Should Christians Sue for Personal Injuries?

It's October 29, 2012. You and your family heeded government warnings and evacuated your home on the South shore of Long Island, New York. Hurricane Sandy is ravaging the coast, and you can do nothing but wait for it to end.

The next day you return to your home, hoping it is still standing. As you enter the front door, you initially notice that the floor is covered with sand and debris. Water stains mark each wall, parallel to the ground at about three feet high. Everything on your first floor is destroyed, along with major damage to your home's exterior. Your cars are totaled. 

But, you are a Christian, and you keep things in their proper perspective. You think, "Thank God that my family is OK", and then, "Thank God that I have insurance!" You call your insurance company to make a claim, knowing that at least you won't suffer a major financial setback. 

Is this Wrong? 

What were your first thoughts when reading the above story? Did you think it is a sin to make an insurance claim? Did you think, "Christians should stay out of court"? Did the above story conjure thoughts of something dishonest or dubious? No? 

Then why do many Christians have these thoughts when faced with making a personal injury claim? The answer is multifaceted, but I believe predominantly stems firstly from a misinterpretation of scripture and secondly from marketing by insurance companies.

What is the Distinction?

It is perplexing that the same Christians who would unhesitantly pursue a property damage claim, refuse to make a personal injury claim. A comparison of a property damage claim and personal injury claim will reveal little distinction. Both cases begin as a claim and may end up in court. Both cases are paid out by billion dollar insurance companies, whose business is to sell insurance and pay claims. Also, neither claim will be paid personally by an individual involved in a lawsuit. Neither case will take money out of an individuals pocket nor take a family's house away.

The belief that it might be a sin or somehow displeasing to God to bring a personal injury lawsuit makes sense on the surface, because Christians are supposed to be "forgiving" and not seek revenge as "Vengeance is mine, says the Lord." Christians who accept this superficial rationale allow themselves to be twice victimized; first by the injury, and second by a misapplication of scripture. 

So why is there such a stigma on Christian personal injury lawsuits? 

Did Paul Say Don't Go to Court? 

Perhaps the most often cited scripture against Christians using the courts is 1 Corinthians 6. You may have heard that Christians should "stay out of court". A careful reading of this passage reveals that this interpretation is in error. 1 Corinthians 6:1-2 states:

If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? (1 Corinthians 6:1-2 Emphasis added)

Paul specifically mentions "trivial" cases. This statement about trivial cases is the backdrop for 1 Corinthians 6. Paul is pleading with the Corinthians to keep their trivial matters out of court. This is not a blanket prohibition against using the court system. Also, an injury to one's body is never trivial! In fact, your body, as the Temple of the Holy Spirit and made in the image of God, is more infinitely valuable than any property and infinitely more deserving of protections offered by society.

Disputes Against a Brother

Paul goes on to state:

Is it possible that there is nobody among you wise enough to judge a dispute between believers? (1 Corinthians 6:5b emphasis added)

1 Corinthians 6 is clearly written for disputes amongst believers. It does not state that a believer should not sue a nonbeliever. This would make no sense since a non-believer would not submit to the "Lord's people" for adjudication of a matter. 

Roman Courts

Paul did not want Christians suing Christians where a Roman jail might be involved. Roman justice was very harsh and favored the rich and powerful. This is absolutely not the case in the modern day personal injury case. The injured party is never in the superior position, as the insurance companies have an inexhaustible supply of money and thousands of attorneys on their side. 

Modern civil disputes, specifically for serious personal injuries must use the courts as there is no other way to proceed. A modern day lawsuit is nothing more than a dispute resolution system provided for by your tax dollars to uphold the rule of law. Civil lawsuits protect society by acting as a deterrence to bad conduct. To protect people, the government has set up a civil court system whereby private citizens can resolve disputes with other private citizens and insurance companies when they have a significant injury inflicted upon them. In failing to pursue a personal injury claim, one may unwittingly permit the offending party to inflict injury on other members of the public. 

This brings to mind a recent case handled by my office. My client, I'll call him Tom, was biking, when a woman in a car ran a stop sign and collided with Tom. He landed about 12 feet away and sustained serious injuries. The defendant in this case then fled the scene of the accident, but only after she stopped, saw exactly what she had done, and considered her options. We brought a lawsuit which not only compensated our client for his injuries, but also let the defendant's insurance company know what she did. This served to protect the public in that the defendant will likely have to carry more insurance in the future, and hopefully will more carefully consider her conduct when driving. 

Old Testament Insight

God has not only allowed personal injury lawsuits but he has actually ordained them in the Scriptures. In Exodus Chapters 21 and 22 God instructs Moses on the way personal injury claims are to be handled. So, God not only is not against injury lawsuits, in fact he believes they are important enough to set up a system to deal with them. 

Does this really have to do with Christianity?

While some Christians are quick to point to the Bible as a the reason why they will not bring a personal injury lawsuit, they may actually have been convinced by the insurance companies that it is wrong. For years, consumers have been inundated with propaganda from the insurance companies convincing them that every claim is illegitimate and that there is rampant fraud against the insurance companies. This is simply not true. This is actually just an attempt by insurance companies to minimize the number of claims that people make. It is a great business model for them - collect billions of dollars in premiums, and convince their customers that if they make a claim it is unscrupulous or fraudulent. 

Conclusion

Does God want you to forgive someone who injures you in an accident? Yes. Does God want you to go bankrupt, lose your home, and have your family destroyed because you can no longer work after a catastrophic accident? No. A careful reading of 1 Corinthians or the Bible as a whole does not lead to the conclusion that a Christian who is run down by a drunk driver and paralyzed should not make an insurance claim. 

Multiple Deaths in Amtrak Train Derailment Accident in Washington

Authorities say it could take more than a year to understand how the inaugural run of the train carrying 85 passengers and crew members ended in disaster along a new 15-mile (24-kilometer) bypass route. Friends Jim Hamre, 61, and Zack Willhoite, 35, died of brain and skull injuries. Benjamin Gran, 40, died of multiple traumatic injuries. Whimpering in pain, bleeding from head injuries and dazed by the enormity of the crash, victims in the Amtrak train derailment south of Seattle begged 911 dispatchers for help and said "tons of people" had been hurt. Dozens of emergency recordings released Wednesday by South Sound 911 Dispatch provided a vivid account of what happened during the deadly Dec. 18 crash. "My abdomen hurts really bad. I don't feel good," said a crying woman identified as Angela who was bleeding from her head and wailed in panic each time she couldn't find an answer to a dispatcher's questions. "I don't know how old I am off the top of my head. I'm sorry!" A passenger train on a newly opened Amtrak route jumped the tracks on an overpass south of Tacoma on Monday, slamming rail cars into a busy highway, killing at least three people and injuring about 100 others, officials said. The derailment of Amtrak Train No. 501, making the inaugural run of a new service from Seattle to Portland, dropped a 132-ton locomotive in the southbound lanes of the Northwest’s busiest travel corridor, Interstate 5. Two passenger coaches also fell partly in the traffic lanes, and two other coaches were left dangling off the bridge, one of them wedged against a tractor-trailer. On the highway below lay five crumpled cars, two semi trucks and huge chunks of concrete that were ripped away from the damaged overpass. All 12 of the train’s coaches and one of its two engines derailed. The National Transportation Safety Board said at a Monday night briefing that the train had been traveling more than twice the speed limit before it derailed, or at 80 miles per hour instead of the allowable 30 m.p.h. Don Anderson, mayor of Lakewood, about 11 miles northeast of the crash site, said shortly after the wreck that the tragedy "could've been avoided if better choices had been made" about using the route for upgraded passenger service. "Our community was skeptical of the project both from a financial and safety standpoint, primarily a safety standpoint," Anderson said The mayor of a city along a new route taken by the Amtrak train that derailed in Washington state had expressed concerns about the line as long ago as 2013, court records show.

WASHINGTON LOOKING TO DO AWAY WITH YOUR RIGHT TO A JURY TRIAL

Dear friends,

PLEASE READ & SHARE...VERY IMPORTANT!

As most of you know, I am a Personal Injury Attorney and have been representing people like you, me and our family and friends against insurance companies and big business for over 25 years. When insurance companies refuse to fairly compensate people for the way their lives have been changed, we have always been able to present their case to a jury for them to decide what is fair and just.

However, there is a big push in Washington under the new administration to do away with your right to a jury trial, to cap your pain, suffering and loss of quality/enjoyment of life at $250,000.00 regardless of how seriously you were injured or how severely your life has changed due to someone else's carelessness. There is a Bill pending in Congress at this very minute which will severely limit our rights and limit access to our court system when we are injured. This is the gateway to mandatory arbitration anytime you are harmed, and that system tremendously favors insurance companies and big business.

There is no basis in fact for anything they are attempting to accomplish. In states where they have imposed caps on medical malpractice recoveries insurance premiums have actually increased for doctors.

The reality is this Bill will only serve to line the pockets of big business and insurance companies. Our right to a jury trial is under attack, and the name they use for this type of law is "Tort Reform". They call it this because people think that it is will be good for them and save them money from crazy juries...that is complete nonsense. Do not be fooled, these changes will only hurt those of us who become injured and will not reduce any our insurance rates. Just so you know, almost all large jury verdicts are reduced by the Trial court and then even further reduced by the Appellate Courts. Even many not so large verdicts are reduced. You only hear about the occasional crazy verdict in the news, never about the reductions and what the person actually recovers...it is MUCH different.

These Bills are being written behind closed doors because they want to try to pass them before people like us realize what has been taken away.

Below please find the link for you to instantly send a letter to your respective representatives and senators to oppose the assault on our civil justice system. This will take you less than one minute.

PLEASE SHARE WITH EVERYONE!

Thanks so much,

Mark Freeley

Manager Partner, Buttafuoco & Associates

SIGN THE LETTER BELOW:

http://cqrcengage.com/aaj/app/onestep-write-a-letter?0&engagementId=304253  

Choosing an attorney: Know what to expect.

If you are looking to hire an attorney, there must be something important happening in your life. That’s why choosing the right attorney is incredibly important. You must find someone competent, experienced in the area that you need help in, and with whom you can personally connect and build trust

The best way to start your search is to get referrals from friends, Family and personal acquaintances. Once you have a name and number, call to schedule a consultation. Initial consultations are often free. When you meet, the attorney will want to know all about your case. There are also several things you will want to know about the attorney before making a hiring decision. To know what to ask about in your initial consultation, you need to know what to expect from an attorney. You should be able to expect the following if you have a good attorney.

Choosing an attorney. Know what to expect.

• The attorney you will hire to represent you should be experienced and knowledgeable in the area(s) of law relevant to your case

• No attorney can see the future, but they should be able to Estimate, based on experience, potential time frames, possible awards, and the relative Strength of your case

• Your attorney should clearly state their fee structure. Most charge hourly flat or contingency fee. They should also be able to explain other costs that may come up during the process

• If an attorney takes your case, they should be willing to go to trial and have the experience needed to win

• A good attorney will keep you informed about the progress of your case. Ask how they will do this for you.

• You should know who exactly you will be working on your case- the attorney you are meeting with or someone else at the firm. You should meet with whoever will be representing you.

    

• Your attorney should be willing to pay personal attention to your case and respond to any phone calls and e-mails in a timely manner.    

•  Any attorney who wishes to represent you should be willing to promise to  respect your privacy and keep your information confidential.  

•  Every attorney  should be keeping up- to- date with changes in the law by actively continuing their education

• Your attorney isn’t the only one who will have responsibilities, you do too. Your attorney should be able to tell you what these responsibilities may be

Are Medical Malpractice Lawsuits Driving Up Health Care Costs?

Defensive Medicine: Myth or fact?

You’ve probably heard it stated as fact: the risk of crazy lawsuits is forcing doctors to practice defensive medicine, raising the cost of health care. This idea gets spread around a lot, especially during election season or when “tort” reform” is on the agenda. But is it true?

According to a new study published in The New England Journal of Medicine, the idea that defensive medicine leads to higher health care costs is not true. The study looked at data from 1997-2011 in three states that passed tort reform legislation and found that the laws did not reduce doctors’ testing behaviors and that:

“… physicians are less motivated by legal risk than they believe themselves to be. Although a practice culture of abundant caution clearly exists, it seems likely that an aversion to legal risk exists in parallel with a more general risk aversion and with other behavioral, cultural, and economic motivations that might affect decision making. When legal risk decreases, the ‘path of least resistance ‘ may still favor resource- intensive care. Our results suggest that malpractice reform may have less effect on costs than has been projected. “

Tort reform, or malpractice reform, succeeds in limiting patients’ rights, but does not seem to limit care costs.

That makes defensive medicine a myth.

How to PREVENT Sports Injuries

For many high school students, fall not only means a return to class, but a return to the field. Whether it’s for the school team or an intramural league; whether football, cheerleading, soccer, field hockey or any other sport; knowing how to minimize the chance of injury is vitally important. You know what they say about an ounce of prevention right?

In the weeks before classes start, many athletes are already taking to the practice field. Two-a- days are tough for any athlete; for teenagers they can be dangerous. The number one way to stay safe on a hot August afternoon is to stay hydrated. Athletes should make sure to drink plenty of fluids (without caffeine!) and watch for warning signs of heat-related problems, such as dark- colored urine, fatigue, dizziness, headaches, nausea, cramps, excessive sweating or a cessation of sweating. If one experiences any of these symptoms, they should immediately take the break to cool down and rehydrate.

A general way to lessen the chances of athletic injury is to have a warm- up and cool down routine. Coaches should work with athletes to develop such routines. Coaches should also be encouraging athletes to train during the offseason. Showing up in shape will benefit in many ways, including making injuries less likely.

Properly fitting pads and helmets are another key to injury prevention. Make sure to have any protective equipment fitted at purchase. If you suspect an improper fit, ask the coach to take a look. While no helmet or pad can completely protect against injury, a proper fit will minimize the risk of serious injuries like concussions.

Some Of The Top Warning Signs Of Elder Abuse Are...

When the time comes for our aging loved ones to move into a nursing home or assisted living facility, we are faced with the difficult task of finding just the right place.  We speak with neighbors and friends, ask for professional recommendations, and tour the different facilities.  Even after the most careful search, unforeseen problems can arise.

Most nursing homes and assisted living facilities provide safe, caring environments, staffed by hard-working professionals.  Sometimes, however, problems arise.  Elder abuse is a disturbingly-common problem across the country.  The law protects the safety and dignity of the elderly in these facilities, but to enforce these laws the authorities need to know there is abuse taking place

If you have a loved one in a nursing home or assisted living facility, keep a watchful eye on these 7 warning signs during your visit:

1. Sudden weight loss or dehydration
2. Bruises, burns, and other unexplained injuries
3. Bedsores
4. Use of restraints
5. Staff inattention
6. Unsanitary/unsafe conditions
7. Financial issues

If you suspect that a loved one has been the victim of elder abuse contact our office immediately at 1-800-669-4878.

Is it a concussion? Learn how to determine the severity of your Brain Injury...

Traumatic Brain Injury (TBI) is the leading cause of disability and death among those ages 1-44.  While the severity of TBIs varies from mild to moderate to severe, every victim of TBI should be evaluated by a physician.

The most common type of TBI is a concussion.  The most common symptoms of concussion are attention and memory problems, headaches, and fatigue.  Other symptoms include dizziness, vomiting/nausea, and trouble balancing.

To find out if a patient has a concussion, a doctor will ask about these symptoms and evaluate the patient's alertness, attention, speech, memory, and reaction time.  A CT Scan or MRI may also be ordered.

In most cases, the prescription is rest, both physical and cognitive.  Generally, recovery times vary from a few days to a few months.

What are the odds of being involved in a plane crash?

What are the odds of being involved in a plane crash?

A. 1 in 500,000
B. 1 in 11 Million
C. 1 in 280 Million
Answer: B. 1 in 11 Million 

Last year's crash in San Francisco has left passengers questioning whether or not Boeing could have prevented the accident.  

A group of passengers who were aboard an Asiana Airlines flight that crash-landed last summer at San Francisco International Airport, filed a personal injury lawsuit against aircraft manufacturer Boeing, alleging that the airlines’ negligence contributed to the crash.

According to the lawsuit filed in Cook County Circuit Court, Boeing knew or should have known that its ‘777’ passenger jet had inadequate auto-throttle control and low airspeed warning systems.

The suit also contends that Boeing knew or should have known that the airline’s pilots were not properly trained in basic landing and safety management protocols and that the pilots of Asiana Airlines flight 214 were not qualified to fly on July 6, 2013.

Approximately 100 plaintiffs, many of them South Korean or Chinese nationals, are listed on the lawsuit. There were 307 people aboard the plane when it crashed.

“As a result of the crash, each of the plaintiffs sustained injuries, including but not limited to, bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, medical treatment, loss of income, and medical expenses,” the suit states.

On Friday night, a Boeing spokesman was reached and stated that the manufacturer had no comment regarding the lawsuit.

“Boeing was aware that its low airspeed warning system was inadequate,” the suit states.

In addition, the lawsuit alleges that Boeing “failed to adequately train Asiana’s pilots” in its South Korean 777 training facility.

The wide-body commercial airliner tumbled across a San Francisco runway on July 6^th. Three passengers were killed and more than 180 passengers were injured. Other lawsuits have previously been filed in the case.

The National Transportation Safety Board has said Asiana pilots told investigators they realized the approach speed was low and set the auto-throttle to correct it, but realized too late that the aircraft speed never increased.

The lawsuit filed Friday claims that “The design of the auto-throttle control systems, the auto-pilot control systems, and/or the low airspeed warning systems on the subject aircraft, their improper installation, and/or their defects, resulted in dangerously inadequate warnings to pilots about low airspeed, a common cause of airplane crashes.”

Boeing retrofitted hundreds of its 737 jetliners with low airspeed warning systems that give audible commands after a 2009 Turkish Airlines crash, the lawsuit says.

“Yet Boeing has not installed such systems in its 777 aircraft,” the suit alleges.

“Boeing knew or should have known that the training procedures for Asiana pilots were not up to par, and were putting passengers’ lives at risk,” the lawsuit alleges.

The lawsuit demands a jury trial and seeks unspecified damages.

For more information, contact one of our Buttafuoco & Associates attorneys at 1-800-669-4878

RECALL ALERT: Perrigo Recalls Acetaminophen Infant Liquid Due to Syringe Error

PERRIGO INITIATES NATIONWIDE VOLUNTARY PRODUCT RECALL OF ACETAMINOPHEN INFANT SUSPENSION LIQUID, 160 mg/5 mL, DUE TO A POTENTIAL DEFECT WITH THE CO-PACKAGED ORAL SYRINGE

The Perrigo Company (NYSE: PRGO; TASE) announced today that it has initiated a voluntary, nationwide product recall to the retail level of 18 batches of its acetaminophen infant suspension liquid, 160 mg/5 mL, sold in 2 oz. and 4 oz. bottles with syringes in a box under the store brand products listed below. The recall is being initiated because of the remote potential that a small number of packages might contain an oral dosing syringe without dose markings. The correct syringe should have a white or yellow plunger with specific dose markings for 1.25 ml, 2.5 mL, 3.75 mL, and 5 ml. If the product's syringe has these dose markings, consumers can continue to use the product while following labeled use instructions.

Using an oral syringe without dose markings can result in inaccurate dosing, especially in infants who could mistakenly get too high a dose.

     Commenting on this market action, Perrigo's Chairman, President and CEO Joseph C. Papa stated, "There are no issues or concerns with respect to the safety or efficacy of the product, only the potential that the oral dosing device in a relatively small number of packages could be unmarked. Out of an abundance of caution, we are taking this measure to maintain the highest possible product quality standards for our retail customers and consumers. While we cannot be certain that any of these unmarked dosing devices were released into our customers' supply chains, taking this action is the right thing to do." Perrigo has not received any reports or complaints related to this defect nor have they found any product with missing dose markings on re-examination of product on hand.

     This OTC product is indicated for the relief of fever and minor aches and pains and can be used in infants, children and adults. These recalled products are sold by distributors Nationwide and distributed through retail stores.

     Perrigo is notifying its distributors and customers by verbal and e-mail communication today, followed by formal Fed Ex-delivered communication. It also is arranging for return of all recalled products. Distributors/retailers that have the acetaminophen infant suspension liquid that is being recalled should stop distribution and return product.

     If the oral dosing device contained in the package has dose markings, no action is required, and the consumer can continue to use the product consistent with the label instructions. If the package contains an oral dosing device that does not have dose markings, the consumer should not use the product and should call Perrigo's Consumer Affairs Department, toll free, 1-800-719-9260. Consumers should contact their physician or health care provider if they have any questions, or if they or their children experience any problem that could possibly be related to this drug product.


If you or someone you know has been injured due to a defect product call the experienced product liability attorneys at Buttafuoco & Associates 1-800-669-4878

HOT WHEELS URBAN SHREDDER RIDE-ON: Recall Alert...could cause serious injury

Urban Shredder
(Sold from October 2012 through February 2013)
MODEL # 8801-05

HOT WHEELS URBAN SHREDDER 24-VOLT BATTERY-POWERED RIDE-ON

This product is being recalled as the Urban Shredder could suddenly accelerate while in use, causing the rider to lose control and fall causing serious injuries.

The recall is limited to Hot Wheels Urban Shredders manufactured on September 15, 2012 and December 1, 2012. Date codes can be found on the bottom of each unit (as indicated above).

Consumers are strongly urged to disconnect the battery and stop using this product right away. Take the Urban Shredder to your nearest Toys”R”Us for a refund or store credit.

If you or someone you know has been seriously injured due to a defect product/toy like the Urban Shredder call the experienced product liability attorneys at Buttafuoco & Associates at 1-800-669-4878.

generic Lipitor (atorvastatin) recalled after glass discovered...

Ranbaxy Laboratories (generic drug maker) will stop manufacturing its version of Pfizer Inc's cholesterol fighter, Lipitor, while it gets to the bottom of the cause of a recent recall.

Earlier this month, after the company discovered contamination with tiny glass particles, Ranbaxy recalled certain lots of the widely used cholesterol lowering medicine known generically as atorvastatin at doses of 10 milligrams, 20 mg and 40 mg.

During its first six months on the market, when it enjoyed marketing exclusivity, atorvastatin generated sales of nearly $600 million for Ranbaxy, according to Bhagwan Singh Chaudhary, a research associate at the brokerage IndiaNivesh

FDA said it will continue to oversee the recall process and work with the Ranbaxy to resolve pharmaceutical quality issues.

The recall is the latest in a series of manufacturing problems at Ranbaxy, which is operating under heightened scrutiny due to past problems that nearly derailed it ability to sell atorvastatin in the United States.

In 2008, the FDA banned the company from importing about 30 drugs after it found manufacturing deficiencies at two of the company's facilities in India, and Ranbaxy was later accused of falsifying data used in drug applications.

Under a proposed settlement earlier this year, Ranbaxy agreed to engage a third party to conduct a review of its facilities, implement procedures to ensure data integrity in its marketing applications, and ensure it meets good manufacturing practices.

If you or someone you know has suffered injury due to a defective drug/medication call the experienced defective product attorneys at Buttafuoco & Associates 1-800-669-4878

Birth Control Lawsuit could cost Bayer AG $2.75 Billion

Over the past five months Bayer AG, the makers of the birth control pills Yasmin, Yaz or Ocella, have settled about 651 U.S. lawsuites for $142 Million.  With an average of $218,000 per case Bayer AG could stand to lose over $2.75 Billion in settlements.  Don't feel bad for Bayer AG...that translates to only two years in profits.

The lawsuits against the makers of Yasmin, Yaz, Ocella allege that Bayer AG knew of the dangers associated with the drugs but marketed them as safe anyway.

If you have suffered blood clots or gall bladder injuries you NEED to contact a experienced attorney right away.  Bayer is doing a rolling settlement with law firms representing these clients.  However, the litigation will eventually stop leaving some injured patients without proper compensation.

Our law firm is representing clients who have suffered injury as a result of Yasmin, Yaz, or Ocella birth control pills. Call today to speak with one of our attorneys.  1-800-669-4878.

Traumatic Brain Injury ("TBI") and the UNIQUE questions involved in representing TBI victims

Traumatic Brain Injury (TBI) is a little understood injury in which the injured victim is injured as the result of direct (and sometimes indirect) trauma to the brain. As attorneys involved in the representation of victims of ALL TYPES OF ACCIDENTS we are very much aware of the peculiar issues involved in representing clients who are the victims of TBI. Some of the issues presented in TBI cases are unique to these types of cases.

One of the most difficult aspects of handling a TBI case is that the victims of TBI often look exactly like other healthy people. Indeed, they may look no different than anyone else you may meet on the street so it is hard for decision makers (judges, juries, claims adjustors) to appreciate the full impact of the injury to the victim. They also look no different than they may have looked BEFORE the accident so this poses a special challenge to the attorney who is trying to communicate the seriousness of this injury to a judge or a jury or an insurance adjustor, in order to get fair and adequate compensation for his client. Many of these cases are settled for insufficient amounts because the lawyer himself does not appreciate the seriousness of the injury or the significance of the complaints the client is making. It is, therefore VERY IMPORTANT for a client to have a Traumatic Brain Injury Lawyer who is experienced in handling and understanding TBI cases.

In many TBI cases the victim of the TBI is often not able to report a "LOC" or "loss of consciousness." Think about it. How can someone tell if they lost consciousness if they were not conscious?! It is often necessary to rely on the testimony of third party witnesses to tell us whether the patient was unconscious at the scene of the accident. Even a short loss of consciousness can be very significant in diagnosing a TBI. The lawyer must do a thorough investigation of the events surrounding the accident.

Furthermore, loss of consciousness (LOC) is NOT NECESSARY for even a serious TBI, a strange as that may seem. There is the famous case of Phineas Gage, a railroad man at the turn of the last century. By a freak accident, he had a an entire railroad spike embedded in his brain (through his eye) and he NEVER SUFFERED A LOSS OF CONSCIOUSNESS!!! Amazing. His case is still studied and cited by experts everywhere. Serious brain injury with no loss of consciousness!! He may not have suffered any loss of consciousness but his entire personality changed after the accident. He was a different man! And not in a good way.

Finally, YOU DON'T NEED A DIRECT IMPACT TO THE BRAIN TO SUFFER A TBI! There are many reported cases, especially involving women (who have more delicate bone structure in the neck) where a WHIPLASH type injury caused a serious TBI. These cases present a special challenge as the opposition tries to defend these cases by saying that there never was any head trauma. The point, however, is that you do not need head trauma to have BRAIN TRAUMA!! The brain can slosh around inside of the head and cause serious neurological injury to the "white matter" without any bump whatsoever to the head. Any decent expert will concede that.

It is also important to note that each and every person's brain responds differently to trauma. It is possible that what may be nothing to one person's brain may result in serious injury or even DEATH to another person with the identical trauma. In other words, strange as it may be, some brains can withstand trauma more than others. I recently had a client who died as a the result of a very minor blow to the head. Two people can be in the exact same car during the same accident and one can die (or be seriously injured) while the other is fine.

Thankfully, there have been many recent strides made in the diagnosis and treatment of TBI cases. Much of the publicity and research is being driven by the recent spate of news stories involving head injuries of NFL football players who have suffered devastating effects of TBI that few would have thought possible. The statistics are becoming alarming as a significant number of players are experiencing early death and becoming debilitated in late life from what they thought were "minor" concussions they sustained as players. This has spread awareness and concern to similar injuries in high school athletes where the equipment worn for protection in contact sports my not be adequate to protect the players' brains. Furthermore, much research is being done on soldiers with head injuries returning from the wars in Iraq and Afghanistan and breakthroughs in technology and computerized testing is now available to more adequately diagnose and treat these serious TBI injuries.

The brain is a complex and delicate organ. It is composed of both "grey" and "white" matter. Experts will uniformly tell you that the brain has the consistency of Jello. The curves, folds and indentations of the brain that we often see on diagrams and models is what we typically refer to as the "grey matter." That is the brain tissue, if you will. It is what you would be holding if you were holding a brain your hand (this is an oversimplification, of course). the white matter is the "wiring" of the brain and is composed of many millions of delicate neurons, axons and dendrites and other connective wiring that makes the brain function. It is the wiring of the brain that lets the brain communicate to itself.

Until recently, the only damage that could ever really be visualized in medical tests such as CT scan or MRI was damage to the grey matter. Many TBI victims were often undiagnosed because the MRI and CT scan tests would report back as "normal" when the patients were anything but normal. These patients continued to experience TBI symptoms of headaches, inability to concentrate, dizziness, vision problems, reactions to loud noises, personality changes, loss of taste or smell, balance issues, confusion, memory loss (both long and short term) and other symptoms. What was going on? They wondered.

While there have always been sensitive and talented neurologists and neuro-psychologists that were able to clinically diagnose these patients by spending considerable time on evaluating their complaints in detail, many patients were given short shrift and told that they were "OK" and should just "get on with heir lives." This was very discouraging for those TBI patients who simply knew that they did not feel well and could not perform and face life's challenges the way they used to. It was very frustrating for them to be told that they were healthy when in fact, they were not.

With the invention of new technology such as DTI (Diffuse Tensor Imaging) and other sophisticated tests, we can now "see" damage to the white matter (brain wiring) and are able to diagnose neural axonal shearing, which is a tearing disruption of the brain's wiring. In addition, there are other sophisticated tests which can measure loss of brain volume and "see" microscopic "bleeds" in different areas throughout the brain that may correspond to the particular complaints and difficulties the patient is having. This gives strong credibility to the TBI patient and is comforting in assuring them that they are "not crazy" or "faking" as some heartless people have claimed. They are, in fact, seriously neurologically injured and need our help. In the handling of accident cases it may be surprising to learn that it is often the lawyer of the victim who assists in actually diagnosing the patient with TBI and not the doctors because it is the lawyer who has the most regular and constant interaction with the patient over time and comes to realize that the patient is having difficulties processing information which the patient often may not realize, themselves. The lawyer may then refer the patient to the appropriate specialist to finally get the tests needed to get the patient help.

The other important thing to realize about Traumatic Brain Injury is that it is an injury that is more like a disease than an event (like a broken bone, for example). In a typical trauma to the body case, the body suffers an injury and then that injury gets treatment and, over time, it heals. In the example of the fractured (i.e. broken) bone, it typically heals up stronger than it was before the accident and the patient can resume his/her normal activities. Brain injuries are not like that. Brain injuries can be PROGRESSIVE, meaning that they get WORSE as time goes on and as the patient gets older. TBI has been known to bring on, for example, an EARLY onset of Alzheimer's Disease in patients that would have suffered from that disease eventually. There is something about TBI that causes loss of brain volume, as well. There are also now tests that can measure this. Although much is still not understood about TBI, we are making progress. TBI is best understood as an ongoing disease process, not as a one time event.

TBI patients need lots of help. They need cognitive retraining and other expensive services that cost many thousands of dollars over many years to make they more functional. Lawyers have to project and present the FUTURE COST of treatments to TBI patients in FUTURE DOLLARS so that the jury or judge can understand what will be necessary for the patient in the future. This is the only way to ensure that the victim of a TBI receives the care that he/she needs. Most of this treatment is not covered by health insurance.

One of the saddest things about TBI is that the patient becomes a "different person" than he/she was BEFORE the accident. This is sort of a "death" of the patient, as it were. with the patient being replaced by a new and completely different person, in more extreme cases. This can be terribly taxing on the family and particularly the spouse of the TBI victim. There are many situations in which the family simply deteriorates after a TBI to a family member because the family is not able to cope with the special needs of a TBI victim. It takes a great deal of patience, love and understanding for families to deal with problems of this magnitude.

The next time you encounter someone with a TBI, even though they may "look normal" try to be understanding and open minded to their plight and understand that they are going through a very difficult and painful life change and will likely never be the same person again.

Buttafuoco & Associates
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Study Finds Criminal Pasts of Nursing Home Workers

More than 90 percent of nursing homes employ one or more people who have been convicted of at least one crime, federal investigators said Wednesday in a new report. In addition, they said, 5 percent of all nursing home employees have at least one criminal conviction.

The report was issued by Daniel R. Levinson, inspector general of the Department of Health and Human Services, who obtained the names of more than 35,000 nursing home employees and then checked with theFederal Bureau of Investigation to see if they had criminal records.

“Our analysis of F.B.I. criminal history records revealed that 92 percent of nursing facilities employed at least one individual with at least one criminal conviction,” Mr. Levinson said. “Nearly half of nursing facilities employed five or more individuals with at least one conviction. For example, a nursing facility with a total of 164 employees had 34 employees with at least one conviction each.”

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Buttafuoco & Associates

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