Brain Injury News: Ohio State Football Player Found Dead After Head Injuries

The human brainThere was tragic head injury-related news out of Ohio this weekend.

Yesterday, two individuals sifting through a dumpster in Columbus, Ohio found the body of Ohio State football player Kosta Karageorge, who had apparently committed suicide.

Karageorge had been missing since Wednesday.  Earlier that day, he sent an ominous text message to his mother that his concussions have his head messed up, he left his apartment, and he had not been seen since then until his body was discovered.

I hope that Karageorge’s death is not in vain, but that he serves as a reminder of the importance of getting good mental health care following head injuries.  I often see people who have head injuries get a double dose of the mental anguish problem.

First, people with head injuries experience the confusion and mental health problems that result from the actual injury itself.  These symptoms can be severe and debilitating.

But head injuries are also an invisible problem.  With a broken arm or leg, friends and family members can see the injuries and can understand when you are hurt.  But head injuries aren’t like that.  Often, in addition to going through the stress and emotional consequences of the injury, injured persons also suffer additional emotional trauma from their friends and family members not really understanding that they’re hurt or the extent of their injuries.  This can only compound the problem.

If you or a loved one has sustained a brain injury, learn from this tragedy, and get the therapy or other assistance that you need.

 

 

Campus Rape Crises

As the father of a high school girl, the statistics about campus rape and sexual assault rates that scare me to death.  But the stories behind the assaults are much more troubling than the mere numbers.

This isn’t something that I would normally write about here, but it is something that is on my mind and something that I feel needs to be shared.

This week, Rolling Stone magazine released an article, A Rape On Campus: A Brutal Assault and Struggle For Justice At UVA, looking at the problems at the University of Virginia, and it is a compelling read on a huge problem. I think all parents should read it.

Unfortunately, this doesn’t appear to be an isolated event.  I did a simple Google search on “Campus Rape” and came up with too many stories and resources to count.  If you’re interested in reading more about the problem, some of the resources are:

In part, I’m encouraged that a conversation is starting in the country.  Perhaps that can help alleviate the problem.  I’m also heartened that lawyers are helping hold people and schools accountable in the process.

But I’m also disheartened by many of the things I’ve read, particularly in comments to articles:  people blaming the victims, people denying that a problem exists, etc.

I hope that colleges and universities and others take these matters seriously to protect my daughter, her friends, and others.

Posted on: November 25, 2014 | Tagged

What Should I Do After An Injury?

The most important thing you can do after your injury is to get the medical care that you need.  This is important on two grounds.  First, it’s obviously important for your health.  Going to the doctor as soon as possible gives the doctor an opportunity to either provide treatment or to send you to a specialist.   Going to the doctor and following the advice of your doctors is probably the most important thing to do to get better.

Second, going to the doctor(s) and following your doctors’ advice is important for your personal injury claim.  For a lot of insurance companies, your claim will be penalized if you don’t get to the doctor early, have a gap in treatment (fairly long time periods between doctors’ appointments), or you don’t follow your doctors’ advice.

The next thing you should do for your claim is to talk to a personal injury lawyer early.   There are several things that we can help you with early in the process that can affect the value of your claim.   If you wait until later to hire a personal injury lawyer, you’re potentially missing out on several steps that will likely affect the value of your case.

 

Posted on: November 24, 2014 |

May I Fire My Texas Personal Injury Lawyer?

firedWe frequently get contacted by injured persons wanting to know if they can fire their personal injury lawyer.

The short answer is “yes, you can fire your personal injury lawyer even if you’re paying a contingent fee”, but you still may end up paying the first lawyer.  Let me explain.

Texas contingent fees are governed by a 1969 Supreme Court case of Mandell & Wright v. Thomas.    In that case, the Court stated that when a client fires a lawyer who is working on a contingent fee without having good cause, then the lawyer can still recover the full contractual fee.

This means that if you have hired a lawyer and agreed to pay him 40% contingent fee, decide to fire the first lawyer and hire a second lawyer on an identical 40% contingent fee, then you could be paying 80% of your claim for attorneys’ fees.  So yes, you can fire your lawyer, but if you’re not careful, you could end up paying for that decision.

Having said that, these issues can usually be worked out.  When you call us and ask us about firing your current personal injury lawyers, the first advice is almost always to schedule an appointment with the prior lawyer, sit down face to face, and see if you can’t work through your differences.  In many cases, disputes are often just a misunderstanding, and communication between you and the lawyer can help both of you move forward.

I realize that can’t work in all cases.  For a variety of reasons, you might not be able to work with your current lawyer.

In most cases, if you simply can’t work with your prior lawyer, then we can try to work something out with the prior lawyer so that you’re not being charged two fees.   Sometimes, the prior lawyer may agree to give up his rights to the fee and expenses.  Sometimes, the prior lawyer may agree that he won’t collect a fee, but he would like to be reimbursed for his out-of-pocket expenses incurred in your case.  And in other cases, we will work something out with the prior lawyer to share the fee so that you are only charged one fee.  The particular circumstances in your case will dictate what agreement can likely be reached.

However, there are times when we’ll talk to your prior lawyer, and we can’t work out any agreement.  Those instances are difficult.  Depending on the circumstances, we may advise you take various steps, including investigating whether you might want to file a fee dispute with the Austin Bar Association Fee Dispute Committee.  Regardless, if we can’t work something out with your prior attorney, we will typically not take your case until that issue is resolved because we don’t want to be part of a matter where you might be paying two fees.
So long and short, yes you can fire your personal injury lawyer, but the best way to do it is to do it as amicably as possible to minimize the risk that you might have to pay extra attorneys’ fees.

Posted on: November 19, 2014 | Tagged

People Continue To Text And Drive

text messaging while drivingA new texting while driving survey done by AT&T found that 98 percent of motorists who text regularly know the dangers of texting while driving, but 75 percent of them admit texting while driving anyway.

That’s not surprising, in our practice, we regularly see people who are seriously injured because of people texting while driving.

The good news is that we’re finally seeing some things done about it.  The study results were released as part of an effort by AT&T to publicize a new phone app for AT&T customers that silences text message alerts and activates automatically when a person is moving 15 miles per hour or faster.    The DriveMode app will be coming to iPhones shortly and will soon be available to other carriers.

 

 

Concussions — IMPACT Testing For Kids

My son sustained a concussion last spring while playing baseball.  During that process, my son took a test called an IMPACT test to help diagnose the concussion and to help figure out when he had recovered sufficiently to return to normal activities. But our problem was that we didn’t have a baseline.  The IMPACT test works best if the kids have taken a pre-injury test (required by many school athletics departments) to be compared to the post-injury tests.  Since the pre-injury test only costs around $20, I’ve become a big proponent of encouraging kids to take the tests.

Recently, local news station KXAN ran a good story about the tests.  If you have kids, especially those participating in sports, I urge you to watch the story and to have the kids take the test.  You can watch the story below.

 

In Texas, No Justice For The Injured

The folks at Texas Watch have put together this great story on Texas’s medical malpractice reform.

What Are Symptoms Of A Concussion Or Brain Injury?

I often tell clients that they need to be on the lookout for brain injuries.   For some head injuries, the problems are obvious.  But in many cases, the problems are much more subtle.  As a result, many concussions or brain injuries go undiagnosed because a doctor doesn’t know you well and doesn’t see the symptoms.  Because of this, it’s important for you or your spouse or other family members to look for symptoms so you can convey that information to doctors.

Working on a case, I stumbled across this symptom chart from the Centers for Disease Controls that will help you identify potential brain injuries.  Hopefully, this will help you recognize problems so you can get the treatment and care you need.

Symptoms of concussion

Motor Vehicle Accidents: Do I have to provide a release of medical information to the insurance company?

We recently received an inquiry asking, “Do I have to provide a release of medical information to the insurance company?”

Generally, the answer is “no,” but for a more detailed answer, I need to know the type of case.

If you’re making a claim directly against the driver who caused the wreck, the answer is clearly “no.”  In that situation, we would almost never advise our clients to sign a blank release giving the insurance company full access to all of your medical records.  Instead, we’ll gather all of your medical records related to your wreck and forward them to the insurance company.

Now, once a lawsuit is filed, the insurance company will typically subpoena records from medical providers who you saw as a result of the wreck.  Additionally, if you have a history of a condition related to your injuries from the wreck, the insurance company might try and get your records from before the wreck.  But even in those situations, we’ll try and insist on a reasonable limit on what they obtain.

If you’re making a claim against your uninsured or underinsured motorist carrier or with your personal injury protection carrier, then you have a contractual duty to cooperate with the company.  If you don’t, you could be risking your benefits.  But even in those situations, when the insurance company asks for a release, we’ll try and work with them to provide a limited release.  For example, we might limit the release to those doctors who provided treatment from the wreck.  And if the insurance company wants past medical records, we might limit them to five years before the wreck.  The insurance companies will typically work with us to find some reasonable limits.

Again, there may be situations where you have a long-standing condition that makes things a little different, but for those most part, this is how we try and deal with requests for a medical release.

Head Injuries and Concussions — From Players’ Perspective

If you know me, you know I’m a huge University of Texas sports fan.  Because of that, I’m a huge fan of the Longhorn Network.  Usually, the stories just relate to my sports passion, but in light of David Ash’s retirement from football due to his repeated concussions, the LHN ran a great piece that talked with three former UT players about their battles with concussions.

Watching it, one thing that stood out to me was something that we see in our practice (and which the science backs up), and that is, once you have had a concussion (or multiple concussions), it takes a smaller impact to re-injure the brain.  Additionally, with a history of concussions, the symptoms appear to get worse.

If you have any interest in head injuries, concussions or sports, I highly recommend the story below.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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