Injury & Accidents
Broken Bones and Fractures
Fractures and broken bones are serious injuries that impact you during the healing period and often throughout the rest of your life. Broken bones can lead to deformity, loss of mobility, and be painful. If you have suffered a broken bone, or other similar trauma, and the fault lies elsewhere, it is important to document all the events that lead up to the event and after you seek treatment. With this information, and considering all the mitigating factors, an attorney can determine if it is prudent to pursue a case.
Spinal Cord Injury
There are nearly 200,000 individuals in our country living with spinal cord injuries. The majority of these individuals are under thirty years old. Often the disability is permanent and as a result of the injury they suffer motor and sensory deficiencies, bowel and bladder dysfunction, along with other debilitating symptoms.
Traumatic Brain Injury
Sudden physical damage to the brain is referred to as traumatic brain injury. The head hitting an object with tremendous force, or the piercing of the brain with a sharp object of such as a knife or bullet may cause this injury. Automobile accidents top the list as the number one cause of traumatic brain injury. Also noted are sports injuries, falls, violent crimes, and child abuse. Focal brain damage is confined to a small area of the brain, usually the point where the head was hit or penetrated. Head injuries take considerable time to heal, if they are able to heal at all. The full extent of the injury may not be immediately recognized.
Drowning & Swimming Accidents
More than 3,500 Americans die each year by drowning either during or in direct relation to diving and swimming activities. 5000 children are brought into hospital emergency rooms every year suffering from injuries sustained during a swimming activity. The injuries range from scrapped knees to irreversible brain damage to death.
In several states, responsibility falls upon the homeowner to erect a fence around their pools. This is to discourage uninvited guests and wandering neighbor children access to the pool. A homeowner may still be liable for injuries an uninvited swimming guest sustained, even though the person was trespassing.
Owners have been held liable when individual is injured or killed as a direct result of neglect on the part of the owner. Compensatory damages recovered by successful plaintiffs suing under personal injury claims for diving or other accidents have included lost wages, pain and suffering, and medical expenses.
In the event a child sustains injury or dies in a pool, negligent supervision may be claimed against the owner of the pool. The plaintiff only has to establish the pool owner had a duty to watch the injured or deceased child as he or she swam.
Burns
Burns can occur by heat and fire, electrical causes, or by chemicals. Like all injuries, burn injuries run a wide gambit of severity. Automobile accidents are a common cause of burns, as are failed electrical appliances, electrical wiring in a building, and gas grill fires and explosions. The agony one suffers, both physically and emotionally, from a burn can be unfathomable. Often, amputation may be necessary, or there can be other complications such as neurological disorders when electricity is involved.
In the event of an injury, immediately seek medical attention! Following up on any treatment prescribed is of equal importance to assure proper treatment has been administered and records are being kept.
Lead Poisoning
It was determined more than twenty-five years ago, that lead paint is detrimental to humans, especially children. While lead paint is no longer used in homes and apartments, older properties often have several layers of paint on window sills and door jambs, with the lower layers containing lead. As the surfaces are scratched, the lead comes to the surface in the form of dust, often nearly microscopic.
This lethal dust is ingested by individuals with devastating consequences if the individual is a child. More than a million children have a high enough level of lead in their blood, that it is considered detrimental to their health. It is probable that the numbers are significantly higher, but instead of receiving a correct diagnosis, the children are written off as mentally deficient or suffering from some other disorder such as ADHD.
If you suspect that you, or your children, have been exposed to lead paint, it is important to see your doctor at once for a simple blood test that can detect lead levels. While following all of your doctor's advice, which may include that you immediately remove yourself from the environment, it is also important to document your case and preserve the evidence. For this reason, it is important to contact a qualified attorney immediately.
Back Injuries
More that 80% of Americans suffer from back pain and reoccurrence of back problems is 90% probable. The medical profession and employers are finally discovering just how debilitating this type of injury can be to both the individual sufferer and to employer.
It is in the employer's best interest to make a safe work environment, thus cutting down on work related injuries and drastically reducing their number of insurance claims. Though employers often make the effort to install safety systems and initially educate their workers, it is not uncommon for the education process to fall by the wayside during busy periods, or over time.
Because back injuries can occur over long periods of time, even a lifetime, it is important for the individual who has been hurt through negligence or on the job to protect their rights. Negotiating with self-interested parties, while injured rarely leads to favorable results. If you have been hurt on the job, or through negligence, it is important to seek appropriate legal counsel to safeguard your future.
Repetitive Stress Injuries & Carpal Tunnel Syndrome
Repetitive Stress Injuries, such as Carpal Tunnel Syndrome, are unfortunately common on the job injuries. They involve tendons, muscles, vascular and nerve systems, along with other soft tissues. Other forms of the injury include rotator cuff tendonitis, ganglion cysts, De Quervian's disease, and trigger finger.
Upon receiving notification of an employee that has developed a Repetitive Stress Injury, sometimes employers will recommend seeking treatment under the company's group health insurance plan, knowing that the injured employee should be referred to the Workers' Compensation insurance company. Receiving treatment under the group health plan, sufferers may forfeit their legal right to receive Workers' Compensation benefits.
Repetitive Stress Injury victims require the assistance of a qualified Workers' Compensation attorney to ensure that they receive the maximum Workers' Compensation benefits provided by law.
Mold Exposure
While mold is common in Oregon, if you rent a home or work in Oregon, your landlord or employer has a duty to you to ensure that you are not placed in a dangerous environment due to mold. There are many types of mold which can grow in your home or work space, and most of them are harmless. However, some of them are not. Your landlord or employer has responsibilities to keep your home or workspace free of hazardous mold. For more information on mold in Oregon, please visit the Oregon Department of Human Services.
At Case & Dusterhoff, LLP, these types of cases are handled by James D. Case, R. Bruce Dusterhoff, Benjamin O. Falk, and Alex Golubitsky.
Contact us to inquire about an Injury or Accident claim.