Per the Governors Highway Safety Association, driving while texting is banned in 48 states. In Florida, the law against text messaging goes into effect on October 1, 2019. Missouri only bans texting while driving for drivers 21 or younger. Montana has no laws banning cell phones or texting while driving.

What if you’re in a crash and the other driver was texting? The other driver’s insurance may cover your medical bills and damages to your car. Would it cover the rest of your pain and suffering? Look at one family’s story and see if this sounds just.

Just One Word Can Change Lives Forever

Yep, that’s all it took for an Iowa man to kill two young teens. In that 2016 crash, he also injured their two sisters and their mom. After picking up her daughters after school and heading home for the day, a single mom’s life was changed when a pick-up truck smashed into her car. The investigation found he’d been texting and never even hit his brakes.

Two of the girls died, one suffered a ruptured blood vessel in the brain and the other had spinal cord injuries and a near decapitation. Their mom had multiple broken ribs, a concussion, and a broken shoulder. Her grief, injuries, and daughters’ injuries led to her having to quit her full-time job and stop attending her college classes.

The driver was found guilty of two counts of vehicular homicide and one count of reckless driving. The judge ordered his sentences to be served at the same time due to his clean record and remorse. At most, he will be in prison for 10 years. He was also ordered to pay $150,000 for each girl. A GoFundMe campaign raised the money the mom needed for the funeral expenses for her two daughters. It doesn’t end the family’s loss or lasting effects of the injuries for those who survived.

Five Things You Should Do as Soon as You Can

If you’re in a crash with a driver who was texting and driving, there are five things you should do as quickly as possible. You’re going to be stressed. You may forget to do certain things. It’s okay if you don’t get everything. You have police, insurance adjusters, and other experts gathering this information, too.

#1 Stay Still Until You’ve Been Assessed

The first and most important thing is to take care of yourself. When your car stops, you feel okay. Don’t move if you can avoid it. You’re going to have adrenaline rushing around your body. Adrenaline is known to mask pain. You could have an injury and not realize it. Sit still until EMTs assess you.

#2 Get Photos But Only If You’re Able

At this point, you may be heading to the hospital. If they clear you, you could get photos of the scene. Don’t worry if you can’t get photos, the investigators called to the scene will do this.

#3 Swap Information With the Other Driver

Get the driver’s information. A name, insurance information, address, and phone contact are important. You’ll be making a claim against his/her insurance, so you need that information to be correct. A photo of the other driver’s insurance card ensures you get the policy number correct. Again, police will get that information if you’re not able to do so on your own.

#4 See a Doctor Even If the EMTs Said You Are Fine

You should go to the hospital or family doctor to get checked. You might feel fine and EMTs may have cleared you, but it’s still ideal to get checked by a doctor. As the adrenaline and shock wear off, you may start feeling pain. This gives the doctor more information than the EMTs had at the scene. It also starts a paper trail with a medical expert’s assessment, instructions on follow-up care, and how much time you should take off work to heal.

#5 Talk to a Personal Injury Attorney

Talk to an attorney that specializes in car crashes. If the insurance settlement isn’t enough, an attorney can discuss your options. It gives you an expert’s opinion on what to do to make sure you get a settlement that takes care of your bills now and in the future. People often fail to think about the emotional toll a crash has on them months down the road. Panic attacks and a fear to drive may plague you and require weeks or months of therapy.

You shouldn’t have to settle for the insurance company’s best offer when someone broke the law and injured you. You deserve full restitution for your emotional and physical injuries and lost income. The personal injury attorneys at Trial Lawyers for Justice accept car crash cases in several states. If you were injured by a driver who was texting, call TL4J. It costs nothing to see if you have a valid complaint.

Medscape surveyed thousands of physicians about malpractice. More than half admitted they’d been named in a medical malpractice lawsuit. Surgeons and OB/GYNs were the most likely to be sued. Of those lawsuits, 3 out of 10 cases were settled before the trial.

Hospital doctors and nurses are not infallible. While exact statistics on the actual numbers of patients who are injured or harmed due to malpractice are hard to find, MD Magazine estimates that it could be as high as 4 million.

It’s also estimated that up to 400,000 wrongful death cases occur due to malpractice.

Those are the numbers. What about the most common types of medical malpractice? What’s happening in medical settings that lead to malpractice claim? These medical mistakes top the list. If you feel you’re a victim of any of these malpractice types, seek a free consultation from an attorney.

Errors During Surgery

Surgical errors are very common. According to the Agency for Healthcare Research and Quality, more than three-quarters of surgical errors occur when the wrong side or area of the body is operated on. Other common errors are the wrong surgical procedure or the incorrect patient is taken into surgery.

Here’s an example of a surgical error that occurred in Florida. A woman went to the hospital in 2016 to have bones in her back fused following a car crash. As she was prepped for that back surgery, another surgeon thought he saw a tumor in her pelvis. While he was only instructed to make the incisions that exposed her back, he decided to immediately remove the mass. That mass turned out to be a healthy kidney.

Failure to Properly Treat the Condition

Sometimes, patients go to the doctor, wait for the diagnosis, and then head home with the doctor’s instructions in hand. They do everything they’ve been told, but they take a turn for the worse. They may not even try to treat a condition at all for one reason or another or offer just one solution when there are several. Failure to properly treat is a common malpractice error.

A New Hampshire woman went to the hospital with abdominal pain and learned she had an abscess and that an abdominal surgery was needed. No other options were given despite experts at other hospitals saying they could have just drained the abscess using a less invasive technique. The surgery caused complications, which lead to a lawsuit involving informed consent.

Injuries During Birth

Injuries during a birth are also a leading reason to consider a malpractice case. It may happen more often than expected because there are no federal rules stating medical residents must have a more experienced physician in the room when a c-section is performed.

A Louisiana couple was excited for the arrival of their child. When the baby’s heart rate dropped during a labor, an emergency c-section was ordered. While the husband was suited up for the delivery, the wife underwent the surgical procedure. The doctors turned out to be three residents who ran into complications. Almost half an hour passed before the residents called for help after her uterus ruptured.

Mistakes With the Diagnosis

When a doctor fails to diagnose a health issue, it can cost a patient his or her life. One of the most common mistakes involves diagnosing cancer. Melanoma is one type of cancer that’s often missed. A doctor sees a mole, doesn’t believe it looks suspicious, and doesn’t refer the patient to a specialist or order the mole to be biopsied.

Here’s an example of a highly-publicized medical malpractice case. In 2003, actor John Ritter was on the set of his popular TV show 8 Simple Rules for Dating My Teenage Daughter when he suddenly didn’t feel well. He said his chest hurt, he felt nauseous, and he was dizzy. He was allegedly diagnosed with an acute myocardial infarction, but he actually had an aortic aneurysm. While a jury didn’t find the doctor guilty of wrongful death, the family did get $14 million in other settlements.

Mix-ups With Medications

Over the year, several changes have been implemented to reduce the risk of a medication error. That doesn’t mean they don’t happen. Doctors have to write legibly now, though most type out orders and send them to pharmacies directly. There are still cases where mistakes are made, and this is a good example.

A doctor in Tennessee prescribed an anti-anxiety medication to a patient who had claustrophobia and needed a CT scan. The nurse in charge of giving the patient the medication didn’t find it in the system, so she used another method to get the medication and clicked on the first result. She didn’t notice that the wrong medication came up in the results. The patient was given the paralytic medication and went into cardiac arrest.

Do You Have a Case?

While mistakes happen, in a medical setting there should be a system in place to double and triple check medications, test results, or procedures. If you feel you’re a victim of malpractice, talk to our lawyers. You could have a valid complaint.

Our team will fight for you. There’s a reason Trial Lawyers For Justice is considered the best trial firm in the Midwest. Let us know more about your medical situation on our contact page or call 866-854-5529.

Pregnancy is an exciting and nerve-wracking time. One of the times it’s especially nerve-wracking is when you’re in a car crash. Between 2006 and 2012, the NHTSA reported approximately 112,300 pregnant women were in car crashes. In those cases, approximately 2 percent of the fetuses didn’t survive the crash. Fetal death in a car crash is not common.

If you’re in a car crash in any stage of your pregnancy, it’s stressful and is likely to leave you scared and uncertain. That’s understandable. If you’re in a car crash while pregnant, make sure you do these things in this order.

Always Wear Your Seat Belt

Protect yourself and your unborn child by wearing a seat belt. It may not be comfortable, but it’s the best way to avoid being thrown forward or to the side during a collision. The seat belt should go across the shoulder and chest and not across your neck. The lap belt should be below your belly and not over it.

Why wear your seat belt? In the same NHTSA study, they found that 99.9 percent of the women who wore seat belts did not have any injury to the placenta or uterus, which is a leading reason for a fetus to go into distress.

Ask for Paramedics

If possible, ask for paramedics to be called. While trauma to the fetus isn’t likely thanks to the protective amniotic fluid and muscle of the uterine wall, it’s best to get checked out. You could have head injuries, and your unborn child needs you to be healthy, too.

When the paramedics arrive, tell them how far along in your pregnancy you are and ask to go to the hospital. The fetal heart rate will be monitored. Your OB/GYN may request an ultrasound to make sure the placenta is still attached and that the fetus is okay.

While you’re waiting for paramedics to arrive, have someone at the scene take photos of the crash. If you have to take them, try to do them while sitting down. If you have a dash cam, store the footage and save the files on the SD card or to the cloud if that’s an option.

Call Someone to Meet You at the Hospital

You’re going to be stressed. You will also probably be sore where the seat belt and possibly airbag hit you. Don’t expect to drive yourself home. Have a significant other, best friend, or family member meet you at the hospital. You’ll be calmer if you have a support person by your side. That person can also help by starting paperwork related to the medical care you receive and forms that the police and insurance companies may need.

Listen to the Doctor

After you’ve been monitored, carefully listen to the doctor’s instructions. Make sure you know warning signs for issues. If you don’t feel the baby kicking for hours and hours, call and ask to be seen. Explain you were in a car crash. Take it easy. If the doctor tells you to take a few days off of work, do so. If you’re worried about lost income, auto insurance will cover that. Also, make sure you attend follow-up appointments.

Call an Experienced Car Crash Attorney

After a crash, auto insurance companies get to work. Someone is sent to appraise the damages to your vehicle. They estimate the current value of your car to see if it would cost more to fix it than to replace it. They look at your medical bills and expenses like lost income or rental cars. Using this information, they come up with the settlement offer. You are not obligated to accept the settlement. The insurance company’s goal is to give you a fair settlement without being excessive. That amount may not be enough.

The car insurance company rarely factors in the time it’s going to take you to find a replacement car. If they’re paying for a rental for one week, you may struggle to find a car in the same condition as yours that’s within an hour of your home. They’re not thinking of the hours you’re spending trying to find a new car.

Request a consultation with a personal injury attorney. Bring any evidence you’ve already obtained, such as the  report, investigating officer’s name, and the other driver’s name and insurance information. An attorney can tell you if you have a case or if the settlement offered by the insurance company is fair.

Call Trial Lawyers For Justice to discuss your car crash. Don’t settle with the insurance company without first talking to an expert in personal injury cases. Contact us online for a free consultation.

You see TV shows about plastic surgeries gone wrong. Whether you’re watching the British show Botched Up Bodies or the U.S. show Botched, there’s a lot of attention being drawn to the ways plastic surgery can go horribly, horribly wrong.

It’s one thing to watch these cases on television. What if it’s you that had the botched plastic surgery? Can the legal system help you at all?

Many people mistakenly think that they signed up for the cosmetic surgery and signed medical forms stating there are risks to any surgery. Signing that form doesn’t mean you don’t have a case. That form covers expected risks like nerve damage and visible scars. If the doctor made a mistake, you may have a case for plastic surgery medical malpractice.

Every Cosmetic Procedure Has Risks and a Possibility for Malpractice

Realize that you’re not alone. While a medical malpractice case involving plastic surgery may be more challenging to win, it’s not impossible. There have been cases where the doctor or surgeon makes avoidable mistakes.

There are non-invasive procedures. They often have less risk, but there can still be complications caused by medical malpractice by a plastic surgeon or specialist who administers Botox injections, and soft tissue fillers. The five most popular invasive plastic surgeries are:

• Breast augmentation
• Liposuction
• Rhinoplasty
• Eyelid surgery
• Tummy tuck

Take a closer look at some of the situations where a plastic surgery medical malpractice case was considered or filed.

A Brazilian butt lift is a procedure where a technique similar to liposuction is performed to draw excess fat from the stomach and back. That fat is then processed and moved to the rear to enhance the shape and size of a  posterior.  A Florida doctor was performing them in his clinic when a patient died. An investigation found that he had multiple violations and patient injuries or death. Some of the violations included not performing proper examinations prior to the surgeries and injecting the fat into veins that created blockages.

In Georgia, a medical malpractice suit was filed for two sisters who went to a plastic surgeon for Smartlipo, a less invasive liposuction procedure that uses lasers to melt fat before it’s suctioned out. After the procedure, they learned the doctor instead performed a traditional liposuction. That same doctor also faces lawsuits for filming and posting videos of herself dancing and singing in between incisions.

Breast augmentations are the most popular plastic surgery. A Jacksonville, Florida, doctor was charged with medical malpractice by three women and dozens of others started coming forward after the initial complaints. In some of the women’s implants contained mold. Some of the women asked for breast reductions and were instead given enlargements. Some woke up during surgeries, and one found a surgical sponge had been left inside her breast after the surgery.

When searching for a plastic surgeon, most patients know to look for board-certified surgeons. A Nebraskan cosmetic surgeon told patients he was board certified in cosmetic and plastic surgeries, but he lied. He was only board certified in family medicine. Multiple women came forward with excessive scarring, nerve damage, and pain following arm lifts, breast augmentations, liposuction, and tummy tucks.

Steps You Need to Take

When your plastic surgery went wrong, document every change and medical expense. Bring in paperwork proving you and surgeon had a professional relationship. To win your case, there needs to be proof that a mistake was made.

Photos, medical bills, doctor’s instructions, and statements from other patients all help build your case. Get second opinions from other plastic surgeons to have estimates on what it’s going to cost to correct the damage. An experienced trial attorney helps you each step of the way.

If you win your case, compensation typically covers medical expenses to correct the damage. You can also get time lost from work, pain and suffering, and punitive damages if the surgeon’s actions were negligent.

Call an Attorney Who Specializes in Cosmetic Surgery Medical Malpractice

At Trial Lawyers For Justice, you’ll get the answers you need. Attorneys with years of experience in plastic surgery errors offer free advice. You don’t pay any fee unless your case leads to a successful verdict or settlement. Reach out via phone, email, or live chat. Don’t assume you don’t have a case. Quite often, you do and you’ll have an expert guiding you until there’s a judgment.

An experienced lawyer can tell you if you have a case after a botched plastic surgery. Trial Lawyers For Justice have helped more than $1.5 billion for their clients. Don’t worry about money. You only pay your attorney if you win the case. It never hurts to ask for legal advice. 

Police across the nation reported 7.277 million vehicle crashes to the The National Highway Traffic Safety Administration in 2016. Of those crashes, only 2.177 million people received injuries. More than 5 million people avoided injury thanks, in part, to modern safety features and use of restraints.

Injuries received during an auto crash depends on the speed vehicles are traveling. Other factors include the areas of impact, what was loose within the vehicle and acted as a projectile, and whether the driver and passengers used restraints.

During a crash, the force of the crash and damage to a vehicle lead to injuries ranging from minor to severe. These are the five most common injuries in auto crashes.

Contusions and Cuts

Even in a low-speed car crash, soft tissue damage is possible. If the seatbelt locks up and holds you steady, contusions or bruises occur where the seatbelt held you in place. Projectiles within a car, such as a purse, cell phone, or travel mug, may fly into you and cause bruising or cuts.

At faster speeds, equipment within the car may get pushed into the vehicle’s cabin. Shifting of the sun visors and rearview mirrors leads to cuts the skin on cheeks and foreheads. Broken glass from windshields and windows can hit the skin and cause scratches. Metal framing that pushes inward also cuts or scrapes the skin.

Some cuts need stitches, staples, or butterfly closures. Mild scratches and scrapes receive cleaning to remove debris. They are disinfected and covered with protective bandages. Bruises are harder to treat. A cool compress helps ease the swelling and discomfort.

Bone Fractures

Fractured bones are likely in a car crash, especially bones in the hands. The force of the steering wheel and airbag on the fingers, hand, and wrist can snap bones backward and lead to breaks or dislocations.

Feet and legs also take a lot of the impact. In a front-end crash, the engine can push into the dash and cause the dash and equipment on the dash to push into feet and knees.

Hip and pelvis fractures happen when the body jerks violently back and forth or to a side. Fractured or broken ribs are possible due to the force of the airbag as it deploys. Bones in the neck and spine may shift out of alignment and fracture during impact.

Fractures or bone breaks may be broken but not out of position, broken into pieces, or in pieces and through the skin. The amount of time needed to heal from a broken bone depends on the severity and location of the break. You may be asked to take it easy for weeks or months. Casts, splints, or surgical intervention are all used to treat breaks. Physical therapy can help you regain mobility.

Brain Injuries

A concussion occurs when the head jerks or moves back and forth in a quick, abrupt manner. The brain gets bounced around within the skull causing damage or chemical imbalances within the brain cells.

Symptoms of a concussion may not appear immediately. Dizziness, headache, nausea, and ringing in the ears are early warning signs. If confusion, lethargy, slurred speech, or seizures occur, the concussion is severe and needs immediate medical attention.

Doctors use CT scans and MRIs to diagnose a concussion. If a scan shows you have suffered a concussion, you’ll need time to heal. Doctors will ask you to relax, avoid any strenuous exercises and tasks that require a lot of focus.

Whiplash

Whiplash occurs when the soft tissue within the neck is strained. The tissue of the joints, ligaments, and muscles get stretched suddenly. Neck and shoulder pain and stiffness are key symptoms, but people with whiplash also experience dizziness, a hot prickling sensation, and headaches.

Whiplash needs time to heal. Many individuals heal within 12 weeks. A cervical collar can help support the neck as the soft tissue heals. Heat pads help ease the pain. Plus, NSAID medications help with both pain and inflammation.

Contact an Attorney

If you are injured in a car crash, you must focus on yourself first. Always let an EMT check you over for injuries. Don’t move until you’re told you can. Damage to the neck or spine can be serious and worsen if you shift position.

Go to the hospital if it’s recommended. Even if you feel fine, seek medical attention and get a professional assessment. The shock of the crash increases adrenaline. As the adrenaline levels decline, pain and discomfort may begin to be apparent.

After you’ve been examined by a physician and are able to discuss the crash, contact an attorney as soon as possible. Legal representation protects your interests and helps you focus on yourself. You need time to recuperate from minor or severe injuries. An attorney can look over the reports, file paperwork, talk to automobile insurance companies for you, and make sure you’re getting a fair settlement.

Make sure you’re getting restitution that covers the time it takes to heal physically and emotionally. Schedule an appointment for a consultation as soon as possible.

Whiplash is a soft tissue injury caused by a sudden extension and retraction of the neck. This injury can occur in many ways, but it is often associated with car crashes since the force of the crash can jerk your head forward and backward. In fact, the Insurance Institute for Highway Safety (IIHS) has stated that whiplash is the most frequently reported car crash injury in the U.S.

The symptoms of whiplash can linger for months and severely impact your life. Fortunately, there are certain steps you can take to reduce your risk of suffering whiplash in the event of a crash.

How to Prevent Whiplash in Car Crashes

There are several steps you should take before hitting the road in order to reduce your risk of sustaining whiplash in a crash. First, take a few moments to adjust your headrest. As its name suggests, the headrest should be positioned directly behind your head while you are riding in a vehicle. The top of the headrest should be at the same level as the top of your head. If you are tall, the headrest may not extend to the top of your head. In this case, simply raise the headrest as far as it will go. If you are short, the headrest may be above the top of your head even when it is in the lowest position. This is perfectly fine as long as it has lowered as far as possible.

You should also sit back in your seat so there is as little space as possible between the back of your head and the headrest. You may need to adjust the recline angle on your seat to make this happen. According to the Whiplash Prevention Campaign, the seat should be inclined to less than a 20-degree angle. This slight angle keeps your body in place in the event of a crash, so your neck may not jerk forward and backward. A headrest that is within a few inches of the back of your head is twice as effective in preventing whiplash, so this is an important step to follow every time you get into a car.

Wearing your seatbelt can also reduce your risk of sustaining whiplash and other serious injuries in a crash. However, the seatbelt must be worn correctly or it will not be effective. Many people adjust the shoulder belt so it is behind their back instead of across their chest. This adjustment may make the seatbelt more comfortable, but it reduces its effectiveness. Wear the seatbelt properly so it can hold your body in place and minimize movement in a crash.

Even if you follow all of these steps, it’s possible that you will still suffer whiplash if you are hit by another vehicle. If this happens, it’s important that you know exactly what to do to protect yourself and your rights as a car crash victim.

I Sustained Whiplash in a Car crash. What Should I Do?

No matter how minor the crash is, call 9-1-1 right away. If someone is seriously injured, ask the dispatcher to send an ambulance. Otherwise, simply tell the dispatcher you will need a police officer to come to the scene to take a report.

You may not need emergency medical treatment at the scene of the crash. But, it’s in your best interest to seek medical attention immediately following a crash even if you are not experiencing any pain or discomfort yet. The adrenaline that is rushing through your body after a car crash can mask pain, so the symptoms of an injury may not appear until hours or days after the crash. Seek medical attention right away so a doctor can examine, diagnose, and treat your injuries.

Before leaving the scene of the crash, it’s important to take pictures of the crash. Photograph the vehicles, including the way they are positioned and the damage that occurred as a result of the impact. You should also take pictures of your surroundings to capture traffic lights, signs, and debris that may be in the road. All of these photos are vital to your personal injury case.

If anyone saw the crash occur, try to make contact with them prior to leaving the scene. Ask for their contact information and a brief description of what they saw. Their testimony may be used to prove that the other driver was at fault for the crash. You will also need to exchange contact and insurance information with the other drivers involved in the crash. When speaking to other parties at the scene, do not discuss the details of the crash. You may end up taking responsibility for the crash or telling the other parties that you are not injured, which can hurt your personal injury claim.

After you have been treated for your injuries, seek legal representation from a personal injury attorney. If the crash occurred due to another driver’s negligence, you are entitled to compensation for your whiplash injury. But first, you must convince the at-fault party’s insurance company that you deserve compensation. An attorney can ensure the insurance company does not try to blame you for the crash by presenting evidence that clearly shows their policyholder is at fault. A personal injury attorney can also calculate the value of your claim and negotiate with the insurance company to reach a fair settlement.

Are you suffering from whiplash as a result of another driver’s negligence? If so, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Our team of personal injury attorneys will work tirelessly to recover the maximum compensation available for your injuries. Let us handle the legal aspects of your case so you can focus solely on your recovery.