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Blunt Force Trauma and TBI
Traumatic brain injury is more commonly known by its medical name as either a coup and/or contrecoup injury – the initial impact and the counter impact.
One of the leading causes of death in the U.S. for people under the age of 45 is traumatic brain injury. In fact, a TBI happens every 15 seconds. “Furthermore, there are roughly 5 million Americans that, right this moment, suffer from some form of TBI as a result of car crashes, falls and sports injuries,” explained Lance Sharp, an Austin personal injury lawyer at The Sharp Firm.
While one may be excused for thinking the skull is tough as nails, the brain on the other hand is a great deal more fragile, more fragile than we might think. “Not only is it one of the most complex organs we have, but it is also very soft and extremely vulnerable with a general consistency of slightly firm pudding,” outlined Sharp. It’s no wonder that it is susceptible to bruising injuries when it is smacked about inside the cranium.
The brain may be traumatized in two ways. In one instance the cerebral cortex may suffer a contusion after the head has hit a hard object or an object has struck the head (windshield or a bat). In another form of TBI, the deep white matter may suffer from something called diffuse axonal injury, as the result of the head being whiplashed about without striking a hard object, etc. “Depending on how serious the whiplash is, the axons may be stretched so far out of shape they are badly damaged,” said Laura Sharp, an Austin injury lawyer at The Sharp Firm.
The bruising of the brain, or the creation of the contusions, mostly happens to the tips of the frontal and temporal lobes, largely because this is where the brain tends to hit when the head impacts an object or is hit by an object. “No matter how mild, moderate or severe the TBI happens to be, these kinds of injuries must be seen and assessed by a medical professional. Time is of the essence in these cases as well,” added Laura Sharp.
The symptoms of TBI vary dramatically and are not always easy to identify, however some people may present with headaches, dizziness, nausea, vomiting, difficulty balancing, a spacey feeling, poor motor skills, one pupil larger than the other, seizures, slurred speech, numbness and either/or a mood or personality change.
In all cases where TBI is suspected, contact a highly qualified personal injury lawyer immediately and discuss the case with them. The attorney will assess the case based on the details and advise how to proceed to justice. One such firm, with attorneys offering over 40 years of combined legal experience is The Sharp Firm in Austin, Texas.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Tired Deadly Truck Drivers
While there are many reasons why big rig truck accidents happen, one of the more common cited reasons is being dead tired at the wheel and still trucking.
It’s hard to imagine that one of the more common causes of large commercial truck accidents is fatigue, although it makes sense when the whole picture of the trucking industry is brought into focus. Jockeying a big rig doesn’t always pay the best rates and drivers often need to drive for much longer than the legally allowable maximum time on the road. “Approximately 750 people die every year and over 20,000 are injured because of fatigued drivers on the roads with their rigs,” outlined Lance Sharp, an Austin, Texas, attorney at The Sharp Firm.
It’s not too hard to figure out that being sleep deprived will make a trucker, or other driver, drift off while driving, causing the vehicle to swerve into another lane. Other dangerous results due to a lack of sleep may include jackknifing, rollovers and improper down-braking. Unfortunately, when a big rig is involved in an accident, it often winds up involving multiple vehicles. “Over 600 truck drivers a year meet an untimely end as a result of accidents they cause themselves while driving their rigs while not completely awake and alert,” said Sharp.
“Even though it is a legal requirement that log books must be kept, there have been cases where two books are kept instead of one – one showing the required hours a trucker has been driving, and the other showing the actual hours on the road,” explained Sharp. Finding these logs are helpful when it comes to litigating big rig accidents. In addition, if a truck has a “black box” on board, it will help reconstruct what happened prior to the accident.
“Dealing with a large truck accident is most often a mass confusion of overlapping regulations and laws. In most instances trucking accident lawsuits are brought against the trucking company and driver,” commented Laura Sharp. However, there may also be another entire cast of characters thrown into the mix that involves insurance companies, mechanics, government agencies, manufacturers and maintenance companies.
In cases like this, the complete history of the truck, its inspections etc., are crucial to establishing what condition the vehicle was in prior to a collision. Road conditions and maintenance will also play a part in this story.
When there has been a large truck accident, it is vital to contact a large truck accident attorney to have the case dealt with expeditiously. One such law firm in Austin, Texas, is The Sharp Firm, where Lance and Laura Sharp have over 40 years of combined legal experience at your service.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
The Other Guy Is Responsible
If you’ve been in a car crash and it’s the other person’s fault, you have the right to file a personal injury claim.
If you have some experience with being involved in an accident, then you know that at the scene the first thing that seems to happen is that everyone points fingers and says “It was the other guy’s fault,” not that this gets anything settled or makes things easier for those involved in the accident.
Basically, the most crucial thing you will need to know, prior to filing a personal injury lawsuit as the result of a car crash, is who is responsible for the accident. In some states there is the concept of comparative negligence or proportionate responsibility, and Texas is one of them. This means that if both parties are at fault for the accident, the award is apportioned according to the percentage of the liability as determined by the courts.
In these kinds of lawsuits, your attorney is required to prove to the court the other party was at fault due to his or her failure to drive with reasonable care. If it can be proven that the other driver was under the influence of a drug or alcohol, on a cell phone or speeding, and that these circumstances caused your accident, the court may award you the damages you are seeking. If it is proven that you were also on your cell phone and were partially responsible for the accident, your damages will be reduced by the percentage of your determined liability.
When it comes to the question of proving who is legally responsible, there are certain things that the courts must see. Your attorney must demonstrate there is a legal duty to provide due care and attention or care and responsibility. Secondly, you must also prove the other party involved in the accident did not exercise due care and by not doing so, was the direct cause of the accident and your injuries.
Being able to prove these things to a court’s satisfaction will usually mean you may be able to recover compensation for damages to your body or personal property. If you have been involved in a car accident and sustained significant injuries, consult a highly skilled personal injury attorney who will discuss your potential case and advise you on how to proceed. Each case is based on the facts and not all cases will go to court.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Why Motorcycle Accidents Happen in the First Place
There are numerous reasons why motorcycle accidents happen, and many of them are the result of another motorist’s negligence.
It’s unfortunate, but true, that just about one third of all motorbike crashes come about as the direct result of another vehicle turning right in front of them. Even though the speeds involved in an accident such as this may be relatively slower, compared to being on a main roadway, the lack of protection a bike rider has will still spell serious injury or death. Motorbikes don’t stop on a dime either and even if the rider has excellent reflexes, there may still be some significant damages personally and to the bike itself.
It isn’t just the fact that other motorists casually turn in front of bikers that is the problem, it is also incidents that involve driving under the influence of drugs or alcohol, driving recklessly in lousy weather and on poor roads, breaking basic traffic rules and regulations, running stop lights, driving without proper corrective lenses if required and yes, even sleep deprivation. The causes for accidents are legion; the results unfortunately are often very serious injuries or a fatality.
Aside from other motorist’s not paying attention to the rules of the road and acting in a negligent manner, motorcycle crashes may also happen as a result of a mechanic’s negligence. Two wheeled vehicles like this need extra care and maintenance and if a mechanic fails to do what is required with due diligence and care, this puts the biker at a huge risk on the road.
For instance, if a nagging engine problem was not corrected properly, a misaligned tire wasn’t fixed or a balding tire was left rather than putting a replacement on, this failure to do what was necessary to make the bike safe may result in a nasty pile-up later. This is one of the reasons why it is important to know the precise cause of a motorcycle accident in order to correctly apportion liability where it belongs.
While not many people give this much thought, roadways are a major headache for bikers. If those roadways are not properly maintained and cared for and a motorcycle hits loose gravel or potholes, they are likely to skid or flip. In circumstances like this, the bike accident may be attributable to local official negligence.
If you have been in a motorcycle accident and suffered severe injuries, or have lost a loved one to such an accident, contact a highly qualified motorcycle accident attorney who will advise you of your rights. Once s/he knows the details of your case, you will be able to discuss how you want to proceed to justice.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Wrongful Death Suits
Wrongful death suits are litigation filed against someone who is responsible for a person’s (wrongful) death. This isn’t a criminal matter. It is civil law.
A wrongful death may take place literally anywhere, at any time and occur at the hands of a variety of people. “For instance, a wrongful death may involve a medical error, a murder, or a faulty product or equipment,” outlined Lance and Laura Sharp of the Sharp Firm of Austin, Texas. While the reasons for a wrongful death are virtually endless and no one denies that a death occurred, many people don’t “get” why a wrongful death suit is really necessary.
In the case where there is a deliberate killing, the general public figures that justice will be done through the criminal courts. They don’t comprehend why someone would hire a wrongful death attorney to file a civil claim. “There are two different courts involved in settling a criminal case as opposed to a wrongful death case, and they each rely of different standards of proof,” explained Lance Sharp.
In a criminal court, the defendant must be proven to be guilty beyond all reasonable doubt. “On the other hand, civil courts only need a preponderance of the evidence,” said Lance Sharp. This means a civil court only needs to have enough evidence that points to the guilt of the defendant. In some instances, when a criminal court declares a person not guilty, filing a wrongful death suit in civil court provides the family with a shot at getting justice.
It is far more common, however, in wrongful death cases the charges are laid against people who have accidently caused a death as a result of their negligence. Needless to say, these cases are fraught with some very volatile emotions and for this reason it makes good sense to hire a highly skilled wrongful death attorney, familiar with these kinds of issues. Such an attorney may be found at the Sharp Firm in Austin, Texas, where Lance and Laura Sharp have over 40 years of combined legal experience.
Wrongful death cases may award damages for medical costs, funeral expenses, loss of wages, loss of companionship, and many other items that a good attorney will not only know about, but will fight aggressively in court to win these damages for their client. In some respects, civil suits brought as the result of a wrongful death serve as a reminder to others that the law is indeed keeping a watchful eye on them.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
The Trauma of Brain (TBI) Injuries
It’s virtually inevitable that those who suffer traumatic brain injury and survive will be left with some form of difficulty for the rest of their lives.
One of the most telling differences in a traumatic brain injury survivor is a change in their personality. “Much of that however, is dependent on the severity of the initial trauma, the victim’s original personality, and where the injury to the brain is located,” explained Lance and Laura Sharp of the Sharp Firm of Austin, Texas. These factors alone will usually dictate what type of deficits may be present in a TBI patient.
The most common differences in TBI patients have been noted as being short-term memory loss, lacking in motivation, difficulties remaining focused, lack of empathy, impatience, a marked increase in being self-centered, depression, bouts of anger, poor judgment, and the inability to follow written instructions. “This isn’t to say that every TBI case will manifest with these symptoms, but there are many that do, in addition to other difficulties as well,” commented Lance Sharp.
In TBI cases, it is critically important to contact a highly skilled TBI attorney who is able to fight for damages that will sustain the injured party for the rest of their lives. The accident may have only happened once, but the TBI is always with the victim every day after the accident. “There are extensive changes in lifestyle for many TBI patients as well, not to mention the sometimes extensive rehabilitation that they need to undergo in order to be able to cope with life, as they now know it,” explained Lance and Laura Sharp of the Sharp Firm of Austin, Texas,
Only a thoroughly qualified TBI attorney will be able to lay out the areas where damages may be claimed in a TBI case. They are many and varied, but having a reputable lawyer assist clients in formulating a life plan to achieve a reasonable lifestyle for the future is vital to a client and their families.
A TBI lawsuit is a lengthy process and the attorney chosen must fight aggressively for the welfare of their client. Clients would be in good hands with the Sharp Firm in Austin, Texas, headed by Lance and Laura Sharp who have over 40 years of combined legal experience at their fingertips.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Causes of Large Truck Accidents
If there is one thing that causes complete havoc and often death on the highways these days, it’s big rigs involved in crashes.
There usually isn’t any contest winner when it comes to a large rig colliding with a passenger vehicle. Most accidents of this nature result in extremely serious injuries, if not fatalities. What is food for thought are the numbers of large trucks cruising on our highways, and that number is well over 14,000,000 according to the Bureau of Transportation statistics.
The most recent statistics available for truck crashes from 2007 indicate total injuries reported were in the range of 81,000, with over 4,500 being fatal crashes. The numbers don’t get any better when tracking non-fatal accidents either, with over 55,000 injury crashes logged.
What’s going on here? Why are there are so many large rig crashes? Many of the reasons don’t take too much thought, and the first things that generally come to mind are speeding, driving while under the influence of some illegal substance, driving while drunk, driver fatigue, and tire blow outs.
There are many other reasons, most of which are not quite as common, but do figure into the fatality statistics, such as driving too fast for the weather or road conditions, not yielding the right of way, driving aggressively, backing up without using due care and attention, improperly trained drivers, driving without a proper license, overweight loads, and vehicle or maintenance failures. With all that going on, it’s not much wonder the rate of accidents on the nation’s highways is as high as it is.
The difficult thing about a trucking accident happens to be that trucking companies are regulated by the federal government. A lawsuit in this area can get quite convoluted and is one of the major reasons you really need to hire an experienced and aggressive attorney with a good track record in handling big rig crashes.
Consider this added bit of information about truck drivers when you are wondering why the rate of accidents involving big rigs is so high. A truck driver may earn roughly 30 cents a mile. If that trucker wants to hit the $32,000 mark a year for salary, s/he is going to be driving a LOT of miles. Many of those miles are done with one thing in mind, cutting the overhead costs of operation. This leads to drivers who speed, drive past their log out time and drive more aggressively in order to make a decent wage.
If you or someone you love has been involved in a big rig crash, immediately consult with a highly-skilled, large truck crash attorney in order to get justice.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
The Car Accident Insurance Run Around
The most annoying thing ever is getting the total run around from your car insurance company after you have had the misfortune of having an accident.
If you’re really tired of the stalling, procrastination and nitpicking your car insurance company is handing out due to your car accident insurance claim, take a number and stand in line. Next to trying to get good seats for the Super Bowl without paying a fortune, fighting with an insurance company ranks right up there in second place. The good news is that you don’t have to put up with it.
There are things you can take into your own hands and get them done, knowing that you have the ultimate option of hiring a highly skilled attorney to get to the bottom of the insurance merry-go-round for you. To get started, make the obligatory phone call to the claims department. You have every reason to expect to get polite service and answers to your questions; after all you pay insurance, which pays that person’s salary.
Always start off by asking the person’s name and then either record the call or take a good set of notes with complete details about the date and time, etc. If you don’t like what you are being told because it seems unreasonable, or you aren’t happy with the way the call is handled, make it a point to ask for the name of the supervisor. Once you have completed the call, make the trek to the Post Office and mail all your documentation to the person you talked to, or send it all by email. This is an alternative method of getting your point across if the phone call doesn’t produce results.
If the documents and phone call(s) don’t make any difference, track down the complaints department if they have one. Do the same thing with the complaints department that you did with the frontline people, including sending in your documents once again. Make sure to also include a copy of your detailed notes and whom you spoke to in this second package.
If all else fails, head for the local insurance department and file a formal complaint. However, having said that, it would make much more sense to hire a highly skilled attorney who is able to handle cases like this and get them settled expeditiously without getting the run around to which you were subjected. While you may ask yourself why a lawyer would get better results, the answer is related to an insurance company preferring to settle quickly and as reasonably as possible without landing in court.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
The Signs of Child Care Abuse
There are signals and subtle signs that a parent should be aware of if they suspect their child is being abused at a day care facility.
While it isn’t always obvious that your child is being abused at a day care facility, there are some things that will tell you something is definitely wrong. “The abuse may be one or more of several types - verbal, physical or sexual abuse, and neglect,” outlined Lance Sharp of The Sharp Firm in Austin, Texas.
Emotional or verbal abuse usually comes in the form of words, meaning the abuser says things to the child that causes emotional or mental harm. Physical abuse is fairly clear, in that it means the abuser is intentionally hurting a child. There are also two forms of sexual abuse, non-contact and contact.
“In situations dealing with non-contact sexual abuse, the perpetrator is showing a child pornographic behavior using videos, pictures, or putting on a live demonstration,” said Sharp. Contact sexual abuse involves the offender forcing the child to perform sex acts alone or with others, or the perpetrator sexually touching the victim.
Neglect is fairly easy to identify and comes in the form of the day care not providing a safe environment for children and not providing proper shelter, food or attention. Of course, any of these situations may cause mental, emotional and physical damage to the victims.
Be aware of these warning signs that show something may be wrong with a child. There will be a change in the child’s behavior and they are suddenly too quiet or are acting out more than they ever did before. They may fight and cry more often, come home with different injuries daily or weekly, insist they don’t want to go to day care and if pushed, pitch a tantrum.
If there is a suspicion of abuse, do not wait to consult with a highly skilled attorney who will assess the case when the full details are provided. Waiting will only prolong a child’s discomfort, pain and fear. An experienced child day care abuse lawyer has the ability to get to the heart of the matter in a way that will comfort both parents and the child involved.
Speaking to Lance and Laura Sharp of The Sharp Firm in Austin, Texas, is one of the smartest moves a person could make. The Sharps have over 40 years combined legal experience and know precisely how to handle these kinds of exceedingly delicate cases.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Sexual Abuse Begins at Home
Statistics have proven time and again that most instances of sexual abuse happen at home, within the family unit. The “stranger” scenario, while possible, does not happen very often.
“The actual facts of the crime of child sexual abuse show that close to 80% of children who do suffer abuse, do so at the hands of a family member,” explained Lance Sharp of the Sharp Firm of Austin, Texas. Further, roughly 19% are abused by peripheral members familiar to the family unit – meaning a good friend, a known and trusted coach, minister, cub or scout leader, etc.
The percentage of children abused by total strangers runs in the area of approximately 1%. While this doesn’t make the numbers any less horrific, it does point out that the myth stating most sexual abuse cases are perpetrated by strangers is just that – a myth. “The problem is that the media makes a huge issue of stranger sexual abuse cases, as it sells papers,” said Sharp, who has, with his partner, Laura Sharp, over 40 years combined legal experience.
Many people also make the mistake of thinking that sexual abuse is something that only happens to smaller children. “This is not the case. It happens at any age and if not stopped, often continues until the child is able to leave the family home,” explained Lance Sharp. If it isn’t bad enough that abuse happens at home, many of today’s youngsters are also exposed to people trolling the Internet for “game,” to abuse. Whether that happens online or offline often depends on if the child is convinced to meet the predator.
Speaking of online stalking for abuse victims, the National Center for Missing and Exploited Children discovered during a survey of 13 to 17 year olds, that virtually 4% of them did meet an Internet friend in person. A staggering 30% opined they’d considered meeting someone they only know over the Internet, and over 71% said they got messages from people they didn’t know, who were them asking personal questions. Those kinds of statistics drive cold fear into the heart of any parent with children, and at the Sharp Firm, Lance and Laura Sharp know these issues and how to deal with them professionally and with dignity.
No matter how a child comes to be a victim of sexual abuse, there comes a time when the family needs to consult with a compassionate and skilled attorney. Choose one who has a demonstrated track record in dealing with issues of this nature, an attorney with the sensitivity to deal with the many heart-wrenching issues that cases such as this encompass. One such firm of Austin, Texas attorneys is Lance and Laura Sharp of the Sharp Firm.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
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