Posted on Tuesday, August 7th, 2018 at 8:33 am
According to the Claims Journal, more and more older workers are continuing to work well past retirement age. While older workers bring a lot of skills and experience to their jobs, old age is a factor in people becoming injured. The Journal story cites data from the U.S. Bureau of Labor Statistics for 2017 which shows that the 65 and older work category is likely to grow faster than any other age group through 2024.
Another Claims Journal article cited that senior employment (65 and older) increased 101 % between 1997 and 2007. Employment of seniors 75 and older grew by 172% during this time. According to Bureau of Labor Statistics, in 2020 25%of Americans will be older than 55.
Workers between 25 and 54 are not expected to grow as much as older workers in part due to declining birth rates.
Some of the reasons seniors are working longer are seniors are living longer because of better medical care, financial need, and the lack of good workers. Another factor is the desire of older workers to be productive.
A major concern about older workers isn’t so much that their get hurt more – it’s that their injuries tend to me more severely injured when they do have an accident. Many older workers who suffer a workplace accident do die. As an example, nearly 3,200 workers 55 or older were killed in vehicle accidents between 1992 and 2002. 22% of these accidents were work-related. Falls are another cause of fatal accidents for the elderly.
Older workers, according to Department of Labor statistics, are more likely to develop disabilities. Seniors are at increased risk for diabetes and obesity. While these conditions don’t automatically qualify a worker for work benefits, if another cause (such as a fall) causes injury – these conditions can make the recovery time much longer. Other pre-existing conditions can also extend the recovery time.
Older workers are also more likely to experience sprains and strains if they do manual labor work. The Claims Journal stories also indicate that older workers can have more mental challenges processing information which can lead to more accidents.
The Department of Labor recommends that employers consider these programs to help reduce injuries to older workers:
The NIOSH (National Institute for Occupational Safety and Health) recently started the National Center for Productive Aging and Work. This a “virtual center,” specifically created to help understand how to make older workers productive. The Center’s Director, John Howard, M.D., said that the Center hopes to continue its research to create a safe environment for aging workers.
The National Institute for Occupational Safety and Health (NIOSH) also suggests that employers consider the following workplace changes:
The Claims Journal raised several other concerns about elder workers:
Experienced workers are being replaced by millennials as well as many less skilled workers. Many baby boomers are retiring when they reach 65. The combination of less skilled workers and senior workers affects how work is done. Less skilled workers require expensive training which many employers can’t afford. More safety designs for older workers can add to employer expenses too. Without the necessary training and safety expenses, more accidents are likely.
Unfortunately, one of the problems is that the health of the average American worker seems to be declining. This is true of older workers too. According to the Claims Journal stories, “When an injured worker has at least one chronic condition, the workers’ compensation claim cost doubles. If they have two or more, the cost of the work comp claim goes up fivefold.”
Another change in the workplace is the increased use of opioids to treat chronic pain, although this, in turn, has been affected by the new regulations with respect to opioids.
This is nothing new to our firm. We have always tended to represent a higher percentage of older workers because frankly, when an older worker is injured, it is less likely that he or she will recover sufficiently to be able to return to pre-injury employment. And this translates into a higher potential settlement.
Hispanics also are changing the everyday work forces. According to BLS, about 23 million Hispanic or Latino workers comprised 15% of the country’s workforce in 2011. That number is expected to rise to 19% by 2020.
Because the Latino population is rising, it is important to hire workers who understand Spanish and English and workers who understand other languages. We have seen this create problems, particularly in the area of construction. Workers who cannot understand each other while working at heights is a recipe for disaster and serious injury.
Learning each other’s language also helps workers culturally connect. It also helps employers who want to develop relationships with foreign businesses. Even insurance companies understand the need to hire insurance adjusters and nurse case managers who are speak Spanish. Insurance companies that establish language lines also helps employees who are injured.
Talk with an Experienced North Carolina workers’ compensation attorney today
Workers’ compensation attorney Joe Miller Esq., represents injured workers of any age, although more often than not, our clients tend to be over 50. He fights for workers who work in construction, manufacturing, shipping, healthcare, telecommunications, firefighting, law enforcement, and any type of job. He understands the injuries that are unique to your profession and the ones that are common to many professions. He’ll fight to get you all the wage compensation loss you deserve plus all the medical payments you need to get better. For help from a highly respected lawyer, please phone Joe Miller Law at the Work Injury Center at (888) 694-1671 or fill out my contact form to schedule an appointment.
Posted on Thursday, August 2nd, 2018 at 12:30 pm
Lately, we have been coming across cases where we haven’t been able to help an injured worker because they have quit their job after being hurt.
We understand how frustrating it is when an employer or insurance company will not cooperate, or you are sent to a company doctor who will not listen to you. You are hurt and the doctor is sending you back to work when you know you are really in severe pain and you have no business working. So in frustration, you just quit your job and hope for the best.
But injured workers need to understand that just because they are hearing the job numbers in the U.S. are up and there is low unemployment, that does not mean the worker can “have his cake and eat it too,” by simply quitting his job after a serious injury. When the injured worker quits, he does irreparable damage to his chances of obtaining a fair recovery for his workers compensation claim.
You simply cannot quit the job you were hurt on and then expect to have a decent workers compensation claim.
In this video, workers compensation attorney Joe Miller explains why you should NEVER quit your job after an on-the-job injury.
Posted on Thursday, August 2nd, 2018 at 10:58 am
According to the Federal Highway Administration (FHWA), there were close to 100,000 vehicle accidents across the United States in construction work areas in 2015. This represents a 7.8% increase from the year before. North Carolina has had its own issues with construction workers getting injured on the job. The FHWA data showed that the accidents broke down as follows:
These numbers are similar to crashes in non-work zone areas.
According to the Fatal Analysis Reporting System (FARS), 590 people died in construction zone areas in 2011, 617 died in 2012, 579 more in 2013, and 669 in 2014.
Some of the leading factors for work zone deaths are:
North Carolina has 17 Interstate Highways including I-26, I-40, I-85 and I-95. Other main roads include State Highways & Routes 1, 13, 17, 21, 168, 158, 301, 321, 401, and many other roads. There are numerous highways and roads throughout the state that are in constant need of repair and maintenance. Virginia has similar highways, many of which continue from Virginia into North Carolina, particularly the North -South I-85, I-95 corridor. Once upon a time, State Routes 17 and 301 were the primary North-South ways to drive the east coast, before the Federal System.
Construction is done for many reasons:
A great example of road improvement is Route 17 between Chesapeake, VA and Elizabeth City. Many folks remember when it was just one lane in each direction, especially on the Virginia side. It was the sight of many fatal motor vehicle accidents, particularly where the road abuts the dismal swamp canal and it was particularly dark at night.
Now the road is four lanes all the way down, the road was moved east to open farm land, away from the dismal swamp, and there is a new high rise 4 lane toll bridge on the Chesapeake side. The road is now much safer and provides a faster route between the two cities.
Similar to this are the massive improvements made to Route 168, now a toll road in Virginia known as the Chesapeake Expressway. As locals know, this road continues south of the Virginia Border to the Outer Banks of North Carolina. Once a pitifully difficult one-lane-each-way trip to the Outer Banks, improvements on both sides have now substantially lessened travel time, even though the road remains bumper-to-bumper on the weekends in the summer. Once can now travel from Moyock, N.C. to downtown Norfolk, VA, in about 30 minutes, making Moyock a bedroom community for many who work in Norfolk.
Some of the common reasons accidents happen at construction zones are:
Many different people, companies, and entities may be liable for a work zone accident. An investigation usually begins with determining who initiated the construction site work. We review whether the roads were federal roads, state roads, county roads, or even private roads. We work to understand why the work was being done. Was fixing the road the primary task? Or was the need to do work related to some other purposes such as clearing trees from electric lines, raising a new building in a city, or any area, or some other reason?
Some of the possible defendants when a car accident in a construction zone causes injury or death are:
Architects, civil engineers, and maintenance crews may also be liable for injuries and deaths when North Carolina construction accidents happen.
Time is critical in construction site accidents. It’s important to have investigators and experts go the accident site, take pictures and videos, speak with witnesses, examine the damage to any personal vehicles, and examine the damage to any construction vehicles or equipment. Construction sites change rapidly. The whole idea behind construction work is to complete the work as soon as possible which makes it hard to verify what the conditions were when the accident happened.
Get Justice. Speak with an Experienced North Carolina and Virginia car accident and highway construction injury attorney today
At the North Carolina Law office of Joe Miller Esq., we have the experience and resources to investigate car accidents, including at construction sites. Once we know how the accident happened, we are skilled at bringing personal injury claims against the responsible parties. Of course, we also assist injured highway construction workers, as well as injured drivers who may have been travelling for work purposes, through both the North Carolina and Virginia Workers Compensation Systems. Attorney Joe Miller has been helping personal injury victims for more than 30 years. He understands how to examine the facts and argue the law. He’ll work to prove liability and to show all your pain and suffering. For help , please call (888) 694-1671 or complete my contact form.
Wrongful Death in North Carolina
Car accidents take numerous lives. According to the North Carolina Department of Transportation, in 2016:
Wrongful death generally means that the defendant’s negligence caused the fatality. Driver negligence usually includes one or more of the following:
The right of family members to bring a wrongful death lawsuit is governed by North Carolina Statutes section 28A-18-2 Generally, the personal representative of the person who dies files the wrongful death claim. The personal representative is normally the executor named in the decedent’s will. If there was no will, then there are rules for who can apply to be the administrator/personal representative of the estate.
There are strict timelines for bringing wrongful death claims an experienced North Carolina car accident lawyer can explain. The key thing to remember is that it is always good to consult with a respected personal injury trial lawyer as soon as possible after a car accident causes someone to die. It’s also important to show that that the deceased did not contribute to the accident in any way. We aggressively fight to show the responsible defendants are fully responsible for the tragedies they caused.
The personal representative brings the wrongful death claim on behalf of the following survivors:
The damage award is not part of the Estate though. This means the funds go directly to the beneficiaries and not creditors. If any beneficiary is under 18, then it may be necessary to appoint a guardian for the child or place the funds in a trust. Normally, the co-parent will handle the funds for the child until he/she reaches 18.
The state statute essentially combines the following two claims:
The North Carolina wrongful death statute also authorizes a punitive damage award if the facts merit it. Punitive damages are generally designed to punish the wrongdoer to deter him/her from similar wrongful conduct. Punitive damage awards are also meant to send a message to others might act “with malice or willful or wanton conduct.” Punitive damages may be awarded, if for example, a driver drove his car while intoxicated or drove a car that he/she knew needed safety-related repairs.
Generally, all awards are adjusted to reflect the current monetary value of the damages. Generally, a respected North Carolina car accident lawyer charges a contingent fee in wrongful death cases. This means the lawyer does not get paid his fee unless the case settles or there is a jury verdict. The lawyer does get a percentage of any recovery plus reimbursement for fees that were advanced.
Experienced personal injury lawyers understand what is required to prove fault for the car accident. They also understand how to prove damages. Some damages are easier to place a dollar amount on than others. In wrongful death cases, we often work with professionals who can assess the value of intangible losses such as loss of guidance and support or loss of care and assistance.
At the end of the day, though, the primary thing that determines the value of a wrongful death claim is going to be insurance coverage. The minimum limits in North Carolina are $30,000.00. The more valuable cases are those involving commercial vehicles, which routinely carry policies of $1Million. With larger companies, there may also be excess coverage.
No amount of money will ever replace the loss of a loved one. The aim of wrongful death cases is to hold the drivers and other responsible parties liable for their actions. Families are entitled to be paid every dollar the law does allow, whether it is due to the fault of another or for a workers compensation recovery. Attorney Joe Miller has helped thousands of injured victims get justice. He has the resources and experience to help you get justice for the loss of a loved one. To schedule an appointment, please call (888) 694-1671 or complete my contact form.
Posted on Thursday, July 26th, 2018 at 8:29 am
Many injured workers can never return to work. A traumatic brain injury, spinal cord injury, paralysis, or other disorder may make the worker permanently disabled. Some workers can return to work but with medical restrictions. Many employees need to be retrained so they can learn a new job.
Employees should work with their doctor and their workers’ compensation lawyer so that they understand their medical needs and legal rights. Employers often try to force workers back to their job or a job before the worker is really ready.
Most workers are happy to return to work if they can do the job. Workers’ compensation generally just pays about 2/3rds of the worker’s wages. It’s nice to get 100% of your pay. With work comes the reward of helping your company and your community. Workers who can’t return to work shouldn’t be rushed. You do have the right to contest efforts to make you return to a job before you’re physically ready.
First, you do have the right to have your treating doctor evaluate your ability to perform the tasks needed to do your job. You should explain to your doctor all the tasks that are required. This includes
Your doctor will generally make one of the following evaluations
Once a medical evaluation has been made, an employee should review these options with an experienced North Carolina or Virginia workers’ compensation attorney. If you think you’re just not physically or mentally ready, the lawyer may seek an independent medical evaluation.
There are differences as to how this is accomplished as between North Carolina and Virginia. North Carolina has a statutory method for obtaining an independent medical evaluation (IME) at the defendants’ expense. Attempting to see a doctor outside of this permissible scenario will likely not accomplish anything, as the treatment or evaluation was not authorized.
Virginia has no such method for an IME; however, in Virginia there are really no restrictions on you seeing a doctor on your own, assuming you can pay for it. It must also be remembered that the Virginia Workers Compensation Commission will generally side with the opinion of the authorized treating doctor as opposed to someone you chose on your own. The exception is if the treating doctor has released you and stated that he or she has nothing more to offer you insofar as treatment is concerned. In those cases, you may be entitled to move for a change in treating physicians.
Possible return to work scenarios include:
Working with restrictions.
Often, doctors will say you can return to work with restrictions. Examples of restrictions include:
The doctor should prepare detailed written restrictions. The restrictions, in turn, should be given to your attorney if you have one, and he will disseminate those restrictions to your employer and/or opposing counsel. If an employer doesn’t respect these restrictions, you do have the right to complain to your doctor. You should take written notes of every time an employer forces you to work beyond these restrictions and you should make sure you tell your doctor precisely which duties are causing you severe pain.
Employees who work with restrictions whose employers cannot accommodate those restrictions may still be entitled to their temporary total disability checks, assuming the worker has an accepted claim in North Carolina or is under an Award in Virginia. If the worker returns to light duty at a lower wage, then the worker would be entitled to 2/3rds of the difference between the pre-injury wage and the light duty wage. This is called “temporary partial disability”. This category of worker usually earns less money than they earned before the accident or occupational illness.
For example, take John who was making $900 a week before his injury. After his injury, he only earns $600 a week. John is entitled to his $600 pay. He is also entitled to 2/3 of the difference between the pre-injury and light duty pay. Since the difference is $300, John is entitled to claim a $200-per-week temporary total disability payment on top of the $600 weekly wage.
The worker continues to be entitled to payment for all reasonable medical bills, treatments, medical devices, and medications while working with restrictions. Workers with restrictions often continue to treat with physical therapists. Many take prescription medications.
Just because you return to work, doesn’t mean you reached your maximum medical improvement. Many employees continue with medical treatments while they’re doing light duty work. It is only when the employee reaches MMI that an evaluation can be made as to whether the employee has a permanent disability, a partial permanent disability, or no disability. Long-term settlements in workers’ compensation cases may be possible when maximum medical improvement is achieved.
Workers who can’t return to the same job with or without restrictions may be entitled to vocational training. This training ideally allows the worker to learn new skills so he/she can get a new job. It is sometime used, for example, when a worker who did manual labor is retrained to do clerical work.
But one should be extremely cautious with the vocational rehabilitation counselors. Although they are supposed to help the worker find a job, their real mission is usually to torpedo and sink your case by claiming that you failed to comply with their often ridiculous job search requirements.
Understand your right to return to work only when you’re able to
At the North Carolina and Virginia Law offices of Joe Miller Law and the Work Injury Center, we have been fighting for injured workers for more than 30 years. Joe Miller has helped thousands of injured workers get the workers’ compensation benefits they fully deserve. Joe Miller works with your doctors to understand you medical problems and when you can competently do your job. For help , please call (888) 694-1671 or complete my contact form.
Posted on Wednesday, June 20th, 2018 at 8:46 am
What happens when a doctor releases you on “light duty.”
Posted on Friday, June 15th, 2018 at 10:13 am
Car accident cases aren’t simply a matter of “here’s what happened, pay me a large sum of money.” Experienced Virginia car accident lawyers are skilled at each phase of the trial from the initial client consultation through a trial before a jury. Once your medical diagnosis is clear, the lawyer will work to try to settle your case. To get the best results, the lawyer prepares your case as if it is going to go to trial.
Since car accident lawyers usually take your case on a contingency fee basis, the client does not need to rush to make a quick settlement. Contingency fee means the car accident lawyer only gets paid if your case settles or if you obtain a jury verdict. So you will not have to stroke a check to hire the attorney.
There are several steps a car accident victim should take before speaking with an attorney. For more detailed information on what to do and what not to do if you’ve been in a car accident, please download my book 23 Simple Rules to Follow if You’ve Been in a Car Accident, or call our office for a hard-bound copy. Also, remember that if you were on the job at the time of your accident, there will be a Workers’ Compensation element to your claim as well which we can handle for you.
Victims should also understand that both Virginia and North Carolina have a strict contributory negligence laws. This means if a jury finds that the other driver was 90% at fault and you were just 10% at fault, then you get nothing. You don’t get 90%. You don’t get 50%. You get zero. So, admitting or implying fault in any way can cause you to lose your case.
Now if you were on the job at the time of your accident, generally, fault does not affect workers comp entitlement, unless you were grossly negligent, or failed to follow a company safety rule. For instance, if company safety rules require that you wear a seatbelt, and you were not wearing one and this increased your injuries, you would not be entitled to workers comp coverage.
While some injuries such as a broken arm are treated and then heal in a few months, there are often exceptions. When your arm heals, you may lose some range of motion. There still may be a persistent pain. If you settle too early, you can’t come back and ask for more money. That’s why it’s good to wait until your medical condition has stabilized.
Along with the physical pain is the emotional worry about when and if your injuries will heal. You worry that you’ve become a burden to your family. Physical pain is often accompanied by depression, anxiety, fear, and other emotions.
Your doctors can summarize some of your pain and suffering. Family members can testify as to your sadness, your crying, and other symptoms. Often, the best witness for showing pain is you, the victim. An experienced lawyer will usually value the pain and suffering part of your claim based on his experience and knowledge of the jury pool and what other juries have awarded in the past.
How long will all of this Take?
So, this sounds like an awful lot to do. You may ask how long all of this will take? And this really depends on how long your treatment takes and many other factors that are too numerous to get into here. I suggest you download the book How Long Will My Case Take? where attorney Joe Miller provides the detailed answers to that question.
Car accident victims shouldn’t wait to speak with a lawyer. Memories fade. Evidence such as skid marks can disappear. Injuries usually worsen if you don’t see your doctor. As a respected car accident lawyer, Joe Miller will guide you through each phase of your case. He has been fighting for injury victims for over a quarter century. To make an appointment, please call (888) 694-1671 or complete my contact form.
Posted on Tuesday, May 22nd, 2018 at 12:22 pm
According to the Centers for Disease Control and Prevention, nearly 9 people are killed and 1,000 people injured by a distracted driver – each day. Distracted driving is dangerous for three fundamental reasons:
Common examples of distracted driving including
Drivers who are tired or who are under the influence of alcohol are also unable to anticipate, control, and respond to emergencies.
A momentary lapse of even a second can be fatal or cause catastrophic injuries. A car travelling at 60mph is travelling 88 feet per second – which is about 4-5 car lengths.
The CDC reports that teenagers have an especially high likelihood of driving while distracted:
North Carolina enacted a strong texting while driving ban that applies to all drivers though it is especially tough on novice drivers. The law provides that adult drivers can speak on their cell phones while behind the wheel but they can NOT text while the car is in motion. The texting while driving ban applies to reading, sending, or composing a text message. It is not illegal to text if the car is stopped or is parked. Violators can be stopped by a police officer and ticketed even if they haven’t committed another traffic offense.
Drivers under the age of 18 (novice drivers) can’t text while driving. They also can’t use a cell-phone (even a hands-free phone). Novice drivers can also be stopped if they haven’t committed another traffic offense.
Bus drivers are also banned from using a cell phone while their bus is in motion – in addition to the texting while driving fan.
Texting while driving in Virginia
In Virginia, it is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:
Fines are $125.00 for the first offense and $250.00 thereafter.
Nearly 20 percent of all fatal car crashes are caused by a driver who is too tired – as reported by the AAA Foundation for Traffic Safety, The foundation also found that young drivers, those between 19 and 24, were the most likely to drive while fatigued. While nearly all drivers understand the dangers of driving drowsy, most drivers still drive – even though it puts their lives, the lives of passengers, the lives of other car occupants, and the lives of pedestrians at risk.
Drivers and occupants of the cars need to know when they need to avoid getting into the car if they’re tired or when to get off the ride if they’re getting sleepy. They’re no reason to risk a life to get somewhere a little faster. Drivers should plan to take regular rest stops. They should know where the hotels are where they can stop and sleep. Some of the signs of drowsy driving include:
Some recommendations for sleepy drivers include:
Some automakers who are aware of the dangers of drowsy driving are working to install technology that senses when a driver is tired. The cars sound alarms and even force the car to stop. Alas, that technology does not currently exist with any reliability. All drivers are responsible for any deaths or injuries they cause due to drowsy driving.
In many cases, when a teenager or young driver causes death or injury, the young driver is not the owner of the vehicle. Attorney Joe Miller Esq. can explain when you can also sue the owners of the vehicle in North Carolina under the “Family Purpose Doctrine.” The car owners are generally the people who have liability insurance to pay for all your damages if the driver caused your injuries or the death of a loved one. If there is not enough insurance to cover you claim, you may be entitled to payment for your pain and suffering and economic losses from your own uninsured or underinsurance policy.
In addition, if you were on-the-clock for your employer or your travel was connected to a business trip at the time of your accident, we can, of course, handle any Workers Compensation aspects to the claim as that is also a specialty of our firm. To make an appointment with an experienced North Carolina car accident attorney, please phone (888) 694-1671 or fill out the contact form.
Posted on Friday, May 18th, 2018 at 8:07 am
Drivers and passengers suffer many different types of injuries. In the worst cases, the car occupants die. In severe cases, victims may suffer catastrophic injuries such as a traumatic brain injury or a in injury to their spine. Spinal cord damage may result in partial or full paralysis. Catastrophic injuries can change the quality of accident victim’s life forever. Many victims suffer broken bones, nerve damage, cuts from windshield glass, and burns. Some victims suffer amputations, disfigurement, and scarring.
Most injuries are due to the car driver or passenger being thrown around the vehicle. Occupants may strike the windshield, the dashboard, or the steering wheel. Many car crash victims collide with other car passengers. Some victims are thrown from the vehicle. Occupants may also be hurt when their air bag inflates.
Depending on what type of injuries the driver or passenger suffered, victims need to get medical help from many different types of doctors. North Carolina and Virginia car accident lawyer Joe Miller works with the following type of physicians:
Some patients may need a medical device such as a prosthetic or wheelchair. Most car accident victims need to take prescription medications
Victims who suffer or think they might have internal damage are usually transported by ambulance or by emergency medical care to the closest emergency room. There, the doctors will conduct a battery of imaging tests, a physical exam, and an oral exam to help make a medical diagnosis.
Examples of internal injuries include:
Many patients with internal injuries often have to cope with internal bruises.
Most whiplash injuries occur when a front car is struck in the rear by a distracted or careless driver. It is often made fun of comedically in TV sketches; however, it can actually be a serious, and in some instances, permanent injury. Whiplash involves a tearing of the muscles and ligaments that surround the cervical spine.
The symptoms of a whiplash can take a day or few days to appear. So, anyone in a rear-end collision should avoid saying they feel fine until they’ve waited to see if they do have a whiplash. Most often, you will feel it when you wake up the next day. Common symptoms include:
A whiplash injury happens when the neck and head suddenly move backwards and then forward. (Hyperextension). This unusual motion puts a great deal of stress on the cervical/neck spine. Some car accident whiplash victims may even lose their memory due to the brain being slammed up against the interior of the skull. Whiplash injuries damage the muscles, discs, nerves, joints, and bones around the neck.
Physicians will conduct an oral exam and a physical examination. In addition to listening to you explain your symptoms, the doctor will feel or palpate your neck to see if there is muscle spasm. The doctor will see if anything isn’t aligned properly and determine your range of motion. The doctors may analyze your reflexes and how strong or weak your neck muscles and nerves exiting the spinal column in that area are.
Imaging tests include CT scans, MRI exams, and X-Rays – especially if they suspect a fracture. Whiplash injuries are graded depending on their severity. One of the most common effects of whiplash is a straightening of the spine or cervical lordosis. This can actually be seen on X-ray, and in some cases, digital motion x-ray. This happens when the muscle spasm is so severe it pulls the neck out of it’s normal curvature, and into a straight, “beanpole” configuration, where there is no curvature at all.
Self-help whiplash treatments include:
Cervical collars used to be a standard recommendation for whiplash but now there is some thought that these collars may actually weaken neck muscles.
Doctors may recommend the following treatments:
Most patients with just whiplash return to reasonably normal lives in a few months. In severe cases, some car accident victims may have a lifetime of chronic pain due to the scar tissue left over from the whiplash. Older victims usually have a more difficult time fully recovering than younger victims because the tissue is not as resilient. Women are also more prone to long-term whiplash damage than men.
Both North Carolina and Virginia are fault-car accident states. This means injured victims need to prove that another driver or another responsible party caused your injuries. Victims who can prove fault are entitled to payment of their reasonable medical bills, lost wages and pain and suffering. Proving fault and getting a just recovery requires the help of a respected lawyer. And of course, we know car accidents also occur while people are ‘on-the-clock’ for their employer. Because we also specialize in workers compensation in both Virginia and North Carolina, we can help with that portion of your claim as well. Joe Miller Esq. has been helping injury victims get justice for more than 30 years. To arrange a free consultation, please phone (888) 694-1671 or fill out my contact form.
Posted on Tuesday, May 1st, 2018 at 10:48 am
Car crashes can be frightening. It’s hard to know who to call, what information you need, what evidence is needed, or how to care for the injured. Certainly, nobody wants to get into an accident – but it helps to have a plan in case a crash does occur. Almost everyone will have an accident in their lifetime.
The best plan is to contact an experienced car accident lawyer as soon as possible. The attorney will explain your rights and guide you through each stage of the claims and litigation process. A second plan is to make sure you have your cellphone with you. The phone should be charged and should have access to the Internet. With your smartphone, you can review our blog for general suggestions.
When you speak with your lawyer, he can explain what information is not required to be exchanged. Generally, drivers shouldn’t discuss how the accident happened. NEVER admit any fault, or say you are “sorry,” even it sounds nice. That will be determined later. As a general rule, it’s not necessary to give your address and phone number, unless asked for by the police.
There are other precautions and plans drivers should consider. The car should be stocked with different items to handle different situations. A car should include:
When you get home, you should note the time and date of the accident and what the weather conditions were. Try to remember how fast each car was going and which directions they were going.
Proper planning helps determine who caused the accident. Planning helps verify your damages which include:
Attorney Joe Miller Esq. has been fighting for the injured for more than 30 years. He’s helped thousands of people get justice in both Virginia and North Carolina He’ll fight to get you the damage award you deserve through a strong settlement or a jury verdict. For hep now, please phone (888) 694-1671 or complete the contact form.
Posted on Friday, April 27th, 2018 at 10:20 am
Every car accident happens in a different way. How the crash happens is a strong indicator of which driver was at fault. For example, almost all read-end collisions happen because one car was struck in the rear by another driver who wasn’t paying attention. How the accident occurred also indicates what injuries are likely. Again, in a rear-end collision, the occupants of the car that is struck usually suffer whiplash and other soft-tissue injuries.
Attorney Joe Miller works with the police and investigators to determine how the crash occurred. If necessary, his team speaks to all relevant witnesses including the passengers in any cars and any bystanders. The good news is that in most circumstances, the rear-end collision scenario requires little investigation. Some of the other kinds may require more intensive investigation. What is most important is that you do not say something early on that you do not realize implicates you in some level of fault. In Virginia and North Carolina, that could mean the end of your case.
Most car crashes fall into one of the following categories:
Accidents happen for many other reasons:
In many car accidents, more than one person may be responsible. The owners of the car can be held liable if someone else used their car with their permission. In North Carolina, a Bar may be responsible if they served alcohol to someone they knew or should have known was intoxicated and who then caused an accident due to drunk driving.
Delay can hurt your case. It’s best to inspect the accident scene and speak to witnesses as soon as possible. Attorney Joe Miller Esq. has been fighting for injured residents for more than 25 years. He understands how to prove fault. He’ll demand the right amount of damages for your pain and suffering, medical bills, and lost wages. For help now, please call (888) 694-1671 or fill out the contact form.