The post How to Prove a Misdiagnosis appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>Knowing how to prove that a misdiagnosis occurred can help victims of negligence seek justice for their injuries and can guide them on the path toward financial recovery. In this blog, we will explore the essential steps and considerations in proving a medical misdiagnosis, helping you to build a strong foundation for your claim.
If you have suffered as a result of an incorrect, missed, or delayed diagnosis, you may be able to file suit against the negligent medical professional who failed to diagnose you correctly. The Michigan medical misdiagnosis attorneys at Lipton Law are here to help ensure you receive the legal representation you deserve.
Call us at (248) 557-1688 to schedule a free consultation with a member of our team regarding your misdiagnosis case.
A medical misdiagnosis occurs when a healthcare professional inaccurately assesses a patient’s condition. This is done by either diagnosing them with a disease or condition that they do not have, or by failing to diagnose a condition that is present. This kind of diagnostic error can lead to incorrect or delayed treatment, potentially worsening the patient’s health and putting their life at risk.
There are a few main kinds of misdiagnosis cases that patients may suffer from as a result of a negligent healthcare provider. If you or a loved one has suffered harm as a result of any of the below kinds of misdiagnosis cases, you may have grounds for a misdiagnosis lawsuit.
A delayed diagnosis occurs when there is an unreasonable delay in diagnosing a medical condition. When a medical professional fails to diagnose the condition in a timely manner, they also cause the patient to suffer from delayed treatment. This could cause the condition to progress, which may reduce the effectiveness of proper treatment or lead to more serious health consequences, especially in the case of something like a delayed cancer diagnosis.
Failure to diagnose is when a medical professional completely misses the presence of a condition, leading to no treatment being administered. A missed diagnosis can occur due to not recognizing the signs and symptoms, failing to order appropriate tests, or not properly evaluating the patient’s medical history. A doctor’s failure to correctly diagnose the condition can cause it to worsen, sometimes leading to irreversible damage or even fatality.
An incorrect diagnosis is when a doctor diagnoses a person with the wrong condition entirely. A wrong diagnosis can not only cause the patient’s medical condition to go untreated, it can cause the patient to undergo unnecessary treatment for a condition that they do not have.
So, can you sue a doctor for misdiagnosis? In order to sue for misdiagnosis, the victim has to prove that medical negligence occurred, which can be difficult. First, they have to prove that a doctor-patient relationship existed, which would create a duty of care.
From there, they have to show that their doctor deviated from the accepted standard of care they are required to provide. This is often proven through expert testimonies, where a competent doctor in a similar field testifies that, under similar circumstances, they themselves would not have made the same diagnostic error.
Additionally, there must be clear evidence that the misdiagnosis directly led to harm or worsened the patient’s condition. Successfully proving a misdiagnosis hinges on the ability to clearly link the doctor’s error to the patient’s harm. Documentation such as medical records, test results, and expert opinions are crucial in substantiating these claims.
If you are able to prove all of the above elements, you may be able to receive compensation for your losses in a medical malpractice claim. A Michigan malpractice law firm like Lipton Law can help ensure that you are able to prove misdiagnosis occurred, as well as provide you with the guidance you need to navigate through the legal process.
Call us at (248) 557-1688 to schedule a free initial case evaluation with an attorney on our team.
If a doctor fails to diagnose you with the correct condition, there are a number of steps you should take to minimize the effects of the error. Below are the steps you should take if you think you have been misdiagnosed.
If you suspect you were diagnosed with the wrong medical condition, the first step is to seek a second opinion from another medical professional. This can help confirm or refute the original diagnosis and provide clarity on your medical condition.
Be sure to share all relevant medical history, symptoms, and test results with the new healthcare provider to aid in an accurate assessment.
After you have a correct diagnosis, start collecting all pertinent medical records, including test results, prescription information, medical bills, and notes from doctor’s visits. Document any symptoms and unnecessary treatments you went through and their effects on your health.
Keep a detailed record of how this medical error has impacted your life, including any physical, emotional, or financial consequences. This can seriously aid you in a future medical malpractice case.
Consult with a Michigan medical malpractice lawyer. They can help you understand your legal rights and options and can evaluate the strength of your misdiagnosis claim. They’ll also guide you through the legal process and assist you in gathering further evidence, such as expert medical opinions.
Determining whether or not a doctor or other medical provider was negligent when diagnosing their patient can be very difficult. Additionally, not all diagnostic errors are the result of medical negligence. It’s important that anyone who suspects that they have received a delayed diagnosis, missed diagnosis, or a wrong diagnosis contact an experienced legal professional regarding their case.
Doctors can make a number of different diagnostic errors while treating their patients. Doctors may be unable to provide their patient with a correct diagnosis due to:
Healthcare providers have a duty to serve their patients and provide them with a certain level of care. When they fail to provide their patients with that care by ignoring or failing to recognize complications, they can seriously harm their patients or even put their lives at risk.
If your doctor failed to provide you with an accurate diagnosis and appropriate treatment, you may be able to recover compensation for your losses in a medical misdiagnosis case. The dedicated attorneys at Lipton Law are committed to helping victims of medical malpractice seek justice against negligent medical staff, ensuring that victims see compensation for the damages they’ve suffered
Call us at (248) 557-1688 or contact us online to schedule a free consultation with one of our experienced attorneys.
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]]>The post Slip and Fall Settlements With Surgery appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>At Lipton Law, we understand the physical, emotional, and financial toll these accidents can take on individuals and their families. Our Southfield slip and fall attorneys will do everything possible to ensure clients receive fair compensation for their medical expenses, lost wages, and pain and suffering.
If you or a loved one has suffered a slip and fall accident that led to surgery, you don’t have to navigate this challenging journey alone. To schedule a consultation with a Southfield slip and fall lawyer, call (248) 557-1688.
Slip and fall incidents occur when an individual trips, slips, or falls due to dangerous conditions on another person’s property. They can occur both inside and outside, frequently resulting from slippery floors, irregular surfaces, inadequate lighting, or obstructions in pathways.
Although some slip and fall incidents might only cause minor injuries, others can have more severe outcomes, such as fractures, head trauma, or, in some cases, the necessity for surgical intervention.
Slip and fall accidents can happen everywhere, from slippery surfaces in grocery stores to uneven sidewalks in public spaces. Below, we’ll explain the most common causes of slip and falls.
Slippery or wet flooring can occur in supermarkets, restaurants, and office buildings where spills, cleaning, or weather-related moisture can create hazardous conditions. Wet floors, if not quickly addressed with warning signage or barriers, can lead to unexpected slips, causing severe injuries like fractures, sprains, or even head trauma. The responsibility to maintain safe walking surfaces typically falls on the property owners or managers, who must ensure that any potential risks are eliminated or clearly marked to prevent such accidents.
Fallen items commonly occur in retail stores, warehouses, and public spaces, where merchandise, equipment, or debris can fall or be left in areas frequented by pedestrians. These obstacles can easily go unnoticed, especially in crowded or poorly lit environments, leading to tripping incidents with potentially serious consequences such as ankle sprains, knee injuries, or more severe trauma.
Dimly lit hallways, staircases, parking lots, and other areas can significantly increase the risk of falls. Poor visibility makes it difficult to spot potential hazards like uneven surfaces, steps, or obstacles. This issue is particularly relevant in public buildings, apartment complexes, and commercial properties, where insufficient lighting can conceal risks and lead to serious injuries such as broken bones or head injuries. Property owners are responsible for ensuring adequate lighting in all areas to safeguard the well-being of visitors and occupants.
Water, snow, and ice are major contributors to outdoor slip and fall accidents, especially in Southfield. These elements can create slick surfaces on sidewalks, parking lots, and entryways, posing significant risks for pedestrians. Accumulated snow can conceal ice patches or uneven surfaces, while melting ice and snow can lead to puddles of water, further increasing the likelihood of falls. Property owners and managers are responsible for timely and effective snow and ice removal and ensuring proper drainage to mitigate water accumulation.
Broken, cracked, or torn flooring presents a significant hazard in slip and fall accidents. These issues can arise in various settings, including commercial buildings, public spaces, and residential properties. Cracks or uneven surfaces in flooring, torn carpets, or loose tiles can easily go unnoticed but pose a serious risk of tripping, leading to falls that might result in sprains, fractures, or more severe injuries.
Slip and fall settlements with surgery often entail complex and significant personal injury claims due to the severity of the injuries and the extensive medical treatment required. When a slip and fall accident causes injuries that require surgical intervention, the financial, physical, and emotional burdens on the victim can be substantial.
Settlements in these cases must account not only for immediate medical expenses and surgical costs but also for long-term rehabilitation, lost wages, and potential future medical needs. Pain and suffering, along with any lasting disability or reduction in quality of life, are also critical factors in determining the settlement amount.
Surgery can increase the settlement amount in a slip and fall lawsuit, primarily due to the severity and long-term implications of the injury. When surgical intervention is required, it indicates a more serious injury, which often leads to increased medical expenses, longer recovery periods, and potentially greater pain and suffering. These factors are crucial in calculating settlements, as they significantly affect the victim’s life.
Surgery may lead to future medical needs, such as rehabilitation or further surgical procedures, which must be accounted for in the settlement. Your Southfield slip and fall attorneys will effectively argue these points, highlighting the severity of the injury and its impact on the victim’s life, justifying a higher compensation amount.
Various factors in slip and fall settlements are pivotal in determining the compensation awarded. These factors range from the severity of the injuries sustained and the associated medical costs, including any surgeries or long-term care, to the impact on the victim’s ability to work and earn a living. The degree of negligence on the property owner’s part, the clarity of liability, and even the jurisdiction in which the accident occurred can significantly influence settlement outcomes.
The nature and extent of medical treatment received following a slip and fall accident are critical factors in determining settlement amounts. These treatments can range from emergency care and hospitalization to physical therapy and long-term rehabilitation. The more extensive and prolonged the treatment, the higher the medical expenses, influencing the settlement value.
In cases where ongoing treatment or future medical interventions are required, these potential costs are also considered. The type of treatment, such as whether surgery was necessary, can indicate the severity of the injury, impacting the compensation.
Documentation of all medical treatments, including detailed records from healthcare providers, is essential in substantiating the claim and ensuring that the settlement reflects the full scope of the medical care required due to the accident.
The severity of a slip and fall injury is another factor considered when determining the victim’s settlement amount. More serious injuries typically result in higher settlements due to increased medical expenses, longer recovery periods, and greater impact on the victim’s daily life. Injuries that require surgery, lead to permanent disability, or cause chronic pain are often viewed as more severe and can significantly elevate the potential settlement value.
The extent of the injury also affects non-economic damages like pain and suffering or loss of quality of life, which are also calculated when determining compensation. Documenting the full extent of the injury, often through medical reports and expert testimony, is crucial in illustrating its severity and ensuring that the slip and fall settlement adequately compensates for the hardships and limitations imposed by the injury.
The impact of a slip and fall injury on the victim’s life and overall health is also important when calculating the settlement amount. This not only includes the immediate physical injuries but also the long-term effects on the victim’s overall well-being, lifestyle, and ability to engage in daily activities. For instance, an injury leading to chronic pain, reduced mobility, or the inability to perform certain tasks can drastically alter a person’s quality of life.
In addition to the physical impact that slip and fall injuries can have, it’s also important to consider the psychological impact, which can lead to emotional distress, anxiety, or depression. The effect on the victim’s ability to work, including potential loss of earnings and future earning capacity, is also a significant factor.
To maximize your slip and fall settlement, taking comprehensive and strategic steps is crucial.
Your Southfield slip and fall attorney will help you understand the full scope of your claim, including future medical expenses and non-economic damages like pain and suffering, to ensure you receive a settlement that reflects your losses and injuries.
Slip and fall settlements without surgery can still result in significant compensation, depending on the circumstances and severity of the injuries. Even without surgery, victims may suffer from sprains, fractures, concussions, or soft tissue injuries that require medical treatment, physical therapy, and potentially long recovery periods.
A slip and fall case will consider the direct medical costs, the impact on the victim’s daily life, including time off work and any lasting disabilities or pain. The absence of surgery doesn’t diminish the validity or seriousness of the injury, and settlements in these cases can still address the full spectrum of the victim’s suffering and financial losses.
One of our slip and fall attorneys from Lipton Law can help accurately value your claim, ensuring that the settlement accounts for all the physical, emotional, and financial repercussions of the accident. Just because your injury did not require surgery does not mean you aren’t entitled to compensation.
Slip and fall settlements are negotiated through a process that involves several key steps. First, your Southfield personal injury attorney from Lipton Law will gather and present evidence to establish liability and the extent of the injury, including medical records, witness statements, and documentation of expenses and lost wages.
Your attorney then calculates a fair settlement amount, taking into account medical costs, future medical needs, lost income, and pain and suffering. This figure forms the basis of a demand letter sent to the responsible party’s insurance company or legal representative.
Negotiations then commence, often involving back-and-forth discussions where both parties present their arguments and counteroffers. Throughout this process, your Southfield personal injury attorney is crucial in advocating for your rights and interests, aiming to reach a settlement that adequately compensates for your losses and suffering. If an agreement can’t be reached through negotiation, the slip and fall case can go to trial.
In Michigan, there is no limit to the amount of damages you can recover for a slip and fall injury, which allows victims the ability to request compensation without limitations.
If you’ve been injured in a slip and fall accident in Michigan, it’s essential to seek legal guidance. Contacting a Michigan personal injury lawyer at Lipton Law today can be critical to protecting your rights and securing fair compensation.
The experienced attorneys at Lipton Law specialize in personal injury cases, offering expert legal advice and representation tailored to the circumstances of your case. They understand the complexities of Michigan’s laws regarding slip and fall accidents and will advocate on your behalf.
To discuss your slip and fall case with one of our experienced attorneys, call Lipton Law at (248) 557-1688 or complete the online intake form today.
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]]>The post Jody and Marc Lipton Named Top Lawyers in Personal Injury for 2024 by DBusiness Magazine appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>The Top Lawyers award is a testament to the dedication, expertise, and outstanding service that Jody and Marc Lipton consistently provide to their clients. What makes this recognition particularly special is how the winners are chosen. The accolade is not determined by a panel of judges, but rather through an extensive and meticulous online peer-review survey. This survey is circulated among certified lawyers within the metro Detroit area, showcasing the regard and respect of their peers in the legal community.
Jody and Marc’s relentless commitment to excellence in the field of Personal Injury law has set them apart. Their approach is marked by a deep understanding of their clients’ needs, coupled with an unwavering determination to secure the best possible outcomes for them. Their track record in successfully advocating for those who have suffered injuries due to the negligence of others speaks volumes about their legal prowess and compassion for those they represent.
Lipton Law remains a beacon of integrity and proficiency in the legal arena. Their personalized attention to each case, coupled with a thorough understanding of the complexities of Personal Injury law, has earned them the trust and admiration of their clients and peers alike.
Receiving the Top Lawyers Award for Personal Injury in 2024 is a testament to Jody and Marc’s unwavering commitment to their profession and their relentless pursuit of justice for their clients. This accolade not only acknowledges their exemplary legal skills but also reaffirms their position as leaders in the field of Personal Injury law within the metro Detroit area.
As Jody and Marc continue to make a positive impact in the lives of those they represent, this well-deserved recognition serves as a reminder of their dedication, expertise, and unwavering commitment to serving their clients with the highest standards of legal representation. Congratulations to Jody and Marc on this remarkable achievement!
If you live in the metro Detroit area and are in need of legal assistance for your personal injury case, look no further than Lipton Law. Our Southfield personal injury lawyers have years of experience advocating for clients and their rights to just compensation after an accident. To schedule your free consultation with us, please call our office at 248-557-1688 today.
The post Jody and Marc Lipton Named Top Lawyers in Personal Injury for 2024 by DBusiness Magazine appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>The post Slip and Fall Settlements Without Surgery appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>In this article, the Southfield slip and fall attorneys will explain what slip and fall settlements without surgery look like. Whether you’re struggling with minor injuries or facing long-term rehabilitation, understanding the nuances of these settlements is crucial in achieving the compensation you deserve.
If you or a loved one have been injured in a slip and fall accident, contact Lipton Law today at (248) 557-1688 to meet with one of our experienced Michigan premises liability attorneys.
A slip-and-fall accident happens when a person falls due to a dangerous condition on someone else’s property. This includes wet floors without proper signage, uneven sidewalks, loose or torn carpeting, or other conditions that present unexpected risks. Each year, slip and fall accidents account for over 8 million hospital emergency room visits, according to data from the National Floor Safety Institute.
It’s up to the property owner to know of any potential hazards and to fix them in a timely manner to keep their property safe. If the property owner doesn’t repair the problem or to warn others, visitors could slip and fall.
Premises liability is a type of personal injury claim where an injury was caused by an unsafe condition on someone’s property. Property owners are legally obligated to maintain a reasonably safe environment for visitors. Suppose they neglect this responsibility, and someone is injured. The injured party may have grounds for a claim to recover compensation.
In addition to slip and fall accidents, the Southfield personal injury attorneys represent the following premises liability cases:
Slip and fall accident injuries can often have serious and life-altering consequences. Since slip and fall victims are usually caught off guard, they have little time to brace for impact, which can lead to catastrophic injuries to the head, neck, and spine. Suppose a person tries to catch themselves or avoid an accident. This can also lead to serious injuries like broken or fractured bones.
No matter how serious your slip and fall injury is, it’s important to meet with a Southfield slip and fall attorney to discuss your legal options. When slip and fall victims are injured due to another’s negligence, they should not be on the hook for their medical bills and other expenses related to their injuries. At Lipton Law, you can trust that your slip and fall injury attorney will work to recover compensation for your injuries, whether negotiating with the insurance company on your behalf or taking the premises liability claim to court.
Traumatic brain injuries (TBIs) are a devastating result of slip and fall accidents. This sudden and uncontrollable descent can cause the head to forcefully impact the floor or hard surface. Even a minor fall can jolt the brain within the skull, causing a concussion or more severe brain damage.
The repercussions of traumatic brain injuries from slip and falls include long-term cognitive deficits and physical disabilities. These injuries typically require extensive medical treatments and long-term care, resulting in financial hardships due to medical bills and lost wages.
Slip and fall accidents often lead to mild to severe back and neck pain. These injuries can result in mild muscle strains to severe ailments like herniated discs, vertebral fractures, or even spinal cord damage.
The sudden twist or compression of the spine during a fall can lead to chronic pain and discomfort, significantly restricting mobility and daily activities. In severe cases, these accidents can cause partial or complete paralysis.
Fractures are common slip and fall injuries due to the force exerted on bones during the fall, causing them to break or shatter. The wrists, hips, and ankles are particularly vulnerable, especially in the elderly, whose bones may be more fragile.
Slip and fall settlement amounts will vary depending on the circumstances of your case. Factors like the extent of your injury, pre-existing medical conditions, and the long-term consequences of the injury can impact your slip and fall settlement amount.
At Lipton Law, your slip and fall lawyer will seek compensation for the following economic damages:
In addition to economic damages, the attorneys at Lipton Law will also seek compensation for non-economic damages. Since these damages are considered intangible losses, they can be harder to recover. However, you can trust that your Southfield slip and fall attorney will do whatever it takes to ensure you receive fair compensation for non-economic damages. These damages include:
Whether you need surgery after a slip and fall accident depends entirely on the nature and severity of your injuries. Some slip and fall injuries can heal over time with treatments like rest, ice, compression, and elevation (RICE), along with physical therapy and medication. However, other injuries may be more severe and require surgery to heal properly.
Following your slip and fall accident, it’s important to seek medical treatment even if you don’t think your injury is serious. Your healthcare provider will conduct a series of tests to understand the severity of the slip and fall injury and if it will require surgery. The most common slip and fall injuries that typically require surgery are:
Even minor slip and fall injuries can result in medical bills and treatments in order to fully heal. This is why seeing a doctor following a slip and fall accident is important, especially if you want to file a lawsuit. The medical records documenting your injuries and the required treatments or surgical procedures can strengthen your premises liability claim.
Slip and fall settlements with surgery may not always result in a higher settlement amount. Slip and fall victims who are not responsible for their injuries can expect full compensation for damages, like lost wages and medical bills.
Since Michigan is a comparative negligence state, there is a possibility that the defense can prove the slip and fall victim is partly responsible for their injuries. The percentage that the victim is found to be at fault will affect their slip and fall settlement amount. For example, if the injured person is determined to be 20% at fault for their injuries, their slip and fall settlement will be reduced by 20%.
It’s also important to note that expensive medical bills do not equal high slip and fall settlements. Instead, the slip and fall settlement amount will largely be influenced by the amount of pain and suffering the victim experienced during and after the surgical procedure. So, when surgeries are particularly complicated or invasive, it could mean higher slip and fall settlements.
Not all slip and fall accident injuries need surgery, but that doesn’t mean that you aren’t able to pursue legal action against the property manager or owner at fault. Say a person slips and falls in a grocery store because the manager failed to put up a caution sign warning about the wet floor.
If that person hits their head on a shelf, resulting in a mild concussion, their doctor may require that they take off work to heal from their injuries. While this head injury is less severe than a TBI with internal brain bleeding, it still requires medical testing, like CT scans and X-rays, and also has caused the person to miss work and lose wages.
The average slip and fall settlements recovered in cases where the victim didn’t require surgery can range from $10,000 in damages to $50,000 depending on other circumstances surrounding the accident and injuries.
Slip and fall settlements without surgery are just as important as those that require surgery because the injured person suffered because of another’s negligent actions. Whether your slip and fall injury needed surgery or not, the premises liability attorneys at Lipton Law will do whatever it takes to recover a fair settlement and ensure those responsible are held accountable.
A slip and fall settlement will be much quicker if both parties can settle outside court. If the premises liability claim goes to trial, it can take much longer to receive compensation for damages.
At Lipton Law, our slip and fall attorneys know how much compensation clients deserve for their injuries and will stop at nothing to recover that amount. You can trust that your legal team won’t back down from a fight and will take the case to trial if necessary. While it may take longer to receive compensation, victims are more likely to recover the maximum amount they deserve.
Hiring an experienced personal injury attorney from Lipton Law is in your best interest after a slip and fall. These claims can be especially challenging when the responsible party is represented by large corporate attorneys. They will do anything to avoid paying a settlement.
The legal team at Lipton Law is well-versed in personal injury law. We can establish liability, evaluate the extent of your claim, and negotiate with the insurance company on your behalf.
If you’ve been hurt following a slip and fall accident, choosing a law firm in Southfield, like Lipton Law, can make a significant difference in the outcome of your case.
With Lipton Law, you gain an advocate committed to your best interests and who will tirelessly work to ensure that your rights are protected every step of the way. Take the first step towards safeguarding your future and contact Lipton Law to schedule a free consultation by calling (248) 557-1688.
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]]>The post 10 Stages of Traumatic Brain Injury Recovery appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>The recovery from TBI is often described as a progression through various stages, each with its unique challenges and milestones. In our latest blog, the Southfield traumatic brain injury attorneys explain the ten critical stages of recovery and provide insight into the patient’s journey. By understanding these stages, our legal team is better equipped to advocate for our clients’ needs, ensuring they receive proper care and compensation.
If you or a loved one sustained a brain injury in an accident caused by another’s negligence, the personal injury attorneys at Lipton Law are ready to advocate for you. To learn more about your legal options, schedule a free consultation by calling 248-557-1688 today.
A traumatic brain injury is a type of acquired brain injury (ABI) that occurs when a sudden trauma causes damage to the brain. This type of head injury can result from a violent blow or jolt to the head or body, or an object penetrating the skull, disrupting the normal function of the brain.
The severity of a TBI can vary, from a mild traumatic brain injury to severe cases, which can result in bruising, torn tissues, bleeding, and other physical damage to the brain, resulting in long-term complications or death. Even a moderate traumatic brain injury, like a concussion, can have serious side effects and even develop into a severe TBI.
Traumatic brain injuries can lead to a wide range of physical, cognitive, emotional, and behavioral effects. Depending on the severity of the head injury, a victim could face various outcomes, from complete recovery to permanent disability or even death.
The impact of a TBI can extend beyond the physical injury, affecting a person’s lifestyle, employment, relationships, and ability to perform daily activities.
A severe traumatic brain injury can show a wide array of symptoms. Some symptoms may be evident in the early stages or develop over time as the injury progresses. Physical symptoms often include loss of consciousness, persistent headache or headache that worsens, repeated vomiting or nausea, seizures or convulsions, dilation of one or both pupils of the eyes, clear fluids draining from the nose or ears, inability to awaken from sleep, and weakness or numbness in the fingers and toes.
Cognitive or mental symptoms are also common, such as intense confusion, agitation, combativeness, or other unusual behavior. Slurred speech, disorientation, and inability to recognize people or places can also occur, signaling significant cognitive disruption. Coma and other disorders of consciousness can also be a result of severe TBI.
Individuals with severe TBI may exhibit various neurological responses characteristic of brain damage. These can include coordination problems, profound confusion, and difficulty with attention and memory. Sensory symptoms might consist of blurred vision, ringing in the ears, a bad taste in the mouth, changes in the ability to smell, or sensitivity to light or sound.
These symptoms can indicate the severity of the injury and the areas of the brain that are affected. It is important to note that the signs of severe traumatic brain injury need immediate medical attention.
Head injuries can result from a number of various accidents. The most common causes of traumatic brain injuries are:
Recovery from a traumatic brain injury is often a long and difficult journey that varies from one injured person to another. Despite the unique nature of each TBI, healthcare professionals have observed a general recovery pattern, the ten TBI recovery stages.
These stages help family members, caregivers, medical professionals, and advocates understand where survivors are in their recovery process and what kind of support they might need next.
In this next section, our Southfield brain injury attorneys will explain the ten stages of TBI recovery that outline the usual progression from the initial brain injury through to physical therapy and eventual return to daily life. Each step has challenges and breakthroughs, serving as a crucial framework for developing treatment plans and providing unique legal support.
In the early stages of traumatic brain injury recovery, the focus is on immediate stabilization, managing life-threatening complications, and minimizing further damage to the brain. This phase is followed by a period where consciousness may fluctuate, and basic responses reemerge as the brain heals.
Intensive rehabilitation typically begins here, with therapies to reestablish fundamental sensory, motor, and cognitive functions. Each small step forward lays the groundwork for the more complex recovery stages that follow.
The first stage of traumatic brain injury recovery is often a coma, a state of unconsciousness with no voluntary movements or responses to the environment. Comas might sound like a bad thing, but the brain is working to repair itself from the trauma while in this unconscious state.
During this recovery phase, medical care is focused on life support and monitoring for any signs of change in the patient’s condition.
The vegetative state is the next stage of recovery from a severe brain injury. A slight return of reflexive responses marks stage two, although the patient remains unaware of their surroundings and interactions.
In this state, patients may exhibit sleep-wake cycles and can open their eyes but do not display signs of meaningful consciousness or purposeful movement. Caregivers continue to provide constant medical care and watch for any subtle indications of neurological improvement.
Patients in the minimally conscious state will start to show inconsistent, but discernible signs of awareness. Unlike the vegetative state, patients may follow simple commands, manipulate objects, give yes or no responses, or even show emotional reactions. However, these responses may be sporadic and fluctuate in clarity. During this stage, doctors may give the patient medication to encourage brain stimulation.
As patients begin to regain consciousness, they can experience post-traumatic amnesia (PTA). During this stage, the injured person may struggle to remember past events, create new memories, and exhibit behavioral changes. Inappropriate behavior is common during this stage. They might recognize family members or friends but struggle with understanding why they are in the hospital or rehab facility.
The care approach focuses on cognitive rehabilitation and coping strategies to help manage the confusion and frustration accompanying PTA. The length of this stage varies and is closely monitored, as the duration of amnesia can indicate the injury’s severity and the potential for long-term recovery.
As patients progress into the later stages of recovery, rehabilitation is critical. These later stages involve gradually restoring the patient’s independence and relearning complex cognitive and motor skills.
Therapists work diligently with patients to help them regain their ability to perform daily activities, manage their own care, and potentially return to work or school. Emotional and psychological support is also important to address the challenges of identity changes and social reintegration.
At this stage, patients may enter a state of confusion and require maximal assistance. They may show a marked improvement in alertness but struggle with significant disorientation, memory impairment, and a lack of insight into their condition. This confusion can cause the patient to respond inappropriately or in a way that doesn’t make sense.
Patients are still confused but improving at this stage of recovery. They become more aware of their surroundings and can perform familiar tasks for short periods with help. Memory recall for pre-injury events may become clearer, though recent memory is typically still impaired.
At this part of the healing process, individuals can perform tasks with minimal assistance. Their motor and cognitive skills have improved, and they can complete familiar tasks with some help. While patients may be able to function with assistance, they are not capable of starting tasks or planning for the future.
Patients regain a significant amount of independence, engaging in activities with minimal assistance when needed. They handle daily tasks more confidently, are more aware of their limitations, and may start returning to community involvement.
As patients near the end of their traumatic brain injury recovery, they can complete most activities independently and understand when to ask for assistance. They can manage most routines and make their own decisions, with help sometimes needed for complex tasks.
At this last phase, patients have regained control over their lives, can handle daily responsibilities, and make decisions without assistance. They can participate fully in home, work, and social environments.
While they may still experience some long-term effects from their injury, their adaptability allows them to lead a fulfilling life. Rehabilitation now focuses on the maintenance and further improvement of their abilities.
At this final stage, the resilience and hard-won gains of patients stand as a testament to their determination and the support of their healthcare and personal networks.
A traumatic brain injury is one of the most catastrophic injuries that the human body can suffer. The stages of recovery are long and require extensive medical care. At Lipton Law, we understand that focusing on recovery is the most important thing following a severe TBI, and pursuing legal action is the last thing on your mind.
That’s why when you choose the Southfield brain injury attorneys at Lipton Law, you can trust that your legal team will do the heavy lifting to build a strong case against the responsible party so that you or your loved one can focus solely on recovering.
Our commitment at Lipton Law extends beyond the courtroom to ensure that each TBI survivor and their family is equipped with the resources and support necessary to navigate the stages of recovery. While the healing journey may be long, no one should have to walk it alone.
To schedule a free consultation with one of our compassionate attorneys, call Lipton Law at 248-557-1688 today.
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]]>The post What Is the Latest News on Camp Lejeune Water Contamination 2023? appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>For those that aren’t aware, for almost 35 years, a water treatment facility at Camp Lejeune military base in North Carolina contaminated the drinking water on base. This exposed active duty military personnel, civilian employees, and military members’ families to toxic chemicals and substances, causing debilitating medical conditions and even death among those exposed.
If you spent at least 30 days at the Camp Lejeune Marine Corps base between the years of 1953 and 1987 and suffered injuries as a result of toxic exposure, you may be able to file a claim for compensation. The Camp Lejeune lawyers at Lipton Law are here to help victims and their families receive the compensation they deserve for their injuries.
Call us at 248-557-1688 and schedule an appointment with one of our experienced personal injury lawyers to discuss your case.
Below are some of the most important Camp Lejeune lawsuit updates from September 2023.
The federal district court overseeing the Camp Lejeune cases has issued a second case management order to address issues between the parties involved in the litigation. This second case management order also outlines the conditions that will qualify for Track 1, which include lymphoma, leukemia, kidney cancer, bladder cancer, and Parkinson’s disease.
Lastly, this order also states that Track 1 trials should begin in 2024, and both sides should be prepared to commence trials by that time. This means that victims of the Camp Lejeune water contamination may be able to have their day in court starting next year.
The U.S. government has put a limit on the legal fees that Camp Lejeune lawyers can charge their clients, due to the potential for abuse by predatory legal professionals. Attorney General Merrick Garland was personally involved in this decision.
Lawyers will only be able to receive 20% in legal fees for settlements, and only 25% in legal fees for lawsuits.
The government has billions of dollars at stake, so it stands to reason that many of the Camp Lejeune settlements and trial awards will likely be very high. Putting a cap on the percentage of attorney fees ensures that a majority of the money will go to the Camp Lejeune victims rather than the lawyers trying their case.
The judges presiding over the Camp Lejeune water contamination lawsuits have denied a motion challenging the appointment of some of the members of the plaintiffs’ leadership team. The law firm that filed the motion claimed that there was a lack of transparency from the members of the leadership team, among other issues.
With the motion denied, the leadership committee can focus on discovery and moving toward litigation, which will help victims receive compensation sooner rather than later.
The United States Department of Justice and the Department of the Navy have proposed a voluntary settlement option, called the “Elective Option.” The Camp Lejeune settlement offers in the Elective Option vary based on the disease the victim suffered from, as well as how long they were exposed to the Camp Lejeune contaminated water.
The following health conditions qualify for Tier 1 compensation:
Based on the length of their exposure, victims with Tier 1 conditions can receive compensation up to the following amounts:
The following conditions qualify for Tier 2:
Victims with Tier 2 conditions can receive the following compensation amounts:
Any wrongful death claims would receive an extra $100,000 in addition to the above settlement amount that the deceased victim would have qualified for.
Many Camp Lejeune victims with the qualifying conditions will be contacted about their potential settlement offer under the Elective Option, but should discuss their options with a legal representative. While these settlement amounts can be fair for some victims, they can be completely insufficient for others, and those victims may receive more compensation through a Camp Lejeune lawsuit.
It’s important to remember that accepting any settlement offer may bar you from pursuing further compensation in the future, which is why those with a Camp Lejeune claim should contact a skilled tort attorney who can advise them on the best course of action.
The Department of Justice is seeking an extension to respond to Camp Lejeune litigation. Previously, the Justice Department was given until October 2nd, 2023, to respond to certain cases, but this extension granted by the Court does not include cases in which the DOJ has already responded. Extending the deadline for ongoing investigations to October 2nd, 2023, would match the jointly proposed case management plan previously submitted to the Court.
Both the government and Camp Lejeune victims have submitted a joint status report regarding a proposed case management plan While both sides agreed on many of the elements in the management plan, the two sides proposed different ways of grouping pending Camp Lejeune lawsuits.
Many experts agree that the suits should be addressed through a batch process, but the government and the plaintiffs disagree on what diseases should qualify a victim for “Track 1,” which will be the first batch of cases the government will handle.
Plaintiffs believe that Camp Lejeune victims who suffered from leukemia, lymphoma, kidney cancer, bladder cancer, and Parkinson’s disease should be put on Track 1. The government, however, only wants to include victims who suffered from leukemia, kidney cancer, and Parkinson’s in Track 1.
The reason plaintiffs are pushing for more diseases to be included in Track 1 is because the cases in Track 1 are most likely going to be settled faster than others. This is because the plaintiffs’ listed health conditions are very closely tied to exposure to the chemicals found at Camp Lejeune. This would allow those who suffered from such serious conditions to receive fair compensation and have their Camp Lejeune claim handled in a more timely manner.
Currently, there have been more than 1,100 lawsuits filed and more than 93,000 administrative claims filed over Camp Lejeune’s toxic water exposure. If the government does not respond to these Camp Lejeune administrative claims in a timely manner, these administrative claims may also become lawsuits.
According to the Centers for Disease Control, it’s estimated that over one million Marines, civilian employees, and military family members were affected by the contaminated water at Camp Lejeune.
Many of those who were directly exposed to Camp Lejeune’s water have suffered from some sort of health issue as a result of the contamination. Some have suffered from severe and life-threatening conditions such as cancer, or have developed lifelong health complications such as birth defects.
Below are some of the most severe and, unfortunately, some of the most common conditions that Camp Lejeune victims have suffered from as a result of the exposure.
Exposure to the chemicals found in Camp Lejeune’s water treatment facilities has been linked to several types of cancer, including:
If you lived at Camp Lejeune for 30 days or more between 1952 and 1987, and you have developed any of these forms of cancer, you may have been harmed by the contaminated water on base.
Another common condition found in those who were exposed to the water at Camp Lejeune is Parkinson’s disease, a brain disorder that causes uncontrollable movement. The disease is progressive, meaning that a person’s Parkinson’s symptoms will most likely only get worse over time.
Patients with Parkinson’s tend only to live about 10 to 20 years from their diagnosis. Additionally, the disease has a higher mortality rate amongst those assigned female at birth.
Many Camp Lejeune cases involve birth defects, which are health conditions children are born with due to exposure to harmful substances while in utero, or due to genetics. Some of the birth defects associated with the Camp Lejeune water contamination include:
Additionally, many women who were exposed to the water at Camp Lejeune suffered from miscarriages as a result of the toxic exposure, or were made infertile.
If your child suffered from a birth defect as a result of the Camp Lejeune water contamination, the Michigan personal injury attorneys at Lipton Law can evaluate your claim and help you file for compensation.
If you or a loved one has suffered from injuries as a result of the Camp Lejeune water contamination, you must fill out a Camp Lejeune Justice Act claim form. Once it’s filled out, email it to clclaims@us.navy.mil or mail it to the Navy’s Tort Claims Unit (TCU).
This form will require evidence to prove that you are eligible to file a claim, and will need to prove that you lived on base at Camp Lejeune and that you suffered from illnesses as a result of the contaminated drinking water.
This evidence can include mail that was addressed to your residence at Camp Lejeune, or medical records that prove you suffered from one of the health conditions tied to the water contamination. An attorney can help walk you through the process and help you gather evidence to prove you have a valid claim.
If your initial administrative claim is denied and you are refused a settlement, or if you do not receive a response from the government within 180 days of filing, you can file a formal complaint with the North Carolina Federal Court. This will be a formal lawsuit against the government for their negligence.
We at Lipton Law can help you file your initial Camp Lejeune water contamination claims as well as your formal complaint, ensuring that you have the best chance at receiving fair compensation for your losses. For a better idea of what the Camp Lejeune water contamination settlement amounts, read our related blog.
Under the Federal Tort Claims Act, members of the public are able to file civil lawsuits against the U.S. government for negligence as a result of government employees working within the scope of their jobs.
Unfortunately, this act only allowed victims to file a claim within two years of the act or omission. Additionally, the only people receiving compensation as a result of the contaminated water at Camp Lejeune were Camp Lejeune veterans, and they were only receiving health care coverage and VA benefits.
The PACT Act, which was signed into law in August of 2022, expanded benefits for veterans exposed to burn pits, Agent Orange, and toxic substances. A portion of the PACT Act also included the Camp Lejeune Justice Act, which allowed victims to pursue legal action against the federal government for their exposure to toxic chemicals while at Camp Lejeune until August 2024.
The Camp Lejeune Justice Act allows victims to recover compensation for more than just medical bills; victims can receive financial compensation for lost wages, lost earning capacity, pain and suffering, and emotional distress.
Not only that, but the act allows the civilians who lived on base to file a claim for compensation, including children who were harmed while in utero at Camp Lejeune.
Additionally, the Camp Lejeune Justice Act prevents the government from using “sovereign immunity” to defend against claims of negligence. It also protects veterans from losing their VA benefits if they participate in any Camp Lejeune litigation.
Family members of a person who died as a result of toxic exposure at Camp Lejeune can file a wrongful death claim for compensation. The process for a wrongful death claim will be similar to other Camp Lejeune claims, but these kinds of claims usually result in higher compensation due to the severity of the loss.
We at Lipton Law can determine eligibility, help you gather evidence, and assist you in filing your claim against the Eastern District of North Carolina. Call us at 248-557-1688 to schedule a free initial case evaluation with a legal professional on our team.
The Camp Lejeune litigation is still ongoing, and no Camp Lejeune lawsuits have been settled as of September 2023. The best estimates say that victims may see payouts within 1-2 years of filing their claim.
The courts are still working on a way to process cases, but with the number of current pending cases and the potential additional cases that will be filed within the next year, the court will most likely need to handle cases in consolidated batches rather than one by one.
No one should fear that their drinking water could give them cancer or make them infertile, but unfortunately, that was the reality of over one million individuals who stayed at Camp Lejeune. At Lipton Law, we are proud to help our Camp Lejeune clients seek compensation for their losses.
If you or a loved one has suffered from an illness or died as a result of the contaminated water at Camp Lejeune, we’re here to help. Call our law firm at 248-557-1688 or contact us online and schedule a free consultation with one of the Camp Lejeune attorneys on our team.
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]]>The post Michigan Dram Shop Laws appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>In our latest blog post, the personal injury attorneys from Lipton Law explain the Michigan dram shop laws and how they can affect liability following drunk driving accidents.
If you or a loved one were injured in an accident caused by a drunk driver, schedule a free consultation with a Michigan dram shop lawyer by calling (248) 557-1688 today.
Dram shop laws are state laws that can hold other entities potentially responsible for damages caused by a visibly intoxicated person. The term “dram” comes from the unit of measure that bars once used when serving patrons alcohol back. A dram serving is less than a typical shot of liquor.
States that have dram shop laws can hold bars and restaurants liable if a person they served alcohol to ends up getting into an accident and causing harm or injury to another person, even if the accident happened off-site.
A dram shop is a bar or commercial establishment that serves alcoholic beverages. Dram shops also include restaurants and taverns.
Under Michigan Compiled Laws section 436.1801, an alcohol vendor can be liable for an alcohol-related accident if the vendor continues serving a visibly intoxicated person and that person is involved in an accident causing damages and/or injuries.
The Michigan dram shop law does not automatically hold the vendor liable. For the vendor to be held legally responsible, they must have provided alcohol to someone either under 21 or someone visibly intoxicated.
Michigan’s dram shop law only applies to vendors that serve alcohol and not a social host. So, say a person gets drunk at the home of a family member or friend. If they’re involved in an accident that causes injury or damages to another person, they cannot pursue a claim against them under Michigan’s dram shop law.
If the drunk person who caused injuries or damages was a minor and was served alcohol at a friend or family member’s home, the accident victim could pursue a social host liability claim. The only way that a social host can have legal liability is if they served a minor.
For a successful claim, the social host liability plaintiff must prove:
Anyone pursuing a dram shop claim must notify the defendant within 120 days of entering into an attorney-client relationship. If the defendant is not informed about the claim, this failure to notify can result in dismissal.
A bar and/or bartender can be liable in a dram shop claim. The establishment and bartender should protect others from drunk drivers and should not serve alcohol to anyone visibly intoxicated or underage.
Yes, the bar and/or bartender can be legally responsible for serving alcohol to a minor. If the minor is involved in an accident causing injuries and damages, victims can pursue legal action against the minor and the establishment that served them.
The bartender and/or bar can be liable for serving a visibly intoxicated person. If the visibly intoxicated person causes an accident, the injured person can pursue a lawsuit against the driver and establishment.
For a successful dram shop claim, there must be proof that the individual was noticeably intoxicated. This evidence can be proven through surveillance videos and receipts of alcohol purchases.
As with most personal injury claims, damages from dram shop claims are provided to compensate victims for injuries and other damages sustained by the accident. The personal injury attorneys from Lipton Law will work to recover the following damages from your dram shop claim.
The statute of limitations for filing a dram shop claim is two years from the accident date. This timeline is important to note. Generally, car accident lawsuits have a three-year statute of limitations in Michigan.
While two years may seem like a long time to file a lawsuit, it’s critical that you contact experienced personal injury attorneys as soon as possible. The sooner you contact Lipton Law, the sooner your personal injury lawyer can begin working on your dram shop claim.
Restaurants, bars, and other establishments serving alcohol should protect others from drunk drivers. If they serve alcohol to minors or individuals who are visibly intoxicated, the injured party could have a potential legal claim against both the driver and the establishment.
If you or a loved one were involved in a drunk driving accident, the Michigan premise liability attorneys at Lipton Law are ready to help. To schedule a free consultation with a Michigan dram shop lawyer at Lipton Law, call (248) 557-1688 today.
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]]>The post What Is the Cerebral Palsy Life Expectancy? appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>In our latest blog post, the Southfield cerebral palsy attorneys explain how this medical condition can impact a child’s life expectancy and your legal rights regarding a medical negligence case.
Cerebral palsy is a group of conditions considered one of the more severe types of birth injuries. The term “cerebral” pertains to the brain, while “palsy” refers to issues or weakness within the muscles.
This medical condition occurs during birth when the infant doesn’t receive enough oxygen or blood flow to the brain, also known as hypoxic-ischemic encephalopathy. Cerebral palsy primarily affects balance, movement, muscle tone, and posture. The severity of the child’s cerebral palsy can vary depending on how long the infant lacked blood flow or oxygen to the brain.
All cerebral palsy cases are different based on the severity of the child’s condition. Some children with cerebral palsy may have minor impairments, while more serious cases can involve severe motor impairment with a child confined to a wheelchair. In addition to mobility problems, children with cerebral palsy may also suffer from vision and hearing impairment, seizures, and difficulty speaking.
Depending on the severity of the cerebral palsy diagnosis, some children can face more hardships than others. Those with more serious cerebral palsy cases can be at a greater risk of developing serious medical conditions leading to life-threatening complications. Since cerebral palsy affects mobility, some patients can suffer from poor cardiovascular and muscular health.
The most important factor that can increase a patient with cerebral palsy’s life expectancy is ensuring they receive proper medical care and treatments.
Cerebral palsy does not worsen over time. Even though the condition is non-progressive, the child’s medical condition will not improve. There is currently no cure for cerebral palsy.
Many factors can affect a child’s life expectancy when living with cerebral palsy. The severity of their medical condition and other factors all affect their life span.
Below, we will explain the differences between the average life expectancy of mild and severe cerebral palsy patients.
Children with mild cerebral palsy often have a similar life expectancy to those without the medical condition. According to research published by Dr. Anaynya Mandal, a two-year-old child with mild cerebral palsy has a 99% chance of living to 20. Dr. Mandal further states that individuals with mild cerebral palsy have an 80% chance of living to 58 years or older. Other studies have shown that patients with mild cerebral palsy are expected to have the same life expectancy as the general population, around 76 years.
Since patients with more severe forms of cerebral palsy experience more serious side effects than those with milder cases, their life expectancy is lower. Individuals with severe cerebral palsy suffer from significant cognitive and mobility limitations, decreasing their life span to around 20 years old. However, BCM Neurology states that the mortality rate of children with severe forms of cerebral palsy has greatly reduced since 1990.
Children with cerebral palsy endure both mobility and intellectual impairments. However, other factors affect the child’s life expectancy and quality of life. The severity of these conditions will vary based on the cerebral palsy diagnosis.
Different forms of cerebral palsy can affect a child’s mobility differently. The most common type of cerebral palsy and their mobility side effects are listed below.
Some children with cerebral palsy can suffer from severe cognitive impairment depending on their form of CP. Those impairments will vary depending on the areas of the brain affected. Speech and language difficulties are common signs of a patient suffering from cognitive issues.
Cerebral palsy patients with intellectual impairments can struggle to express their emotions, desires, and needs. Often, occupational therapy can help those with cognitive problems learn to communicate effectively.
Vision and hearing impairments can also affect children with cerebral palsy. Some children may become blind or deaf, requiring special accommodations.
Some forms of cerebral palsy can cause children to struggle with swallowing and eating. Cerebral palsy patients who have these impairments are at risk of becoming malnourished and dehydrated.
Musculoskeletal disorders like scoliosis, hip dysplasia, patella alta, and cervical stenosis can cause cerebral palsy patients to experience additional difficulty with mobility and movements.
Respiratory illnesses like bronchopulmonary dysplasia (BPD) often affect babies who are born prematurely. Other disorders like chronic aspiration of food and saliva can also cause difficulty breathing.
Almost half of the children born with cerebral palsy experience seizures. Since seizures are unpredictable, this impairment can create additional risks regarding the child’s well-being.
Cerebral palsy alone is not fatal, but the additional impairments like those listed above can lead to a lower life expectancy in patients with CP. Problems with mobility, breathing, and eating can contribute to the overall health and well-being of a child living with cerebral palsy. Other serious medical conditions, like epilepsy, can also put patients at risk of a lower life span.
Respiratory illness is the most common cause of death among people with cerebral palsy. Adults and children with cerebral palsy are at an increased risk of developing pneumonia and suffering from respiratory failure and aspiration. Other causes of death in cerebral palsy patients are organ failure and cardiovascular problems.
Families who have a child with cerebral palsy can improve their quality of life and increase their lifespan. Children diagnosed with cerebral palsy can lead happy, healthy lives with proper medical care. The key to helping your child overcome the difficulties of living with cerebral palsy is understanding how it affects them and developing a specialized treatment plan. Some common ways that treatments can help a patient’s quality of life and life expectancy are:
While cerebral palsy is a birth injury, it’s not always the result of medical negligence. However, if you believe that your child’s cerebral palsy diagnosis was due to negligence on behalf of your doctor or the medical staff, you could have a medical malpractice claim.
Families with a child with cerebral palsy can expect to pay around $921,000 in indirect medical costs, direct medical costs, and direct non-medical costs, according to the CDC’s Morbidity and Mortality Weekly Report (MMWR). That monetary figure does not account for the parents’ lost wages, over-the-counter medications, emergency room visits, caregiver expenses, and more. If you factor in those costs, the amount of money families must pay when caring for their child with cerebral palsy is insurmountable.
When your child has been diagnosed with cerebral palsy caused by medical negligence, the Southfield cerebral palsy attorneys from Lipton Law are ready to help. As mentioned above, the expenses related to caring for your child with CP are extensive, and when negligence leads to their medical condition, those responsible should pay.
At Lipton Law, our compassionate attorneys understand the delicacy of pursuing legal action against the medical staff responsible for causing your child’s birth injury. When you choose our law firm, you can rest assured that our legal team will do everything possible to ensure the medical professionals responsible are held accountable.
The Southfield medical malpractice attorneys at Lipton Law have represented clients throughout Michigan in many medical negligence cases. These lawsuits can be extremely complex and difficult to prove, but our results speak for themselves. When you’re looking to recover compensation for your child’s birth injury, trust the highly experienced attorneys from Lipton Law.
To schedule a free consultation with one of our Southfield birth injury attorneys, call (248) 557-1688 today.
The post What Is the Cerebral Palsy Life Expectancy? appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>The post Celebrating Excellence: Marc E. Lipton & Joel Sanfield Recognized by Michigan Lawyers Weekly appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>The “Go To Lawyers” program recognizes attorneys who are leaders in their field of law. According to Michigan Lawyers Weekly, a “Go To Lawyer” possesses the following qualities:
With decades of experience, they have consistently demonstrated an unwavering commitment to justice and a remarkable dedication to their clients. Their skill in negligence law and medical malpractice law has made them trusted advocates for those seeking justice in the face of personal injuries.
This recognition underscores their exceptional legal skills, compassionate approach, and track records of successful case outcomes. What truly sets them apart is their commitment to providing legal solutions that make a real difference in people’s lives. Our clients have experienced this for themselves, but we are proud to see this effort be recognized in such a public way.
In an ever-evolving legal landscape, it’s reassuring to know that attorneys like Marc E. Lipton and Joel Sanfield are there to champion the cause of those affected by negligence and malpractice. We celebrate this achievement and the positive impact they continue to make within the field of law. Congratulations to Marc and Joel on this well-earned recognition!
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]]>The post What Qualifies for a Spinal Cord Injury Lawsuit? appeared first on Southfield Personal Injury Attorney | Auto Accident Michigan.
]]>Suppose you or a loved one has suffered from spinal cord injuries due to someone else’s actions. In that case, you may be able to file a personal injury claim. You can recover compensation for damages like medical expenses, lost wages, and more. Our Michigan spinal cord injury lawyers can help you file your personal injury claim to receive the compensation you deserve.
Call us at (248) 557-1688 and schedule your free consultation to discuss your potential spinal cord injury lawsuit.
Negligence can cause a variety of serious injuries in a lot of different contexts. Spinal cord injuries can occur when a strong blow to the spinal column crushes, compresses, or severs the spinal cord. If an accident causes this kind of injury, it’s possible that the person responsible for the accident could be found negligent and held responsible in a personal injury case.
For example, suppose someone goes to a chiropractor, and the chiropractor compresses their patient’s spinal cord by being too rough during an adjustment. In that case, they may be found responsible for any injuries they cause. The spinal cord injury survivor (or their immediate family, if they die due to the negligent act) can file a spinal cord injury case against the chiropractor and sue them for chiropractic malpractice.
In any personal injury lawsuit, the legal team for the victim (the plaintiff) must prove that the other party involved in the accident (the defendant) was the one who caused the accident. To do this, the plaintiff must prove that the four elements of negligence were present in the accident. The four elements of negligence are:
Let’s look at an example: if someone is driving a car, they have a responsibility to drive cautiously and respect the rules of the road. This is their duty of care to other drivers, and when they breach it, they can cause a car accident. If that driver does cause an accident and harms another person, the driver will most likely be found negligent and therefore responsible for any damages they caused.
For a spinal cord injury claim to be valid, all four of these elements have to be present. A skilled Southfield personal injury attorney will know how to establish a duty of care, prove breach of care and causation, and help a spinal cord injury victim recover compensation for their damages.
There are four different kinds of spinal injuries, separated by where in the spinal column the injury occurred. These spinal cord injuries include:
Depending on where the spinal cord injury occurred and how severe the injury was, victims can suffer from paralysis or nerve damage to specific parts of their body. Spinal cord injuries that occur higher in the back can cause more dysfunction than spinal cord injuries that occur lower in the back.
For example, if someone suffers from a sacral injury, they may lose function in their hips and/or legs. If someone suffers from a cervical injury, however, they may experience paralysis from the neck down.
Spinal cord injuries can be caused in a variety of different ways. Some of the most common causes include:
Many spinal cord injuries are the result of negligence or intentional malice. If you or a loved one has suffered from a spinal cord injury as a result of someone else’s actions, you should contact a spinal cord injury lawyer to discuss your potential legal options.
Defective products can also cause spinal cord injuries. Faulty seat belts or airbags could cause an accident victim to suffer from severe injuries, and they can hold the manufacturer of the faulty product responsible for those injuries in a product liability claim.
Depending on the circumstances surrounding the accident, different people could be found liable for a spinal cord injury. For example, in Michigan car accidents, the driver that caused the car accident could be found negligent and held liable for any spinal cord injuries they caused. An experienced spinal cord injury lawyer will evaluate the facts of the case and determine who should be held liable for your spinal cord injury.
Spinal cord injury lawyers will investigate the cause of your accident. They will also help gather evidence to prove the elements of negligence were present in your case. This evidence can include police reports, medical records, witness testimonies, expert testimonies, security cam footage, dash cam footage, and pictures of the injuries you sustained. That way, they can prove the other party involved in the accident was at fault, and that they caused your spinal cord injury.
If you file a spinal cord injury lawsuit, you may be able to recover compensation for both economic and non-economic damages. Economic damages are the measurable, monetary losses that you suffered as a result of the spinal cord injury. Non-economic damages are the other, non-financial losses you suffered as a result of the spinal cord injury. These kinds of damages are more nebulous. This is because they don’t have a price tag attached to them, so they tend to vary.
If you have sustained a spinal cord injury as a result of someone else’s negligence, you may be able to recover compensation for economic damages such as:
If you file a spinal cord injury claim, you may also be able to recover compensation for non-economic damages, such as:
Some spinal cord injury lawsuits make it to trial. However, many personal injury lawsuits like this will be settled outside of court. In a spinal cord injury settlement, the person accused of negligence will agree to pay the victim a certain amount. This can resolve the case and save everyone the trouble of going to trial. If the case goes to trial and the victim wins, the defendant will be ordered to pay the victim compensation.
If the defendant is unable to pay the settlement amount or trial award, or refuses to pay it, the victim’s legal team will make attempts to collect payment. They can do this by sending reminders to the defendant, reaching out to their bank or employer, or even garnishing their wages, if need be. They are legally responsible for paying the victim compensation, regardless of whether or not they want to pay.
Every medical malpractice and personal injury lawsuit has a specific time frame in which they must be filed. This is called the statute of limitations. In Michigan, spinal cord injury victims have exactly three years from the date of their injury to file a claim for personal injury.
Spinal cord injuries are often life-altering and life-threatening, and they can permanently damage a person’s body. Spinal injury victims are also often forced to become dependent on assistance from walkers, wheelchairs, and other medical equipment to live their day-to-day lives. When a person suffers from a spinal cord injury due to someone else’s negligence, they deserve compensation for their injuries. Luckily, spinal cord injury lawyers can help victims seek justice and receive fair compensation for their losses and suffering.
If you or a loved one suffered a spinal cord injury, call the Lipton Law spinal cord injury attorneys. With a long history of handling personal injury claims, you can rest easy knowing your case is in capable hands. Call (248) 557-1688 or contact us online to schedule a free consultation with a spinal cord injury lawyer today.
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