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Epidural Steroid Injections and Discogenic Pathology

February 21st, 2012

Recently, Doctors in the NFL have turned to the use of Epidural Steroid Injections in the treatment of players who suffer from herniated or bulging discs with associated symptomatology.  A recent study reflects an 89% success rate of getting football players back on the field when they suffered from lumbar disc herniation and were treated with Epidural Steroid Injections. 

Acute lumbar disc herniations are common injuries among athletes participating in contact sports., Therefore, doctors are looking for non-operative or minimally invasive means to control pain management and get players back on the field.  A review was recently done of twenty-seven (27) NFL players that suffered from acute lumbar herniation. The average age of the subject was twenty-five (25) years old.  Of the twenty seven (27) players, thirty seven (37) injections were performed.  The most common injury was in the L4/5 area of the lumbar spine.  Of the players receiving injections, 89% were fit to go back on the field and resume play.  The players continued to play on average for at least three (3) seasons after receiving said injections.

The participating physicians concluded that epidural steroid injections were an effective tool in the pain management of acute lumbar disc herniation in athletes.  The success demonstrated just by shows the effective use of injections in the treatment of such injuries.  Clearly, if it allowed NFL players to perform at such a high level, this success may be correlated to the average person suffering from acute lumbar disc herniation. 

Clearwater Car Accident Attorney
A car accidents is the single biggest cause of acute lumbar herniation in adults.  The model of epidural steroid can be taken from the professional athlete study and applied to the general public to treat symptomatic lumbar herniations and bulges.  The diagnostic and pain relief benefits of such injections have shown to be highly successful and an alternative to lumbar surgery or at a minimum a tool to delay the need for surgical intervention by means of spine surgery.

At Dolman Law Group, all attorneys review the latest in medical data and studies to see how best to represent our clients at their time of need.  If you have been involved in an automobile accident and are suffering from neck or back pain please contact us at (727)451-6900 or bryan@dolmanlaw.com

-Bryan C. Hannan, Esq.

The Hidden Truth about Colossus

February 21st, 2012

The Hidden Truth about Colossus
Software utilized by Insurance Carriers to Limit the Value of a Claim

As a Clearwater Automobile Accident Attorney, we routinely deal with insurance carriers that have implemented software systems designed to mitigate the value of a claim.  A majority of insurance carriers utilize software to evaluate and determine settlement value in injury cases. Allstate among other insurance carriers began making use of Colossus to simplify what adjusters are evaluating. While Colossus may be good for data input, there is no way to directly tell what information the adjuster has input. Each insurance carrier utilizes its very own software system (many are derivatives of Colossus) that contains unique formulas.

Colossus does not consider every day life incidents, normal life activity, or other valid indications of pain and suffering. The major downfall of such software is that it’s not a starting point, but an absolute, final answer on the value that should be given to the injured.

How Prevalent is Colossus Among Insurance carriers
Insurance companies are not likely to disclose Colossus, and they will likely not tell you if they have licensed the software. According to Computer Sciences Corporation, the company that produces Colossus, it is used by more than 50% of the nation’s claim adjusters and by more than 300 insurance companies. Out of the top 20 US Property and Casualty Insurers, 13 are using Colossus see the link for reference Colossus.

CSC, Computer Sciences Corporation, maintains that Colossus can evaluate more than 600 type of injuries based on 10,000 different rules. This system allows adjusters will acquire a figure from Colossus software and then propose it to you to settle your injury claim.

Without human interaction there is no way Colossus can account for your emotional distress, the loss of consortium (relationship), or the loss of life experiences because you no longer can take pleasurable walks in the park, or ride a bike ride without feeling significant amounts of pain.  Unless all of your conditions are included, it should not be fair to measure all you have endured and reduce your settlement to a dollar value solely based upon factors that may not reflect your total condition.

Unfortunately, Colossus is designed to remove human emotion from the equation.  The software is limited in that it does not apply common sense to claims handling.  Rather, each individual criteria of the case (property damage, age of claimant, whether the client treated at an emergency room, etc…) is inputted by the handling Claims Adjuster and the software system inevitably spits out a number or settlement range.  The system fails to account for the number of “human factors” a jury will consider if the claim proceeds to trial.

Clearwater Automobile Accident Combats Colossus
As a personal injury attorney and civil trial lawyer, I routinely deal with claims in which the adjuster has deviated from the covenant of good faith and fair dealings that is implied in every insurance policy.  Colossus actually creates more problems for the applicable insurance carrier than it truly solves so long as the plaintiff attorney is committed to trying the case and obtaining a verdict in excess of the available coverage.  This sets up the inevitable deposition questions for the handling claims adjuster as to how they truly valued the claim and the manner in which they arrived at their settlement offer.

Matthew A. Dolman, Esq., is a Clearwater based automobile accident lawyer and principal member of the Dolman Law Group.  The Dolman Law Group is a Clearwater personal injury law firm located in central Pinellas County (ten minutes from St. Petersburg and fifteen minutes from downtown Tampa. The attorneys at Dolman Law limit their practice to first and third-party insurance claims stemming from a physical injury related to an automobile accident, motorcycle accident, insurance carrier bad faith, traumatic brain injury, premises liability, distracted driving, drunk driving, and wrongful death.  We maintain an active statewide litigation practice.  For more information, please contact: matt@dolmanlaw.com

Hollywood Movie “The Vow” Show’s the Effect of TBI

February 18th, 2012

As a Tampa traumatic brain injury attorney, I am often retained to represent individuals who have sustained significant closed head trauma. A traumatic brain injury can best be defined as an injury to the brain caused by trauma to the head.

Traumatic brain injury usually results from a violent blow or jolt to the head that causes the brain to collide with the inside of the skull. Mild traumatic brain injury may cause temporary dysfunction of brain cells. More serious TBI can result in bruising, torn tissues, bleeding and other physical damage to the brain that can result in long-term complications including neurological deficit or death.

Sadly, TBI is very common, occurring in 1.7 million people annually in the United States, according to the Centers for Disease Control and Prevention. The condition ranges in severity from mild concussions with no long-term consequence to severe brain damage leading to coma and/or death.

Traumatic Brain Injury is the Focus of a Recent Film

Hollywood is entering the national discussion about TBI with “The Vow” a movie inspired by real events that tells how a tragic case of TBI nearly destroyed the love between a married couple. In the film, a recently married young couple is in a catastrophic car accident that leaves the wife with serious brain damage. She has completely forgotten the past five years of her life. Since she met her husband more recently than that, he is now a complete stranger to her. He remains devoted, but she is confused: How could she have agreed to share her life, and her bed, with someone she has no memory of ever meeting? Still, the husband is determined to get his wife back, and they try to date again in hopes of reigniting the fire of love.

Classic example of Hollywood’s unbelievable take on life, right? Never could have happened… except that it did. In fact, many basic facts of the movie are based on the true story of Kim and Krickitt Carpenter. This film highlights a key point about medicine; the human brain and body are stranger than fiction. If you can imagine it, it’s probably happened, and a lot of things you’d never imagine have happened, too.

In fact, memory loss is quite common following a traumatic brain injury. It typically takes one of two forms.

Anterograde memory loss is the more common of the two. This type of memory loss is characterized by an inability to form new memories for a period of time after the injury.

Retrograde memory loss is less common. When this occurs, a patient becomes unable to access memories for things that have occurred prior to the head trauma. Usually this period of “lost time” is brief. But in unusual cases people can lose a year or more of memories, which accounts for the Carpenters’ story.

Recovery from a Traumatic Brain Injury (TBI) varies based on the individual and the brain injury. Attempts at predicting the degree of TBI recovery remain basic. Recovery can be seen months, and even years, after the initial injury. Devastating and fatal injuries can be easier to discover than other injuries.

These are the indicators the medical team uses for prognosis:

  • Duration of Coma. The shorter the coma, the better the prognosis.
  • Post-traumatic amnesia. The shorter the amnesia, the better the prognosis.
  • Age. Patients over 60 or under age 2 have the worst prognosis, even if they suffer the same injury as someone not in those age groups.

Recovery of brain function is thought to occur by several mechanisms. Some common theories:

  • Diaschisis. Depressed areas of the brain that are not injured but linked to injured areas begin functioning again.
  • The function is taken over by a part of the brain that does not usually perform that task.
  • Redundancy in the function performed so another area of the brain takes over.
  • Behavioral substitution. The individual learns new strategies to compensate for deficits.

A traumatic brain injury can have a pronounced effect on your quality of life including the ability to interact with loved ones and friends as well as the ability to work. Please contact a Florida traumatic brain injury lawyer for a free, no obligation, and confidential evaluation of your case. As a Clearwater personal injury attorney, I consistently deal with insurance adjusters, Florida insurance defense lawyers and even physicians who are unfamiliar with the mechanisms behind a TBI and the relationship between a closed head injury and whiplash. Many practitioners are mistakenly under the assumption that the head must strike an object with force in order to sustain a closed head injury. It is essential to retain an attorney who is not only familiar with TBI’s but also the latest science in this rapidly evolving area of medicine.

Pinellas County Traumatic Brain Injury Attorney

Dolman Law Group is a Pinellas County and Manatee County personal injury law firm that routinely handles claims and litigates cases involving closed head injuries as a result of an automobile accident. We actively litigate auto accident and motorcycle accident related cases in Pinellas County, Hillsborough County, Sarasota County, Manatee County and Pasco County. Located in central Pinellas County (Clearwater), Dolman Law Group is easily accessible to injury victims in St. Petersburg, Tampa, Palm Harbor, Dunedin, Safety Harbor, New Port Richey, Pinellas Park, Largo and Kenneth City. Our satellite office in Bradenton is easily accessible to all consumers located in both Manatee and Sarasota County.

For more information on the relationship between a brain injury and an automobile accident or motorcycle accident, please contact: matt@dolmanlaw.com or call Dolman Law Group at: (727) 451-6900. Matthew A. Dolman, Esq., Christian Myer, Esq., and Bryan C. Hannan, Esq., are experienced and aggressive Florida traumatic brain injury attorneys who are often called upon by their colleagues to co-counsel head injury cases throughout the State of Florida.

When Will Florida Ban Cell Phone Use To Curb Distracted Driving?

February 15th, 2012

As a Clearwater distracted driving attorney, I have seen far to many injury victims who have suffered physical harm as a result of an inattentive driver.  Currently, Florida has no law prohibiting or restricting drivers from sending text messages or using cell phones while operating an automobile. Florida Statute does not require the utilization of hands-free devices in an automobile. Drivers are free to use cell phones while operating a motor vehicle.  In the past three legislative sessions, bills seeking to ban drivers from the use of mobile phones while operating a motor vehicle have failed to pass through both the Florida House of Representatives and Senate.

Any driver who spends time on the roads throughout Florida can clearly see just how hazardous texting and driving is.  Distracted drivers routinely weave in and out of their respective lanes and often fail to yield to traffic devices as a result of being inattentive. Florida has not yet joined the many states that have made it a point to issue a traffic citation to those who chose to text and drive.

When will the state provide law enforcement more tools to curb the harm caused by those who willingly operate a motor vehicle while taking their eyes off the road and devoting their attention to text messaging. There are currently four “distracted driving” bills that have been filed for the 2012 legislative session. However, this is not the first year that the Florida legislature has refused to pass a new law that restricts cell phone use.

Last year, the Florida Legislature rejected 18 (eighteen) different projected bills that related to driving and cell phone use. Just this year, Governor Rick Scott vetoed a bill that would have required the U.S. Department of Motor Vehicles to provide education on the dangers of electronic distracted driving. Apparently, even educating the drivers of our state on how unsafe cell phones can be while driving was just too much government for out Governor’s liking.

The Florida Highway Patrol (FHP) recently conducted a study on cell phone use by drivers, and their findings are consistent with other studies conducted across the country. The FHP found that drivers who talk on their phones while driving are four times more likely to be involved in an automobile accident. They found that cell phone use was the prime contributing factor in seven fatal auto accidents in our state in 2010, citing instances where talking or texting was the proximate cause of the accident. They freely admit cell phone use is the likely culprit or contributing factor  to many additional accidents and fatalities. FHP Lt. Bill Leeper cited the difficulties of singling out cell phone use in auto accidents. “A lot of times, you can’t prove it,” he said. However, he opined that the problem may grow worse in the coming months and years, stating “it is increasingly becoming an issue because of the number of people who have cell phones. Texting has become even more dangerous,” he said.

Although distracted driving is certainly not a new occurrence, the variety of tasks people can perform with a phone keeps expanding. Whether texting, checking e-mail or scrolling through menus and social medial applications m, drivers with eyes anywhere but on the road run a clear risk of causing very serious injuries or a tragic wrongful death.

The repercussions of car accidents caused by texting and cell phone use are clear. Many cell phone-related crashes occur at highway speeds and are worsened by the negligent driver’s very late reaction or failure to brake at all. Commercial truck drivers who engage in distracted driving are guilty of violating federal regulations. The challenge is proving this extreme irresponsibility has occurred.

Florida Distracted Driving Attorney

Matthew A. Dolman, Esq., is an experienced personal injury attorney and routinely handles texting and driving related negligence claims. Dolman Law Group is a Clearwater based personal injury law firm serving the greater Tampa Bay area.  The attorneys at the Dolman Law Group understand the nuances related to proving the negligent party was texting and driving at the time of the auto accident.  Further, we take great pride in combatting the act of texting and driving and it is our goal to zealously litigate claims related to distracted driving.

For more information on the danger of texting and driving or if you been injured as a result of the negligence exhibited by a distracted driver; please email me at: matt@dolmanlaw.com or call the Dolman Law Group at: (727) 451-6900.

The Severities of Just Totaling You Car

February 14th, 2012

After a car accident the first thing I ask, “Are you ok, how bad is the car?” Far to often they respond, “I’m ok, but the car is totaled.”

Its hard to believe that a 3,000 pound automobile is completely torn apart beyond repair, but the 100-200 pounds of human body inside is perfectly fine. Unlike a car, your body is something you cannot trade in. Damages do not magically go away and the longer you wait to seek medical attention the more internal damages you could be potentially causing yourself.

Sadly, most people think that you have to see or feel immediate injury. WRONG! I guarantee they had their car fixed before they used it again because it was “unsafe” whether they could “see the damage” or not.

Whiplash is a sudden forward and backward movement of the head after a hit or fall. This can cause postural abnormalities and joint dysfunction. Recent studies have shown the damage to the back and neck from a forceful blow, a motor vehicle accident (MVA) or a fall may either be felt immediately, not for hours, or sometimes not for years.

When someone leaves an injury untreated resulting changes may begin to occur in the spine. The soft tissue and bones of the neck will cause pain, muscles will become fibrotic or less pliable, scarring will develop in the tendons and ligaments and there will be degenerative changes in the spine.

It is imperative that you get checked out immediately following a car accident or fall. Left untreated the muscles will remain tight and adapt to this new position. This will alter your Range of Motion (ROM); the spine will wear unevenly and lead to degeneration due to the atypical stress. These are the people who have symptoms years after an auto accident and don’t grasp the connection.

Whiplash Injuries Can Cause Irreversible Ligament Damage

Ligaments provide structural stability within the spine.  Ligaments connect bone to bone and are connective tissues made up of collagen fibers.  During whiplash the ligaments in the neck are overstretched which results in a sprain.  Overstretched ligaments can actually tear and often they fail to heal properly if at all. A violent stretching of the cervical ligaments can cause damage to the nerve receptors within the ligament.  Long-term studies of whiplash victims displays substantial weakening of the ligaments and often manifests in altered joint motion.  Numerous long-term studies of automobile accident victims who suffered whiplash mechanism injuries illustrate permanently altered and weakened cervical spines.

Florida Whiplash Attorney

The attorneys at the Dolman Law Group are experienced in combatting insurance carriers on automobile accident whiplash claims throughout the State of Florida.   Insurance carriers scrutinize whiplash and other soft tissue related injuries and many law firms simply attempt to settle such claims for pennies on the dollar.   At Dolman Law Group, we routinely litigate whiplash and other soft tissue related claims throughout Florida.  

Unlike your car, your spine is something that you will have to live with your entire life, do not ignore what you cannot see. Make sure to get professional help immediately.

Bakersfield Motorcycle Accident Attorneys Have the Experience Injured Riders Need

February 13th, 2012

Many of you know I am a motorcycle rider’s friend.  In fact, I am a motorcycle lawyer’s friend too.  In my never ending quest to help educate consumers, gues speaker, Michael Ehline, of Ehline Law firm PC volunteered this great article about the desert city of Bakersfield, California, where speeds can fast approach 100 on the un-congested roads. Ehline says that: Bakersfield motorcycle accident attorneys have the experience injured riders need and the skills to deal with complex litigation that happens, when holding the negligent party responsible. The biker that was injured in a collision with motor vehicle, injured due to a defective part or design, or the rider that was injured due to roadway conditions will need the representation of the motorcycle crash lawyer.

When a motorcycle accident happens, the rider in most cases is seriously injured, since they are traveling even at a slow speed, without much protection. The protection that a rider has is their helmet, possibly gloves and other articles of protective clothing and boots. That is not much protection from the pavement that they will hit when involved in a collision. This is why it is not uncommon for the motorcyclist that is involved in a crash to suffer traumatic head injuries, internal injuries, broken bones, spinal cord injuries, neck and back injuries, severe gashes, cuts and skin abrasions. When the motorcycle accident involves a motor vehicle, the driver that caused the accident in which the biker was seriously injured normally does not even suffer bruising. There are many motorcycle accidents that, while the driver of a vehicle is does not suffer any injuries, the motorcyclist suffers critical injuries that are fatal.

The injuries that the motorcycle rider suffers will mean that they will be hospitalized; there could be surgeries necessary, skin grafts, therapy and rehabilitation. This will mean that the biker is unable to work and it can be stressful financially for them and their family, due to the actions of another person, manufacturer or roadway agency. This is when the injured biker needs their rights protected by the Bakersfield motorcycle accident attorney that will ensure that the accident is thoroughly investigated using experts, that the lawsuit is filed within the required amount of time and that has expert litigation skills. The motorcycle rider that has been injured due to the actions of another party deserves to be compensation and to hold the negligent party legally responsible.

When the motorcyclist is fatally injured the family has the legal right to hold the negligent party accountable and the Bakersfield motorcycle accident attorney will file a wrongful death lawsuit, since the actions of the negligent party is what led to the riders death.  If you were injured and need help in Bakersfield, contact Ehline Law Firm PC at:

4900 California Avenue Tower B #2
Bakersfield, CA 93309
(661) 846-2775
(888) 400-9721

 

These guys are experienced and aggressive injury attorneys for California cities like Redondo Beach, Laguna Beach, San Francisco, San Diego, and Manhattan Beach, just to name a few.  Don’t let the statute of limitation expire in your civil cases.

Palm Beach Wrongful Death Case Takes A Bizarre Turn

February 10th, 2012

On February 12, 2010, John Goodman, founder of the International Polo Grounds, ran a stop sign and crashed his Bentley into Scott Wilson’s car and left the scene by foot. Goodman is a wealthy socialite and heir to a fortune. By the time help arrived, twenty-three (23)-year-old Scott Wilson had drowned, his Hyundai capsized in a drainage ditch at the scene of the crash. His car was pushed from the site of impact into the drainage ditch and the young man sadly could not escape his car in time.  Goodman was intoxicated and willingly drove his car drunk that evening.  His decision to operate his vehicle while intoxicated illustrates his willful decision and lack of regard for the safety of other motorists.  His decision to flee the scene of the car wreck is abhorrent behavior that shows us what kind of person Mr. Goodman truly is.  As a Florida drunk driving victim attorney, I can tell you first hand that these senseless tragedies occur far too often. 

Goodman is now making an unusual legal move in the wrongful death lawsuit being brought against him by the man’s family. He has ironically adopted his own girlfriend. Heather Laruso Hutchins, 42, is legally John Goodman’s daughter and girlfriend as of October 2011. The Florida newspaper reports that the Wilson family attorneys have deemed the adoption as a stunt to protect Goodman’s wealth from being exposed to a verdict. Circuit Court Judge Glenn Kelley had previously ruled that the trust set up for Goodman’s two minor children would not be considered as part of Goodman’s financial worth. Therefore, if Hutchins’ name is in the trust, she would be entitled to one third of it and since she is not considered a minor she would be entitled to her money immediately and could share it with her boyfriend who ironically caused the death. This situation has picked up the attention of the national media. The Judge has stated the proposed adoption “take(s) the court into a legal twilight zone”.

Not only is Goodman making quick decisions but he is also trying to convince the Wilson family that he is worth much less than people perceive him to be. “Plaintiffs view the adoption of Ms. Hutchins as a ‘game-changer,’ and as grounds to now include the assets of the children’s trust, at least in some fashion, in the punitive damages calculation,” Judge Glenn Kelly wrote in a court order. Florida state adoption attorney Charlotte Danciu said that Goodman adopting his girlfriend may not be strictly legal. Adoption means the act of creating the legal relationship between parent and child where it did not exist. Unless you intend to create the parent-child relationship, you are violating the letter of the law.

Goodman faces a criminal trial on March 6 for charges of DUI manslaughter, vehicular homicide and leaving the scene of a crash, with a maximum penalty of 30 years in prison if convicted. The civil wrongful death trial is scheduled for March 27.

“Nothing in this arrangement with Ms. Hutchins is illegal,” Goodman’s attorney Daniel Bachi says in a statement. “Everything that has been done by Mr. Goodman was done with the intention to preserve and grow the assets of the Trust for his two minor children, even should he personally be unable to continue his historical role in achieving these goals.”

We will continue to follow this story and update you on our blog through the conclusion of trial.

Clearwater DUI Victim Attorney

Matthew A. Dolman, Esq., is a Clearwater based Personal Injury Attorney who limits his practice to first and third party insurance claims relating to an auto accident, motorcycle accident, traumatic brain injury, catastrophic injury, spine injury, insurance carrier bad faith, and wrongful death. Matthew also represents victims of drunk driving related automobile accidents.

Dolman Law Group is a Clearwater based personal injury and civil trial law firm with satellite offices in Bradenton and Melbourne.  The attorneys at Dolman Law Group represent plaintiffs only and do not nor will they represent insurance carriers.  Dolman Law Group actively litigates personal injury lawsuits in the following counties; Pinellas, Pasco, Hillsborough, Polk, Manatee and Sarasota. 

For more information on Dolman Law Group, and the rights afforded to personal injury victims in the State of Florida, please call Dolman Law at: (727) 451-6900 or email matt@dolmanlaw.com

Study Proves Extra Weight Contributes to Damaged Spines

February 10th, 2012

As a Clearwater personal injury attorney, my blog is meant as an educational tool to my clients.  I recently came across an interesting but disturbing article concerning the link between obesity and correlation to the susceptibility to a damaged spine as a result.  Insurance carrier often rely upon obesity as an excuse as to why my clients have suffered tremendous low back pathology as a result of an automobile accident.  In fact, physicians retained by insurance carriers (typically for the purpose of an independent or compulsory medical examination) often assert that my client had pre-existing lower back pathology as a result of being obese. 

The United States is the most obese country in the world with over 34% of the adult population classified as overweight. Most people know that obesity contributes to the development of coronary heart disease, diabetes, high blood pressure, and colon cancer. However, did you know that obesity is a contributing factor to back pain? Being overweight or obese can significantly contribute to symptoms associated with osteoporosis, osteoarthritis, rheumatoid arthritis, degenerative disc disease, spinal stenosis, and spondylolisthesis. 

In a recent study, 2,600 volunteers aged 21 to 63 were recruited and had their weight and height measured to calculate their body mass index (BMI). The test subjects underwent MRI scans of their spine. The study shows that the average BMI for people without disc damage was in the normal range, and the average BMI of people with disc damage was in the overweight range. The study also showed that when looking at the extent of damages to discs, they found that damages tended to increase in line with people’s BMI, so that higher BMI tended to go hand in hand with worse damage. Being classified as obese repeatedly gives you a 70% increase in your chance of having severe disc damage, compared with people with a normal BMI.

How Obesity Makes You More Susceptible to Lower Back Pain

The spine is designed to carry the body’s weight and distribute the loads encountered during rest and activity. When excess weight is carried, the spine is forced to absorb the burden, which may lead to injuries. One region of the spine that is most defenseless to the effects of obesity is the low back; the lumbar spine. It is common for people to assume back pain is linked with the process of aging, and it is true that with age body tissue can cause change to the spinal structure. However, if you are overweight or obese, chances are you have, or will have, back pain.

If you want to protect your spine from harm, it’s a good idea to keep your weight in a healthy range. Physical activity is extremely important and the most often prescribed treatment for spine health since back joints and discs rely on motion to keep them healthy. Lack of exercise and bodily conditioning leads to poor flexibility and weak muscles in the back, pelvis, and thighs. This can increase the curve of the lower back, causing the pelvis to tilt too far toward.

If you are experiencing lower back pain it might be hard to get motivated and start an exercise program to lose the weight needed to help maintain a healthy back and relieve your pain. Talk to your doctor to help develop the right exercise program for you. Your back will be reaping the benefits of physical activity while also improving your overall health.

Keep in mind that if you are the victim of an automobile accident or motorcycle accident, the insurance carrier for the adverse party will pry through your medical records to inquire as to whether or not your obese.  Insurance carriers look for any excuse not to pay and if they can at least create a doubt as to whether the auto accident did in fact cause the injury complained of, they are in a much stronger position.

Matthew A. Dolman, Esq., is a Florida Personal Injury Attorney and civil trial lawyer who limits his practice to first and third party claims relating to an automobile accident, motorcycle accident, TBI, insurance carrier bad faith, catastrophic injury and wrongful death. Matthew also specializes in greater Tampa Bay area drunk driving victim claims.

Dolman Law Group is a personal injury and civil trial law firm based in Clearwater, Florida. Located in central Pinellas County (ten minutes from St. Petersburg and fifteen minutes from Tampa), the attorneys at Dolman Law Group represent only consumers and never will or have ever represented an insurance carrier. We routinely litigate personal injury claims throughout the State of Florida and actively represent plaintiffs in Pinellas, Hillsborough, Pasco, Manatee, Sarasota and Polk County. Dolman Law Group serves the following cities; Clearwater, St. Petersburg, Largo, Pinellas Park, Palm Harbor, Safety Harbor, Dunedin, Ozona, Tarpon Springs, Tampa, Carrolwood, New Tampa, Oldsmar, Trinity, New Port Richey, Bradenton and Sarasota.

Is the NFL Liable for Brain Injuries to Former Players?

February 7th, 2012

Retired players claiming to have suffered a traumatic brain injury as a result of repeated concussions sustained during their playing careers have begun taking action against the N.F.L. The NFL has recently been under siege of roughly three hundred lawsuits alleging negligence and intentional misconduct as attributed to the headaches, dizziness, and dementia that the players reported.  A degenerative brain disease called chronic traumatic encephalopathy, referred to as CTE, has been found in the autopsy of more than a dozen NFL and NHL players.  The NFL is zealously defending against such claims and the inherent correlation between the injuries and years of untreated closed head injuries.  The NFL has taken the position of attempting to throw out the lawsuits saying it is in direct conflict with the collective bargaining contract between the league and players.

A Miami based law firm has filed a class action lawsuit on behalf of 137 NFL players, alleging that the NFL withheld information vital to player safety when the athletes suffered concussions and other head trauma during games.  The lawsuit also alleges that the NFL “hand-picked” physicians to down play the signifance of concussions in games, particularly after prior concussions had been reported. 

This litigation is going to be a long drawn out battle between the NFL and the retired litigants.  The league has taken up a strong defense, pointing out the ever changing rules to increase player safety and the independent doctors appointed to teams.  The number of retired players with head trauma related illnesses seem to keep growing, so this problem isn’t going away anytime soon for the NFL. 

Bryan C. Hannan, Esq., is a Florida Personal Injury Attorney and civil trial lawyer who limits his practice to first and third party claims relating to an automobile accident, motorcycle accident, TBI, insurance carrier bad faith, catastrophic injury and wrongful death.

Dolman Law Group is a personal injury and civil trial law firm based in Clearwater, Florida.  Located in central Pinellas County (ten minutes from St. Petersburg), the attorneys at Dolman Law Group represent only consumers and never will or have ever represented an insurance carrier.  We routinely litigate personal injury claims throughout the State of Florida and actively represent plaintiffs in Pinellas, Hillsborough, Pasco, Manatee, Sarasota and Polk County.  Dolman Law Group serves the following cities; Clearwater, St. Petersburg, Largo, Pinellas Park, Palm Harbor, Safety Harbor, Dunedin, Ozona, Tarpon Springs, Tampa, Carrolwood, New Tampa, Oldsmar, Trinity, New Port Richey, Bradenton and Sarasota.

Understanding What Cruise Ship Disclaimers Include and What Rights You Give Up

February 4th, 2012

Here is a great checklist by our friends over at Ehline Law Firm PC in Los Angeles, CA.  As California premier cruise ship accident attorneys, we are always interested to see what they have to say about their perspective on maritime issues. Michael Ehline, lead personal injury lawyer, says that it has been approximately three weeks since the Costa Concordia cruise ship ran aground putting an approximate 160 gash in the hull of the luxury liner causing it to sink off the Italian cost. There were at least 17 people confirmed dead and still about 15 people missing in this disaster. The ship carried approximately 3,000 passengers and 1,000 crew members that have suffered physically and emotionally. During the coming weeks and months the passengers and families, as well as the cruise line will begin delving into the legal issues that were caused by this accident. Currently there are many passengers that have joined a class action lawsuit against Costa Cruise, Inc. Within the first week there were said to be as many as 70 passengers that had joined the class action lawsuit.

One of the issues that will arise as victims of the luxury liner accident will face as they attempt to recover damages for their losses, which will be if they signed any rights away when purchasing their tickets and boarding the ship.  In some cases, the claim will be the loss of possessions and then there will be the more serious injury claims and wrongful death claims by the families that lost loved ones. The fine print on the ticket can include the company’s liability and the passengers ability to recover, along with how disputes are resolved. This fine print is there to protect the company and the person purchasing passage on a cruise ship often does not pay close enough attention. The question is, this fine print that is to protect the cruise ship company, is it enforceable.

Fine Print the Cruise Ship Ticket Buyer Should Read

The fine print that the cruise ship ticket buyer should read, but often does not pay close enough attention to includes:
Liability Limitations: The passenger that might be able to recover compensation will find in the fine print that it will include the highest limit of the amount of money that a passenger can recover.

  • Time Limitations: The law has time limitations on the amount of time the victim or in this case the cruise ship passenger has to file a legal claim. When this legal claim is filed against a cruise ship owner the time limit can be as little as six months from the date of the incident or accident.
  • Jurisdiction: Cruise companies operate internationally and even though you can buy a ticket locally or the Internet from home, filing a legal claim can be a different story. The purchase of the cruise ship ticket locally does not mean if there is an incident or accident that the legal claim can be filed locally. The lawsuit might have to be filed and heard in a city with a major U.S. port where the cruise company has their headquarters.
  • Forum Selection Clause: This is the location that a passenger is able to file their lawsuit, in the fine print and could name a specific city. That makes it convenient for the cruise line determining the location that a passenger can file a lawsuit, but not necessarily for the passenger that lives elsewhere, even another state.
  • Law Clause Choices: This is when the court will determine what law will govern the lawsuit. This is another way that the cruise line company protects itself, rather than the rights of the passenger. This will be in the fine print and can be that the laws of the Bahamas, Mexico, Italy or another country’s laws should govern lawsuits filed against them. What this means is filing a lawsuit in the United States, the passenger might not have U.S. laws protecting them.
  • Mediation and Arbitration: The cruise ship passenger that is injured onboard a luxury liner will want their day in court. This might be a problem, since often in the fine print it will claim that passengers agree at the purchase of the ticket that any disputes will be resolved through mediation or arbitration, instead of by a jury trial.

The fine print of the cruise ship passenger ticket puts the passenger at a disadvantage before there have been any incidences or injuries. The rules for disputes have been outlined for the passenger at the terms at the cruise lines complete advantage. The one thing the passenger does have in their favor is when an accident, incident or injury does occur not all of the terms will automatically be upheld, especially in the accident or injury that occurred due to intentional misconduct or extreme negligence on the part of the cruise line or their employees.

Boarding a cruise ship means that the passenger is putting their vacation in the hands of the cruise line and this can be appealing for many people. This is a way to have meals, travel, sightseeing, accommodations and entertainment all taken care of without any effort, while on vacation.  The down side to this is that the passenger is putting their safety, well-being and virtually their life in the hands of the cruise ship company.

When there is an incident, accident or injury, like food poisoning, a dangerous evacuation or other incident the question of liability will arise. This is when the fine print on the passenger’s ticket will come into play and can have a direct result on the passengers rights. This has been a free legal resource from the Costa Concordia accident attorneys at Ehline Law Firm PC 633 West Fifth Street 28th Floor, Los Angeles, CA 90071. 213.596.9642.

 
Matt Dolman, Esq. has successfully handled in excess of 1000 personal injury claims to date.
 
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