Tuesday, 6 July 2010 21:47

Personal Injury

Written by Law Offices Of Gary Green

There are virtually no injuries that we have not handled at Law Offices of Gary Green. The vast majority of our practice is devoted to personal injury and wrongful death claims. Many of these cases are successfully resolved without having to file suit because of our extensive experience with the law and claims management.

At Law Offices of Gary Green, we understand that injury in a personal injury case means more than the physical injury itself. We take into account our client’s future employment, foreseeable medical treatment and costs, future rehabilitation, vocational retraining, economic loss, and mental health issues. We understand that injuries may have psychological components that impact a client’s life that have to be taken into account as well. Even a routine accident without devastating injuries, frequently results in Post Traumatic Stress which can impact a person’s marriage, job, and normal functioning in society.

Having a lawyer is essential in a personal injury case because the insurance companies’ claim’s adjusters are paid to save their company money. The insurance industry’s own statistics concluded that those who retain lawyers to help them with their personal injury and wrongful death claims fare better than those who do not. That is reason enough to seek out a good law firm to help you.

We accept personal injury claims on a contingent basis. All cases are unique, so call us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com if you have questions or need additional information.

Friday, 21 May 2010 22:41

Private Insurance Disability Claims

Written by Law Offices Of Gary Green

We may be able to help with disability claims against insurance companies when disability coverage has been purchased by you directly from an insurance company or provided to you through your employment. In situations where the insurance company has breached its duty of good faith in dealing with you and denying obviously deserved benefits, we can advise regarding remedies in excess of a claim merely for benefits. Such remedies can include punitive damages, statutory penalties, costs, interest, and attorney fees.

We are willing to consider these claims on a sliding scale contingency fee basis. The amount of the fee can be determined by the amount of the benefit claimed and the level of our involvement. We can discuss acting as escrow agent and attorney to collect benefits directly from the insurance company and then disburse to you through our trust account—even in situations where benefits have not been denied.

If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com if we can help.

Friday, 21 May 2010 22:41

Toxic Torts

Written by Law Offices Of Gary Green

Toxic tort cases are complex litigation cases that seek recourse for a person injured by hazardous materials and chemicals. In the United States, toxic materials are found in the air, water, food, work place, and even at home. Harmful substances include lead paint, pharmaceutical drugs, toxic mold, pesticides, chemicals and asbestos.

Many people come in contact with toxic materials by occupational exposure or pharmaceutical drugs. Because of the abundance of toxic materials in our country, there is a serious risk of exposure that can lead to  injury, disease, and death. Victims of a personal injury caused by exposure to a toxic substance may seek recourse for serious injuries.

Additionally, these cases often result in a class action law suit, because toxic exposure usually affects more than one person.

If you or a loved one has had an injury or illness due to a toxic substance, we may be able to help. If you have any questions or need additional information, call us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:40

Compartment Syndrome

Written by Law Offices Of Gary Green

Acute Compartment Syndrome is an acute medical problem following injury, surgery or in most cases repetitive and extensive muscle use in which increased pressure (usually caused by inflammation) within a confined space and without proper treatment, may lead to nerve damage and muscle death. This condition is most commonly seen in the leg. It is a medical emergency that requires immediate surgery known as a fasciotomy to allow the pressure to return to normal.

The connective tissue that defines the compartment does not stretch. A small amount of bleeding into the compartment, or swelling of the muscles within the compartment can cause the pressure to rise greatly.

Common Causes of Compartment Syndrome include:

  • Tibial or forearm fractures
  • Hemorrhage (bleeding)
  • IV Drug injection
  • Prolonged limb compression, crush injuries and burns
  • Casts

Signs and Symptoms: (Known as the 6 “P”s)

  • Pain out of proportion to what is expected
  • Paraesthesias (altered sensation)
  • Passive Stretch pain
  • Pulseless
  • Paralysis
  • Pressure on passive extension of the compartment

Pain is often reported early and almost universally. The patient usually reports deep, constant, and poorly localized pain that is usually out of proportion with the injury. Pain is aggravated by stretching the muscle group and is not relieved by medication up to and including Morphine.

Parestheisa is altered sensation e.g. “Sticks & Needles”.

Paralysis & Passive Stretch of the limb is usually a late finding. The affected compartment may feel very tense and firm as well as pressure.

Failure to relieve the pressure can result in necrosis (death) of tissue in that compartment and hypoxia (lack of oxygen) of those tissues. If left untreated, Acute Compartment Syndrome can lead to more severe conditions and loss of the affected limb.

If you you or a loved one is suffering from Compartment Syndrome, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 to discuss your legal options or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:32

Birth Injury

Written by Law Offices Of Gary Green

Birth injury lawsuits can be brought against healthcare facilities, doctors, surgeons and medical staff with allegations that can include negligence, wrongful diagnoses or failure to diagnose physical defects in unborn children, and for causing injuries or disabilities in newborn children including cerebral palsy.

If you suspect that your child is the victim of a birth related injury, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:30

Medical Negligence

Written by Law Offices Of Gary Green

Medical negligence cases are complex and challenging. Their difficulty is increased by the fact that most medical professionals refuse to testify against a colleague. So, the cost and risks associated with these cases are high.

The time limit imposed by law for filing a case is called the law’s statute of limitation. Medical cases statues of limitations are usually shorter than most others. For example, the statute of limitation for a tort case in Arkansas is 3 years, while the statute of limitation for a medical negligence case is 2 years. The statute of limitation for a medical negligence case in Missouri and Oklahoma is 2 years but only 1 year in Tennessee. However, there are varying exceptions for minors for all statues of limitations.

Dystocia

A shoulder dystocia occurs when, after delivery of the fetal head, the baby’s shoulder gets stuck behind the mother’s pubic bone. It has the potential for causing significant, lifelong injury to the baby.

Possible Complications of Dystocia:

Brachial plexus (BRAY-key-el PLEK-sis) injury is the classic injury. If this network of nerves under the neck is damaged, weakness and partial or total paralysis of the affected arm may occur.

Fetal asphyxia (lack of oxygen) is the most feared complication of dystocia. Cerebral palsy and fetal death are rare, but not unknown. During a dystocia delivery, the baby’s head emerges from the mother, and the umbilical cord becomes tightly compressed between its body and the mother’s birth canal. This decreases or totally cuts off blood flow to the infant. If the pressure on the cord is not rapidly relieved, decreased delivery of oxygen to the baby will occur.

The mother, too, is at some risk when shoulder dystocia occurs. The most common complications she may suffer are excessive blood loss and vaginal lacerations. Uterine rupture has also been reported.

Most Common Risk Factors for Dystocia

• Birthweight greater than 8.8 lbs

• Maternal diabetes

• Previous dystocia

• Being past-due

There are two main signs that a shoulder dystocia is present:

• The body does not emerge with standard moderate traction and maternal pushing after delivery of the baby’s head.

• The “turtle sign”: baby’s head suddenly retracts back after it emerges, resembling a turtle pulling its head back into its shell.

Shoulder dystocia cannot be predicted with any degree of accuracy; it cannot be prevented. So, how can your obstetrician treat dystocia when it occurs?

The general consensus is that the best results in resolving shoulder dystocias are obtained when an obstetrician:

(1) Recognizes the shoulder dystocia

(2) Calls for help

(3) Knows the different maneuvers involved in attempting to resolve shoulder dystocia

(4) Implements them in a carefully controlled, calm, and organized fashion.

Because shoulder dystocia is a true obstetrical emergency, its occurrence requires a rapid and well-coordinated plan. In the presence of one or more risk factors, a pre-partum discussion of the risks and benefits of cesarean section should be discussed due the unpredictable nature of the occurrence of a dystocia.

Helpful links:

If you suspect that you or a loved one is the victim of medical negligence or medical malpractice, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:18

School Bus Wrecks

Written by Law Offices Of Gary Green

Every day parents put their kids on school buses assuming they are safe and in good mechanical condition. On any given day, approximately 47 million elementary and secondary school children board a yellow school bus, yet remarkably few of these buses have seat belts, and an alarming percentage have either not been properly inspected or failed inspection altogether.

While responsible parents would never put their children in an automobile with bad brakes or allow them to ride in an automobile without the use of a seatbelt, the ubiquitous yellow school bus is a vehicular dinosaur.

Though most states have proposed legislation mandating seat belts on school buses, only a handful actually have them. Even fewer mandate their usage. Studies show that students riding on belt-equipped buses roam the aisles less frequently and are more likely to remain seated. Additionally, bus drivers report being less distracted because they have to spend less time handling student misbehavior and can concentrate more on driving safely.

Seat belt opponents argue that school buses already are the safest form of transportation on the road and that equipping buses with seat belts would reduce overall capacity. Private contractors, as well as many school officials who operate a third of the nation’s school buses, have fought the installation of lap belts on school buses for more than 30 years. For the most part, federal and state governments have gone along with them.

Parents should also be reassured that when they put their children on a school bus each day that the vehicle is safe and has passed a recent inspection. Yet surprise inspections throughout the country have shown that nearly 80 percent of these buses fail inspection—over half of which fail for mechanical reasons.

In a recent survey of school bus mechanics, the braking systems were the most common concern expressed. While the effect of wear and tear may seem obvious, many brake problems are concealed. The brakes may appear to be functional when actually little force is being applied to the brake drums. Ideally, all wheels should be doing an equal amount of work, applying and releasing at the same time. Something as simple as maintaining air pressure in the braking system, can prevent a catastrophic failure. Misalignment or brakes that are out of balance are unseen problems, but certainly can be felt by the driver. It is not enough to repair a problem once a defect is found because of the inspection process; inspection programs must be thorough and preventative in nature, and drivers need to know how to recognize a problem before it becomes an incident. In the event of a serious injury, defective brake issues should be thoroughly explored by experts who have full access to the brakes before changes are made.

School buses should be designed to ensure the safety of the millions of children they transport annually and maintenance and proper inspection of these buses should be the rule and not the exception. Any school bus wreck that transpires is not an accident if the problems that cause them are well known. The National Coalition for School Bus Safety found that some operators are making money by running unsafe buses by waiting for state inspectors to identify defects rather than doing preventative maintenance because it would mean removing the bus off the road for a period of time.

Parents have a right to expect that buses are designed and maintained to minimize student injuries. If a member of your family or someone you know has been injured as a result of a collision involving a school bus, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:15

Truck Accidents

Written by Law Offices Of Gary Green

Representing victims of truck accidents and tractor-trailer wrecks presents a challenge and complexity not experienced in other types of wrecks. The attorneys of Law Offices of Gary Green have risen to that challenge many times. The resulting catastrophic injuries alone make trucking accidents and tractor-trailer wrecks distinct from all others, but the resulting compensatory offers make these wrecks dangerous to the unwary even after the wreck. Our experienced lawyers know what you can expect to face and can help you find justice—no matter how evasive it may seem.

A trucking accident and tractor-trailer wreck that involves a motor carrier regulated by the U.S. Department of Transportation (DOT) has built-in protection for an injured consumer. The problem is that the carriers will not disclose that they have excess insurance policies beyond the primary policy without your filing a suit:

  • They will not tell you that the driver of the DOT-regulated vehicle is their statutory employee, regardless of the fact that the driver might be an owner-operator and might have a contract with the regulated company, which refers to the driver as an owner-operator.
  • They will not tell you they are responsible for the actions of that driver as long as the driver acted within the scope of that statutory employment.
  • They will not tell you they have valued your claim at 5 times or 10 times the set amount when they are really only offering you the base amount for a full release of your right to sue.

Before sorting out all the experts for proving the catastrophic injuries, experts should be consulted regarding liability. It is not an accident when the risks for tractor-trailer wrecks are well established and can be avoided. A reconstruction expert should be called while evidence is still fresh. Reliance on old evidence can disqualify an otherwise good expert and keep the video reconstruction that helps the jury follow your theory of liability out of evidence. Satellite GPS records and electronic control modules must be identified and read before they are destroyed – usually within 90 days as a standard operating procedure for most companies.

Almost every 18-wheeler case should plead negligent supervision, negligent hiring, and negligent retention, as these facts usually are usually borne out through discovery all the way up to trial. The driver’s logs, driver qualification file, and driving record should be reviewed. Then depositions should be taken of the trucking company’s safety director, corporate representative,

relevant dispatcher, and others having knowledge of the wreck.

The condition of the tractor-trailer and its brakes should be considered. Trucks are often poorly maintained and driven by truckers with serious safety deficiencies. An alarming number of these drivers are fatigued, under the influence of drugs, or medically disqualified to drive a truck.

We have handled claims against

  • Watkins & Shepard Trucking, Inc.
  • Cal-Ark International, Inc.
  • USA Motor Express
  • J&P Trucking
  • Autobahn Freightliners LTD
  • National Bus Carriers LTD
  • Weston Transport
  • Woody Bogler Trucking
  • USA Truck, Inc.
  • Landstar Ranger, Inc.
  • Graham Trucking, Inc.
  • Stuart Small Trucking
  • Star Transportation, Inc.
  • A&J Transportation
  • West Florida Transport
  • Clarksville Refrigerated
  • D&H Trucking
  • Werner Enterprises
  • All American Bottling Corporation, LLC
  • Callaway Transfer and Storage
  • PSM, Inc.
  • Gail Stuart Trucking, Inc.
  • Willis Shaw Express, Inc.
  • Paccar, Inc.
  • Central Hauling Company
  • J.L. Trucking
  • Jacobson Transport Company, Inc.
  • Strimbu Transport, Inc.
  • Lance Trucking, LLC
  • Roadway Express
  • Schneider National, Inc.
  • JNJ Express

There is a lot of work to be done, and it takes a lot of money and people to do it. Law Offices of Gary Green has been there before. If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation, 1-888-442-7947; or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:13

Drunk Driving

Written by Law Offices Of Gary Green

Alcohol is an integral part of American life and is one of the most readily available consumer products on today’s market. It is cheap and often marketed toward young people as an acceptable part of popular culture. However, while drinking is a normal accompaniment to most social events, our society no longer considers drunk-driving crashes as unavoidable accidents. More than 100,000 deaths are attributable to alcohol consumption each year, and the economic costs associated with alcohol problems total more than $100 billion annually.

For victims who survive a drunk-driving crash, the crash itself is just the beginning. In a split second, their lives are changed forever and it becomes a daily struggle emotionally, physically, and financially. In many cases, the offender often walks away with minor injuries or no injuries at all and receives an insignificant punishment or is sentenced to a few months in jail. The victim, on the other hand, often sustains serious injuries that result in paralysis, coma, traumatic brain injury, or life in a vegetative state.

For the families of a loved one involved in a serious drunk-driving collision, life is suddenly interrupted, and tragic consequences soon follow. Life becomes a prison, not only for the seriously-injured victim, but also for the care-giving family members who must adjust to the day-to-day challenges of becoming an around-the-clock caregiver. Their life is put on hold. They lack the energy to maintain normal activities, become overwhelmed with emotion, and struggle to cope with the unrelenting demands of day-to-day life.

Financially, the costs for medical treatment can be astronomical, as the offender often has no insurance. Prescriptions, therapy, and respite care can become all consuming. In many cases, the injured person will end up permanently disabled and begin receiving disability payments much less than their regular income.

As if the sorrow that follows is not enough, dealing with the legal ramifications can be overwhelming. Many victims of these tragic collisions describe life afterwards as a scream that will not come, forever haunted, because life is never again the same as it was before the wreck. The right lawyer can help alleviate the worry and stress that comes with the legalities of the situation. Law Offices of Gary Green has the right attorneys for you. We are a corporate sponsor of Mothers Against Drunk Driving (MADD). MADD’s mission is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. Law Offices of Gary Green contributes to MADD in honor of every victim it represents against a drunk driver.

If you or a loved one has become the victim of a drunk driver, or if you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:11

Tire Failure

Written by Law Offices Of Gary Green

When it is over 100 degrees outside you want to keep your speed below 100 miles per hour! Much less, of course. As you are driving, be aware of the relationship of tire blowouts to heat, speed and age of the tires. See the National Highway Transportation Safety Administration report, which long story short, shows that in a hot climate tires four to six years of age should be replaced regardless of age or tread wear. To quickly check the age of your tires, look for the last few digits of a code on the tire which represents the manufacturing date of the tire. For example, the “459” on one tire means it was manufactured the 45th week of 1999. Since 2000, tires are identified using 2 digits for the week and 2 digits for the year. For example, a tire manufactured during the 31st week of 2005 would end with 3105.

Should your vehicle’s tires fail, whether it is due to a manufacturer’s faulty design or simply a poor quality production run, it can have devastating consequences in the form of car wrecks that can lead to brain injury, paralysis and even death.

If you or a loved one have been the victim of an injury due to a car wreck caused by tire failure, please contact us today for an initial consultation to discuss your legal options for making the tire manufacturers responsible. If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.