Brain and Spine Injury Law Blog : Brain and Spine Injury Lawyer & Attorney : Tim Titolo Law Office : Personal Injury & Wrongful Death : Car, Truck, and Motorcycle Accident: Las Vegas, Nevada

What is a Personal Injury Claim?

The first step to understanding the American Justice System as it may apply to your claim for injury is determining the remedy sought. The first level of Justice separates criminal and civil Actions.

A criminal action seeks to incarcerate or limit an individual’s freedom. Hence, trial results in a person paying a fine and possibly going to jail. These claims are typically initiated by a government body - city, state or Federal - asserting its interest on behalf of the public, to force or prohibit certain acts of a person. Criminal actions are not typically brought by an individual who has been wronged by another’s particular act. However. many criminal actions have civil components to them. As in the OJ Simpson case, a criminal jury acquitted (found no fault) OJ, and a civil jury found Mr. Simpson liable for a specific amount of money to the family of the dead defendant.

A civil action is typically initiated by a wronged individual against another individual or business. This trial results in money remedy for the plaintiff or potential costs of the lawsuit for a defendant if plaintiff loses. Jail or other limitations of freedom are typically not included.

A civil claim begins when one party seeks compensation from another party. Those parties are “plaintiff” and “defendant.” There are many types of civil actions. Contract and property disputes including employment, real estate, patents and many others fall under a category which takes up the greatest portion of legal dockets. These disputes can involve individual consumers against other individuals or large corporations against other large corporations. Corporate litigation uses a lot of court resources and often gets special treatment when it involves a particularly large specific issue.

Civil claims include family law, divorce, and a host of other areas. Personal injury law is another area of civil, rather than criminal, law. Here, individual versus other individual, as in car accident cases, are pursued. Individual consumer versus business is also a common claim. Think of the Louisiana fishermen claims against British Petroleum regarding the 2010 oil spill. Civil personal injury claims involve a plaintiff suing a defendant for money damages.

However personal injury law has been further subdivided over the years since American Jurisprudence began to include categories like 18 Wheeler Truck Injury, Traumatic Brain Injury, Medical Malpractice, Defamation, and others. The reason for these subdivisions is the level of subspecialty involved.

For example 18 wheeler, or semi tractor and trailer Truck injuries involve an entire set Federal regulations specifically created in response to the industry’s propensity to lack safety protocol. These regulations are constantly being updated.

Traumatic Brain Injury cases involve very particular scientific and medical knowledge which is also being updated regularly as technology and medical science progress.

Medical Malpractice is interesting since many states have attempted to regulate a consumer’s ability to access justice for those injuries by setting limits on how claims are made. Knowing how to maneuver the legal path in these case often requires ever changing rules.

Many consumers of the justice system seek criminal type penalties against people or businesses that they perceive were responsible for injuring them. This, however, is the job of the state or other government body whose interest is stopping criminal behavior. Still, in personal injury (civil cases) this differentiation is lost. The Burden of Proof for a criminal case is higher than for a civil case – and for good reason.

When a Judge takes away a person’s freedom of movement by putting them in jail, a jury must be very sure the evidence supports that result beyond a reasonable doubt – close to 100%. However when a jury in a civil case finds money damages for one party, it does so under a preponderance of the evidence standard – more than 50%, or more likely than not.

So if a jury finds a person 51% likely to have committed a crime – it should not find against that person criminally – no jail time. But if a jury finds a person 51% likely to have been negligent, or at fault, even if by accident, it should find against him and in favor the plaintiff.

I have been practicing personal injury civil law for over 20 years. Sometimes there is a criminal component to personal injury cases. When there is, a prosecuting (government) attorney pursues it. While its outcome may be of great importance to the injury (civil) claim, it is a separate matter. On the other hand, not all personal injury claims have criminal components as when a party does not intend for an injury to happen. As they say, “sometimes accidents happen.” However even in those unintended incidents, for example a car crash, someone’s error caused it.

 If you or someone you know has been injured due to someone else’s fault, you do not want to rely only on the criminal lawyer who works for the government to represent your personal interest. They simply do not. You should speak to an attorney you select since he or she will protect your best interests as to your personal claims.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 We are almost through August and more than half way through Summer 2010. Parents, children and kids are preparing for the return to school in the next couple of weeks. In Nevada, public schools start August 30.

Meanwhile Nevada, and particularly Las Vegas, continues to muddle through the recession which for Southern Nevada has been a novel experience. The unemployment rate is close to 15% as I write.  The city many thought was immune from economic storms has seen itself hardest hit. Hopefully things will improve.

We face a heated election where the Tea Party candidate, Sharon Angle, accuses Democrat incumbent, Harry Reid, for the current state of plummeted home values while Reid criticizes Angle for not making job creation a part of her job!

The Station Casino’s recent resurface from Bankruptcy with owners, Frank and Lorenzo Fertitta, manning the helm, may be a boost. Of course some creditors had to write off $4,000,000,000 – four billion dollars! But maybe the massive adjustment will re establish the local casino group and have a positive impact on Las Vegas. 

Today’s report of the M Resort, opening just over a year ago, being put up for sale may result in an interesting bid; especially if Boyd gets back into the picture. Boyd’s recent failed effort to take over Station properties may be a prelude to an M resort bid.  Although my sources tell me that Station may make a bid to buy M resort now that they have shaken off 4 billion in debt.

I am reporting on 2 separate topics relating to Brain and Spine Injury issues. First is a look at the Cleveland Clinic’s Las Vegas Lou Ruvo Center. Second is the recent revelation concerning veterans. 

Lou Ruvo Brain Center

Nevada, and specifically Las Vegas, may be on its way to becoming the "go-to" place in the country for Brain Health.  The Cleveland Clinic Lou Ruvo Center for Brain Health (CCLRCBH) provides state-of-the-art care for cognitive disorders and for the family members of those who suffer from them.

 For persons with mild cognitive impairment such as early stage dementia and Alzheimer’s disease, the center offers the most up-to-date and technologically advanced diagnostic imaging services, including 3-Tesla MR, performed by one of the leading neuroimaging academic centers in the world. The CCLRCBH also offers a multimodal treatment program for persons with mild cognitive disorders, including physical exercise, cognitive rehabilitation, and cognitive enhancing medications.

Recently named to head up the Center, leading researcher and neurologist Jeffery L. Cummings, MD, will be the Director of the Cleveland Clinic Lou Ruvo Center for Brain Health.

Prior to joining Cleveland Clinic, Dr. Cummings was the director of the Mary S. Easton Center for Alzheimer’s Disease Research and a professor of Neurology and Psychiatry and Biobehavioral Sciences at David Geffen School of Medicine at UCLA.

He is past president of the Behavioral Neurology Society and of the American Neuropsychiatric Association. Dr. Cummings has authored or edited 30 books and published more than 600 peer-reviewed papers.
 

Misdiagnosis Hurt U.S. Soldiers

We now know that during the height of the Iraq war, the Army routinely misdiagnosed hundreds of soldiers with “personality disorder.” In doing this, the Army was categorizing veterans being dismissed from duty, with a pre-existing condition. Pre existing conditions are not covered by the military health care for veterans.

Leaving wounded veterans ineligible for military health care and with a stigma attached to mental weakness, advocates for veterans, congress and the public actively pushed for re-evaluation of veterans conditions. The Nation, published an article exposing the practice and caused the Defense Department to change its policy. 

All soldiers diagnosed with Personality disorder prior to 2008 are being re-evaluated. Before 2008, over 1000 soldiers were dismissed based on personality disorder. In 2009 only 260 were dismissed for personality disorder.   By 2008, 14,000 soldiers were diagnosed with brain injury or post traumatic stress disorder.   The number of personality disorder cases dropped 75%. Watch this You Tube video.

The significance for those men and women that serve the country in the military is staggering. Could you imagine sacrificing life and limb only to have the U.S. government tell you that you suffered a pre-existing personality disorder? Why, you might ask, did the Army, for example, not make that determination until after my sacrifice of life and limb? How convenient for the Army to take advantage of the sacrifice and not pay the veteran when they can no longer make the sacrifice.

We now know about PTSD as it relates to war, something the Vietnam veterans did not benefit from. We also know, unlike Vietnam, that more soldiers stay alive after blast and concussion trauma due to the enhanced protective gear.

I really hope that the U.S. will be proactive in caring for its military. I think we should all support brain injury groups like the Brain Injury Association of America who are on the front lines, so to speak, in getting legislation for brain injured survivors.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

You may not want to miss this.  ABC News announces a new primetime series, “Nightline Prime,” which premieres Thursday, August 19 examining the mystery and science of the brain.

Each installment will focus on a different research areas, including emotion's impact on the brain, medical emergencies involving the brain, violence and the brain, and food and the brain.

The four installments of Secrets of Your Mind begin airing Thursday, August 19 at 10:00pm ET/PT and continue on the three subsequent Thursdays:
Here is a rundown of each of the shows:

 Thursday, August 19: “Nightline” co-anchor Cynthia McFadden explores the brain in love. She follows a remarkable story of love lost and found again after a traumatic brain injury. McFadden also talks to a man who is literally paralyzed by love—a peculiar brain condition that causes his body to shut down when he experiences feelings of love for his wife.

Thursday, August 26: Martin Bashir takes a journey inside the mind of a psychopath. Bashir examines evil’s origin in the brain and whether people can be born with a tendency for evil or violent behavior and if it can be detected in childhood. In his reporting, Bashir visits death row for a close-up look at two of the country’s most notorious serial killers. He also speaks exclusively to the distraught father of Chris Benoit, the pro-wrestler who murdered his family then himself.

 Thursday, September 2: “Nightline” co-anchor Terry Moran embeds with Dr. Bailes for a first-hand look at life-and-death drama inside the operating room. It’s a race against time as cameras capture an aneurism bursting on the operating table and Dr. Bailes and his team have only seconds to react.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

What is a Brain Injury Case Worth? Episode 2

Brain injury comes in many shapes and sizes. The proverbial “one size fits all” does not apply. Although there are many similar characteristics with most brain injuries they are not all the same. For instance, brain injury often results in short term memory loss and difficulty processing information. How that emerges between individuals varies but often it is seen at work and in social situations. Often the difficulty requires more energy for processing information and results in fatigue.

Depression is common both from the injury itself and psychologically as a result of the affects of the injury. This is especially true in cases of mild and moderate traumatic brain injury when those around you simply have difficulty believing you are suffering when you look otherwise normal. This adds to the frustration, anxiety and irritability.

If you have been in a traumatic event that caused a concussion and brain injury, you may wonder about the value of the legal case. A legal case value depends on many things other than the injury and its affects. Many people do not understand this. Sometimes an injury can be worse in one case but valued lower than another case with a lesser injury. On the other hand, too often cases with a higher value are settled for less because the person making the evaluation does not understand brain injury. Since traumatic brain injury typically results in difficulty making decisions, it is a good idea to have someone you trust help you find a lawyer.
Finding the right lawyer is critical to getting a proper verdict or settlement. Lawyers have different interests and talents. Long ago lawyers could be general practitioners handling wills, business matters, divorce and criminal matters. Today the law is very specialized. That is, what a lawyer spends most of his time doing is what he is best at. If your lawyer handles one or two brain injury cases a year, he is not a good choice to handle your injury. If your lawyer’s practice is devoted to over 90% brain injury cases, you’ll have a much better outcome.

The first thing to understand is all lawyers are not made the same. And just like other folks, if a lawyer untrained in brain injury does not see an injury on standard diagnostic tests or by simple observation, they are not likely to believe it exists. On the other hand, if your lawyer is versed in how mild and moderate traumatic brain injury affects victims, they will know where to look and how to maximize the value.

Traumatic Brain Injury typically has medical costs associated with care in the past and in the future. Determining what the future costs are likely to be is important in valuing the case. Likewise, past lost earnings from being out of work are simple enough to calculate, but what about the loss of future earning capacity? This is very tricky since a person with brain injury may be able to do a job but staying consistently employed is an entirely different matter. Again, unless your lawyer has extensive experience on how and why a brain injury can cause loss of future earning capacity, she may sell your case short.

There are many other things to consider when hiring a lawyer and that is why you should seek out assistance from someone you trust; your spouse, parent, child, relative, or good friend. You should not simply take the advice of someone who tells you about a lawyer they used in a case. That lawyer may be a very talented divorce lawyer but that is not what you need. Your friend’s lawyer may even be personal injury lawyer, but that does not automatically qualify her as a brain injury specialist. Personal injury lawyers rarely limit their practice and research to traumatic brain injury. You are entitled to hire a lawyer that does.

I wrote an article entitled a Guide to Selecting a Lawyer in a Traumatic Brain Injury Case. I attempt to guide non-lawyers in choosing a qualified lawyer to handle their case. Much of what I propose are simple questions that you have a right to ask. Lawyers who profess skill in handling traumatic brain injury cases typically have blogs they publish. For instance my blog is entitled Brain and Spine Injury Law Blog. You may want to research your lawyer’s web site as well.

With the help of a trusted companion, look up organizations like the Brain Injury Association of America (BIAA), www.biaa.org. Visit their site on the internet or call them and ask for a referral to a lawyer in your particular state. There are organizations whose purpose is to assist victims of brain injury. Consult them rather than simply relying on the recommendation of a friend who may mean well but does not understand the nuances of brain injury.

These organizations will also assist you in getting the right care and treatment in your area. Most hospital emergency rooms do not treat or even diagnose mild or moderate traumatic brain injury, so you will benefit by talking to folks who understand. Other groups include individual State Brain Injury Associations, and the North American Brain Injury Society (NABIS), www.nabis.org.

Not only will these organizations assist you in getting help, they provide literature and videos to help explain what you are experiencing and how treatment can help.
If you or someone you know has suffered traumatic brain injury, please accept my best wishes and prayers for a maximized recovery. I hope something I have shared here will assist you in your journey.

Timothy Titolo copyright 2010
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Hi. My name is Tim Titolo. I am an attorney in Las Vegas, Nevada. I’d like to tell you a little about myself and a podcast I am creating.

I graduated from Hofstra University, New York in 1983 with a degree in accounting. I went to work for an international accounting firm in Tulsa, Oklahoma during the booming oil days of the 1980s. I later enrolled at Tulsa University Law School and graduated in 1988.

I moved to Las Vegas, Nevada and started work with a large insurance defense firm. After a couple of years I ventured out on my own representing plaintiffs in personal injury cases. Very soon afterwards I developed a specific interest in representing victims of traumatic brain injury and spine injury.

I successfully handled many cases involving amounts exceeding a million and several million dollars. I learned about the special suffering traumatic brain injury brings to its victims. And not only the victims but the families as well.

I have served on various Brain Injury Associations and as Board Member of the Traumatic Brain Injury Litigation Group of the American Association for Justice. I have been invited numerous times to lecture and present to groups of doctors, lawyers, rehabilitation providers and others around the country on topics relating to brain injury.

I am also active in the American Association of Justice Motorcycle, Motor Vehicle, Premises, Inadequate Security, and Trucking Litigation Groups. I participate with the North American Brain Injury Society and Brain Injury Association of America on planning committees and conferences.

I started the Brain and Spine Injury Law Blog several years ago to address topics relating to science, medicine and law. I began a podcast in 2010 to compliment the blog. I hope that the blog and podcast will be interesting and useful to readers.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Read this article featured in Discover about Lou Gehrig and the disease that bears his name:

That may seem a strange question, akin to asking who’s buried in Grant’s tomb. But a new study proposes that some athletes diagnosed with Lou Gehrig’s disease may in fact have a different fatal disease that is set off by concussions.

Researchers have previously investigated the link between athletes and this neurodegenerative disease, more technically known as amyotrophic lateral sclerosis (ALS). A recent study examined what seemed to be a higher than usual incidence of Lou Gehrig’s disease among soccer players, and, of course, the disease bears the name of a New York Yankee who was famously undaunted by the hard knocks of his sport. Though it’s impossible to determine now whether Lou Gehrig suffered from ALS or a different condition (Gehrig was cremated), the study’s lead author speculates that Lou Gehrig’s disease might be a misnomer:

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link