Massachusetts Personal Injury Blog

What is PTSD?

Many Massachusetts accident victims experience Post Traumatic Stress Disorder following a significant mental and/or physical injury.  The Florida personal injury firm of Perenich, Carroll, Perenich, Avril, Caulfield & Noyes, P.A has a great post on their website about PTSD, or Post Traumatic Stress Disorder.  Here it is:

"After the physical injury heals, after the surgery is completed, after the physical pain recedes, or even years after the funeral of a loved one the trauma victim often continues to suffer emotionally. Primary care doctors are becoming aware of the need to be sensitive to the patient who has posttraumatic stress disorder (PTSD).

PTSD has been defined as a psychological disorder affecting individuals who have experienced significant physical or emotional trauma and is characterized by recurrent flashbacks of the traumatic event, nightmares, eating disorders, anxiety, fatigue, forgetfulness, and social withdrawal.

Reviewing the current thinking of the medical community regarding this disabling condition may enable PTSD sufferers to obtain the help they need.

James Turnbull, MD,^[1] clinical professor of psychiatry and family practice at East Tennessee State University and medical director of Frontier Health Inc, talked about PTSD and grief as part of the American Academy of Family Physicians Annual Clinical Focus, Mental Health 2000.

Posttraumatic stress disorder (PTSD) is best known to most people as "battle fatigue" or "shell shock" from its early descriptions in military personnel. However, PTSD can occur in anyone who is subjected to a serious trauma. Individuals who experience trauma can suffer major short-term and long-term effects on their health.

Many develop a characteristic set of posttraumatic symptoms that can endure for years after the original trauma.

Patients with PTSD may simultaneously have other psychiatric diagnoses, changes in health behavior, unexplained physical symptoms, and stress-related health problems. Studies in community samples report lifetime prevalence of posttraumatic stress disorder (PTSD) ranging from 7.8% to 12.3% in the general population.

The wide range of symptoms and high levels of other related problems can obscure the presence of the underlying trauma and its consequences. This makes it difficult for a doctor to accurately diagnose and effectively manage these problems in their patients. In addition, many patients with posttraumatic syndromes are high utilizers of healthcare resources and may be more likely to seek care from medical professionals than from mental health professionals. Thus, this is an extremely important clinical topic for primary care physicians."

Medical Records, Medical Bills and Massachusetts Personal Injury Trials

In order for you, or your Massachusetts personal injury attorney to get your medical records and medical bills into evidence at trial, they must be certified pursuant to M.G.L. c. 233, 79G.  They must be sent via certified mail to the defense attorney representing the person you are suing.  After they have been sent to the defense attorney, the return receipt must be sent to the court to show that you sent the medicals to the defense attorney in advance of trial.  Remember, there are Rules of Evidence which dictate  how and when to introduce evidence at trial, and, more importantly, these rules must be followed very closely.

HAPPY HOLIDAYS!!!!

I wish all of my readers, both old and new, a wonderful and safe holiday season.  Oh yeah, don't be a bone head and drink and drive.  Be smart.  Enjoy. 

What Should I Do If I Have Been Involved In a Massachusetts Car Accident?

Here is an excellent answer to this common question provided by Perenich, Carroll, Perenich, Avril, Caulfield & Noyes, P.A., a Clearwater, FL personal injury law firm.  Here it is:

"Fortunately, most of us have not been involved in several car accidents. However, this means that we are unfamiliar with what we need to do immediately after a car accident. In order to protect your rights after a car accident, you should do the following:

•Obtain the names, addresses and phone numbers of all drivers involved in the car accident.

•Obtain each driver's car insurance company's name and policy number. Also, the telephone number of the insurance company would be helpful.

•Report the accident immediately to the police and your insurance company whether or not it was your fault.

•Cooperate with the police in preparing an accident report.

•Photograph the exterior and interior of the vehicles involved in the accident.

•See a physician if you are having any pain without delay. Unfortunately, most times the pain will not subside without some treatment.

•Get legal advice before filling out insurance documents or giving recorded statements to any insurance company (even your own insurance company) or meeting with any insurance company representative.

•Photograph your injuries. The bruises and cuts may heal; however, the tissue beneath the skin may not completely heal. Photographs of your bruises and cuts will support the magnitude of the injury.

•Gather all automobile insurance policies in your household for evaluation by an attorney. You may be entitled to insurance coverage for a separate insurance policy.

•Get legal advice before signing any check or document from any insurance company."

To All The Frustrated and Injured Massachusetts Auto Accident Victims Out There...

I offer you this eloquent and poignant post provided by Colorado Personal Injury Attorney Mac Hester over at the Colorado Trial Practice Blog:

You are injured. You are in pain. Your neck hurts and you have headaches. You are emotionally upset. You are depressed. You have lost time from work. You have lost wages. You have to miss more work to go to the doctor. You do not have health insurance. You are having trouble persuading doctors to provide medical treatment on a lien basis. You have unpaid medical bills. You are having trouble paying bills.

The collection agency is hounding you. You are having a difficult time physically doing your job. Your job difficulties are causing you stress. Your pain, stress and depression are causing problems with your spouse and children. You cannot do your usual household and family activities. You cannot lift your young children or play with them. You cannot participate in your usual hobbies and outdoor activities. Your social life is almost non-existent. You are having trouble sleeping. You are tired all the time. Your employer is outsourcing your department's jobs to a foreign country next month. You will be out of work. You worry about finding a new job. You will not be able to find a new job that pays as well as your current job or that has good fringe benefits. You may not be able to find a job at all.

Life as you knew it before the car crash is gone. Your life is pain and medicine and doctors and bills and worry. The careless driver who rear-ended you is not in pain and does not worry. He did not apologize. He did not pay for your medical bills and lost wages. He has minimum insurance coverage. He has low income and no assets. You don't have underinsured motorist coverage. The careless driver's insurance company refuses to pay your medical bills and lost wages. The careless driver's insurance company says that you are at fault for making a quick stop. You did not make a quick stop. You were at a complete stop. There are no witnesses. There is "only" $500 damage to your car. Almost no visible damage to your rear bumper.

Two attorneys have already rejected your case. The careless driver's insurance company says that your neck problems are due to a pre-existing degenerative condition. You have never had any neck symptoms, pain or problems prior to the crash. You are hanging on by sheer force of will. How long can you hang on?

What are you going to do? You are going to find an attorney who cares about you. An attorney who cares enough to fight for every penny of damages available. One who cares enough to fight to keep your money in your hands rather than lining the pockets of third parties who don't have a valid lien or claim on it. You are going to find an attorney who will give you a realistic assessment of the benefits and costs of negotiation, litigation, and trial, so that, at the end of the process, it probably will have been worth while to you and your family.

Massachusetts Personal Injury and the "Day in the Life Video"

Boston personal injury attorney Kenneth N. Margolin has a great post over at his blog which describes the effectiveness a "day in the life" video can bring to a catastrophic personal injury case.  Here is his post:

"When attorneys handle a case involving paralysis or other catastrophic injuries, one of the biggest challenges is effectively portraying their impact on the client's life. Words are powerful, but go only so far. One of the most effective tools available to the trial lawyer is the day in the life video. These videos show more dramatically than any verbal description, the difficulties posed by the routine movements of daily life, such as dressing, bathing and moving.

Not anybody with a camera will be a good videographer. The day in the life professional must balance visual candor with preserving the client's dignity. Jurors may react negatively, even subconsciously, if they are repulsed or embarrassed by what they see. I have used a day in the life photographer for a number of years who has learned this balance. Clients appreciate the respect with which she treats the most intimate details of their lives.

In one case I handled, a client who was paralyzed as a result of being dropped from a stretcher, needed to use a mechanical lift to move from her bed to a chair. The device looked like something from a medieval dungeon and the process was slow and difficult. The day in the life captured it far beyond words. This case settled in advance of trial, largely due to the day in the life video. In another case, of brain damage to an infant from a medication overdose, the day in the life video was essential to making the jury understand the limitations of the child's daily life.

The skill and experience of the photographer is essential. The video must usually be less than 30 minutes long and yet capture various tasks and movement taking place over the course of hours. Sometimes the photographer will need more than one session. Although it is not required, and some lawyers may disagree with the tactic, I generally send the other side the unedited version of the tape to prevent any objections that the editing was somehow deceptive. However used, the day in the life video is an essential tool in any case of devastating injury. "

Massachusetts Medical Malpractice Information

Usually, if you consult a Massachusetts medical malpractice attorney he/she will likely send your medical records to an impartial doctor to see if your treating doctor (the doctor you claim committed medical malpractice) deviated from the "standard of care."  If the reviewing doctor does see such a deviation, then your attorney(s) may take on your case and represent you.  These cases are tough and your attorney(s) needs to hear from an impartial doctor that your treating doctor may have deviated from the SOC. 

Great New Boston Personal Injury Blog

Boston attorney Jason Stone has created a blog entitled "Boston Personal Injury Law."  He is off to a great start on what looks like a great new blog offering information about Massachusetts personal injury law.  Check it out!

Effective Massachusetts Personal Injury Demand Letters

If you are handling your Massachusetts personal injury claim without an attorney, you will need to know how to write, and present, an effective demand letter to an insurance adjuster.  Here is a primer from  Nolo.com on this very topic:

"The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning:

• what your injuries were and are
• why the other person is legally responsible for your injuries
• what your medical treatment was and how much it cost
• what your income loss was
• what other damages you suffered.

Your letter should conclude with a demand on the insurance company for a lump sum to settle your entire claim."

Advice For Handling Your Massachusetts Personal Injury Claim

If you are representing yourself in connection with your Massachusetts personal injury claim, here is a great bit of advice provided by freeadvice.com:

"When you are first contacted, avoid volunteering information about the medical aspects of your case or statements that suggest you were at fault. Since you are not a medical expert, and may not explain things accurately, it is advisable for them to get information about your injuries and prognosis directly from the treating doctors or hospitals (or from an attorney if you have retained one). You will need to sign a release so the insurance company can legally obtain that information.

A personal injury attorney will know the difference between a serious issue and a minor one, and how the types of injuries and treatment impact the value of the case. Soft-tissue damage (i.e., sprained neck or ankle or back), for instance, may be looked upon by insurance companies as not very significant and yet can have a devastating impact on your life by causing ongoing pain and debility and limiting your normal activities.

You will need to know what parts of the policy to go after, and what to say to the insurance adjuster so you can get the best settlement. If you are handling the matter on your own, be aware that there may be a separate part of an insurance policy for medical pay that could provide you with some immediate cash for out of pocket expenses before a final settlement is reached."