Washington DC Personal Injury Lawyer Blog

Archive for October, 2008

Partner Allan Siegel Settles Slip and Fall Case for $100,000

Wednesday, October 29th, 2008

Our client had parked his car in the parking lot of a local retail store. He got out of his car and slipped and fell on a large puddle of oil and/or antifreeze causing him to strike his head and neck. He ultimately was diagnosed as having a herniated disk in his neck.

The owner of the store claimed that it was not responsible for the our client’s fall since its employees did not cause the oil spill – arguing that the spill on the parking lot was likely caused by another vehicle on the parking lot for which they had not control.

Partner Allan M. Siegel filed a lawsuit against the storeowner and set out to prove that the fall was not merely caused by a single leaking car on the parking lot, but rather was the result of the store’s pattern and practice of failing to adequately monitor and police the activity on its parking lot. During the course of the litigation, Mr. Siegel learned that the store had a policy that forbade customers from doing mechanical work on their cars on its parking lot. The reason this policy was in place was that the storeowner knew that automobile fluids and substances, such as oil and anti-freeze, could pool in the parking lot and create a dangerous condition. Mr. Siegel also uncovered that this “no work” policy was regularly and consciously violated, and that the store’s employees would allow customers to do work on their cars and spill fluids in the parking lot. A spot inspection by an expert retained by the firm, revealed that plastic oil bottles were frequently strewn across the parking lot, discarded by customers after adding oil to their cars, further demonstrating the consistent violation of the store policy. This inspection also revealed that the run-off from the parking had caused a large swath of grass to die between the parking lot and the closest storm drain where rain water runs off. The law firm had the soil tested, which demonstrated that the soil surrounding the parking lot was contaminated with high levels of oil and other automobile substances.

When Mr. Siegel had finished dissecting the store’s policies and procedures, it was clear that whether that our client’s fall was a direct result of the store’s failure to take any reasonable efforts to monitor or inspect its parking lot. The case settled at mediation for $100,000.

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Woman Suffers TBI While Entering a Restaurant Obtains Settlement

Monday, October 27th, 2008

On November 10, 2005 at approximately 2:30 p.m., our client was entering the California Grill restaurant in Washington, D.C. when her foot got caught on a portion of the floor which was not level with the door threshold, causing her to fall. Her knees struck the floor and her body fell forward causing her head to strike a glass wall which was in the vestibule directly in front of her.

The door and its threshold had just been replaced and the new door threshold was not flush with the tile floor, causing a trip hazard. The owner of the restaurant placed a wet floor sign near the door to allegedly warn customers of this hazard. However, he failed to take the most simple and logical precaution of posting a sign on the door warning customers to “watch their step.”

Our client suffered extensive injuries and damages, including a closed head injury, (also referred to as a traumatic brain injury or concussion) with cognitive impairments, post-traumatic headaches, a left rotator cuff tear, cervical radiculopathy, cervical strain, lumbar strain and bilateral knee contusions. As a result of the closed head injury our client’s doctors diagnosed her with a condition called Dysautonomia. Dysautonomia is a malfunction of the autonomic nervous system which can cause lightheadedness, dizziness, headaches, and syncope episodes (fainting). Following the incident, our client had multiple fainting spells, which required extensive hospitalizations. The Defendants disputed that the fainting spells were caused by the incident.

Partner Allan M. Siegel filed a lawsuit against the owner of the restaurant, the owner of the building, management company of the building, and the company that installed the door. The case settled at mediation. The terms of the settlement are confidential.

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Frequency of Drowning and Near-Drowning Incidents

Thursday, October 23rd, 2008

Drowning deaths number more than 8,000 per year with approximately 1,500 of these deaths occurring with children. In the toddler group of children, most incidents occur in bathtubs or swimming pools while in the adolescent group, most incidents occur in natural bodies of water. For every death from drowning, there are an estimated four individuals hospitalized as a result of near-drowning. Perhaps surprisingly, drowning deaths of children aged 1 month to 14 years is second only to motor vehicle accidents. In three states, Arizona, California and Florida, drowning is actually the greatest cause of death within that age group. Submersion related injuries are the fifth leading cause of accidental death in the United States in all age groups occurring approximately 2.5-3.5 per hundred thousand individuals. Unfortunately, true incidents of near-drowning cannot be accurately defined since many cases are not reported.

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Near-Drowning

Monday, October 20th, 2008

Drowning is defined as death secondary to a loss of oxygen while immersed in a liquid, usually water, or within 24 hours of submersion. Drowning does not usually take place when an individual is helplessly gasping and thrashing in the water. That is rarely the report of a drowning victim. Instead, it is a more ominous scenario of a motionless individual floating in the water or quietly disappearing beneath the surface. Near-drowning on the other hand, connotes the immersion of sufficient severity to warrant medical attention and may lead to serious injury or death. Near-drowning victims frequently have profound, permanent brain injury requiring full-time care for all of their daily life activities.

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Brain Injury Services, Inc.

Friday, October 17th, 2008

Brain Injury Services, Inc., a Springfield, Virginia organization whose mission it is to improve the lives of people who are affected by brain injury through community-based programs, education and advocacy have provided information regarding a series of seminars which will take place from October all the way through July 2009. The recovery group’s topic schedule is appended hereto as an attachment and may be reviewed along with the contact information for any individual or family believing they could benefit from this. Brain Injury Services, Inc. is a private, non-profit agency that helps individuals with brain injuries in northern Virginia and Fredericksburg. Brain Injury Services, Inc. recognizes that although 80% of all traumatic brain injuries are classified as “mild”, a mild injury does not mean a mild deficit. The law firm of Chaikin, Sherman, Cammarata & Siegel, P.C., as a responsible member of this community determined that it is appropriate to notify our readers of the existence of this resource.

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Non-Economic Damages Cap in Maryland

Monday, October 13th, 2008

October 1, 2008 brought a change in the maximum amount of recovery for non-economic damages in the state of Maryland. The state of Maryland has a “cap” on non-economic damages. This means that there is a legislatively determined maximum amount of recovery available to an individual injured in the state of Maryland as a result of the negligence of others. The amount of the recovery changes every October 1. With the onset of October 1, we thought it best to advise our readers of the change in the amount of recovery for non-economic loss in the state of Maryland. For claims of pain and suffering made before October 1, 2008, the maximum amount of recovery is $695,000. For claims of pain and suffering made after October 1, 2008, the maximum amount is $710,000. In the event there was a death, the wrongful death beneficiary can receive $650,000 for non-economic loss. If there were more than one wrongful death beneficiary in an injury that took place in the state of Maryland, then the total amount available for all of the wrongful death beneficiaries, assuming the death took place on or before September 30, 2008 is $1,042,000 and after October 1, 2008 is $1,565,000.

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The Effects of Partial and Total Sleep Deprivation on Driving Performance

Friday, October 10th, 2008

The National Sleep Foundation estimates that more than two-thirds of adults have a sleep-related problem and 23% have actually fallen asleep while driving. Many sleep-deprived people believe that they can function well with only a few hours of sleep each night, over a lengthy period of time. That assumption is erroneous. Sleep deprivation can have a significant, negative impact on mental and physical performance, including driving. The National Highway Traffic Safety Administration estimates that in the four years between 1989 and 1993, driver drowsiness and fatigue was a contributing factor in a 100,000 crashes per year on Unites States highways. Accordingly, while we often hear “don’t drink and drive”, we should also consider “don’t drive without a good night’s sleep”.

The necessity to obtain adequate sleep while driving is so well known that Federal regulations require tractor trailer and other over-the-road drivers to rest and log the amount of rest they received and maintain and submit those logs to their employer. Clients involved in collisions with tractor trailers therefore frequently result in the lawyers of Chaikin, Sherman, Cammarata & Siegel, P.C. demanding that the logs that record the amount of time the driver was on the road and the amount of time the driver rested. Accordingly, if you or a loved one was involved in an accident with a tractor trailer, call the law offices of Chaikin, Sherman, Cammarata & Siegel, P.C. for a consultation with an attorney experienced in these matters.

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How Traumatic Brain Injuries Are Treated

Wednesday, October 8th, 2008

Early diagnosis and treatment frequently increases the likelihood of improving skills, alertness and attention of the person with a traumatic brain injury. Professionals will focus on improving orientation to person, place, time and situation and stimulating speech and understanding. Therapists can provide exercises in situations where speech or swallowing is difficult.

Longer term rehabilitation can take place on an individual or group basis depending on the needs of the individual with the traumatic brain injury. The goals of rehabilitation are to help an individual progress to the point where he or she is performing at the highest level of independent function possible. For some, it may mean attempting to learn to express simple needs, while for others, the goal may be to express their needs by pointing to pictures. The goals of rehabilitation and the methodologies employed are literally infinite and depend to a large degree on the needs of the patient and the skill of the professional. One thing is certain, that early and aggressive diagnosis and treatment will improve the likelihood of reaching maximum medical improvement as quickly as possible. Additionally, locating an attorney you can trust that has the knowledge of the function of the brain and the needs of individuals with traumatic brain injury is extremely important. The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have had literally hundreds of cases involving traumatic brain injury. Accordingly, if you or a loved one have sustained a traumatic brain injury, call the law offices of Chaikin, Sherman, Cammarata & Siegel, P.C. and ask to speak to partners Ira Sherman or Joseph Cammarata for a free consultation.

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The Professionals Involved in Assessing Cognitive and Communication Problems Following TBI

Monday, October 6th, 2008

The assessment of cognitive and communication problems is an ongoing process that involves a physician not known as a neurologist and his team of individuals who are not physicians who work on the rehabilitative and diagnostic components of recovery. For instance, once a person’s physical condition is stabilized, a speech and language pathologist may evaluate cognitive and communication skills. A neuropsychologist may evaluate other cognitive and behavioral capabilities. An occupational therapist may also assess cognitive skills relating to an individual’s ability to perform activities of daily living. An audiologist may also be employed to assess hearing. The rehabilitative process may last for as long as a year since approximately 90% of the brain’s recovery will take place in the first year after the traumatic brain injury. The remaining 10% will take place in the second year after the injury took place.

One thing is certain, that early and aggressive diagnosis and treatment will improve the likelihood of reaching maximum medical improvement as quickly as possible. Additionally, locating an attorney you can trust that has the knowledge of the function of the brain and the needs of individuals with traumatic brain injury is extremely important. The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have had literally hundreds of cases involving traumatic brain injury. Accordingly, if you or a loved one have sustained a traumatic brain injury, call the law offices of Chaikin, Sherman, Cammarata & Siegel, P.C. and ask to speak to partners Ira Sherman or Joseph Cammarata for a free consultation.

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The Effects of Brain Injury on Cognition and Communication

Friday, October 3rd, 2008

The effects of brain damage are usually greatest within a few days following the injury. However, there are some effects of a traumatic brain injury that develop over time. For instance, when an individual suffers temporary brain damage resulting from a bruising, also known as a contusion, swelling may develop. In those situations, more often than not, the brain returns to its normal function once the swelling goes down. However, that is not always the case. Accordingly, it is difficult to accurately predict the extent of long-term problems in the first weeks following traumatic brain injury. Additionally, children’s brains, having much greater flexibility than brains of adults, have a greater chance of progressing and recovering than adults with similar damage.

When an individual suffers a moderate to severe injury, swelling may cause pressure on the brain stem which controls consciousness and wakefulness. Individuals who suffer those types of injuries are frequently in an unconscious condition which we commonly refer to as a coma. People in comas may be completely unresponsive to loud noises, pain or other stimuli while others may respond to some stimuli but be unaware of their surroundings.

Individuals have been unconscious often have ongoing problems concentrating, organizing their thoughts and with memory. Others may experience difficulty learning and obtaining new information while others may be unable to solve difficult problems or plan. Under those circumstances, judgment is often affected. Language problems also may vary. These problems would include word-finding difficulty, poor sentence formation and difficulty understanding subtle meanings in jokes, sarcasm or colloquialism such as “it’s as hard as a rock”. Finally, speech in a traumatically brain injured individual may also be altered by being slurred or slowed.

One thing is certain, that early and aggressive diagnosis and treatment will improve the likelihood of reaching maximum medical improvement as quickly as possible. Additionally, locating an attorney you can trust that has the knowledge of the function of the brain and the needs of individuals with traumatic brain injury is extremely important. The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have had literally hundreds of cases involving traumatic brain injury. Accordingly, if you or a loved one has sustained a traumatic brain injury, call the law offices of Chaikin, Sherman, Cammarata & Siegel, P.C. and ask to speak to partners Ira Sherman or Joseph Cammarata for a free consultation.

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