Brain Injuries: New Study Finds Even One Concussion Can Have Lasting Effects

The human brainMany of us that deal with these injuries routinely have suspected it, but a new study confirms that even one concussion can have lasting effects.

The study was based on extensive data on the health of people in Sweden.  The researchers found 104,000 people who experienced head injuries between 1973 and 1985.  The researches then looked at the these brain injured persons’ records after their injuries and compared those results with the results and history of the siblings of the brain injured persons.

The researchers found that persons who had even one concussion were more likely to receive future disability payments, more likely to need mental health care, less likely to graduate high school, and much more likely to die prematurely.

The researchers also found that the problems increased significantly if the person had more than one concussion, and if the persons had their head injuries after the age of 15.

The good news is that most of the people who had just one concussion were fine.  But people who have suffered concussions will still have to worry about what their future must hold.

The article also noted that the leading causes of brain injuries are what we see often in our practice.  For the very young, the leading cause of concussions is falls.  For teens, the leading cause becomes sports.  And for adults, the leading cause of brain injuries is car wrecks.

If you or a loved one has experienced a concussion or other brain injury because of another person or business’s carelessness, call us at (512)476-4944.  We will try to help you navigate the difficult process of pursuing your claim.




Brain Injuries: Risk Of Suicide May Increase Three Fold After A Concussion

brainI’m part of a nation-wide group of lawyers who regularly exchange articles and other information with one another about brain injury cases.

This week, we were having an online discussion about suicide, and we shared a study from earlier this year finding that persons who have suffered even a single concussion may be at a much higher risk for suicide.

What really struck me is how these risks apply to my clients.

In a Scientific American article about the study, Dr. Donald Redelmeier, one of the study’s lead authors stated:

The typical patient I see is a middle-aged adult, not elite athlete.  And the usual circumstances for acquiring a concussion are not while playing football; it is when driving in traffic and getting into a crash, when missing a step and falling down a staircase, when getting overly ambitious about home repairs — the everyday activities of life.

These are the things we routinely see in our practice. Over the last year, I’ve represented clients who have had brain injuries in car wrecks, bicycle wrecks, slip-and-fall accidents, and more.

Too often the diagnoses of these injuries is slow, and in many cases, not recognized until very late in the process.   This delays the treatment, including the psychological treatment, that clients need to help them start the road to recovery from these devastating injuries.


No Pokemon (ing) While Driving

Fairly typical questions we ask and investigate in car wreck cases are whether the driver was distracted by talking on the phone or texting while driving.  Now, I might have to start another series of questions after the introduction of Pokemon Go.

Pokemon Go is an app game that was released a few days ago, and it’s already taking over the virtual worlds of kids and young adults.

But this morning, I was alerted by a reporter acquaintance that the new game is also quickly becoming a driving hazard.  A quick twitter search confirmed his fears.

I’m inserting a few of the concerning screen shots in the post.  Needless to say, don’t play PokemonGo or engage in other distracting conduct while driving.  Keep yourself focused while driving so your ultimate time for Pokemon isn’t cut short.

IMG_6907 IMG_6908 IMG_6909 IMG_6910 IMG_6911 IMG_6912 IMG_6913 IMG_6914 IMG_6915

Mediation/Settlement Lessons From An NBA Trade

basketballI’m not a huge NBA fan, but over the last few days, I have been listening to a variety of talk show hosts discuss the trade of former NBA MVP Derrick Rose from the Chicago Bulls to the New York Knicks in exchange for a few of the Knicks’ players.

Normally, that wouldn’t be all that news-worthy, especially in the lawsuit context.  But one of the commentators made a point that was familiar to me.

When this commentator was asked who got the better part of the trade, the Bulls or the Knicks, the commentator laughed and said, “You know, both of the fan bases are pretty unhappy with the trade, which tells me that it was probably a pretty fair trade.”

I laughed to myself when I heard that because that’s advice I find myself giving a lot of clients.  In most settlements, the plaintiff settled for less than they really wanted, and the defendant paid more than they really wanted.  And I usually tell clients that when that happens, it’s a pretty good indication that the settlement is a fair settlement.

Now, that’s not to say that we never have a negotiation or settlement where we feel like we’ve been overly-compensated, but it’s rare — insurance companies aren’t in the business of just handing out money.  And in NBA or NFL or MLB trades, there are some trades where you can look at the deal and know that one side was really coming out much better than the other.

But more often than not, in most trades and in most settlement negotiations, both sides usually end up walking away a little disappointed, and that’s usually a signal that it was probably a pretty fair result.


Posted on: June 24, 2016 | Tagged

Another Tragic Wreck on Highway 290

This afternoon, there was a terrible wreck on Highway 290 in McDade.  Details are still coming in, but it appears that four people have died, including two children.

Unfortunately, this is only the latest tragedy along Highway 290, which seems to be becoming more and more dangerous.  For example, three people were killed about a month ago about one mile from the site of today’s accident.

And we represent a client involved in a fatal collision on Highway 290 just down the road in Giddings.

I guess we shouldn’t be surprised by the increasing number of serious accidents on Highway 290.  Both Houston and Austin are going in population, and Highway 290 remains one of the two major arteries going back and forth between the two cities.

Unfortunately, the roadways don’t seem to be keeping up with the population growth.  One result will be the increasing number of wrecks that we’ve been seeing.

For now, the best advice remains the same advice applicable everywhere:  (1) drive safe speeds; (2) avoid distractions in your car; and (3) lookout for others.

Lessons From A Self-Driving Car Wreck

Last week, Google reported on a new wreck involving one of its self-driving cars.  Google is trying to sell this as the first wreck involving its self-driving cars, but reports of other wrecks are out there.

Regardless, a new article from a computer/tech writer brings out one of the important issues with self-driving cars — you can’t program intuition.

And tuition is really important when driving.  My daughter is about to turn 16.  As we’re teaching her to drive, we spend a lot of time talking about anticipating what’s going on around us.

Intuition plays a big part of that.  You might not think that, but we all know it.

Some of it is obvious.  We can see a driver who might be drifting in his lane or driving aggressively, all indications that we need to watch them.  Or we can be driving downtown and see the pedestrians on the corner and ascertain whether they’re paying attention or whether they’re staring at their phones.

But it’s even beyond that.  In many instances, drivers develop intuition that helps the drive more safely even when we don’t know it.    We’re able to see a driver and, not really knowing why, know that we need to watch out for them.

Computers can never do that.  As the author writes in the article:

Yet, the dirty little secret here is that, while artificial intelligence has many advantages over a human driver (it can look in all directions at once, it can use multiple sensors, it never gets distracted), it could be another 20 years before robots can muster something that humans posses even from a very young age.

I’m talking about intuition, of course. It has a few other names — a “feeling” or a vibe, a sixth sense, or an awareness that’s incredibly difficult to program into a robot.

There are a lot of great advancements in technology that have made driving safer:  backup cameras, lane departure warnings, blind spot warnings, automatic braking when you might be close to a wreck.  And I appreciate them and am glad for them having seen the devastation that wrecks can cause, but I’m very skeptical about self-driving cars and the problems that they might bring.



Another Central Texas Wrong Way Driver Wreck

Early this morning, a driver driving the wrong way on IH 35 near Kyle (where I grew up) caused a wreck that killed four people and injured two others.

In this instance, the wrong way driver was driving southbound in the northbound lanes of IH 35 at the Kyle Parkway exit.  Unfortunately, the car hit a minivan, killing four occupants of the minivan and injuring two other children in the minivan.  A third vehicle was also involved in the wreck.  KXAN has a story on the wreck that I’m embedding below.

Wrong Way Driver Wrecks Happen More Often Than You Think

I feel like a broken record saying that it seems like these types of wrecks should never occur, but unfortunately, they’re all too frequent.  I’ve been writing about these types of wrecks in the Austin area for years. I’m linking prior posts below that talk about ten or so of these wrecks in the last few years.

What Causes Wrong Way Driver Wrecks?

These types of wrecks often share a few common characteristics: they almost always occur at night and they almost always involve the use of alcohol and/or drugs.

Another factor in daytime wrong way driver wrecks is the age of the driver.  Daytime wrecks are much more likely to be caused young drivers (those without much driving experience) and elderly drivers (who might be confused by complicated on-ramp designs).

What Can Be Done To Prevent Wrong Way Driver Wrecks?

One of the reasons that these wrecks are so tragic is that there is often very little that the victim driver can do.  Obviously, if you see someone driving the wrong way, the safest thing to do is pull all the way over.  But frequently, there isn’t enough warning to do that.

From a road design standpoint, road designers can help by better on-ramp design.  A common factor in these wrecks is that impaired drivers get on the highway at confusing on-ramps.

A second thing that road designers can do is to lower the “wrong way” signs on the ramps.  Studies have shown that lowering the signs to eye level for most drivers is an effective way to help reduce these wrecks.

Additional Information On Wrong Way Driver Wrecks

For more information, refer to some of my many other posts on wrong way driver wrecks.


Posted on: February 19, 2016 | Tagged

New Study Explains Why Rest Is Key Following A Brain Injury

brainWhen my son suffered a concussion two years ago, his doctor told him the key was rest.  For this then 11 year old, that meant laying down, with no reading, no television, and no video games.  Just rest.

Rest has long been thought to help following a brain injury, but recently, a new study came out explaining why that was the right advice.

The study, which examined trauma in the brains of mice, found that when there is single, mild incident, the mice lose 10-15 percent of their neuronal connections in the brain, but there was no accompanying cell death.  When the mice rested for three days, almost all of the connections came back, healing the brain.

However, the study found that without rest, when additional events occur, the neuronal connections don’t heal and can become permanent.  Thus, the prescribed rest is critical to offer the brain an opportunity for any mild injuries to heal.

One issue with the study is that it is only based on very mild injuries.  In more severe cases, a one-time incident can cause cell death and have long-term consequences even if the victim tries to take the rest needed or prescribed.

If you or a loved one has suffered a brain injury as a result the conduct of someone else, please call us at (512)476-4944 so we can help you.




Warren Buffett On Car Wrecks: If cars are better, and they clearly are, drivers must be worse

Damaged Car Involved In Traffic Accident

Damaged Car Involved In Traffic Accident

Safety experts at the National Safety Council, and insurance companies such as Allstate and Geico, were surprised by the 14 percent increase in fatal auto accidents during the first half of 2015.Geico is part of Warren Buffett’s Berkshire Hathaway group. Figures for the second half haven’t yet been compiled.

Insurers say drivers could be facing a period of rising premiums. Some companies are reacting to the statistics with rate increases and others are expected to follow.

What caused the accidents?

Buffett’s statement about drivers being worse is not quite on target, though driving longer hours on trips and on crowded roads can be stressful.

* Roadways were more dangerous in 2015 as travel increased to a record 1.54 trillion miles through June, according to the Federal Highway Administration. The average number of miles individual Americans drove remained at the same level as in 2007, but there were more people driving.

* Low gasoline prices, the lowest since 2010, encouraged more travel.

* The low unemployment rate of 5.1 percent meant people could afford to take more trips, according to the American Automobile Association. Allstate president Matt Winter told analysts that increased vehicle complexity could be a factor, but it’s typical for people to drive more and have more accidents as the economy rebounds from a recession.

What you can do?

Traditional cautions are even more important on crowded roads: Take it easy and don’t be aggressive. Allow more time to reach your destination. Drive defensively. Be ready for another driver to make a mistake.


Insurance Recorded Statement: Beware This Seemingly Innocent Question



“If we get some of your bills, do we have permission to pay your medical providers directly?”

That’s a question that I’ve started seeing when GEICO takes recorded statements of some of my clients (and I can only assume that other insurance companies will follow behind).  It seems innocuous.  The client says, “yes.”  Of course, that would be great.

It’s terrible.

Agreeing to this simple request can really hurt your accident claim.  Why?

Medical expenses are funny.  For most medical providers, there are at least two numbers for medical bills.  First, there is the “rack rate” — the full price rate that the medical providers try to charge those without insurance.  Second, there is the “insurance rate” — the contractual rate that the medical provider and health insurance companies agree is a proper charge for a particular service.  (And in reality, these insurance rates can be different for every different health insurance company, Medicare, Medicaid, and so on.)

Which rate is charged, has an impact on your case.

By offering to pay the bill directly, GEICO and other carriers are trying to get permission to go to your medical providers and try to cut your case out from under you.  They’ve paid something they’re going to have to pay anyway, often at a lower rate than you would be able to recover from them, and in the process, they’re decreasing the value of your claim while decreasing their risk.  It’s all good to them.

It’s also taking money out of your pocket.  If hospital A has a $10,000 bill but is willing to accept $7,500 (and I’m making these numbers up), then if GEICO pays the hospital directly, it saves itself $2,500.  However, if the lawsuit goes forward and GEICO has to pay you, the client, the $10,000 and then you pay the hospital the $7,500, then that $2,500 savings goes to you and not the hospital.

So agreeing to this seemingly innocent request is costing you money!

There are a number of ways that an insurance company can use a recorded statement to its advantage.  While this is a relatively new tactic, it’s not the only tactic.  We always tell our clients that they shouldn’t agree to a recorded statement without having a lawyer present to help protect the clients’ rights.

If you or a loved one has been in a car wreck and have been contacted about a recorded statement, please call us at (512)476-4944 and let us help you before that statement occurs.



Perlmutter & Schuelke, PLLC 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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