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Children Change After Brain Trauma

admin — Tue, 08 Feb 2011 03:32:41 +0000

If your child has suffered a head trauma, there is a good chance that he or she will change afterwards. Just be aware why the child’s behavior is now different.

Many parents and others who interact with children on a regular basis are confused and frustrated by changes in their child after he or she has sustained a brain injury. They may find that things they used to do to handle the child’s behavior do not work anymore. The key to understanding what is different is to recognize that something has changed in their brains and they have no control over it.

Many of the changes parents will see relate to their child withdrawing, experiencing unpredictable mood swings, throwing temper tantrums, irritability, impulsive behavior that didn’t exist before, a neurological disorder characterized by involuntary crying or a lack of restraint that shows up in many ways that may include no regard for social conventions. A New Mexico injury lawyer will often use this information in court to win compensation for the family to care for the child.

Why is this kind of behavior harder to handle now that it was before the brain injury? The answer involves your child’s temporal and frontal lobes, the areas in the brain that control and direct responses to situations and behavior. If these lobes are damaged, your child might not be able to control his or her feelings, actions or temper. In fact, the child’s whole personality may be completely different than what it was before their accident.

When behavior changes like this, it confounds those who care for the child and it makes it difficult for people to understand what happened. Frankly, it is just like living with a stranger in the body of their once well known son, brother or cousin. The family is often asked to outline the changes they noticed by their New Mexico injury lawyer, to allow him to build a compelling personal injury case for court.

It is not just others who live with children who suffered brain trauma that have trouble with the new reality; it is the children themselves. They do not understand why they are different, which scares them and may compound the behavior changes. They have lost their sense of who they once were and are now trying to cope with the reality of whom they are now. You can imagine how frightening that would be to a youngster.

If your child has sustained traumatic brain injury, you will want to speak to a competent New Mexico injury lawyer and not only find out what your rights are, but find out how compensation is awarded in cases like this. Brain injuries are permanent and life altering. If your child needs full-time care because of the negligence of someone else, this will affect the compensation awarded.

Scott Atkinson was admitted to practice in New Mexico in 1989 and is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.

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Accelerating Without Warning Results in Off Road Utility Vehicle Recall

admin — Mon, 07 Feb 2011 03:32:59 +0000

In a story that sounds eerily familiar to the Toyota sudden acceleration fiasco, classic off-road Bad Boy buggies are being recalled.

An old saying says, “They don’t make things like they used to.” It is far truer than any of us may like to think, particularly when it comes to products we use every day; products that we depend on to be safe and not harm us. Unfortunately, more and more, our trust has been misplaced and people are getting hurt as a result.

While you may not be aware of what the law is in your state relating to defective or dangerous products, if you have an situation where you or someone in your family was seriously hurt or killed by using what turned out to be a defective product, call a skilled New Mexico personal injury lawyer and discuss your case and your rights.

If you have been injured in a buggy crash, then you should know that over 9,300 classic buggies, made by BB Buggies LLC, were recalled at the end of December 2010. If you did not know about the recall, you may still be entitled to recover compensation for your injuries, medical bills, pain and suffering and lost wages if you were harmed by the model recalled.

These buggies seem to imitating the Toyota flaw of accelerating without any warning. The recall took aim at all Bad Boy Classic models, with the exception of the XT model of off-road utility vehicles made from 2003 until 2010. The recalled buggies came in hunter green, red, black and camouflage patterns. The thing that will really upset many consumers is that there was a similar recall in 2009 and the consumers who brought their vehicles in for repair at that time are now being told the repairs did not properly address the hazard.

In cases like this, since the buggies had been sold for such a long time, there are bound to be individuals who have never heard of the recall or may not own the buggy anymore because they sold it to someone else, who may also not know about the recall. It is far too dangerous a flaw to think the original quick fix was the answer; a fact that is quite clear with this second recall of the same buggies.

Consumers have every right to sue a negligent manufacturer for flaws like sudden acceleration that could ultimately severely maim or kill an unsuspecting user. Even though the Latin saying, “Caveat Emptor” is operative in many instances, if the product is sub-standard to begin with and there is no evidence of that, they may still file a personal injury lawsuit with a New Mexico personal injury lawyer.

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Bone Fractures May Be the Least of Your Worries in a Motorcycle Wreck

admin — Sun, 16 Jan 2011 19:18:35 +0000

While motorcycles are rollicking fun when handled properly, they do have a tendency to wind up in wrecks; fatal wrecks.

The long and short of it is that if you ride a motorcycle, you do face the chance of being in an accident. Since you have no protection other than what gear you may be wearing, being thrown great distances will increase the likelihood of multiple bone fractures. The human body is not made for high-speed contact with an immovable object like the pavement or another vehicle. Bone breaks are often the result of other types of motorcycle accidents as well, such as laying the bike down to avoid a collision or the bike falling over on the biker.

What types of bone fractures could you sustain? Typically, there are a number of different types of breaks that motorcyclists involved in accidents wind up with, ranging from simple cracks to displaced and non-displaced fractures. In the case of a simple crack, casting often works well, but that depends on where the fracture is located. For example, if you broke your jaw or chin, you’ll likely be drinking through straws for a long time.

There are other fractures that can actually cause impairment or cripple you for life. Those include displaced fractures and non-displaced fractures. With a displaced fracture, you get a bone that snaps into, at the very least, two parts, but it could be more. That is a discomfiting visual. This type of break is also referred to as a comminuted fracture, so if you hear that when you are in hospital getting worked on, you will know what you’re facing in terms of healing.

A non-displaced fracture is where you bone cracks either all the way through or only part of the way through. Not to confuse the issue, but non-displaced breaks may also come in different flavors; closed fracture and open fractures. Open fractures usually mean a bone has punctured the skin and the end is pushed out and visible. These are dangerous, because of the risk of bone infections.

None of the end results of a motorcycle wreck are pretty, but there is one thing you can count on, and that is if you take your case to an experienced New Mexico injury lawyer, you will get what you need to pay the bills and live your life as best you can with your injuries. Under no circumstances should you attempt to represent yourself in a motorcycle accident. You may lose out on compensation you deserve.

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Catastrophic Injuries are Seriously Life Altering

admin — Sat, 15 Jan 2011 19:17:51 +0000

If your life is turned upside down from an accident, you need a skilled New Mexico injury lawyer. Adequate compensation for your injuries rests on their representation.

The true definition of an injury so bad that you may never be the same again is referred to as a catastrophic injury, largely because it is catastrophic to change your lifestyle from what it was to something where you may never walk, talk, act or be the way you used to be. This is a frightening thought to many people, and for a good reason. The costs of caring for someone with injuries like this are astronomical.

Usually one of the first questions people suffering catastrophic injuries ask is how they are going to be able to pay for their care. Money does not grow on trees. Even if they have a medical plan or health insurance, if they are in a wheelchair, bedridden, unable to speak or care for themselves, what money they may have is short lived.

The answer to what will they do usually comes in the form of a highly skilled and experienced New Mexico injury lawyer; one who understands the ramifications of paying for long-term care and ensuring all expenses are taken care of for the foreseeable future. They build their case for you based on the negligence of the other party that caused the accident that changed your life in one split second.

One of the most common permanent catastrophic injuries as a result of a car wreck is quadriplegia; the complete loss of function and feeling in the limbs and some internal body systems. Injuries like this are extremely hard to live with and there are also medical complications that may mean an early death. This is no way to live. A New Mexico injury lawyer has the ability to obtain a court award to cover all of the expenses a victim may face for the future, as well as costs to date incurred as a result of the accident.

Dealing with quadriplegia means 24/7 care, numerous trips to the doctor, hospital or both, medications, therapy and a whole host of other issues needing to be handled. The victim may suffer from spastic limb movement, atrophy, osteoporosis and other issues that affect limb tissues. Heart disease, loss of bowel and bladder control and difficulty breathing are also complications of quadriplegia.

If you are the victim of an accident that has forever changed the way you will live your life, contact a New Mexico injury lawyer and start asking questions about how to secure financial compensation to allow you to live your life as best you can.

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Products tainted with lead are on the increase

admin — Wed, 08 Dec 2010 02:00:02 +0000

Read the labels on products you buy these days. Be on the lookout for dangerous and deadly lead.

Unfortunately, the incidents of toys containing unacceptable lead levels has increased over the last few years to the point that consumers really need to be aware of what they are buying for their children. In a recent lead debacle in California, Wal-Mart and Target stores were selling toys that contained lead levels 70 times the allowable limit. That bears repeating: Seventy times the allowable limit. What were the manufacturers thinking?

The products involved in this case were kid’s boxing gloves and beanbag chairs. What was that amount of lead doing in boxing gloves and beanbag chairs? These items weren’t recalled, but they were pulled off the shelves. Were they pulled off the shelf in enough time to make sure no child had one? That’s hard to say, and frightening to contemplate at the same time.

Levels of lead that high have the potential to inflict permanent damage; damage that may include slowed growth for your child, developmental disabilities and cognitive delay. Any children exposed to these kinds of levels over a long period of time may also need intensive and extensive rehab and special education. This, of course, is extremely expensive; a difficult situation for many cash strapped families today.

By law, toy makers, importers, distributors and retailers are responsible for injuries caused by their defective products being sold in the marketplace and sold to children who may come to great harm handling toys with lead levels more than 70 times higher than the acceptable levels. Of course, the burning question of the day may well be just what is really an acceptable level of lead to expose a child to? Most parents would answer that the most acceptable level would be none.

Not sure where to find out about defective products and products containing lead? The U.S. Consumer Product Safety Commission does have a website specifically designed for consumers, offering that kind of information. You can also sign up for e-mail alerts for the latest product recalls through Google Alerts. The amount of information on hand about products like this will stun you, but, it’s better to be informed that ignorant. What parent wouldn’t want to know all they could about dangerous products and toxic toys?

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Electrocution may result in catastrophic injuries

admin — Tue, 07 Dec 2010 01:59:50 +0000

Electrocution is a very ugly way to sustain injuries or die. Nearly 1,000 people die each year as a result of electrocution.

Those who work with electricity or come into contact with it in the workplace are, in essence, playing with fire. An accident can happen at any time, despite how careful a person is being. While you can control your own actions and movements, you can’t control what another person may or may not do. And therein lies the conundrum. There have been cases just like this taken to court by a New Mexico injury lawyer on behalf of a severely burned client.

Electricity, when it comes into contact with a human body, will go with the path of least resistance. This often means it flows through the body, through your muscles, hair, organs and even the skin. The one organ that really counts, your heart, is at high risk to go into fibrillation on being shocked; an event that often results in death. A large number of the electrocution injuries and deaths that happen in the U.S. every year are a direct result of a workplace accident involving faulty wiring and equipment or someone else’s negligence.

If you survive an up close and personal encounter with electricity, do not wait to go to the doctor. While the injury might seem insignificant, like a small burn, the real damage is often under the skin and deep in the tissues. Electrical shock victims tend to experience difficulty breathing, confusion and a great deal of pain just prior to losing consciousness.

The stronger the current, the greater the internal damage. The stronger the current, the further the victim may be thrown from the point of contact, resulting in broken bones, spinal cord injuries and traumatic brain injury. If being shocked isn’t bad enough on its own, the secondary bodily injuries that may occur compounds the victim’s difficulties. These are details that often wind up in court documents for a jury trial being handled by a New Mexico injury lawyer presenting a client’s case.

Generally speaking, the most common reason electrocution happens is due to human error. People taking short cuts, not following safety guidelines, working with defective equipment, etc., can incrementally kick up the level of risk of coming into contact with electricity. Sadly, it’s also fairly common for those at on the job to not follow the proper safety procedures or to look the other way if a situation is hazardous. In the rush to get a job done, sometimes corners are cut when they should not be. The end result of that may well be a severely injured or dead worker.

If you have been in a situation where you were involved in an accident and electrocuted (but lived), speak to a seasoned New Mexico injury lawyer. You may find out that machinery or equipment was modified, which made it unsafe or that underground electrical wires were not properly flagged. The causes may be legion, the compensation should be appropriate for your injuries. This is something you need to discuss with the lawyer.

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Atkinson Says Lawyer Must Become The Victim When Severe Injuries Prevent A Biker From Assisting Legal Counsel

admin — Tue, 30 Nov 2010 01:32:00 +0000

Sometimes lawyers must take the role of a victim in the true victim’s stead when that person has been severely injured or rendered incapable of movement, a typical scenario in motorcycle injury cases.

“Unfortunately, motorcycle accidents have increased over the last five years, largely due to the fact that many people have given up their expensive cars to save money,” said Scott Atkinson, a New Mexico personal injury lawyer and wrongful death lawyer with the Atkinson Law Firm, Ltd. “Whether or not the riders are wearing helmets doesn’t seem to matter much. What matters is that the increase in wrecks appears to be a result of inattentiveness and carelessness, usually on the part of other vehicles that don’t see the biker until it’s too late.”

At issue in cases such as a motorcycle wreck is not so much whether the biker was wearing a helmet, but if the individual is alive. Those who do make it out of a collision alive and are able to assist counsel with their cases usually find their resolutions are more successful. Their first-hand experience and demonstrable injuries usually help a jury to understand the ramifications of a motorcycle collision.

Even with devastating injuries, clients can assist legal counsel to put together a case by directing them to important medical records, police reports, eyewitnesses and other information needed to prepare a case. If a biker has been severely injured and unable to do much in the way of helping their lawyer, the lawyer virtually becomes the client in order to track down relevant and pertinent information.

“Typically speaking, the worse the accident, the higher the compensation; for the simple reason that someone who sustained life altering injuries will likely need care for the rest of their lives. What’s crucially important in any accident case, but perhaps more so in a car versus motorcycle crash, is the question of who is at fault. Fault and negligence go hand in hand. Once negligence is proven, fault is not far behind,” Atkinson said.

At trial, the goal in cases like this is to aim for the maximum compensation possible. There is often no other way for a critically injured victim to obtain funds to live out the rest of his or her life other than a court award or settlement. Motorcyclists who have been involved in a crash should not wait too long before seeking advice and considering filing a personal injury lawsuit.

“Most states have limits on the time a person can file a lawsuit, and if the person misses that limit – referred to as the statute of limitations – he or she loses the right to sue. This is not something an injured person would want to lose when his or her whole lifestyle is at stake,” Atkinson said.

“When an accident changes your life from something you once enjoyed; an active affair with millions of things to do, to the specter of living in a wheelchair or having limited mobility, it’s time to talk to an experience New Mexico personal injury lawyer. This is my job, to help those who have been hurt due to no fault of their own,” Atkinson said.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

The post Atkinson Says Lawyer Must Become The Victim When Severe Injuries Prevent A Biker From Assisting Legal Counsel first appeared on SEONewsWire.net.

Atkinson Explains That Product Recalls Can Be Both Good And Bad For Consumers

admin — Sat, 20 Nov 2010 01:30:16 +0000

A product recall can actually be a good thing for consumers. However, something bad usually happens first before the recall is initiated.

“While it’s great living in the U.S., it is amazing how many defective products on the market these days – products that are causing Americans minor to serious injuries or even death,” said Scott Atkinson, a New Mexico personal injury lawyer and wrongful death lawyer with the Atkinson Law Firm, Ltd. “There are rules and regulations in place to protect us, but who is enforcing them and who is paying attention to the flood of questionable goods in the marketplace?”

It would be one thing if an odd product here and there got recalled for a defect. However, over a dozen different products were recalled in September 2010 alone. These products include things such as tainted food, medications with previously unknown side effects, shoddily designed tools, vehicles with critical flaws (think Toyota) and toys that can cause children to choke or even poison them with lead.

Fortunately for the consumer, there are civil and criminal punishments on the books that are specifically designed to punish companies that knowingly violate accepted safety standards.

“You have to also realize that some entrepreneurs are not driven by the need to keep people safe, but instead, are driven by the need to make as much money as they can,” Atkinson said. Consumers who have purchased a product that harmed them do have a variety of options available, and one of them is to speak to an experienced New Mexico personal injury lawyer.

“The consumer needs to know his or her rights when it comes to situations like this,” Atkinson said. “The reason for that is just because a product does not work does not necessarily make it defective. There is a distinction to be made here and it’s important the consumer know this. Discussing the details of their accident or experience will let me outline the law to them and we can then discuss if they have a case or not.”

More often than not, the products that have turned out to be potentially dangerous to the public are prescription drugs and over-the-counter medications, tainted food (mostly produce and meat), childcare products or toys, auto parts and the cars themselves.

“Just pick up any local newspaper and chances are one of the headlines will be about yet another item being recalled. Does it ever end?” Atkinson said.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

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Silence may cause deadly pedestrian accidents

admin — Mon, 15 Nov 2010 01:27:57 +0000

It used to be that silence was golden. Now, silence could kill.

New models of quiet cars can be so noiseless that they can kill pedestrians because they could not hear them coming. Technology really is amazing, but unfortunately not always that well thought out. While it’s nice that new cars are being marketed to discriminating buyers, one of the latest newcomers in the arena is the hybrid creep – which may also describe your daughter’s boyfriend.

In actual fact, the hybrid creep is what those gas-electric vehicles are being called; cars that hardly make any sound at all when they are going at a low speed. Noiseless vehicles are a potential danger to young children, the elderly and the blind. Think about that for a minute. Those who are blind rely on sound cues to find out where moving motor vehicles are in relation to their positions. If they can’t hear the hybrid creep, they may well walk right out in front of it; a step that may end up being deadly.

Advocates for the blind have been asking for years to have some kind of artificial noise built into these creeps in the hopes it will avert pedestrian fatalities and serious injuries. At the moment, the creeps only make up about 2 percent of new vehicle sales every year, but automakers are expected to ship more of these vehicles before the rigorous U.S. fuel efficiency standards are put into effect within the next 10 years.

No one can argue this isn’t a good thing, but conversely, it’s likely too much of a good thing. These vehicles are now so quiet that it has added a very real concern about how dangerous they may be for a certain segment of the population. To add fuel to the fire, a 2009 National Highway Traffic Safety Administration report reveals that creeps are twice as likely to be involved in pedestrian crashes at low speeds as compared to vehicles with regular noisy engines.

In 2008, at least 4,300 pedestrians were killed; some as a result of being hit by creeps/hybrids and some as a result of being hit by regular vehicles. Right now, government is taking a look at the risks for pedestrians when the creeps and the all-electric vehicles are doing less than 30 km/h. Vehicles booting it faster than that make a louder sonic noise.

To date, Congress has been smart enough to listen to the calls for changes and is adding sound performance requirements for creeps and electric cars into a bill under consideration in the wake of the Toyota recalls. How that will shake down in the future is anyone’s guess, but by and large it should be a good move and improve the vehicle’s safety.

If you have been in an accident involving a creep or electric car, make it a point to discuss your case with a skilled New Mexico personal injury lawyer; a seasoned advocate who can ensure you get justice and fair and equitable compensation for any injuries you may have received.

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Sex while driving is an accident about to happen

admin — Thu, 11 Nov 2010 01:27:05 +0000

People do crazy things when they’re driving. Sex behind the wheel isn’t the smartest thing to do if you don’t want a nasty accident.

A recent study indicated some of the worst things drivers do on the road. Texting while driving is right at the top, in addition to playing with iPods. Then there is putting lipstick on in the mirror – OK, the guys don’t do that – and the list goes on to even include watching a movie on a laptop.

All of these things are recipes for disaster, because it is a total no brainer that if you are not paying attention to where you are going, the consequences are not going to be so nice. Is it worth being seriously injured for a laptop movie? Killing someone, or yourself, because you were texting? These behaviours are so common, though, that they statistically rank quite high. This Danish survey also found out something astonishing: that 15 percent of motorists have sex while driving.

Sex while driving? Yes, sex itself or other sexual acts while behind the wheel of a vehicle. While there were no specifics as to how that was accomplished or what acts were involved, you can no doubt use your imagination. Police have actually caught people in the midst of their personal peccadilloes as they were speeding down the highway doing 100 mph in a 60 mph zone. Something about being turbo charged was written on the ticket. Evidently, some police cars have also filmed sexual shenanigans going on as well.

Setting aside that astonishingly stupid revelation, there are still at least 35 percent of drivers who admit to changing clothes while driving – go figure that one out – and a significant number still text and drive; about 28 percent. And, a whopping 72 percent indicated they’ve chowed down or had a non-alcoholic drink while driving. The statistics didn’t indicate how many had imbibed booze and hit the road.

Obviously, driving seems to be an adventure for some that takes precedence over common sense and safety. And if you take a good hard look at the auto accident statistics in the U.S., you may not be surprised to see how high they are. What has happened to the concept of drivers taking responsibility for their actions? It is usually an accepted rule of the road that when you drive, you use due care and attention, watch out for others and obey the rules of the road. In this way, hopefully no one gets hurt.

It seems that the technology we get that can be used while driving has sent the traffic accident stats soaring into the stratosphere. If you have been involved in an accident that was caused by the recklessness of another due to texting while driving, watching a movie while driving or having sex while driving (stranger things have happened), then it’s time to take you case to a seasoned New Mexico personal injury lawyer and find out what you can do to claim compensation for your injuries.

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Economic recovery never seems adequate in wrongful death cases

admin — Wed, 06 Oct 2010 18:46:34 +0000

In wrongful death cases, the deceased’s life must be quantified into an economic value for compensation. This doesn’t bring the loved one back, but it recovers money for the family to continue.

“Wrongful death lawsuits are not like the ones you see on TV, largely because those cases tend to deal with criminal offenses. In addition, nothing in the real world gets wrapped up from start to finish within an hour, minus commercials. In the real world, a wrongful death lawsuit is a civil lawsuit, not a criminal one, and it is a suit that is aimed at recovering compensation for the death of a loved one due to another person or entity,” said Scott Atkinson, a New Mexico personal injury lawyer and wrongful death lawyer with the Atkinson Law Firm, Ltd.

“Just about every state has a wrongful death statute, but their provisions differ, so it’s a good idea to find out from a New Mexico wrongful death lawyer what the statute in your state says,” he said.

“If you lost a loved one due to a homicide or manslaughter, the state (in the guise of the District Attorney) charges the offender and pursues legal action against them. They have complete control of the case. Family members need to file a civil lawsuit for compensation for their loved one’s death and they do so under the auspices of a wrongful death statute,” Atkinson said. Typically, most criminal cases are filed and dealt with first before a civil suit proceeds.

While no amount of money will ever bring back a deceased loved one, filing for compensation will allow the family to be able to continue on with their lives. By focusing on economic recovery, a wrongful death action quantifies the value of the deceased’s live by factoring in things like loss of earnings, loss of inheritance, loss of earning potential, medical and funeral expenses – to name a just a few things.

Trying to calculate what a person’s life is worth is extremely difficult, as there are a number of assumptions that need to go into the final figure. Frankly, most of the economic models don’t come close to capturing the complete value of a loved one’s life. Some of the factors involved include loss of comfort, guidance, emotional support and companionship; things that are just about impossible to quantify. Of course, there is then the risk that they won’t be included in the loss suffered by the survivors.

Ultimately, while economic recovery may come close to approximating what a life is worth, it’s not an optimal solution to a devastating loss. However, the family would at least have some recompense for their loss, to help them to get on with their lives and manage financially after the sudden death of the main breadwinner.

“In order to get a fair and reasonable settlement or verdict in a wrongful death case, you really need the competent assistance of New Mexico wrongful death lawyer who understands the pain and anguish you are trying to deal with as a result of your loss. Having a skilled lawyer on your side is very influential in terms of the outcome of your case,” Atkinson said.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

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The breaks of motorcycle accidents may cause permanent injuries

admin — Wed, 06 Oct 2010 18:44:22 +0000

Multiple bones fractures are often a consequence of a motorcycle crash. The biker may not be able resume the same life he or she had before being injured.

“It’s one of those givens, that when a biker is involved in a motorcycle crash, that they tend to get ejected and thrown great distances. The result of the force of the impact and the impact of a hard landing usually results in multiple bone fractures, or worse. It’s not just being thrown that may break bones either. If the biker has to lay their bike down, fractures may result for that as well,” said Scott Atkinson, a New Mexico personal injury lawyer and wrongful death lawyer with the Atkinson Law Firm, Ltd.

Unfortunately, there are a number of different types of bone breaks. Knowing what kind of break is involved in the accident will give a New Mexico personal injury lawyer a good idea of how serious the injury is and what economic recovery may be possible. If the biker is lucky, they may sustain a simple crack; something that may be cast, if the break isn’t difficult to treat. In addition, as long as the bone is healing, it will not need to be re-broken. Arms and legs are relatively easy to deal with, but if a biker breaks a jaw or chin, the situation may become infinitely more difficult. Think wired jaws and drinking sustenance through a straw.

“Typically, there are two categories of bone fractures that we deal with when it comes to court cases,” said Atkinson. “Those are displaced and non-displaced; somewhat fancy terms for how the bones were broken. For instance, a displaced fracture is one where a bone snaps in two or more parts/pieces. You might be familiar with medical shows on TV that discuss comminuted fractures. This is when a bone breaks into many pieces.”

As for non-displaced fractures, this refers to a break where the bone cracks either partially or right through the bone. These type of fractures are referred to as either open or closed. Open means the bone came through the skin and is exposed; a very serious break that may lead to bone infections.

“As you can see, getting into an accident while on your ride may result in some very serious injuries that may be life-altering. Dealing with breaks as serious as some of the ones I have just discussed is a long and hard road to follow. If there was negligence involved in the accident, you stand a good chance of recovering compensation to pay for your medical bills, lost wages, pain and suffering, etc.,” Atkinson said. “If you will never be able to work again or walk properly without help, this may put you into a totally different compensation category for court. Give me a call if you have questions, I’d be happy to talk to you about your case.”

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

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Electric burns are just as deadly as burns from a fire

admin — Wed, 06 Oct 2010 18:32:03 +0000

Electrical injuries are the leading cause of death in workplaces in America today. Men are more often affected than women.

Not too many people realize that electrocution happens quite often and as a result, over 3,000 people are admitted to hospitals across the nation every year. More than 1,000 die, and that figure includes children. In fact, just about 20 percent of the electrical injuries sustained every year happen to children.

An electrocution burn happens when electrical energy coverts to thermal energy. The converted thermal energy causes the burns, severe tissue injury and in some cases, death. The nature and extent of the burns is usually determined by how long the person was connected to the source, how much electricity was involved (the voltage), the type of current, what course or path the current took and whether or not it had any resistance.

More simply, the severity of tissue damage and the extent of the damage (electrical burns) is directly related to how much current the victim was exposed to when he or she came into contact with the source. For example, high volt injuries occur at greater than 1,000 volts and low volt injuries are less than 1,000 volts. The higher the voltage, the worse the tissue damage. This is the kind of evidence used in court when the injured party files a lawsuit with the assistance of an experienced New Mexico injury lawyer.

The one thing you need to watch for is underestimating the extent of electrocution burns, as they appear to be minimal and often superficial when first noticed. Never judge a burn victim by their external burns. Things are often far more deadly under the skin.

This happens because thermal energy follows the path of least resistance and muscle tissues and nerves offer less resistance than skin. Watch for source burns, usually the hands and head and a ground burn/point, often the feet. You can bet there will be internal damage along that route the energy traced through the body.

Burns as a result of electrocution are classified as first-degree, second-degree and third-degree and they are based on the burn depth. First-degree burns present as red skin with swelling. It’s painful to the touch and will turn white when touched, but there are no blisters or scarring. In the case of second-degree burns, the skin is pink or red, with swelling and pain, and the area may be covered in blisters. These blisters may leave scars.

In third-degree burns, there usually isn’t too much pain, although these are incredibly severe burns. There is little pain because the nerves have been destroyed. The skin may be white or charcoal in color and there will definitely be scars later. There may also be kidney damage and limb loss. Devastating injuries of this nature need the expertise of a New Mexico injury lawyer, as the person will be facing years of surgeries, possible grafting, therapy and recovery. The person may never have the same life they had before the burns and their treatments are extremely expensive and painful.

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Common, but potentially catastrophic sports injuries dog players

admin — Wed, 06 Oct 2010 18:05:20 +0000

Playing a sport of any kind – as an amateur or pro – exposes you to injuries that may end your career. Some types of injuries may seem harmless, but they are not.

Most athletes are familiar with concussions and may have even had several over the course of their playing careers. What they may not realize is that the more concussions a person has, the worse things become for his or her brain. Think Cassius Clay, these days more commonly known as Muhammad Ali, who took some serious head poundings that left him with brain damage over many years of professional boxing. The same thing can happen to an amateur or professional football player. I’ve seen quite a lot of these injuries while practicing as a New Mexico injury lawyer.

Many sports organizations have gone to the trouble of creating an injury prevention program, only to find that the players think it’s a total waste of their time. Why? Because they believe that nothing will happen to them. But things can and do happen when you’re playing hard contact sports. It’s part of the game. While some repetitive actions may make sense to the players, they get bored and disinterested in doing things like warm up activities, stretching, warming down and drinking water.

While it may sound innocuous, these sorts of precautions may very well avert some of the more serious injuries players face on the field, and keep them out of court trying to get compensation for their head injuries after filing a lawsuit with a New Mexico injury lawyer. In fact, studies have revealed that sports injury programs are able to reduce injuries by up to 80 percent. That’s a significant number, and if it means fewer players experience traumatic brain injury (concussions), then it’s accomplished what it set out to achieve.

Traumatic brain injury will permanently ruin your life and it makes even normal daily activities hard to perform. The injured brain just does not process information in the same way as one that has not been shaken up inside a hard skull numerous times. This can’t be emphasized enough – wear a regulation helmet and don’t skimp on the price. Your brain is far too important to lose your mind due to head trauma sustained in a game.

What else can you do to minimize other sports injuries? Warm ups. Warm muscles are flexible because the circulation to them has been increased. Sprains and strains are dramatically reduced because of this one simple precaution. While warming up, introduce stretching to extend back muscles, shoulder muscles and the hamstrings. During a good warm up session, you will want to make sure to drink a lot of water. You lose a whole lot of fluids not only during a practice, but during a game. Hydration is crucial to be able to be alert and quick on your feet.

If practice is over, don’t lounge around on the benches just yet. Typically after a workout, lactic acid is circulating in your muscles. To flush this out of your system, walk around for a few minutes and keep drinking water, otherwise you will stiffen up.

If you have been badly injured while playing a sport or football, in particular, speak to a New Mexico injury lawyer about your circumstances. If you purchased defective equipment, playing on an unsafe playing surface or your opponent was deliberately negligent when they sacked you on the field or cross-checked you on the ice, you may be able to claim compensation for your medical bills as a result of your injuries.

Scott Atkinson was admitted to practice in New Mexico in 1989 and is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.

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Collecting on a Personal Injury Case Takes a Long Time

admin — Sun, 12 Sep 2010 15:13:54 +0000

Not all personal injury cases are resolved quickly due to the nature of the case.

It’s not too surprising that those who have been in a serious accident and are badly hurt find themselves in deep financial hot water trying to handle the medical bills. If they are unable to work, this just adds fuel to the fire of worry about being able to keep their heads above water. The answer to the lack of funds may be solved by contacting a New Mexico injury lawyer to start the claims process.

“Just be prepared to hear the attorney tell you that weeks or months may pass before you actually see any money from your case. Things just don’t happen like they do on the one hour television shows where the whole case from start to finish is done in between the commercials. In real life, there is evidence collection, medical and law enforcement records requisition, witness depositions, medical witnesses – you get the idea. It takes time to get justice,” observed Scott Atkinson, a New Mexico injury lawyer with the Atkinson Law Firm.

Many people have no idea what they are supposed to do when they get into an accident. Some don’t even think they need a lawyer. While they may be able to settle their cases alone, they run the very real risk of losing out on a lot of money that is rightfully theirs because the insurance company hustled the forms through without completely explaining what it meant to sign away rights.

“Oddly, people who don’t want to spend money on an attorney are the first ones that will come to a lawyer after they settled and want to know if they can get more money for their injuries because the insurance company took them for a ride. Unfortunately, once you sign off on your claim, it’s a done deal and it can’t be reopened. I can’t emphasize enough that if you have been hurt in an accident, do ‘not’ talk to the insurance company and do ‘not’ sign anything until you bring it to me to examine,” advised Atkinson.

Not all accident claims go to court. In fact, many of them may be settled on the steps of the courthouse just before the trail begins. “Frankly, it doesn’t matter how the case is settled, so long as it is settled quickly, efficiently and fairly. If the negotiations aren’t going well and you are not being treated fairly or being offered what your injury claim is really worth, I will take the case to trial. This often really panics insurance companies because they know a court could award more in your case,” added Atkinson.

More often than not, the reason why it takes so long to collect on personal injury cases is because the insurance company has taken its time trying to dismiss, diminish or ignore the injury claim. Their business has a bottom line and that bottom line is saving money on the backs of accident victims. This is why a New Mexico injury lawyer will go the full nine yards against the insurance company to secure the client a fair and equitable settlement. It’s time well spent in the long run and even though the wait was long, the reward/award may be substantial.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

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Just Because a Product Is New Does Not Mean It Isn’t Defective

admin — Sun, 12 Sep 2010 15:12:05 +0000

Once upon a time, they made reliable products that lasted. That’s not the case today.

“You’d think that when the 21^st century arrived, it would usher in a new era of reliable and in demand products that people use daily. That those products would be well made thanks to the advent of the latest in technology and that when you bought the product or service in question, you would have no trouble with it,” said Scott Atkinson, admitted to practice in New Mexico in 1989 and who is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, Ltd.

“Contrary to wishful thinking, many of the products in today’s fast paced, high consumer demand marketplace are not that well made. Frankly, many of the products are defective and dangerous,” added Atkinson. It’s perhaps a bit of an understatement to point out that many of the defective products on the market today are not just dangerous, but instead are deadly. Consider the much maligned Toyota, the baby toys that choke, strangle or amputate little fingers, the defective tires, and the list goes on.

It’s not much of a stretch of the imagination to wonder if it’s even safe to be buying any new products on the market without getting them fully tested for design defects, flaws, improper directions or inadequate directions, or manufacturing errors.

It’s one thing when the product is a cheap plastic toy that cracks when a child stomps on it, but quite another when the defective flaw is a gas pedal that won’t respond to braking. “Here we have the difference between life slightly inconvenienced and a potential death. When did the quality of products take such a precipitous nosedive that we can’t feel totally comfortable relying on them any longer? Whatever the answer is to that question, it has certainly changed the way consumers respond to defective goods. When in doubt, they sue by filing a defective product claim,” Atkinson, a New Mexico personal injury lawyer indicated.

There are several things an injured consumer needs to know about defective product cases. The first is that they are different because the plaintiff has to prove the “defect” was the direct (proximate) cause of their injury. That being said, there are various types of product defects: a design defect, manufacturing defect and marketing defect.

In cases that involve a design defect, this usually refers to flaws inherent in the product design itself. As for a manufacturing defect, this is something that happened during the manufacturing process and may only affect a batch here and there and not necessarily all the products. Marketing defects are those where the maker of the product failed to provide the proper warnings about usage, the dangers associated with the product, or inadequate instructions.

“Take your pick,” commented Atkinson, “because some cases I have handled fell into all three categories. Slightly confusing to say the least, however in this day and age with products coming from foreign countries, it’s not much of a surprise anymore. If you think you have a defective product on your hands and you were badly hurt, give me a call. I’d be happy to discuss the case with you,” he suggested.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

The post Just Because a Product Is New Does Not Mean It Isn’t Defective first appeared on SEONewsWire.net.

The Death of a Loved One May Be a Wrongful Death

admin — Sun, 12 Sep 2010 15:10:09 +0000

People don’t always understand what wrongful death means. It’s death at the hands of someone else’s negligence.

While that is a somewhat simplified version of what wrongful death is, it is largely called wrongful death because someone was killed due to the negligence of another. Could there be criminal charges involved in this kind of a situation? Yes, there certainly could, but that would not affect the ability of the family to still file a wrongful death lawsuit with the help of a New Mexico wrongful death lawyer.

A criminal action and a wrongful death action under statute are two different things. It also doesn’t matter if the accident that caused a death was unintentional, the person responsible for that death must pay compensation for the victim.

If you are/were related to the deceased, you have every right to file a lawsuit; a suit that will let you recover your financial losses, other damages, and any injuries if you were also involved in the same accident that took the life of your loved one. This money will help you stay on track with your life, although at the time, that’s the last thing you tend to think about. Often included in wrongful death damages are other things such as mental anguish over losing your relative, your pain and suffering, and the pain and suffering of the victim, any lost inheritance you may have received and/or any benefits, and in some instances, punitive damages.

Most often punitive damages are awarded if the action that caused the wrongful death is so frightfully terrible and awful that punitive damages are called for to make an example of the defendant. Of course, none of this is possible without the assistance of a New Mexico wrongful death lawyer; an experienced attorney who knows how to prove any malicious intent of the wrongdoer(s).

Typically speaking, the people who are able to file a wrongful death lawsuit are immediate family members. The thing to remember is that not all states have the same laws, rules or regulations, so it’s best to discuss this with your New Mexico wrongful death lawyer. Some states allow step-parents, dependents and grandparents to file suit if there is no immediate family members to step up.

You should know that not every wrongful death claim is necessarily valid, just as not every medical malpractice case is actually the result of negligent malpractice. In order to find out if you actually have a wrongful death case, you need to ask a personal injury lawyer about the circumstances of your case. While you’re at it, you will also want to ask about the statute of limitations in your state, as not all states have the same limits. If you miss filing by the allotted deadline, that’s it for your right to sue. In other words, if you miss the deadline, your right to sue goes up in smoke.

The post The Death of a Loved One May Be a Wrongful Death first appeared on SEONewsWire.net.

Motorcycle Accidents Are Often Wrongful Death Lawsuits

admin — Sun, 12 Sep 2010 15:08:01 +0000

Motorcycle accidents can go two ways, either causing severe injuries or death. That’s the long and short of it.

It’s just a fact of life that if you are a biker and hit the road with your favorite ride, at some point, you may be involved in a wreck; whether or not you survive that wreck is a very real question. This is why a great number of motorcycle accidents usually result in wrongful death lawsuits and why those left behind need to speak to a New Mexico injury lawyer.

Take the case of Chris Rendon (names have been changed to protect the victim’s identity) who always told people that if he ever had to “go” he’d rather be killed on his motorcycle doing something he loved. In fact, he was just about certain that he would ultimately lose his life on his bike. It turns out he was right, but it wasn’t something that he did, it was due to the negligence of an elderly man turning in front of Chris in a car while Chris was doing highway speeds. This was a wrongful death lawsuit.

Here are some of the things you will need to know if you are considering going ahead with a wrongful death lawsuit if you have lost someone in a motorcycle crash. Your New Mexico injury lawyer will need to be able to completely prove that the death was in whole or in part, caused by the defendant’s negligence. This means their actions were negligent and because they were, they caused a death. The defendant may also be what is referred to as strictly liable for the deceased’s death. Your attorney will explain this distinction to you.

There needs to be a surviving spouse, beneficiary, children or dependants, and there must be financial and/or emotional damages that have resulted from the victim’s death. While this sounds like a lot of things to try and prove, usually the case details will tell the attorney the answer to many of these issues.

As far as damages go, in a wrongful death lawsuit these tend to vary greatly and are not like those awarded in a personal injury case. For instance, the family members (etc.) may sue for hospital expenses; medical expenses; home care needed for the victim before their death; the mental anguish of losing that person’s companionship; lost wages brought home by the victim; and things like the loss of care, assistance, protection and services the deceased provided the family.

In a wrongful death lawsuit, your New Mexico injury lawyer may also ask for compensation for loss of future wages, medical benefits, inheritance, and for the pain and suffering of the victim prior to death. You may also claim funeral and burial expenses. None of this is easy to discuss and none of it will bring the victim back. A wrongful death lawsuit will, however, ensure your family can continue on and have financial support to do so.

The post Motorcycle Accidents Are Often Wrongful Death Lawsuits first appeared on SEONewsWire.net.

Wrongful Death by Taser on the Increase

admin — Thu, 12 Aug 2010 16:25:35 +0000

It used to be wrongful death was caused by things like car accidents. Now, it may be the result of death by Taser.

“While Tasers may be the law enforcement tool of choice, it seems that more and more cases of victims dying as a result of being tased for too long are hitting the front page news. It’s not just a local problem either, it appears to be nationwide and growing,” outlined Scott Atkinson, a New Mexico personal injury lawyer. In many instances, the use or overuse of a Taser is being linked to police brutality. Many people have seen videos on the Internet of someone being Tased for too long. The results are indeed shocking.

“The origins of the Taser are interesting and the acronym TASER actually stands for Thomas A. Swift’s Electric Rifle. While that may make you think of a toy, this tool is ‘not’ a toy and the results demonstrate that all too clearly. However, the name did come from a character in children’s books written in the early 20th century,” Atkinson explained.

This lethal weapon shoots two darts of electricity (attached by a thin wire) into the victim. When the electrodes used at the tip of the Taser make contact, the weapon shoots out a stunning force that is intended to make the victims easier to handle. In some cases, the victim winds up dead instead. When the Taser first came on the law enforcement scene in the early 90s, people thought it was non-deadly; a good alternative to guns for dealing with criminals.

“The Taser is effective and a good alternative ‘if’ it is used according to the directions. It seems by the cases I have seen lately, that those directions are not being followed, with deadly consequences. Some civil rights groups even suggest the Taser is being abused by using it on unarmed suspects. Wrongful death cases involve an element of negligence and certainly, if someone used a Taser in a negligent fashion, there may be grounds to file a wrongful death lawsuit,” advised Atkinson.

Although this weapon was initially intended to be used on criminals, an unsettling proportion of cases lately indicates it is being used on the handicapped, elderly, disabled, unruly sports fans, people who don’t speak English and pregnant women. “If you care to know the stats, there have been 351 documented Taser deaths since 2001. In some of these cases, use of the taser was unlawful and completely without foundation,” Atkinson observed.

If someone has been tased and badly injured, or has succumbed to being shocked, it’s best to contact a New Mexico personal injury attorney to find out how to file a wrongful death lawsuit.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

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Americans Can’t Depend on the Government to Protect Them from Dangerous Products

admin — Thu, 12 Aug 2010 16:24:46 +0000

Protection from dangerous protects on the market these days is just about non-existent. Hardly encouraging for the consumer.

“Pick up just about any newspaper these days and there is yet another story about a defective product that was recalled because it poses a danger to consumers. It’s not just one type of product either; it runs the gamut from cars to kid’s jewelry, from food to tires, and from baby accessories to furniture. No wonder consumers are starting to ask some very pointed questions about government involvement in protecting them from harm,” observed Scott Atkinson, a New Mexico personal injury lawyer.

Let’s just flash back to when the first of Toyota’s runaway vehicles caused a major furor in the country and caused several deaths. What was the role of the government in regulating car makers (or other manufacturers) to protect the consumers? Or put another way, why didn’t government regulations avert that catastrophe? “And if you’ve read the news more recently, Toyota is now recalling about 270,000 cars, including luxury Lexus sedans, with faulty engines that may stall when moving,” Atkinson remarked.

“So the auto industry isn’t exactly in great shape right now, but the recall issue could just as easily have involved cribs, paint, drugs, boats, toys or medical devices. The issue here is the same, whether or not consumers may rely on the government to keep them safe,” reiterated Atkinson.

Unfortunately, the reality is that the government isn’t able to keep consumers safe from defective products largely because there are far too many to tackle and not enough inspectors and regulators to keep up with the market. The hardcore reality is that there are thousands of products sold in just the US and no one could possibly keep up with them all.

“And there is one other very telling reason at play here – most manufacturers (if they are large enough, like Toyota) have more resources and funds than the government; an obvious plus for their camp,” added Atkinson. The best example is how totally overwhelmed the National Highway Transportation Safety Administration (NHTSA) was when the Toyota sudden acceleration and braking issues hit the media.

The plain facts are that back when Reagan was President, departments that had regulators to protect consumers had their funding cut over and over and over. “Would you believe for instance that the current budget for the NHTSA is half what it used to be in 1980? That’s pretty scary stuff. What is even more frightening (at least in the Toyota case) is that Toyota’s regulatory affairs department is operated by two people who used to work for NHTSA,” said Atkinson.

Certainly not all situations involving product recalls are on the scale of Toyota or involve other issues like politics and money, but suffice it to say that it happens often enough that Americans have almost come to expect that whatever they buy won’t work and may have the potential to harm them. “If you’re in a situation where a product has hurt you or a family member, give me a call, I would be happy to explain the ins and outs of defective product law,” suggested Atkinson, a New Mexico personal injury lawyer.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

The post Americans Can’t Depend on the Government to Protect Them from Dangerous Products first appeared on SEONewsWire.net.

Electrical Burns More Serious Than One Thinks

admin — Thu, 12 Aug 2010 16:23:21 +0000

Electrical burns after being electrocuted may seem minor. The real damage lies hidden under the skin.

Electrocution is perhaps one of the more unusual injuries an individual may sustain, largely because a great deal of the damage may be unseen. Unseen however, does not mean they are not serious and indeed, life threatening. One of the consequences of electrocution happens to be burns and at first glance, these may seem to be insignificant. Nothing could be further from the truth, as burns cut deep into the tissue under the skin’s surface.

Tissue damage under the skin may be so extensive that the limb involved – say an arm or leg – may have to be amputated. Typically, electrical burns are the worst at the point of contact – meaning the ground and the source. In most instances, the source is the hands or head and the ground is usually the feet. The longer the contact with the source, the worse the injuries tend to be. I’ve seen my fair share of these types of injuries during my years of practice as a New Mexico personal injury lawyer.

If we’re talking about high-voltage burns, victims would normally have a “contact” burn where the source was touched and one on exit or grounding. Imagine if you were the path of electricity as it courses through a person’s body, doing severe damage as it winds its way to an exit point. This is another reason why what you see on the outside does not tell you what the inside looks like.

Arc burns unfortunately don’t tend to happen at a low voltage; they happen when the electricity passes from a point of high resistance to a point of low resistance. Again, you’d find burns at the contact and exit points; burns that are either flash or flame burns which vary in severity.

Flash burns are the result of an electrical arc that passes over the surface of a person’s body. This type of burn doesn’t usually affect internal tissues and luckily, the burns may be superficial, although they do tend to be large. Flame burns (thermal burns) come about when a person’s clothes catch on fire.

Low voltage burns are the result of several seconds of contact with a source and will vary in severity depending on the length of contact. Oral burns are normally the result of a child sucking or biting an electrical cord and the current crosses from one side of the mouth to the other. This is nothing to mess with and damages may be extremely severe and cause deformity. They may also put the child at risk for respiratory arrest, as a burn like this may affect the airway. Never assume a burn like this is nothing to worry about. They don’t always look as bad as they really are.

Survival rates for electrical burn victims have improved quite a bit over the years, but there are still high rates of death and amputations. The treatment is prolonged and very aggressive and usually there will be ongoing rehabilitation. This will mean an enormous expense for the victim and their family. For this reason, contacting a dedicated and highly trained New Mexico personal injury lawyer will help you recover damages to allow you to continue your treatments and recovery.

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Brain Damage Can’t Be Undone

admin — Thu, 12 Aug 2010 16:22:26 +0000

One of the more common injuries in accidents is brain trauma. Despite modern medical advances, brain injuries can’t be reversed.

If the world were a perfect place, brain injuries sustained in accidents would be reversible and the victim would continue living a normal life. In reality, the world is far from perfect, and brain injuries can’t be undone despite some of the most advanced medical techniques in the world. What that means is that those who have been involved in a car, truck or motorcycle accident, a slip and fall situation, a sports related trauma or other head injury situation will face unprecedented challenges for the remainder of their lives.

Often brain injuries are accompanied by other physical injuries as well. Overall, when a victim is hit with a one-two punch of brain injuries and physical injuries, their care is going to be very expensive and ongoing. This is one of the major reasons why people involved in an accident and who have been brain injured, need to talk to a New Mexico personal injury lawyer. It’s the first place to start to obtain compensation for life-altering injuries.

Accidents happen for a variety of reasons, whether it is someone else’s negligence or egregious recklessness or as the result of a defective product or part. When you are hurt by someone else, you have the right to file a personal injury lawsuit. Frankly, it’s in your own best interests to do so and in order to get fair compensation for your damages, you will need the help of a skilled New Mexico personal injury lawyer.

Filing a lawsuit does not automatically guarantee a windfall of an award, nor does it always end up being successful. However, compensation may still be handed out for lost wages, vehicle repairs, medical bills and other damages as the courts see fit. Generally speaking, compensation vests with the seriousness of the injuries incurred in an accident.

If we are talking about brain injuries, they are considered to be the most serious of personal injuries an individual may suffer simply because it’s not “just” the brain that is affected. There are bound to be other side effects and they may include a changed personality, impaired motor skills, loss of the ability to write, read or speak, impaired cognition and loss of memory, and the inability to retain memories.

If you find yourself in this situation or a family member has been involved in a crash with resulting brain injuries, consult with an experienced New Mexico personal injury lawyer. Knowing your rights is important.

The post Brain Damage Can’t Be Undone first appeared on SEONewsWire.net.

Child’s Burns Horrific

admin — Fri, 16 Jul 2010 14:44:53 +0000

There is nothing worse than a child that has suffered a burn injury. Such injuries may mean other infections.

One of the worst things we could ever think of is a child being involved in an accident of any kind. A child that has sustained burn injuries is even more horrific, not just for the child, but for the family. Burn injuries are not only frightening, they carry a high potential of being life threatening and may also involve secondary infections, shock and respiratory difficulties.

“If your child was burned because someone was negligent – a daycare worker or babysitter – they may be liable for those injuries and for paying the medical bills. This is one of those urgent situations where you really need to speak to a skilled New Mexico personal injury lawyer to find out what your rights are and what options you have available,” commented Scott Atkinson, a New Mexico personal injury lawyer.

Fire and heat related burns do tend to happen far more frequently that we think. In fact, over 3,000 children die each year as a result of burn injuries and burn injury complications. This is the second leading cause of death in the nation for kids. Those who survive their burns, an estimated 40,000 every year, spend long periods of time hospitalized.

“Let me make one thing clear, fire isn’t the only cause of burn injuries. A burn can actually happen as a result of chemicals, friction, electricity, light and thermal sources. The child may sustain first, second or third degree burns, with third degree being the most potentially lethal. Injuries like these may range from minor to life altering and the cost of treatment in cases like this is phenomenal,” observed Atkinson.

There is no way a family should go into debt paying for the treatment of burn injuries if they were caused by a reckless or negligent custodian. “Your lawyer will help you figure out the long-term costs of care when you file a personal injury lawsuit,” Atkinson said. A lawsuit may provide funds for pain and suffering, emotional and trauma counseling, physical therapy, future medical costs in relation to the burn injuries and hospital and medical expenses.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

The post Child’s Burns Horrific first appeared on SEONewsWire.net.

Amputee Defective Product Recovery

admin — Fri, 16 Jul 2010 14:43:39 +0000

Amputations may result from defective products. If the amputation happens because of a personal injury, it is called a trauma-related amputation.

Shockingly, nearly 1.7 million people a year are living with the loss of a limb; probably far more than we would ever have thought about. “Generally speaking, when it comes to trauma related amputations, it’s an upper limb lost. An amputation may be the result of injuries at work, car crashes, due to dangerous conditions on a property, or as the result of someone else’s negligence. When negligence is involved, the victim is entitled to compensation,” noted Scott Atkinson, a New Mexico personal injury lawyer.

Typically, there are two types of amputations: upper and lower limb. Most lower limb amputations are either above or below the knee and rarely, at the hip. The same holds true for upper limb amputations, which are typically above or below the elbow. Often amputees may opt for a prosthetic device to replace the lost limb.

“If you were hurt because of a dangerous condition on a property, legal responsibility goes to something called premises liability, which means the land owner must safely maintain the property for people who come on to the land. If an amputation occurred on someone’s land, the victim’s status sets up the duty of the land owner,” Atkinson remarked. For instance, status refers to whether the person was a trespasser.

If an amputation injury occurs on someone’s poorly maintained property, the amputee’s status while on the land is important. There are three types of entrants to a property: trespassers, licensees and invitees. To distinguish which class an amputation victim belongs to when hurt on another’s property, don’t guess, talk to a competent attorney with the skill to explain what this area of the law means.

If a defective product plays a role in an amputation accident, the victim may wish to file a products liability lawsuit. This type of suit would allow the victim to recoup compensation from the seller and/or maker of the product. “Generally speaking, most product liability claims are based on strict liability. Again, this is something a very trained lawyer will be able to explain to you in plain English,” added Atkinson.

For those victims who have suffered an amputation as the result of an accident, if there is negligence involved, and most often there is when it comes to car crashes, the amputee may file a claim for compensation. The general rule of thumb is that ordinary people (and others) have a duty to act as prudent and reasonable people. If they don’t, and instead act in a negligent manner, the victim may file a lawsuit.

What kinds of damages are available for an amputee? “An amputee may apply for compensation for past, current and future medical bills and treatments; past, current and future loss of wages, and pain and suffering.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

The post Amputee Defective Product Recovery first appeared on SEONewsWire.net.

The Wrongful Death Puzzle

admin — Fri, 16 Jul 2010 14:42:06 +0000

Death is never easy for anyone. It is harder if the death was wrongfully caused by another.

Not everyone understands what the term wrongful death means or what they can do about it if something happens to a loved one. The best definition of a wrongful death is that it is a fatality that took place because of someone else’s negligent or wrongful actions.

Another point to remember as well, is that a wrongful death claim is a civil action filed against the negligent person(s) responsible for the casualty in question. In most instances, a wrongful death claim is filed by close family members on behalf of the deceased person, and it states that the accused or defendant was negligent or committed a wrongdoing that killed someone. Surviving family members are called beneficiaries and they are entitled to compensation for the death.

While this may sound fairly straightforward, at one time, there was no legal recourse for bereaved family members. Over a period of time, the various states began to realize that the survivors in a wrongful death case needed to be protected. Now, every state has a wrongful death statute. They aren’t all the same, so it’s best to check what may be applicable in your state. For instance, if you live in New Mexico, you’d want to ask a New Mexico wrongful death lawyer what the applicable statute says in that state.

Because a wrongful death case is tried in a civil court, and not in criminal court, the burden of proof is different; a preponderance of the evidence, not beyond a shadow of a doubt. What difference does that make? The difference means that it’s a lot easier for a family to pursue justice for a wrongful death under that burden of proof than it would be to criminally prosecute them.

This is not to say that a defendant can’t be prosecuted criminally and have a civil lawsuit filed against them as well. For example, if the defendant was being tried criminally for murder, they may still also be sued civilly for wrongful death. Think O.J. Simpson.

Generally speaking there are several categories where a wrongful death lawsuit may be filed by a New Mexico wrongful death lawyer: toxic exposure, products liability, defective drugs or medical malpractice. Unfortunately, death by medical malpractice is far more common that we would care to even think about. Would you believe over two hundred thousand people die each year because of medical errors?

If you have lost a loved one as the result of someone else’s negligence, you will need sound advice from a New Mexico wrongful death lawyer.

The post The Wrongful Death Puzzle first appeared on SEONewsWire.net.

Be Proactive – Get Uninsured and Underinsured Motorist Coverage.

admin — Fri, 16 Jul 2010 14:41:04 +0000

One car accident changes your life. If the driver wasn’t insured, you may pay for part of all of your medical expenses.

There is no truer saying than, “Your life can change in the blink of an eye.” That is all it takes to perhaps sustain traumatic injuries in a car accident that may mean a lifetime of therapy and medical bills, unemployment or having to choose a different occupation. If the person who caused the car accident doesn’t have enough insurance to cover all your medical expenses or doesn’t have insurance at all, chances are you will be picking up the bills.

That thought should scare you, and for good reasons. If you happen to acquire traumatic brain injury, spinal cord problems or neck and back injuries, your medical bills may be astronomical. Even if you do have health insurance, you stand the chance of being wiped out quickly. If you have been in an auto accident with an uninsured or underinsured motorist, make it a point to talk to a New Mexico personal injury lawyer.

Many Americans make the choice to drive without insurance because they can’t afford it. The fact is that they really can’t afford not to have it, not if they are badly injured. The statistics dealing with uninsured drivers in many states are shocking: just about 15% to 20% of drivers in any state are on the road without insurance. This of course increases your chances of being hit by an uninsured driver. With the risk of severe personal injury being that high, don’t ignore the possible outcome. Be proactive and have the right kind of insurance to protect yourself.

The hard, cold facts are that if you get into a collision with an underinsured or uninsured driver and you don’t have your own insurance (or enough insurance) for medical expenses, you may need to consider filing for bankruptcy. That is the brutal reality of today – that medical bills are the reason for close to 50% of all the bankruptcies in the US.

Here is something else that will make you think that a good New Mexico personal injury lawyer will tell you if you have been badly hurt and need compensation for your injuries. A study done by Harvard University points out that most of the people filing for medical bankruptcy used to be middle class working people with health insurance. They handled their situation or accident in the beginning of their medical crisis, but lost coverage just before filing for bankruptcy. There is something seriously wrong with that picture.

If you don’t want to find yourself in the medical crisis, medical bankruptcy situation, make sure you get enough car insurance to protect yourself and your family. In other words, get sufficient uninsured and underinsured motorist coverage, because it’s “your” life that may be turned upside down. As an added bonus, uninsured and underinsured motorist coverage generally also covers a hit-and-run accident and the other driver is never identified.

The post Be Proactive – Get Uninsured and Underinsured Motorist Coverage. first appeared on SEONewsWire.net.

The Head Gets Hurt the Worst

admin — Fri, 11 Jun 2010 14:08:48 +0000

Motorcycle riding is fun, but watch out for the head injuries.

Those who love motorcycles do so for various reasons, and most of them know that while they are out biking they are running the risk of being injured in a collision or other mishap of some kind. This doesn’t stop a whole lot of dedicated bikers from being out on the road as often as possible. “Many people have even sold their cars and are riding their motorcycles to work. Nothing wrong with any of that, but honestly, it would be a smart move to pay attention to the potential for head injuries,” suggested New Mexico personal injury attorney, Scott Atkinson.

“Along with less gas guzzling, you get a great view and the superb maneuverability. The downside, and this bears repeating, is the rider(s) are wide open for head and brain trauma,” added Atkinson. “Let’s face it; bikers are much more vulnerable to crashes than people in cars. In addition, if it’s not a collision with another vehicle, then a biker may slide out or tank after hitting a pothole, an animal, or some other object or debris on the road. Even weather conditions affect bikers far more than other vehicles,” he pointed out.

By and large, the greatest number of motorcycle accidents tends to involve the younger generation; younger and inexperienced students, and young adults out there for the first time and trying out everything they can for the fun of it. There’s no harm in having fun, but it’s only smart to have fun and be protected at the same time. Wear the regulation leathers, the gloves, the boots, the eye gear and the helmet. While many riders hate the helmet, that helmet may be the reason they are still alive after an accident.

“I can’t emphasize this enough; the helmet is one of the main reasons some of my clients were alive and able to come to me to talk about compensation for their injuries. Mostly, they were wearing the Department of Transportation approved helmet and it’s been ‘proven’ to deter head and brain trauma,” indicated Atkinson. While head damage might not look or feel too bad initially, head injuries have a nasty habit of turning into something far worse – traumatic brain injury (TBI). TBI causes permanent disability and for some, death.

Head injuries may come in many forms including concussions, contusions, skull fractures, gashes, lacerations and intracranial hematomas. “This is why you wear the helmet; to reduce the likelihood of a more severe injury in an accident. While you may be driving or biking safely, that doesn’t mean the ‘other’ person is, and for that reason if you are hurt by someone else’s negligence, you need to see a dedicated New Mexico personal injury attorney with experience in handling motorcycle accidents,” Atkinson advised.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

The post The Head Gets Hurt the Worst first appeared on SEONewsWire.net.

Whatever Happened to Safe Products?

admin — Fri, 11 Jun 2010 14:07:47 +0000

It used to be that we could trust the products we bought in the marketplace. That is not the case today.

“Every time we open a newspaper, watch TV or listen to the radio, we’re often bombarded with yet another product recall. For example, the Freshway romaine lettuce recall (potentially contaminated with Escherichia coli O145 bacteria); 2006 to 2010 Hummer H3 vehicles for fractured hood clip tabs (may cause hood to fly off) or the Best Friend’s charm bracelet for children recalled for high levels of toxic cadmium,” recounted Scott Atkinson, a New Mexico personal injury attorney.

It never seems to end; from food to vehicles, from tires to children’s jewelry, and from medicines to environmental products such as pesticide. It makes one wonder what their rights are as a consumer to be protected from negligence or shoddy manufacturing. “Even if you have never had the misfortune to by a product that harmed you, having product liability information is smart – just in case,” advised Atkinson.

Many defective products don’t harm people; they just chalk a non-working item up to being a nuisance and move on. “But the products that do harm really hurt people in a significant way; significant enough that you would want to talk to a personal injury attorney,” added Atkinson.

Typically speaking when a manufacturer is offering a product or a service to the public, they are mandated to follow very strict guidelines for safety. Obviously these guidelines are not always followed for a variety of reasons, and that is why we see a high number of product recalls. Anytime a product or service to be consumed/used by the public fails and causes serious injury or death, the injured victim has a right to compensation for their injuries. “This is something that needs to be discussed with a competent attorney who will outline what you need to know, how things may proceed with your case, and what you may expect during the whole process,” Atkinson emphasized.

Unfortunately, the leading products that seem to appear more often than not in the public eye as being dangerous/defective usually relate to one’s health: drugs, food, diet supplements, drinks, cosmetics, medical devices and so on. Whether or not these particular items become defective during the manufacturing process or were defective to start with are the burning questions of the day, and ones an attorney will want to track down to build a case.

“Products that involve safety issues not related to “health,” but that may impact on your health in another way, externally, are things like toys, car and medical equipment. And what about the consumer? The consumer – you – have a right to know that what you buy is safe, and the right to recover damages if you have been hurt by a defective product. Know your rights. Knowledge is power,” said Atkinson.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

The post Whatever Happened to Safe Products? first appeared on SEONewsWire.net.

When the Shock and Burn Are Significant

admin — Fri, 11 Jun 2010 14:06:20 +0000

Unfortunately, there is an average of close to 1,000 people electrocuted every year in the US.

It’s not a nice way to die and no one would ever want to experience being electrocuted, and yet there are at least 1,000 deaths due to electric shock every year; most of them from an accident on the job. When it comes to the electrical trades, manufacturing and construction, the risk of dying due to electrocution or experiencing severe injuries is incredibly high.

The severity of the injury after electrocution tends to depend on a number of factors: the current and amount of the electricity, the route it took through a body and how long the current was flowing. For instance, high voltage shocks are usually more severe than low-voltage ones. Whatever the cause of the accident, or the course of the power surging through the body, the usual outcome is burns— at the point of contact with the source.

In most cases the initial point of contact with an electrical source is the feet, hands or head, which will mean the burns will be severe at the point of entry. On its way through the body, the current may also do some severe damage to body organs. Flame burns tend to ignite clothes and flash burns may occur to large areas of exposed skin. This usually happens when electrical arcing occurs.

Most burn victims find themselves taking a quick trip to the hospital and being taken to the burn unit. This is no time to try and second guess what is happening, as time is of the essence in cases like this. Burns that are severe and extensive will need treatment for a long time to come, not to mention rehabilitation. In many cases, burn victims are significantly disabled.

These and other reasons are why you definitely need to speak to a personal injury lawyer in order to secure compensation for your injuries. There is no way you would be able to survive financially with a long-term debilitating condition. The medical care alone would bankrupt you.

Something else to remember about electrical shock burns is that many of the victims are often thrown a fair distance due to the sheer force of the shock. This causes secondary injuries which may result in traumatic brain injury, fractures or spinal cord injuries. Neurological defects may also be a side effect that will last a lifetime; a defect either from the shock or from being thrown and hitting the head.

For those that survive an electrocution, they have a very long and hard road ahead of them. For those that don’t due to cardiac arrhythmia, the family may want to consider filing a wrongful death lawsuit. If you have been electrocuted or a member of your family is in this situation, talk to a personal injury lawyer. Give him the complete details of the case and let him assess the economic damages that may be recovered in such cases. You will need money to pay the medical bills, the therapy, the surgeries and damages to compensate for pain and suffering.

Finding out what your rights are is one of the most important things you can do, not only for yourself, but your family as well. If the electrocution happened due to faulty equipment, unsafe working conditions or third-party negligence, you are entitled to compensation.

The post When the Shock and Burn Are Significant first appeared on SEONewsWire.net.

Child Injuries and the Courts

admin — Fri, 11 Jun 2010 14:04:38 +0000

When a child is injured, the court appoints a friend or Guardian Ad Litem to speak for them. This insures justice is done for the child.

Injuries are fairly common when it comes to children. It’s just that the really severe injuries, the kind that mean a child’s life has been turned upside down, or has altered their future, need someone to speak on behalf of the child. The older a child gets, the higher the risk of accidental injury simply because they are more mobile and therefore exposed to more dangers: car crashes, motorcycle injuries, school accidents, defective toys or playground equipment, or poorly supervised and protected building sites or buildings.

The numbers of ways harm can come to your child is actually quite sobering. No one ever said that being a parent is an easy job. It comes with a built-in worry that something “bad” will happen to your child when you aren’t there to help. Or, that something bad happens when you are there, but there was nothing you could do to stop the hurt – such as a car accident.

Many people don’t realize that they have the right to file a personal injury claim as the result of injuries suffered by their kids. Once that has been done, a Guardian Ad Litem is selected by the court to investigate the case and make recommendations to the court. The lawyer basically acts in the best interests of the child and makes sure they get justice that they could not get for themselves.

In cases dealing with children, the courts consider the child as not being able to understand things the same way an adult does. They don’t realize the impact or danger of various situations. So, they are accorded the respect due to them as children and are allowed to remain kids while someone sticks up for their rights. Of note is the fact that personal injury cases that involve kids do have a time limit of three years, but the limitation period runs after the child has reached 18 years of age.

Another thing to be aware of is that the court must approve any compensation claims made in cases where children are the plaintiffs. What happens in instances like this is that the approval is given after all the evidence is closely examined. That would include medical documents and files, advice from lawyers and details relating to their financial loss. They will also meet the child before anything is finally approved.

The money is not usually given to the child. The net proceeds are often invested in a structured settlement, which will make guaranteed, tax-free payments to the recipient during early adulthood. Be sure your lawyer has many years of experience as plaintiff’s counsel and as Guardian Ad Litem in establishing structures for minors and incapacitated adults. There are some exceptions to this general rule of thumb in that if the court is convinced the child is in immediate financial need and the money will “only” benefit the child, it may be released.

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