of negligence.

Matthew Powell

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Is America Becoming Overzealous in Attempts to Stop Potential Gunmen?

Posted on June 10, 2013 by Matt Powell

Matthew Powell

Unfortunately, this country has faced a lot of tragedy in recent years.  Much of that harm has come at the hands of rebels with guns.  Whether they act on a personal, organized, or national level, the outcomes are generally devastating.  Of course, government agencies and even private organizations are taking action to prevent such situations in the future.  However, some are beginning to wonder what the cost is to ensure one’s safety. 

This question is being asked with more emphasis since the release of a couple of videos taken by average Americans facing TSA pat-downs before being allowed to fly.  Perhaps the worst and most controversial is the video of a young six-year-old facing such scrutiny.

There have been several videos published online since, which have people wondering how much is too much when it comes to protecting the public. For instance, the one below which features a young woman facing the same inspection, but with questionable touching.  She is visibly shaken when a hand climbs rather high on her inner leg during the security check.

Breast cancer survivor, Cathy Bossi believes it has definitely gone too far.  The flight attendant was preparing to fly out of Charlotte, NC when she was pulled aside for a security check and forced to show her breast prosthesis before being cleared for flight.

While TSA has every right to check members of the public before they board a plane, there are regulations as to how far they can go in their efforts to find weapons hidden on the body.  If you feel that you were assaulted by a member of a security team, speak with your personal injury lawyer.  This hot topic isn’t likely to cool any time soon.

Matthew Powell

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Whiplash? Common and Serious Neck Injuries

Posted on June 7, 2013 by Matt Powell

Matthew Powell

1380377_the_human_skeletonIn a Tampa auto accident, a driver or passenger is often subjected to a great amount of force as a vehicle moving along is suddenly and very abruptly brought to a halt.  That force can result in serious injuries and, very often, harm is done to the neck.  While seatbelts and airbags in modern vehicle can save lives, they can’t stop all injuries from occurring and the neck is highly susceptible. 

Whiplash is commonly associated with car accidents, but many people don’t understand that there are different degrees of whiplash.  Neck strain is the most common and least severe of the problems that can occur in relation to the neck.  That isn’t to suggest that it isn’t a valid complaint, because it is.  It can take a long time for neck strain to heal and the pulled muscles can be very tender for many days, weeks, or even months after the accident.

During the accident, though, when the neck is wrenched forward and back, the discs of the spine can actually slip, pinch, or may even be damaged.  Pinched nerves, for instance, can occur when a cervical nerve becomes lodged between two vertebrae.  Signals are then sent, repeatedly, to the brain reporting pain.  In other instances, bone spurs, bulging, herniated, or ruptured vertebrae can pinch nerves and cause numbness or tingling that travels into the limbs of the body.

Many of these injuries can be very serious, can require surgical repair, and may result in chronic pain that requires years of treatment.  It is important to understand that neck pain may not be present in the chaotic moments after a car accident.  Sometimes it can take hours before the pain sets in.  For that reason, it is important to seek medical attention after a serious accident, even if you don’t feel bad right away.  Also, understand the symptoms of neck injury, including pain, headaches, aching shoulders, pain in the arms or hands, as well as reduced motion, numbness, weakness, tingling, or spasms in the neck or limbs.  If you notice these symptoms in the hours or days after the accident, seek the advice of a medical professional right away.

Matthew Powell

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Depositions: How To Prepare As A Plaintiff

Posted on June 5, 2013 by Matt Powell

Matthew Powell

117007_the_hearingThe deposition is the formal statement given by a party of a lawsuit.  In many cases, it is the only time that a plaintiff has the opportunity to give his or her take on the events, without a lawyer speaking on his or her behalf.  This makes it a very important step in the case and if you hope to collect damages after a Tampa auto accident, slip and fall, or other such incident, then you will want to be properly prepared before you issue that statement.

Your attorney should take the time to properly explain the deposition process.  If he or she glosses over this, then you have not chosen the appropriate person to represent you.  Generally, clients are not familiar with many aspects of the case and you may not even have known what a deposition was.  This is why an attorney must take the time to clarify things and walk through the process with you.  Will your lawyer be with you?  Where will the deposition be given?  Who else will be in the room with you?  How is it recorded?  These are just a few of the questions that should be answered for you.

Understand that this is a very important process that can, literally, make or break a case.  It can increase your chances of being offered a very enticing settlement and the likelihood of a positive verdict should the case go to court.  Not only should you practice the question and answer process with your attorney, but you should carefully consider how you will dress for the deposition.  The more professional you look, the more respect you are likely to be given.

It is essential that your attorney walk through all the details of the case and ask any and all questions he or she expects might come up in the deposition.  It is important to know what to expect and also to have an intelligent, honest, clearly stated answer ready.  Do not exaggerate, but be forthright.  Exaggeration can make you appear untrustworthy, which is detrimental to the case.  Honesty is the best policy, so tell everything exactly as you recall it.

Matthew Powell

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Personal Injury Law: Why Would An Attorney Avoid Working With You?

Posted on June 4, 2013 by Matt Powell

Matthew Powell

1414587_a_young_man_1So, you were involved in a Tampa auto accident, a slip-and-fall, or some other negligence-related incident.  You’ve got a strong case and you deserve compensation from the liable party, so why would a personal injury attorney possibly turn you away?

There are many reasons why a lawyer will turn away cases, including an already full workload, questionable variables in the case, or personal attachment to someone involved in the predicament.  It could also be due to your temperament, unfortunately.  As with anything else in life, personalities will come into play when it comes to lawyer-client relationships.  If an attorney believes that you are likely to become angry, vengeful, rude, disrespectful, or that you come with unrealistic expectations, then he may just turn the case down.  In fact, that would be the responsible thing for the lawyer to do.  After all, you don’t want someone representing you who doesn’t fully believe in you and your case.

That being said, if you hope to build a strong relationship with your attorney, or if you are having trouble finding someone who wants to work with you on your lawsuit, then you may want to consider the first impression you are leaving on others.  If your frustration over the circumstances of the case is making you red with rage, then you may come across as a hot-head, for instance.  A person who can’t control his or her temper is a major risk in the courtroom.  Similarly, if you talk about having your revenge on the defendant excessively, speak or dress inappropriately for a law office, or are looking to become a millionaire after spending only a few hundred or thousand in medical expenses, you will not come across as an attractive client.  Unfortunately, that will hurt your chances of securing a good attorney and it will also lessen the likelihood that you walk away with a favorable verdict.

Matthew Powell

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Tampa Auto Accident: The Documentation You Will Need

Posted on May 31, 2013 by Matt Powell

Matthew Powell

825017_crash_carIf you have recently been involved in a Tampa auto accident, then you likely have a lot of questions swirling around in your head.  Many of these questions can be answered in the first meeting with a personal injury attorney.  In order to approach that meeting in a prepared manner, you might consider creating a checklist of items to bring with you.

  • Insurance Information. It’s among the first things exchanged after an auto accident, so it shouldn’t come as any surprise that your personal injury attorney will want to see your policy and the agreement laid out within it.  This will help the lawyer determine what type of coverage you may be able to collect from your own insurance company, should all else fail.  If you don’t have a copy, your attorney should be able to secure a copy from the insurance company on your behalf.
  • Information Provided By Other Party. After the accident, you should have received information from the other driver(s) involved in the crash.  You might also have a police statement and witness contact information recorded.  All of this will be very meaningful to a personal injury attorney and will allow him (or her) to better advise you.
  • Photographs. After an accident, it is always wise to take photos.  This can include pictures of the damage done to the car, of the injuries you received as a result, of the accident site immediately after the crash, of the other driver(s).
  • Medical Information. Your attorney will likely want to know what medical care you received after the crash, including the names of the doctors or specialists you have seen, the diagnoses received, etc.  Bring copies of the records and any scans you might have had done (i.e., X-rays or MRI images).
  • Records of Payment. What have you been forced to pay for since the accident?  Car repairs? Medical expenses? These costs will be used to evaluate the amount of damages sought in the case.

It is important to state that each and every personal injury attorney operates slightly differently.  There may be additional items required by your lawyer, or you may not even be asked about some of these documents at the first visit.  Nevertheless, it is wise to do your best to plan ahead, including a list of questions you have for the attorney.

Matthew Powell

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Commercial Truck Accidents: What You Should Know

Posted on May 29, 2013 by Matt Powell

Matthew Powell

232053_semi-truck_3Unfortunately, a large percentage of Tampa auto accidents that lawyers hear about involve tractor trailers.  Due to the characteristics of the large, commercial trucks, the likelihood of an accident is increased for these drivers.  That doesn’t mean that victims of the crashes are any less deserving of monetary damages needed to cover the costs of medical care, lost wages, and, all too often, funeral expenses.  Before getting to that, however, consider these facts about the largest vehicles on the road.

A “commercial truck” is simply defined as a vehicle used for the transportation of commercial goods and products.  This could include anything from boxes of produce to thousands of gallons of gasoline.  This general description includes vehicles such as eighteen-wheelers, tankers, and freight carriers, among others.

Due to the massive weight of these vehicles, they carry a lot of force behind them in an accident.  The difference in size and force between this type of vehicle and a passenger car is substantial and often leads to fatal collisions. Physics simply favors the heavier automobile and, far too often, the passenger vehicles end up as little more than crumpled metal.  That is why it is so important to drive very carefully and to be aware of the dangers when sharing the roads with commercial vehicles.  The shape of commercial trucks often makes visibility limited for the driver.  This, combined with human error and potential mechanical problems, makes commercial truck accidents not uncommon. It’s important to understand what the “No Zone” is.  This commonly used term refers to the areas close behind and beside the truck that are within the blind spots of the truck driver.  Generally, for tractor-trailer drivers, the blind spots are located at the rear quarters and directly behind the vehicle.

While efforts to remain visible to commercial truck drivers can go a long way in preventing an accident, it cannot prevent all possibilities.  When involved in a crash with a commercial truck, there will be many questions asked before negligence is assigned, so it is wise to consult a personal injury attorney as soon as victims are medically stable.

Matthew Powell

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Personal Injury Lawsuits: What To Expect When It Is Over

Posted on May 27, 2013 by Matt Powell

Matthew Powell

658889_tamerYou’ve managed to make it through months – or even years – of meetings with your lawyer, negotiations, courtroom appearances, and now you are ready to be done.  The verdict is in, but what happens next? 

There are actually a couple of things that could occur.  If all are satisfied – or have at least come to terms with – the verdict, then damages are to be paid.  Otherwise, an appeal could be filed, which could mean even more lawyers meetings, negotiations, and courtroom appearances.

Collective damages. If you are awarded damages in your case, then you might be ready to celebrate.  However, before you go too far, take a moment to speak with your attorney.  Even after you have won, there are a few things you should be aware of.  If the defendant will struggle financially to pay the fees, it could be a long time before you get you actually see any money.  Those who can afford to pay, generally do so because they just want to be done with the whole mess.  However, some individuals might make it difficult and that might mean a lot more time spent with your attorney trying to determine the defendant’s financial status. An individual’s wages can be garnished until the debt is paid and it may be possible to garnish the bank account of a business.  If a business is indebted to you, the police may be able to confiscate the funds or non-liquid assets (i.e., machinery, vehicles, etc.).  However, if the defendant files bankruptcy, you may not be able to collect anything.

Filing an appeal. If either party in the case – defendant or plaintiff – finds that there was some improper procedure that occurred during the case, an appeal could be filed.  It could be that the judgment was not deemed suitable given the evidence presented or that the judge refused some piece of testimony.  When this occurs and the appeal is granted, the process, essentially, starts over again with the pondering of evidence and so on.

Personal injury law can be frustrating, but in the end, one hopes to find justice and compensation for his losses.  That can make the whole burden bearable.

Matthew Powell

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