Detroit Personal Injury Lawyer - Car Accident

Childhood Traumatic Brain Injury

Daniel Buckfire — Mon, 08 Dec 2008 10:54:44 GMT

Children with traumatic brain injuries face some of the most difficult challenges a parent or teacher is likely to encounter. Unfortunately, thousands of children suffer traumatic brain injuries each year. The most common causes of traumatic brain injuries among children include car accidents, sport- and play-related injuries, fights or assaults, and falls. If a child’s traumatic brain injury is caused intentionally or through the negligence of another person, the parent can normally file a lawsuit to get compensation for the damages the child has suffered.

In the educational context, childhood traumatic brain injury has been defined by regulations promulgated pursuant to the Individuals with Disabilities Education Act. This law aims at providing equal access to education for children with disabilities. The regulations, codified at 34 C.F.R. § 300.8(c)(12) define “traumatic brain injury” as follows:

Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Property Damage Claims | Michigan Car Accident Lawyer

Daniel Buckfire — Thu, 23 Oct 2008 12:38:00 GMT

The Michigan car accident lawyers at my law firm are often asked about car repairs and how to submit an insurance claim for property damage following a car accident. Generally, your own insurance company pays for repairs to your car through Collision Insurance.

Drivers are not required to purchase a collision insurance policy by the Michigan No Fault Act. This makes collision insurance different from the basic No Fault Insurance policy that IS required by the Act. Even though the law does not require a driver to buy collision insurance, it is still usually a good idea to purchase a policy if you can afford one. The reason is that if you do not have collision insurance, you will have to pay for the repairs to your car even if you were not at fault in the accident. If you were not at fault, you may be able to collect $500.00 from the negligent driver in a “mini-tort claim,” but this is the most you will be able to collect. If you were at fault, you will not be able to collect anything.

If you do have collision insurance, your insurance company will pay for your car repairs. There are three forms of collision insurance and the type of policy you buy determines what exactly your insurance company will pay.

Limited Collision Coverage: Your insurance company pays for the repairs in an accident that was less than 50% your fault, but you have to pay the deductible. In an accident that is more than 50% your fault, the insurance company pays nothing and you have to pay the full cost of repairs unless you win a $500 mini-tort claim against the other driver.
Standard Collision Coverage: Your insurance company pays for the repairs and it does not matter whose fault the accident was. You still have to pay the deductible.
Broad Collision Coverage: Your insurance company pays for the repairs regardless of who was at fault. You have to pay the deductible if you were more than 50% at fault, but you do not have to pay the deductible if you were less than 50% at fault.

So far, we have been talking about repairs to your car, but what if the other car is damaged?

First, DO NOT offer to pay for repairs to the other person’s car, even if you believe you were at fault. Such a statement is admissible in court if the other person files a lawsuit, and you may be liable for significantly more money than the law would require you to pay. Also, most accidents happen so fast, it is often impossible for one driver to determine accurately who was at fault. The best way to determine fault is to have both sides tell their stories and to use evidence from the police report, accident reconstruction experts, and witnesses who were not involved in the accident themselves.

Next, KNOW YOUR RIGHTS under the law. If you have insurance for your car, the most you will have to pay for repairs to the other car is the deductible for the other car. The maximum amount is $500.00. If the other car is uninsured, the other driver may elect to pursue a mini-tort claim against you, and the most you would have to pay is $500.00, even if the total costs of repair are much higher. Moreover, many times your own insurance company will pay the deductible or the mini-tort award.

The best thing to do is consult with an experienced Michigan car accident attorney to determine exactly what type of coverage you have and who has to pay for what in an accident. You should also contact your car insurance agent to evaluate whether the type of insurance policy you have is best suited to your needs.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Pediatric Brain Injury Lawyer | Detroit Child Head Injury Lawyer

Daniel Buckfire — Wed, 22 Oct 2008 10:47:33 GMT

A pediatric brain injury occurs when a child suffers a head injury that causes damage to the brain. Such an injury can be caused by car accidents, motorcycle accidents, bicycle accidents, bus accidents, slip and fall accidents, and other accidents. Brain injuries can also occur at birth if an infant’s oxygen supply is cut off. Each of these situations can severely affect a child’s future and may give rise to a lawsuit for damages to compensate parents for the extra expense of caring for a child with a pediatric brain injury and to compensate the child for a lifetime of decreased earnings. Depending on the severity of the injury, the amount of damages can be significant.

Pediatric brain injuries are often associated with the following symptoms:

Motor skill deficiencies and disabilities
Short attention span or difficulty concentrating
Memory loss or impairment
Difficultly learning new information
Limited ability to follow patterns and sequences
Impulsive behavior and lack of self-control

If a child is involved in any accident that could result in a brain injury, it is important to seek medical attention at once. Because there are often no external signs that a brain injury has occurred, failure to get immediate medical attention often delays diagnosis until well after the injury has occurred. In such circumstances, the diagnosis is typically made only after the child has already failed to reach developmental milestones. This usually increases the costs and hardships of treating the brain injury but can be avoided with prompt medical attention.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers | Spinal Cord Injury

Daniel Buckfire — Tue, 21 Oct 2008 17:05:14 GMT

I recently read about a woman paralyzed from spinal cord injuries she received in a car accident. Although she has spent the last seven years since the accident unable to walk, she recently underwent experimental surgery in Portugal and has begun a new rehabilitation regiment featuring increased weight bearing exercises. After a lot of training and failures, the Detroit Free Press reports she has begun feeling sensation in her lower limbs for the first time since the accident. Although it is clear that these results are not typical, the story provides hope and an example for the thousands of people who suffer from spinal cord injuries each year.

The article also discusses some aspects of how the Michigan No Fault Act provides support for rehab efforts by covering the cost of all medical expenses, even those far removed from the initial treatment or hospital stay. From the article:

Another obstacle is health insurance. Most plans typically don't cover intense therapy programs. But a person injured in an auto accident, such as Nader, in a no-fault state like Michigan, can get coverage funded through a state system.

Even then, a person's coverage may be dropped if an insurer decides progress hasn't been made and documented.

Selecting an experienced Michigan car accident attorney to handle your No Fault claims and your auto negligence claims can help you get full coverage for rehab programs so you can resume your normal life.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers | October Most Dangerous Month for Teen Car Accidents

Daniel Buckfire — Sun, 12 Oct 2008 15:13:00 GMT

October is the most dangerous month for teen drivers to get in a Michigan car accident. A recent report suggests drivers ages 16 and 17 are 20% more likely to get in a car accident in October than any other month of the year. Among all drivers, October has historically seen a 25% spike in the number of car accidents reported. The report credits rainy weather, earlier sunsets and corresponding longer nights, and more deer-related car accidents with causing the surge in car accidents. All drivers should take extra time this month to adjust to changing conditions on the road. Older drivers especially should set a good example for teen age drivers by keeping a careful lookout, paying attention while driving, and avoiding things like talking on the cell phone.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers| Child Booster Seats

Daniel Buckfire — Thu, 02 Oct 2008 14:10:00 GMT

A recent study by the Insurance Institute for Highway Safety has concluded many child booster seats do not do a good job protecting children. Car booster seats have only one function: to elevate children so that seat belts designed for adults can safely restrain the children using the seats during a car accident. A poorly functioning booster seat can greatly increase the chance of injury during a crash.

When evaluating the booster seats, the Insurance Institute focused on the placement of the seat belt on the child’s body. A good booster seat positions the lap belt on the child’s upper thighs. This allows the pelvis to absorb the impact of a car accident. The worst booster seats left the lap belt partially or even fully on the child’s abdomen. This increases the chance of injury since the soft abdomen is what absorbs the impact of a crash. Similarly, the best booster seats elevate the child so that the shoulder strap is positioned at mid-shoulder. This allows the bones of the arm, chest, and shoulder absorb the impact. Perhaps more importantly, this position also decreases the chance of chafing at the neck, which could cause a child to put the shoulder strap behind his back or under his arm.

It is important to examine how your child sits in his or her booster seat and I would encourage every parent who reads this to check often as their child grows. Even though Michigan No Fault benefits cover victims of car accidents even if they are children, proper use of safety measures like seat belts and booster seats can minimize or even prevent injuries if a car accident does happen.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers| Deer Accidents

Daniel Buckfire — Wed, 01 Oct 2008 11:08:36 GMT

October and November are the two highest months for car-deer accidents. There are well over 60,000 such accidents each year in Michigan, costing at least $130 million annually. That averages about $2100 per vehicle. In 2007, 11 people were killed and 1614 people were injured.

To avoid damages from striking a deer, drivers can:

· Drive cautiously and slowly in peak months especially between dusk and dawn when most accidents occur

· Do not swerve into other lanes of traffic or off the road if you are about to hit a deer

· Brake firmly and keep both hands on the wheel

· Guide the vehicle to a controlled stop and then steer off the road

If you are injured after hitting a deer, Michigan No Fault benefits will cover your medical expenses, lost wages, and provide you with other benefits just like the policy would for any other car accident.

Originally posted at InjuryBoard by Daniel Buckfire

Traumatic Brain Injury and Delinquency

Daniel Buckfire — Tue, 30 Sep 2008 09:57:00 GMT

Traumatic brain injuries are associated with delinquent behavior. According to a new study by the University of Michigan, nearly one out of five delinquent youths suffer from a traumatic brain injury. The study focused on young people ages 11 to 20 and found those with traumatic brain injuries had a significantly earlier onset of criminal and substance-using behavior, more lifetime substance abuse problems, and suicidal tendencies than youths without traumatic brain injuries.

The study defined traumatic brain injury as a head injury causing 20 minutes or more of unconsciousness. The study did not assess post-injury treatment or severity of the initial injury. However, it is well known that lack of treatment can only make the problems normally associated with a traumatic head injury worse.

Originally posted at InjuryBoard by Daniel Buckfire

Picking a Brain Injury Lawyer

Daniel Buckfire — Wed, 24 Sep 2008 11:59:00 GMT

Many people think that a brain injury could never happen to them or a loved one. But, did you know that brain injuries occur in nearly 75% of accidents that involve bodily injury? Brain injuries are an extremely common result of motor vehicle accidents, assaults, sports injuries, slip and fall accidents, and other accidents.

If you or a loved one is ever in a serious car accident or receives some kind of blow to the head, the first thing you should do is seek medical treatment immediately. Mild brain injuries are often difficult for lay people to detect, but left undiagnosed they can cause severe long-term problems such as headaches, memory loss, and even personality changes. Such injuries can result in job loss, family strife, and significantly increased medical expenses later in life.

Many times, the negligence of another person causes traumatic brain injury. When this is the case, the injured person or his or her family will usually have a claim against that person for their brain injury. Not all lawyers are equally qualified to handle your brain injury case, and you will want to make sure your brain injury lawyer knows the technicalities of the law. Failing to select the best lawyer could cost you benefits and reduce your chances of obtaining a favorable settlement.

When picking a brain injury lawyer, you will want to ask him or her the following questions to help you determine whether the lawyer has the knowledge and experience necessary to fight for you.

Have you handled brain injury cases before?
What percentage of your law practice is devoted to representing injured people?
Do you know about different types of brain injuries?
Do you know what long-term health problems face someone with a brain injury?
Do you regularly represent clients against insurance company lawyers?
What kinds of settlements and jury verdicts have you obtained in similar brain injury cases?
Do you have a website with more information about brain injuries and the brain injury cases your law firm has handled?
What relationships with doctors, nurses, and brain injury associations do you have?

Originally posted at InjuryBoard by Daniel Buckfire

Traumatic Brain Injury Damages

Daniel Buckfire — Tue, 23 Sep 2008 12:00:00 GMT

Experienced brain injury lawyers that the client’s traumatic brain injury case is not over once they prove the client has suffered a traumatic brain injury. Proving the extent of the damages the client has suffered is a vital element in any traumatic brain injury case.

The brain injury lawyers at Buckfire and Buckfire, P.C. have won substantial amounts for our clients from both jury verdicts and settlements. Traumatic brain injury cases present some of the most difficult and complicated damages, because the brain is itself a complex organ that is not fully understood. The full extent of damages might be slow in developing, and yet, there are often immediately noticeable changes in personality and mood.

Michigan brain injury lawyers understand that these changes in personality affect marriages, families, and friendships. Traumatic brain injury patients are often unable to return to work and suffer a significant impairment of earnings and earning potential.

Damages in traumatic brain injury cases are often substantial, because they seek to compensate the injured person for the tremendous cost for their care and rehabilitation as well as, quite often, a lifetime of decreased earnings. Accident victims who have suffered traumatic brain injuries generally can collect the following traumatic brain injury damages:

Medical expenses including all hospital and doctors’ bills
Pain and suffering, including future pain and suffering
Loss of enjoyment of life
Reasonable value for loss of time and earning capacity
Poor health or disability caused by the traumatic brain injury
Aggravation of a pre-existing injury caused by the traumatic brain injury

There are many excellent support groups for traumatic brain injury patients in their families throughout the United States that promote treatment, prevention, and education. Most states have strong local chapters of the national associations, including a Michigan chapter.

Originally posted at InjuryBoard by Daniel Buckfire