The Reardon Law Firm, P.C.The Reardon Law Firm, P.C.2024-03-15T14:21:21Zhttps://www.reardonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301734/2020/02/cropped-512-32x32.pngOn Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501222024-03-15T14:21:21Z2024-03-09T04:20:44Zemotional strain caused by these types of injuries leads to anxiety and trauma.
The financial challenges
The financial challenges accompanying catastrophic injuries profoundly impact both the injured person and family members. Extensive, ongoing medical treatment can be exorbitantly expensive, even with insurance coverage. Typically, insurance companies cover a part of the immediate medical care, but they may not provide for long-term care or cover the full extent of medical bills. Significant expenses can include:
Immediate Medical Care: Emergency services, surgeries, hospital stays
Long-term Needs: Home care, medications, medical equipment
Unexpected Costs: Modifications for accessibility to living spaces and transportation
Lost wages are also a significant concern -- victims may be unable to work and may experience a decrease in earning potential. Chronic pain, emotional distress and the loss of enjoyment of life, which are difficult to quantify, can all further exacerbate the financial strain.
The emotional impact
The emotional toll of catastrophic injuries cannot be overstressed. When a loved one suffers from life-altering injuries like a severe head injury or spinal injuries, the sheer weight of their needs casts a profound shadow over a family's everyday life. The roles within the household shift dramatically, with family members often becoming caregivers, a responsibility that's as relentless as it is heartrending. The family may experience:
Grief: Mourning the life and abilities once enjoyed.
Caregiving Burden: There is a constant demand for providing physical and emotional support.
Relationship Strain: Changes in dynamics can lead to stress and conflict.
Emotional Distress: Chronic sorrow, guilt, and fear of an uncertain future.
Lifestyle Change: Abandoning personal ambitions to cater for the injured.
Previous hopes, dreams and everyday joys are replaced by daily care for the injured. The result: families are not just caring for someone with physical injuries; they're mourning the loss of a precious life irrevocably changed.
Securing Justice Through Legal Action
An attorney that regularly handles catastrophic injury cases can vigorously fight for what families rightfully deserve, ensuring justice and compensation for what has been lost. The victim may be entitled to compensation to cover ongoing medical treatment costs, emotional distress and chronic pain, and payment for loss of future earnings.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=500092024-03-04T16:58:27Z2024-02-27T04:40:31Z600,000 performed yearly. Ideally, the surgery gives the patient improved mobility, reduces pain and generally improves the patient's quality of life. Still, not every surgery is successful. While this can frustrate the patient, the unsuccessful surgery does not automatically mean they can file a successful medical malpractice lawsuit.
The plaintiff must prove negligence by the medical staff or the health care system. It could also involve the knee manufacturer (due to a malfunctioning or improperly designed knee) or another malfunctioning medical device used during the procedure. The malpractice involves greater harm to the victim. They can seek damages to cover medical expenses and lost wages. There is also damages for pain and suffering and a diminished quality of life caused by the negligence.
4 key elements to a lawsuit
The details of each case are different, but there are generally four elements that are necessary for a successful lawsuit. These are:
A professional relationship: There must be a formal relationship between healthcare professionals and patients. Consent is established using payment, paperwork and proper documentation in medical records.
A breach of duty: There must be negligence by medical professionals where they did not meet the established levels of standard medical care in the United States.
Additional harm: The knee replacement may not be successful, but there often needs to be complications caused by the surgery. Examples of this include severe infections, blood clots, nerve damage, errors with anesthesia, or implant malfunction due to improper installation.
Proof: The plaintiff must prove that they suffered physical, psychological and financial harm due to the negligence.
Help for the patient
A personal injury attorney with experience representing victims of medical malpractice involving knee surgery can also be crucial to a case’s success. Moreover, there are usually also expert witnesses, such as impartial medical doctors who conduct knee surgery and know the technical details as well as the recovery process.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501142024-03-04T12:49:06Z2024-02-23T08:48:51ZAttorney Kelly E. Reardon is managing partner of The Reardon Law Firm in New London.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501102024-03-04T12:49:11Z2024-02-22T04:55:50ZCommercial truck crashes
Unlike accidents with personal vehicles, where the driver is typically the sole party responsible, truck crashes can involve multiple liable parties. This could include:
Truck driver
Trucking company
Vehicle manufacturer
Entities responsible for the truck's maintenance
Entities responsible for loading the truck
Identifying the correct parties is crucial, as it can significantly impact the strategy and outcome of your lawsuit.
There are regulatory standards for commercial truck drivers
The violation of one or more of these regulations can be critical in establishing negligence.
Differences in damages and compensation
The scale of damages in truck crashes is often more significant than in crashes involving personal vehicles. Commercial trucks can cause substantial damage due to their size and weight, potentially leading to more severe injuries or fatalities. Consequently, the compensation sought in truck accident lawsuits tends to be higher, reflecting the greater losses in medical expenses, lost wages, and pain and suffering.
Insurance considerations: decoding the coverage puzzle
Commercial truck drivers are typically covered by their employer's insurance policies, which usually have higher coverage limits to account for the increased potential for damage. This is in contrast to personal vehicle drivers, who may have minimal insurance coverage. While this might suggest a greater opportunity for financial recovery, it also means dealing with more robust defense strategies from well-resourced insurance companies.
Attorneys still work on contingency
Filing a lawsuit against a negligent truck driver involves a labyrinth of legal considerations that differ from those associated with personal vehicle accidents. Regardless of whether the collision involves a truck or private vehicle, attorneys representing the plaintiff work on contingency, meaning they are only paid if they secure damages for their client.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501092024-03-04T12:49:19Z2024-02-19T05:16:57ZTypes of slip and fall injuries
While the type of injuries can vary, slip and fall accidents often involve the head, back and neck:
Head injuries: A fall can result in a mild concussion or a severe traumatic brain injury (TBI), depending on how the person lands. These injuries can have long-lasting effects, so victims should seek treatment immediately.
Back and spinal cord injuries: A hard fall can lead to herniated discs, fractured vertebrae, or even spinal cord damage, potentially resulting in chronic pain or paralysis.
Fractures: Slippery surfaces increase the chances of breaking bones. Wrist, hip, and ankle fractures are particularly common as people instinctively extend their arms to break a fall or slip sideways.
Soft tissue injuries: These can range from minor ankle sprains to severe tears in ligaments or tendons. You might only realize the full extent of a soft tissue injury days after the fall.
Cuts and abrasions: Ice and hardened snow can cause severe skin lacerations during a fall. While these may seem less severe, they can lead to infections if not properly treated.
Who is responsible for a slip and fall accident?
If you have sustained an injury due to a slip and fall on someone else's property, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering if the property owner or maintenance company responsible for clearing slow was negligent. An attorney can help you determine whether you have a potential claim for your injuries.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501082024-03-04T12:49:24Z2024-02-10T04:52:13Zhighlighted a crucial shortcoming: the current technology is more effective at detecting cars than it is at recognizing larger vehicles, such as trucks and buses, as well as smaller ones like motorcycles.
According to the IHLS's study of 160,000, today's systems reduce rear-end crash rates with medium or heavy trucks by 38% and rear-end crash rates with motorcycles by 41%, which are both well short of the 53% reduction in rear-end crash rates with other passenger vehicles.
The Disparity in detection capability improvements
The IIHS found that front crash prevention systems have become increasingly adept at identifying and responding to passenger cars. Still, the technology’s performance is less consistent for other types of vehicles. This discrepancy in detection capabilities poses a significant risk to car drivers and motorcyclists. Motorcycles, with their smaller size and different dynamic characteristics, go unnoticed more often by the sensors that are the eyes of AEB systems. Similarly, the unique profiles and movement patterns of large trucks can also escape accurate detection, leading to potential safety hazards on the road. Matching the 53% across the board would prevent an estimated 5,500 crashes with trucks and 500 with motorcycles.
Improving AEB Systems for all
The need for improvement in AEB technology is clear: vehicle manufacturers must prioritize enhancing these systems to protect all road users equally. The improvement entails refining the algorithms and sensors that govern AEB systems so they can more accurately discern the presence of motorcycles and large vehicles and react accordingly. Advancements in radar, lidar, and camera technologies, combined with more sophisticated machine learning models, should provide a solution.
Improvements are necessary
The IIHS's findings serve as a call to action for vehicle manufacturers to intensify their efforts in refining AEB technology. Motorcyclists can be difficult for other motorists to see, and larger trucks pose a higher likelihood of severe or fatal injuries. By improving the technology, manufacturers can ensure that all road users, regardless of their vehicle, enjoy similar protection. As we move towards a future of autonomous driving, enhancing such safety systems becomes imperative for preserving human life on our roadways.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501072024-03-04T12:49:33Z2024-02-02T06:32:39ZA vital part of the investigation
The investigative power of forensic science is crucial in laying out a strong case. Key components include:
Determining the cause of death: Autopsies and other forensic examinations by toxicologists or others are conducted to establish the cause of death. These findings are crucial in differentiating between natural causes, accidental death, and negligent or reckless behavior.
Evidence collection and analysis: Forensic teams meticulously collect and analyze evidence from the scene. This scientific approach ensures that investigators consider all relevant material when piecing together the events that led to the death.
Incident reconstruction: As discussed in a previous blog focused on motor vehicle crashes, forensic specialists can often reconstruct the events leading to death, providing a clearer picture of the incident. Reconstruction can be used in various circumstances (including boating accidents, workplace injuries, medical malpractice, or premises liability) and be pivotal in identifying the presence of negligence or foul play.
Forensic science in the courtroom
The plaintiff's legal team will use a law enforcement report as part of its investigation, but the team may also include expert witnesses or investigators. Attorneys may call upon forensic experts to provide testimony in court. Their insights, based on scientific analysis, can significantly influence the outcome of a wrongful death case.
The objective findings from forensic investigations lend credibility to wrongful death claims, often swaying jury opinions in favor of the bereaved family. It also provides concrete evidence instrumental in challenging the defense’s claims.
Provides closure
Forensic science provides the factual backbone needed to support such cases. By shining a light on the circumstances surrounding these tragic events, forensic evidence helps ensure that the accountable are held responsible, offering solace to the families affected by such profound loss. It also enables families to secure damages for the survivors, which can be vital in financially supporting the family as they turn the page.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501042024-03-04T12:49:40Z2024-01-26T05:13:09ZAccording to CNN, there is no federal reporting requirement in the US for these types of cases, so determining the exact number is not easy. A 2003 New England Journal of Medicine study determined that approximately 70% of the retained items are sponges. Other items that may be left behind are clamps and retractors. Sometimes items may be left behind for years before they are discovered, causing significant complications and painful symptoms.
Why does it happen?
Surgical instruments may be left behind during operations for many reasons. Emergency surgeries, distractions during procedures, changes during surgeries and high stress situations are more likely to result in retained items.
What kind of complications can RSI cause?
Retained surgical instruments can cause complications, especially when they are left for long periods of time. The body may form scar tissue and adhesions around the item, resulting in pain. Depending on where the item is left, gastrointestinal issues may arise, as well as infection. There have been cases in which patients have died due to infections caused by RSI.
Preventing RSI
Many studies and programs have addressed ways to prevent retained surgical instruments. Most Japanese hospitals require that imaging be performed before closure of a surgical wound, particularly during abdominal procedures. The American Association of Operating Room Nurses has recommended that sponge and instrument counts be performed at least five times during surgeries. Some hospitals use automated counting via sponges that have bar codes on them. Technology, such as radiofrequency-sensitive materials, helps to ensure that these items can be picked up on x-rays.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501022024-03-04T12:49:45Z2024-01-16T04:29:45Zrefer them to a neurologist trained in diagnosing and treating brain conditions and diseases.
Unfortunately, the GP may not always refer the patient, perhaps believing they can treat the headaches or symptoms themselves. Their actions can be mistakes that lead to increasingly dangerous complications. The GP misinterpreted the test results or missed the tumor during the initial testing, which means the cancer can spread because of a delayed or missed diagnosis.
This is medical malpractice
Physicians and other medical professionals are just as human as the rest of us, meaning they can make mistakes. Since the patient with severe headaches sought them out for help and treatment, the doctor or medical professional has a legal duty to give the patient the necessary care or refer them to someone who can. They may be guilty of failure to refer if:
They fail to provide a referral, which causes additional harm.
They fail to give a referral when others in their position would have done it.
The doctor may also be liable if they refer the patient to an unqualified doctor.
Holding them accountable
A personal injury attorney handling medical malpractice can hold the doctor, medical professional or medical provider liable for failing to refer the victim to a specialist. It is in the medical providers' professional and financial best interests to fight medical malpractice claims, so it is essential for victims or their families to get the legal support they need.]]>On Behalf of The Reardon Law Firm, P.C.https://www.reardonlaw.com/?p=501012024-03-04T12:49:50Z2024-01-13T04:24:25ZSalem Four Corners
The Four Corners intersection in Salem -- where Routes 82 and 85 meet -- is a good example. In 2012, the Connecticut Department of Transportation replaced the traffic signals at the intersection with a roundabout. Prior to then (between 2003 and 2008), there were an average of 22 collisions there every year. However, more recent data shows that, from 2018 to 2022, the number of collisions at the intersection dropped to an annual average of 10 (55% lower).
Rules for navigating roundabouts
Traffic circles or roundabouts have a long history that dates back to at least 1905 with the construction of New York City’s Columbus Circle. However, some drivers are still unfamiliar with how to safely navigate them and believe that some roundabouts are dangerous. At Hartford's Pulaski Circle, drivers complain that the lane markings are not clear and that there is confusion about who has the right of way. Driver confusion and stopping in the circle can cause unnecessarily close calls and collisions.
Roundabouts designed in the past few decades are smaller and tighter than older ones, forcing traffic to slow down and merge into single lanes before entering the circle. The main rules of navigating a roundabout are:
All traffic goes counterclockwise.
Drivers entering the circle yield to traffic already in the circle.
Roundabouts can help to avoid head-on collisions and t-boning. Even if there is a collision between vehicles, they are usually travelling more slowly, resulting in less severe collisions.]]>