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.

Auto Insurance Isn’t All The Same

There’s an insurance company currently running television ads here in Austin (and I assume elsewhere) encouraging you to use them because “all insurance is the same” so use them and avoid the middle man.

That’s basically fraud.  All auto insurance isn’t the same.  There are different coverages to buy, different deductibles to consider, and a whole host of other traps that a consumer probably doesn’t even know exist.  And without an agent to help consumers navigate these issues, too many consumers unwittingly end up with low-coverage insurance that comes back to bite them.  That’s a problem.

To help address the problem, I’ve written a new booklet, Understanding Texas Auto Insurance: Top 9 Mistakes When Buying Your Auto Insurance.  You can order a free, hard copy by requesting a book through the “Speak to an Attorney” box.  Alternatively, you can download an electronic version starting on this page.

But please take advantage of this opportunity for free information to help protect you.

Great News! Number of High School Athletes With Concussions Doubles

Concussions are on the rise.  New research published in the Journal of Sports Medicine finds that the number of high school athletes who have suffered a concussion has doubled between 2005 to 2012.

This is great news!

Why?

Researchers think the reality is that the number of concussions is the same, but we’re becoming much more aware about the diagnoses.  That is good news.

We’re learning more and more about the potential short and long-term consequences of concussions.  For example, we know more now about second-impact syndrome — if a person has a second head impact (even one not very severe) while the brain still suffers from a head injury, it can lead to severe disability or death.

We’re also learning that for the brain to heal, it needs to rest.  As weird as it sounds, that means no electronics, no television, and limited thinking.  A kid can’t follow these instructions if the concussion isn’t diagnosed.

Unfortunately, I know first hand how important this is.  My son suffered a baseball related concussion in February.  While he’s fine now, it was difficult to see him suffer from the consequences — the headaches, the inability to focus, etc.  Fortunately, we had it diagnosed right away, we got instruction on how to rest his brain, and he healed (after five or so weeks).

Increased awareness can help increased the likelihood of a successful outcome for others as well.

 

If you or a loved one has suffered a concussion in a wreck or accident, please call us at 512-476-4944 to see if we can help.

Oil Boom Related Trucking Deaths Continue

I’ve been writing for almost two years about the driving dangers created by the Texas oil boom, especially those dangers in the Eagle Ford Shale region.  A new article about the increase of road deaths from the energy boom has me thinking about it again.  In the article, the Karnes County Sheriff noted that historically, they used to have wrecks serious enough to require air transport of victims only a few times per month.  Now, that’s happening three to four times PER WEEK.

These dangers come from all angles.  First, there is danger from the sheer volume of trucks.  Whenever I drive through South East Texas, I’m just shocked at the number of trucks on the road.

Second, where there are profits for pressure, trucking companies take shortcuts.  In the recent article, Karnes County officers acknowledge that the truckers are violating safety rules, including driving more hours than the law allows.  The Karnes County Sheriff cited two recent wrecks between school buses and trucks where the truck drivers acknowledged that they were just too tired.

Finally, the increased truck traffic is actually creating dangers by causing the roads to deteriorate.  The Texas Trucking Association admits that many of these roads weren’t designed for the amount of truck traffic being seen on those roads today.  The roads can’t handle the traffic, and it’s leading to all kinds of dangerous situations.

Unfortunately, I don’t have any good solutions for this problem, and it’s only a problem that will get bigger and bigger as the amount of miles continue to increase.

 

If you or a loved one has been injured in a trucking or automobile wreck, please let us help.  Call (512)476-4944 to set up an appointment.

Where Are Most Of Austin’s Bicycle Wrecks?

The folks at the Massachusetts Institute of Technology Media Lab have used all that MIT brainpower to put together an interactive map showing Austin’s bike wrecks.

Using data from the Texas Department of Transportation, they’ve mapped over 1,400 wrecks to come up with this map.  Not only does the map show the location for the wrecks, but it also provides statistics on what roads have the most wrecks, and it allows you to see the Google Street View shot for each wreck location.

So what streets are most dangerous for Austin cyclists:  Guadalupe Street, South Congress Avenue, IH 35, North Lamar, South First Street, and East Riverside Drive.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE NINE: Blindly Renewing Your Policy

Face it. Most people are lazy.  When it comes time to renew our auto insurance, most of us simply buy the same coverage we had last year.

That’s a mistake.

Situations change, and you need to take that into account when renewing your insurance each year.  Your finances may be in a little better shape so you need more protection.  Your car may be older so it may need less coverage.  You may have a new driver in the family.

Your circumstances are always changing, and many of those changes affect the type of coverage and the amount of coverage that you need.  Don’t just take the easy way out.  Spend a few minutes looking at your circumstances and needs and make an informed choice.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE EIGHT: Thinking That You Are “Fully Covered”

I often ask clients who have been victims of car wrecks what type of coverage they have.  Most respond that they are “fully covered.”

What does that mean?  Too often, people who tell me that they are “fully covered” aren’t fully covered.  They usually only have the minimum liability limits required by law.  But they think they’re “fully covered” because some agent told them that without explaining to them what it really means.

As I’ve mentioned earlier, when buying liability insurance to protect yourself from a claim made against you when you cause a wreck, you need to make sure you have adequate liability insurance.  For most people, that means more than the $30,000.00 required by law.

Additionally, you need to buy personal injury protection and uninsured/underinsured motorist coverage to make sure that you’re protected when you or your family is injured in a wreck caused by someone else.

In my mind, you’re not “fully covered” until you have these types of insurance in sufficient amounts to cover a likely claim size given your circumstances.

Don’t just let the agent tell you you’re “fully covered.”  Make the agent explain what the mean and how you’re being protected.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE SEVEN: Lying To Your Insurance Company

When you fill out your insurance application, you’re asked to provide a lot of information to your company.  You may be asked about your driving history, how many miles you drive per month or year, your home address, where you park your car overnight, and more.  Studies show that a significant number of people provide wrong information on their applications, usually in an effort to try and save a little money.

But these “mistakes” can often come back and bite those not being truthful.  These mistakes could lead to insurers partially or completely invalidating the policy or completely cancel the policy, making it much more difficult and expensive to obtain insurance in the future.

The better plan is to be truthful on the application.  In this case, honesty is the best policy.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE SIX: Not Looking For Discounts

If you’ve read the other mistakes, you know I think people spend too much time looking at price when deciding what insurance to buy.  But I don’t think people spend enough time looking for discounts.

Once you have narrowed your search of insurers down to two or three respectable companies, do your homework to consider what discounts the companies offer.  Most companies offer discounts for consolidating homeowners and auto insurance, but the discounts go far beyond that.  Insurers may offer discounts for things like:

  •     your car has daytime lights;
  •     you’ve completed driver’s ed;
  •     your driving age kids have good grades;
  •     your kids are away for school; and
  •     you or someone on your policy is deployed.

Make sure you ask your agent about potential discounts.  You can also check the Texas Department of Insurance website, which lists discounts for many auto insurers.

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

Website by SEO | Law Firm™, an Adviatech Company