What Is A Life Care Planner?

Many of our more serious cases require a life care planner.

A life care planner is an expert witness, usually a doctor or nurse or combination of the two, who sets out the likely care that you’ll need for the rest of your life.  It can include things such as surgeries, physical therapy, follow up doctor care, and accommodations (walkers, shower stools, etc as applicable) that you will need.

The life care planner then estimates the costs of this care throughout your life.

Life care planners are very useful because they can give you a holistic view of your injuries and prognosis that covers a number of different disciplines.  In the non-litigation world, these experts are often seen as case managers — coordinating your care among the different types of doctors that you have to see.

The downside of life care planners is that, like other experts, they can be extremely expensive.  Before hiring one, we’ll have to make a decision about whether the expense can be justified.

I’ve Been Injured In A Water Park Or An Amusement Park? Can I Sue Or Make A Claim?

Roller Coaster2 It’s that time a year again.  Almost like clockwork, as soon as school is out, I get inquiries from people like you asking whether you can make a claim against a water park or an amusement park after you get injured.

And the answer is generally yes.  If you’re injured at a water park or an amusement park there are typically several times of claims that you can make.  First, you can make a regular negligence claim arguing that the park’s conduct fell below the standard of care.  In other words, you’re arguing that you were hurt because the park did something it wasn’t supposed to do or that it didn’t do something that it should have done.  There are literally thousands of different variations on this that could lead to claims.

You may also have a products liability claim against the park.  These claims occur when you’re hurt because something with the ride itself goes wrong.  Again, there could be thousands of different possibilities here.  A safety device might not work, the ride might not run as it was designed to do, etc.

There are other claims that might arise based on your particular situation.

And even if you don’t have a claim, many parks have medical payments insurance.  This medical payments coverage pays for medical bills incurred as a result of an incident at the park even if the incident wasn’t the park’s fault.  The limits on these claims are smaller — often around $2,500.00 — but those funds can be helpful when you’re paying out of pocket for medical care.

If you or a loved one has been injured in a water park or amusement park incident, feel free to call us at (512)476-4944.

Drivers Aren’t Being Smart With Their Smart Phones

Avoid-texting-while-drivingAT&T released the results of a scary study this week finding that smart phones are allowing people to drive while distracted in new and “creative” ways.

According to the study:

  • 61% of drivers surveyed admitted that they text and drive
  • 33% admitted emailing while driving
  • 28% admitted surfing the internet while driving
  • 27% admitted using Facebook while driving
  • 17% admitted snapping a photo or selfie while driving
  • 14% admitted using Twitter while driving
  • 14% admitted using Instagram while driving
  • 12% admitted shooting video while driving
  • 11% admitted using Snapchat while driving
  • 10% admitted using video chat while driving

This is obviously a concerning trend.  As we find more and more uses for smartphones, it appears that we’re also creating more and more ways to drive in a distracted manner.

That’s bad news for all of us.



New Baseball Study Shows Even When Brain Injured People Appear “Normal”, They’re Not

baseball2I recently saw a study that is near and dear to my heart on two subjects — baseball and concussions.

One of the biggest frustrations of people with head injuries is that even though they look normal to their friends and family members, something is off.  Now, a new study involving professional baseball players provides a strong example of how people are impaired even though they look (and even feel) normal.

The study, reported in the American Journal of Sports Medicine and summarized in the New York Times, followed Major League Baseball position players (non-pitchers) who returned to action following concussions.  What the researchers found was stunning.  These batters, even though they themselves felt they were no longer impaired, performed significantly worse in the weeks following their return to play.

The study looked at 66 players over several years who had concussions.  In the two weeks before their concussions, they players had an average batting average of .249, an on-base percentage of .315, and a slugging percentage of .393.  For the two weeks after their return from the injury, the batting average had dropped to .227, on-base percentage had fallen to .287, and slugging percentage had fallen to .347.

Despite these players feeling that they were fine and back to normal, their batting averages and on-base percentages had each fallen by almost 9%, and their slugging percentages had fallen by almost 12%.

In order to rule out the idea that the drop off was just from the players being away from the game, the researchers also studied players who had taken a similar amount of time off for bereavement or paternity leave.  For those players, the batting averages, on-base average, and slugging percentages all INCREASED after their breaks.

This study is strong evidence for two things:

1) even though victims of brain injuries may appear normal to the outside world, they may still be impaired; and

2) that victims of concussions and head injuries are likely impaired in all types of ways for far longer than even the injured persons suspect.

Hope After Brain Injury Video

Here’s a good video trying to explain some of the things that brain injury victims go through.  Unfortunately, too many of my clients go through this.



Vanishing Lawsuits and Jury Trials

Warrior Award 2015The statistics from the Texas State Office of Court Administration are startling.  In the last ten years, the number of lawsuits having been filed has dropped 17%.  At the same time, the number of civil jury trials have dropped 34%.

What’s that mean for you?

It makes a difference when you’re hiring a lawyer.

The reality is that while the number of “litigation” lawyers or “trial lawyers” have been on the rise, the actual number of lawyers who have actually participated in a jury trial has been plummeting.  Lawyers calling themselves “litigators” may file lawsuits and do discovery and go through alternative dispute resolution and settle cases, but most rarely, if ever, see a jury.

A recent Texas Bar Journal reported on a survey of lawyers who called themselves litigators.  Of those with ten years of experience, 30 percent had NEVER tried a case to a jury.  And perhaps even more remarkable, only 36 had tried two or more cases to a jury.  That means that almost one third of the lawyers calling themselves litigators had never had a jury trial and another third had only had one trial.

Unfortunately, when you’re hiring a lawyer, you may never know whether the lawyer has ever tried a case or whether the lawyer has ultimate plans to just settle your claims.  This can often affect the ultimate recovery that you make.

Some of us are trying to do something about it.  I’m proud to be an active member of the Capital Area Trial Lawyers’ Association (I’m the immediate past president).  We have started giving out a “Warrior Award” to our members who take cases to jury trials.  This is a way of acknowledging those of us who have actually tried cases, and a way to encourage other lawyers to take their cases to trial.  We have also started a system where lawyers help one another with voir dire or other parts of the case to make trying cases a little easier.

I certainly don’t think our system will change the face of the state’s lawsuits, but I do hope it can help provide better representation for injured persons throughout Central Texas.


Painful Lessons

broken armIn our injury cases, we spend a lot of time really trying to understand our clients’ injuries.

As I tell clients, it’s one thing to say that an injury causes you pain or causes you to be limited in your daily activities.

But it’s another thing entirely to hear anecdotes about your pain or your limitations. Those anecdotes paint a much better picture of how an injury really affects you.

Unfortunately, my family and I have a recent reminder of that lesson.

In February, my twelve year old son was taking part in an activity in his Sports and History class at school (and yes, they have better classes than we had). While doing the activity, my son fell and broke his arm.

The last month has been a real reminder on how injuries truly affect a person’s every day life.

For one, I’ve been reminded of the limitations that an injured person experiences — in ways that many of us take for granted.

But in addition to that, I have had a number of conversations with people about my son, the injury, and how he’s doing. And I’ve again been reminded how the anecdotes really tell the story.

For example, it’s one thing to tell people that my son has been limited by the injury. But people have a different reaction when I explain that his cast over his hand prevents him from wearing any pants with buttons or that because of his cast, I have to help him wash his hair every night.

I hope that he’s at the end of the road with his recovery, but that the lessons will stay with me.



Auto Accident: New Study Shows Stoned Drivers Are Safer Than Drunk Drivers

drunkdriveA new National Highway Transportation Safety Administration study has found that driving while drunk is more dangerous than driving under the influence of other drugs.    Under the data, positive test results for several types of drugs found only small increases in the risk of a crash, but being under the influence of alcohol caused an almost 600% increase in the risk of being in a wreck.

The study makes for a good headline, but it certainly doesn’t make for good science.  You see, the findings don’t mean that driving under the influence of other drugs is safe.  Far from it.  But what the study does highlight is the need to find better tests to determine when the driver is under the influence of drugs.

The best example was the study relating to marijuana.  There is no doubt that driving under the influence of marijuana is dangerous.  The real issue is determining who is under the influence of marijuana.  Positive tests for marijuana usage could go back to usage for several days.  A driver, therefore, may test positive long after the impairment is worn off.  And that’s the problem.  A driver may test positive for marijuana while driving at a point when the driver is no longer under the influence, and someone would say that they’re a safe driver despite the positive test.  Reading the data the wrong way, it could be argued then that marijuana doesn’t impair the driver.  But that’s not the case; driving under the influence is still dangerous, but the test being used to determine marijuana usage doesn’t determine whether the person is still under the influence.

In contrast, blood alcohol tests for alcohol have a high correlation to impairment.  If a driver tests positive, that driver is still impaired, and you can easily identify the risks.

The long and short of it is that the study can’t be read to argue that drivers under the influence of drugs other than alcohol aren’t impaired.  Driving under the influence is still dangerous and regardless of the substance causes a risk to the driver and others.


Brain Injury Symptoms: Pain Disorders

The human brainAs I repeatedly tell clients, brain injuries often go undiagnosed following car wrecks or other accidents because doctors don’t usually know you well enough to make a pre-injury and post-injury comparison of your intelligence, emotional well-being, and general personality.  As a result, it’s often up to you or your family members to notice the symptoms of a brain injury and convey those to medical providers so you get the best care possible.  But to do that, you need to know the symptoms of brain injuries.  This series is designed to help you do that.

Problems with pain are common following brain injuries.

Headache.  Perhaps the most common symptom of a brain injury is a headache.  Symptoms can range from routine post-traumatic headaches to post-traumatic migraines.  The severity of the headache and the duration of the symptoms depends on the severity of the injury and the type of head injury sustained.

Neuropathic pain.  Neuropathic pain is a condition caused by injuries to the nervous system.    This is hard to describe, but the nerves are excited so pain is prevalent.  This pain may be treated by medication.

Central pain syndrome.  Central pain syndrome is pain that follows lesions to the central nervous system.  If the brain develops lesions from the brain injury, then central pain syndrome may develop.

Brain Injury Symptoms: Neurological Disorders (Seizures, Movement, Fatigue, etc)

The human brainAs I repeatedly tell clients, brain injuries often go undiagnosed following car wrecks or other accidents because doctors don’t usually know you well enough to make a pre-injury and post-injury comparison of your intelligence, emotional well-being, and general personality.  As a result, it’s often up to you or your family members to notice the symptoms of a brain injury and convey those to medical providers so you get the best care possible.  But to do that, you need to know the symptoms of brain injuries.  This series is designed to help you do that.

There are a number of neurological symptoms of brain injuries that, though sometimes rare, can be extremely traumatic for the injured person.  The most common neurological injuries are as follows:

Fatigue.  Fatigue is a very common symptom of people with brain injuries.  Some studies have found that up to 73% of persons with head injuries suffer from fatigue after the injury.   Unfortunately, many of the other symptoms of brain injuries, such as depression, also have a component of fatigue, and fatigue is also a side effect of many medications used to treat other brain injury symptoms.  Thus, treatment of fatigue remains difficult.

Post-traumatic seizures and epilepsy.  Seizures and epilepsy are fairly common symptoms of brain injuries.  Traumatic brain injury accounts for about 5% of all epilepsy cases and is the leading cause of epilepsy in young adults.  The development of seizure or epilepsy symptoms are very dependent on the type of injury sustained.  Many brain injury victims will undergo EEG testing to determine whether or not the patient is having seizures.  It’s important to note that a normal EEG does not mean that you don’t have a brain injury, it only means that you’re not having seizures at the time of the test.

Tremors. Many brain injury victims will develop tremors following their injury.  The most common cause of brain injury tremors is car wrecks where the brain has a history of quick deceleration injuries.

Dystonia (involuntary muscle contractions). Dystonia is a fairly rare, but significant symptom of brain injuries.

Vision problems.  Many brain injured patients have injuries to the optic nerve so the patients experience blurry vision or other changes to their eyesight.  There are other potential causes of sight issues associated with brain injuries that are discussed elsewhere in this series.

Smell problems.  Many brain injuries end up damaging the olfactory nerve so the victim will have an impaired sense of smell.  It is obviously difficult to test for smell issues, and smell is not something you might normally be concerned with after you’re injured, but if you or a loved one mentions smell problems, be alert that it could be related to a brain injury.

Vestibulocochlear nerve problems.  This nerve works on both hearing and balance.  Thus, when it is damaged as part of a brain injury, it can cause problems with hearing and also vertigo symptoms.  Vertigo is very common following a brain injury and a number of our clients have had to undergo vestibular therapy as part of their treatment.

Sleeping disorders.  Sleep-wake disorders and alterations in sleep patterns are very common following brain injuries.   The variety of sleep disorders include insomnia, excessive daytime sleepiness, narcolepsy, and sleep apnea.  Sleep issues need to be addressed because poor sleep can lead to other health concerns.



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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