Tuesday, 20 December 2011 22:41

Disability

Written by Law Offices Of Gary Green

The World Health Organization distinguishes two classifications of disability – body functions and body structures – when medical professionals diagnose and define an individual’s disability.

In body structure, an individual’s disability is specifically defined by physical impairments due to defect, loss or deviation from generally accepted population standards. Body function disability is more broadly defined and focuses on physical and mental disabilities and includes but is not limited to mobility, communication, self-care and domestic life.

If you become disabled, whether the diagnosis is temporarily or permanently, you can apply for assistance from the government by filing for Supplemental Security Income (SSI). Likewise you can purchase private insurance to prepare for a possible disability.

Law Offices of Gary Green will work with you to help ensure that payments due to you are received should you become disabled but are denied when filing a claim. Our firm focuses on helping clients seeking:

Our offices have experience in representing the disabled in Arkansas and  Tennessee and are familiar with each state’s individual disability laws. If you or your loved one’s disability claim has been denied call us toll free and without obligation at 1-888-442-7947 or contact us with an e-mail at ggreen@gGreen.com to discuss your legal options including filing an appeal.

Friday, 16 December 2011 12:40

Attention Veterans!

Written by Law Offices Of Gary Green

Veterans receive expedited processing of Social Security Disability benefit claims. If you served in the military and became disabled on or after Oct. 1, 2001 you are entitled to have your claim expedited. You can apply for both Social Security Disability and Supplemental Security Income in addition to the benefits you already receive from the Veterans Administration. Please contact us for more information.

At least for the last year, all deploying military units have received an ANAM (Automated Neuropsychological Assessment Metrics) test within 12 months before being deployed. This testing tool is designed to detect speed and accuracy of attention, memory and thinking ability. Concussion injuries which occur as a result of exploding devices and/or other head trauma may cause changes in reaction time, headaches, irritability, memory impairments and difficulty in sleeping.

A post injury battery of neurological tests should be taken after any head injury has occurred. The results of this post-injury testing can help medical personnel compare a person’s speed and accuracy of attention, memory and thinking ability before and after an injury. (The ANAM test serves as a baseline). Please contact us for more information as we may be able to help you get the post-injury neurological testing necessary to prove the TBI (Traumatic Brain Injury) which would qualify you for Social Security Disability benefits.

Friday, 21 May 2010 22:41

Social Security Disability

Written by Law Offices Of Gary Green

The best advice for those filing a Social Security Dsability claim is to file the initial application without a lawyer. Most initial applications are denied and you only have 60 days to file your first appeal, the Request for Reconsideration. If you are approved, you will receive benefits dating back to the onset date of your injury. If this appeal is denied, you then can hire an attorney to appeal the claim and represent you at the hearing before an administrative law judge.

It is our experience that Social Security Disability law is strictly codified, but not so strictly construed. In order to qualify for benefits, your doctor must be willing to put in writing that your condition prevents you from doing any gainful work. This means that not only can you not perform the type of work that you have done in the past, but that you are not able to perform ANY type of work that would net you at least $500.00 per month. Additionally, your period of disability must last at least 12 full months.

Our fee is only 25% of any back benefits you receive. If your benefits are not approved, you do not owe an attorney fee. Call us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com as soon as your Request for Reconsideration has been denied, so we can file your appeal in a timely manner.

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 22:13

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 22:10

Car Accidents

Written by Law Offices Of Gary Green

Motor vehicle collisions are road traffic incidents which usually involve at least one road vehicle colliding with another vehicle, another road user, a stationary roadside object or tire failure, and which usually result in injury or property damage. On average, there are more than 6 million car collisions on the roads of the US, annually.

More than 3 million people are injured due to motor vehicle collisions, with more than 2 million of these injuries being permanent. There are in excess of 40,000 deaths due to car wrecks every year. About 40% of fatalities occur because of a drunken driver. About 30% of fatalities can be attributed to driving above the speed limits and 33% and above, because of reckless driving that causes the car to go off the road and result in a wreck.

The majority of motor vehicle collisions could be avoided if only the vehicle’s operators drove more responsibly. Unfortunately, drivers can be easily distracted by so many things such as conversations with passengers, playing with the radio, eating or drinking, and talking on cellular phones. The collisions that ensue are not accidents if the drivers were responsible for their vehicles. Even if you are a responsible driver and do not give in to distractions, that does not guarantee that you cannot be involved in a collision due to the fault of another careless driver. Knowing how to drive is not enough anymore with so many vehicles on the road. However, knowing how to drive defensively and being cautious of other drivers is one way to improve one’s chances of avoiding a motor vehicle collision.

If you have been involved in a motor vehicle collision, have questions or need additional information please 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 22:07

Railroad Crossing Litigation

Written by Law Offices Of Gary Green

A train kills someone every one hundred minutes in America. There are more than 300,000 public rail grade crossings in the United States:

  • More than 80% do not have lights and gates
  • One third have no active warning device of any kind
  • For many of these crossings, warning time is often minimal to nonexistent and pedestrians and motorists are made unknowingly susceptible to the liability of an approaching train
  • Occupants of a motor vehicle that collides with a train are 40 times more likely to die, than if they had collided with another motor vehicle
  • More than half of all railroad mishaps occur at these unprotected crossings

With all this information it is hard to consider any damage sustained by unsafe railroad crossings as simple accidents. For those lucky enough to survive, the injuries sustained are typically life threatening, requiring extensive surgical intervention, many necessitating amputation. The injuries resulting from a child playing on or around railroad tracks or a motor vehicle’s collision with a train only emphasizes the need for limited access to railway areas and increased warning devices.

Trains cannot stop in time to prevent a collision from occurring. While an automobile traveling 50 miles per hour requires approximately 50 feet to come to a stop, it takes a train over a mile and a half, more than 150 times longer, to stop traveling from the same rate of speed. While grade crossing warning signals have become more high tech and rail traffic has steadily increased, the railroads responsible for maintenance have continuously reduced their workforce, leaving the public at increased risk.

At Law Offices of Gary Green, we have experience and familiarity with railroad crossing litigation. Liability can be established against the railroad by proving vegetation was allowed to grow too high in the right of way, blocking the view of both the engineer and the driver of the vehicle. Often, engineers do not blow the required whistle sequence because the whistle is so deafeningly loud in the cab of the train. However, the train’s black box can be retrieved which will show use of the whistle and speed of the train prior to impact. Communications between the train crew and dispatchers are recorded. These recordings, through contentious discovery, can be key in establishing liability against the railroad.

If you or a loved one has had an injury involving railroad crossings or a train collision, 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 12:10

Passenger Van Wrecks

Written by Law Offices Of Gary Green

Passenger vans were designed in the 1970s when very little testing was done by manufacturers to assess the vans’ propensity to rollover or handling characteristics. These vans are exempt from many federal motor-vehicle safety standards because they are neither considered school busses nor passenger cars. Despite the fact they were originally designed to carry cargo, they often carry people. 15-passenger vans not only have a risk of rollover, but also have weak roofs that crush while rolling over. A passenger van wreck is not an accident when the faults are well known and nothing has been done to change them.

The National Highway Traffic Safety Administration (NHTSA) is an agency responsible for investigating motor vehicle defects and establishing and enforcing safety performance standards. The NHTSA publishes a list of warnings for consumers summarized by the following:

  • Children (pre-school and school-aged) should not be transported in 15-passenger vans
  • The number of occupants in a passenger van greatly increases the risk of rollover. ( 5 + in 15-passenger vans)
  • A passenger van containing only a driver has a rollover rate 5 times less than that of a van with a full passenger load
  • All occupants of passenger vans should wear seatbelts.

Despite these public advisories and warnings, the NHTSA had (only until recently) exempted 15-passenger vans from all federal motor vehicle safety standards.

Furthermore, in 2003 the National Transportation Safety Board (NTSB) recommended the NHTSA strive to improve safety standards in the areas of occupant protection and restraints for passenger vans. The NHTSA now warns people of the dangers of 15-passenger vans, but no new safety standards have been established.

If you have sustained injuries as the occupant of a passenger van, we may be able to help. 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.