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Suppose you've suffered a traumatic brain injury (TBI) in a car accident, a fall, a contact sport, or any other incident. In that case, the extent of the harm may not be readily apparent, but the effects could be long-lasting or even permanent. If someone's negligent or reckless actions caused your head injury; you may have a right to seek compensation. At Daniel S. Chamberlain, P.C., I have experience representing clients in Indianapolis and throughout Indiana who've sustained TBIs. As a result, I have the background and resources to seek damages that fully account for your short- and long-term losses. I understand the complexities of these cases and will work to obtain compensation that addresses your needs now and in the future.
TBIs occur when the head violently and suddenly hits an object or when an object pierces the skull and enters the brain tissue. In open-head injuries, the skull is fractured. In closed-head injuries, the head is not fractured, but these injuries can be even more serious because the brain may swell or blood clots may form under the skull without any outward sign.
Brain injuries are an alteration of consciousness caused by an external force.
. But even when MRIs and CAT scans are normal, and the patient appears outwardly healthy, TBI victims may suffer debilitating symptoms such as these:
· Severe headache
· Confusion and difficulty remembering events
· Lightheadedness and dizziness
· Blurred vision or tired eyes
· Numbness or weakness on one side of the body
· Ringing in the ears
· Bad taste in the mouth
· Unusual tiredness
Traumatic brain injuries (TBIs) can be caused by a variety of factors, and this applies to victims in Indiana as well. Some common causes of TBIs include:
It is important to note that each TBI case is unique, and the specific cause and circumstances can vary. If a TBI occurs due to the negligence or intentional actions of another party, legal recourse may be pursued to seek compensation for medical expenses, rehabilitation, lost wages, and other damages.
If you or someone you know has suffered a TBI in Indiana, it is advisable to consult with a personal injury attorney who specializes in brain injury cases. They can assess the specifics of the situation, investigate liability, and guide you through the legal process to protect your rights and pursue appropriate compensation.
After any impact on the head, it is essential to seek medical attention immediately. Even an injury with relatively minor symptoms can have severe consequences if left untreated. And because these injuries can result in long-lasting damage that affects your ability to perform everyday activities, it is vital to retain an experienced personal injury attorney who has handled traumatic brain injury claims. When you seek the counsel of Daniel S. Chamberlain, P.C., you can count on me to represent and protect your interests against insurers whose goal is to pay you as little as possible.
Birth trauma/anoxia or hypoxic-ischemic encephalopathy is a preventable condition when a baby is born with little to no oxygen. Another cause of this preventable brain damage is to hold the delivery team, the doctors, hospitalists, and nurses responsible. The brain and its oxygen reserves dwindle and slowly die when a healthcare provider is not following an acceptable standard of care. Brain injury is preventable. There are also other related birth injuries, including shoulder dystocia, nerve impingement, and other conditions.
Birth injury anoxia and HIE (Hypoxic-Ischemic Encephalopathy) are related terms that describe medical conditions resulting from oxygen deprivation during childbirth. Here's an overview of each term:
Both birth injury anoxia and HIE are serious medical conditions that require immediate medical attention and intervention. Prompt diagnosis and appropriate medical treatment can significantly impact the long-term outcome for the affected infant.
In cases where birth injury anoxia or HIE occurs, families may seek legal recourse if they believe the injury resulted from medical negligence, such as the failure to monitor the baby's condition or timely respond to signs of distress during labor or delivery. These cases can involve complex medical and legal considerations, and consulting with a birth injury attorney who specializes in medical malpractice can provide guidance and support.
Call to get a review of how your baby may have been harmed through pre and post-natal care.
Slips, trips, and falls are the second leading cause of concussion and TBI. Also, the lack of fall prevention equipment or other hazards causes injury. Why do people fall? We fall on occasion, and many falls are preventable. Typically, a fall occurs when a building owner, landlord, or tenant ignores safety and allows dangerous conditions to exist. Simple remedies include warnings, shoveling, salt, ice melt, wheel stops, etc.
Fall cases are in the area of premises liability in personal injury law. Premises liability refers to the legal responsibility of property owners or occupiers to maintain safe conditions on their premises and prevent harm to visitors or guests.
In slip, trip, and fall cases, the injured party (plaintiff) alleges that their injury was a result of a hazardous condition on the premises, such as a wet floor, uneven surface, debris, inadequate lighting, or other dangerous conditions. The key elements in a slip, trip, and fall case typically include:
To succeed in a slip, trip, and fall case, the plaintiff needs to prove that the property owner's negligence directly caused their injuries. This often involves gathering evidence, such as photographs of the hazardous condition, witness testimonies, maintenance records, and expert opinions, to establish liability.
It's important to consult with a personal injury attorney experienced in premises liability cases if you have been injured in a slip, trip, or fall accident. They can evaluate the specific circumstances of your case, assess liability, and guide you through the legal process to seek compensation for your injuries and related damages.
If a healthcare provider fails to meet a standard of care, they may be responsible for any related injury. Medical malpractice is similar to a regular personal injury suit in that the healthcare provider fell below a reasonable standard of care. Indiana has a Medical malpractice statute requiring a medical review panel to review all claims. A medical review panel consists of three healthcare providers that practice in the same area as the defendant(s). Medical mistakes are complicated to prosecute in Indiana as a claimant will be expected to get a unanimous opinion of fault from the health care providers. In reality, those cases of the most egregious circumstances are found in favor of the plaintiff. Call us to assess your potential med mal claim.
Operators of tractor-trailer combinations, semi's, dump trucks, and other commercial motor vehicles are held to a higher standard of care than the operator of a passenger vehicle. The rules for operating commercial motor vehicles are found in the Federal Motor Vehicle Carrier Safety Regulations or FMCSR. The FMCSR have specific rules on service hours, qualifications, testing, and other regulations designed to protect the general motoring public's health, safety, and well-being. There is not a "typical" auto or commercial crash, as each is different. One of the most significant differences between the auto and commercial vehicle are the weights of the vehicles involved. When discussing vehicle weight, one must know the type of vehicle, trailer (if any), load weight, road conditions, and braking actions, among other essential variables. That is what makes each CMV crash different. Hiring an expert on tractor-trailer crashes is necessary to fully compensate for injury or death caused in transit.
When it comes to tractor-trailer crashes involving commercial motor vehicles (CMVs), such as large trucks or semi-trucks, the Federal Motor Carrier Safety Administration (FMCSA) sets forth regulations and safety rules that govern the operation of these vehicles. These rules aim to enhance the safety of drivers, passengers, and other road users. Here are some key aspects of the federal motor carrier safety rules:
These rules and regulations are intended to promote the safe operation of commercial motor vehicles and prevent accidents on the road. Non-compliance with these regulations can lead to penalties, fines, or the suspension of a carrier's operating authority.
In the event of a tractor-trailer crash, understanding and investigating compliance with federal motor carrier safety rules can be important for determining liability and establishing negligence. Consulting with an attorney experienced in trucking accidents can provide valuable guidance and assistance in pursuing a legal claim.
Nursing home litigation refers to legal actions taken against nursing homes or long-term care facilities for alleged negligence, abuse, or inadequate care provided to residents. These lawsuits can cover a range of issues, including bedsores (also known as pressure ulcers) and nutrition.
In nursing home litigation related to bedsores and nutrition, the plaintiffs (often residents or their family members) typically claim that the facility failed in its duty to provide appropriate care, resulting in harm or injury. These cases require gathering evidence, such as medical records, expert opinions, and testimony from witnesses, to establish negligence or substandard care on the part of the nursing home.
It's important to note that specific legal requirements and regulations related to nursing homes and long-term care facilities can vary by jurisdiction. If you believe a nursing home has been negligent in providing care, it is advisable to consult with a lawyer specializing in elder law or medical malpractice to understand the legal options available to you.
Sexual abuse claim are legal actions taken by individuals who have experienced sexual abuse or assault. These lawsuits typically involve a victim (plaintiff) seeking compensation for the harm they have suffered as a result of the abuse. While I can provide general information about sexual abuse lawsuits, please note that specific details and laws can vary across jurisdictions, and it's important to consult with a qualified attorney for accurate and up-to-date advice.
It is important for survivors of sexual abuse to seek professional support and consult with an attorney experienced in handling such cases.
Should you have a question about your rights and a potential recovery, please contact Indianapolis, Indiana personal injury attorney, Dan Chamberlain at 317-549-5454.