Articles Posted in Personal Injury

Making the decision to place a loved one in a nursing home can be difficult, even emotionally traumatic, for both family members and for the person who is actually entering this new residence. The last thing anyone wants to learn is that their loved one has fallen.

What is the risk for a fall?

01. In the U.S., around 1,800 people die in nursing homes from falls each year according to the Centers For Disease Control. In Idaho, just like other parts of the country, older people are more susceptible to general and physical harm from falls. In addition, the severity of the harm is greater to these more fragile family members. Your relative may fall due to the fact that mobility is decreased as a person ages. Diminished gait and mobility problems account for 24 percent of nursing home falls according to the CDC. New medications can also affect one’s ability to move from one place to another.

The speed limit on several portions of the interstate system in Idaho is as high as 80 mph. Said otherwise, in those 80 mph sections, motor vehicles that travel at that speed are traveling at 117 ft./s. That is fast.

Scattered throughout the interstate are little “lanes” across the median, also known as emergency crossovers. These crossovers are designed and in place for authorized vehicles only, such as law enforcement, EMS, and maintenance crews. The drivers of these authorized vehicles are trained to use these crossovers safely due to a heightened danger to motorists on the interstate when they are used.

Crashes and resulting personal injuries are a common occurrence as non-authorized vehicles, or members of the general public attempt to use these cross-overs rather than using designated exits and on-ramps. The dangers arise as the motorist, who is presumably in the left, “fast” lane, slows down in order to enter the cross-over. Traffic approaching from the rear is coming up fast and because of the rapid pass of distance due to speed, the ability to perceive, react, and slow down is all extended. It is very common for these slowing motorists to be rear-ended, resulting in injury and death.

Unfortunately, not all drivers are responsible; some drink and drive or are otherwise impaired. Drunk drivers are not just out there on the weekend. You can find them on the roads at any time, day or night. You must remain vigilant in order to avoid such drivers. How can you keep safe from these drivers? Look for the following signs:

• Sudden braking
• Weaving across the lane, crossing the lines, and overcorrecting

Tired drivers cause accidents. We have all seen it, and we may have done it ourselves. A tired driver may fall asleep at the wheel. Or he may just lose focus for an instant and make a wrong decision. Drowsiness can impair a driver’s reaction time and even his vision. Drowsy drivers may even be more moody and aggressive than well-rested ones.

Legislation is being considered in some states that would allow police to charge drivers with criminal negligence when an accident has occurred and there is evidence that the driver has not had sufficient sleep. But even if it passes we are not likely to see much enforcement, because drowsy driving is difficult to prove in most cases.

One exception, though, involves over-the-road truckers. A drowsy driver in command of an 80,000 pound vehicle can cause massive damage. So, federal regulations limit truckers in the number of hours they can drive between periods of adequate rest. The regulations also require truck drivers to keep detailed log books documenting their rest periods and driving times, and a driver who goes too long without rest — or falsifies his logbook — can lose his license. In Idaho, it is a misdemeanor charge for a driver to be even a few minutes out of compliance with the federal regulations.

A pedestrian or bicyclist who is struck and injured by a car, truck, bus, train or other vehicle has the same right to seek financial compensation as any other injured person. Indeed, it is often more necessary given that accidents sustained by a pedestrian or cyclist are often more serious than two-vehicle accidents. Oftentimes, accidents involving pedestrians or bicyclists are more complex than accidents involving two motor vehicles. However, we have seen too many pedestrians get talked into believing they somehow are at fault and cannot pursue a personal injury lawsuit. Do not make this mistake. Our experienced attorneys can review the facts of your case during a consultation to determine if you have an actionable case.

These types of accidents often result in injuries that require extensive medical treatment and getting fully compensated from the at-fault party is critical. You have suffered enough. The financial burden of medical costs, missed paychecks and long-term rehabilitation should not land on you.

At the law office of Racine Olson, we will aggressively pursue the full amount you deserve. We are always prepared to go to trial if necessary while, at the same time, we can work toward a reasonable settlement.

A catastrophic injury permanently prevents a person from performing any gainful work. A person suffering from a catastrophic injury is usually left with permanent disabilities for the rest of his/her life. Catastrophic injuries are of such a nature that they leave serious, long-term effects on the victim. They commonly result in serious stress on the victim as well as the victim’s family. In fact, they may result in the need for constant supervision and ongoing medical care for life.

01. What causes a catastrophic injury?

Catastrophic injuries can be caused by almost any negligent act. A catastrophic injury may result in severe disruption to the central nervous system, severe burn injuries, severely broken bones, or loss of sight. These results then affect other systems of the body. Catastrophic injuries include: serious head trauma; amputation; multiple bone fractures; eye injury; brain injury; severe burns; organ damage; spinal cord and neurological disorders which can result in paralysis.

The weather is warming up and by the end of this month will likely reach over 80 degrees. With warm weather comes the use of numerous types of motorcycles and other such open vehicles. Unfortunately, drivers do not watch for these types of vehicles the way they should. However, with a little extra care, they can be used safely.

01. Helmets are required by law.

The most important piece of safety equipment for a motorcycle or other open vehicle rider is a helmet. Twenty percent of motorcycle accidents result in head or neck injuries. Either type of injury can be severe; and both can be fatal. However, when a helmet is properly used, both head and neck injuries are reduced. Idaho Law recognizes this fact and requires that a person under the age of 18 who is using a motorcycle or ATV use an appropriate helmet.

A herniated disc (also referred to as a slipped disc) can occur in people of any age, although most people who receive herniated discs are in their 30’s and 40s’s. A herniated disc can be caused from daily wear and tear, however, it is also a common injury caused in automobile accidents.

The top 3 symptoms of a herniated disc are (1) arm and leg pain, (2) numbness and tingling; and (3) weakness.

The average person’s spine is made up of 33 bones called vertebrae. The spine is divided into the upper spine (cervical), middle spine (thoracic) and lower spine (lumbar). Generally, the upper spine consists of seven vertebrae. The middle spine consist of twelve vertebrae and the lower spine consists of five vertebrae. The remaining vertebrae are in sacrum (located below the lumbar) and coccyx (located below the sacrum). Each vertebrae in the upper, middle and lower spine is cushioned by a disc. Each disc consists of a soft inner portion and a tough outer portion. A herniated disc occurs when the soft inner portion protrudes out of the outer portion. Most herniated discs occur in the lower spine, but they can also occur in the upper spine and even in the middle spine. Herniated discs can be detected using various medical tests, including MRI’s, X-Rays, CT Scans and Myelograms.

Sometimes the pain and disability associated with traumatic personal injury seems out of proportion to the trauma that caused it. A minor accident may cause a significant disability. In Idaho and every state, a person who negligently or intentionally causes personal injury is liable for all of the damages that result, even those that seem to be out of proportion to the act. There have been cases, of course, where people have tried to fake a serious injury to get a recovery. This rarely works, but it does cause problems for those people that have truly been seriously injured in seemingly minor accidents. However, with proper medical diagnosis, the links can be established between major injuries and seemingly minor accidents.

We know, for instance, that a minor impact can cause a whiplash or a brain injury that results in serious damage. Sometimes, even an apparently minor trauma to an arm or leg can also cause serious injuries. Even the injured person might not relate the pain and disability that appears later to the accident that caused it.

Some examples:

When a person is injured by a product in Idaho, it is imperative to get help from a seasoned products liability lawyer. The rules are complicated and the law is unforgiving. This article will explain some of the basics of Idaho products liability law.

First, there are various claims that can be made against a manufacturer. These include strict products liability, negligence, breach of warranty, and a failure to warn. The focus of products liability is on whether the product was dangerous when it left the manufacturer. Strict products liability, negligence, breach of warranty, and a failure to warn can really be placed into categories. These categories are design defects and manufacturing defects.

A manufacturing defect is one which occurs at the factory to just one or two products. In other words, the product’s design is safe, but for some reason, the particular product that injured a person was dangerous. This is usually the result of some negligent act by the manufacturer during the manufacturing process.