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Articles Posted in Injuries to Children

If you’ve been injured in a car wreck or because of someone else’s negligence, it’s important to seek medical attention as soon as possible, rather than to “tough it out” and endure the pain in hopes it will go away.  If you’re lucky, the pain will go away, and you can go on with your life.  However, if you’re injured and allow a significant amount of time to pass between the car wreck and your first medical treatment, this will make it difficult to prove that your injuries were caused by the accident.

stockfresh_9952868_patient-showing-sore-shoulder-to-doctor-at-clinic_sizeM-300x197Likewise, if you’ve been injured and a doctor prescribes treatment or refers you to a specialist for testing or treatment, it is important to follow the doctor’s orders.  If you don’t, the defendant can argue that you are aggravating your injuries, and it will be more difficult to receive payment from the negligent party for those injuries.  In the North Carolina case Holtman v. Reese, 119 N.C. App. 747, 751 (1995), the plaintiff failed to follow the doctor’s orders to avoid high impact activities like snow skiing and water skiing.  Because the plaintiff failed to follow his doctor’s orders, the court determined that the “avoidable consequence doctrine allows the jury to relieve the defendant of responsibility for the consequences of an injury to the extent that it finds that the plaintiff acted unreasonably and thereby enhanced his or her damages.”  In other words, if a doctor tells you to stop putting weight on your sprained left ankle for 6 weeks and you fracture your left ankle two weeks later at the grocery store because you failed to listen to your doctor, the defendant is not going to pay for any treatment for your fractured ankle because you could have avoided the additional injury if you followed your doctor’s advice.

Doctors Usually Document Compliance

When your attorney presents the extent of your injuries to a jury, they rely on the medical records and notes created by your doctors. Doctors are very likely to document when you fail to follow their advice because they need to track how their treatment affects your improvement.  The defendant in your case will undoubtedly use these records to show that they are not responsible for the injuries that you could have avoided if you had listened to your doctor. Continue Reading

Whiplash is a term we all have heard, but what exactly does it mean?

Whiplash is a neck injury that results from your head moving backward and then forward very fast, much like the action of the cracking of a “whip.” Whiplash is very common with a rear-end car accident. Sometimes doctors will also refer to a whiplash injury as a neck sprain or strain.

Symptoms many times include neck pain, shoulder/upper back/arm pain, loss of range of motion in your neck (meaning you can’t turn your head as far as you could before), headaches (typically starting at the base of the head) and tingling in the arms. More rare symptoms include blurred vision, ringing in the ears, irritability, sleeplessness, and memory problems.stockfresh_5272973_x-ray-image-of-neck_sizeS-219x300

If you think you might have whiplash injury or any other injury because of a car wreck, it is best to go to a doctor or hospital immediately and be examined. A big mistake many injured people make is not seeing a doctor if they are in pain. If you are in pain and do not go to a doctor, the insurance company will not believe you are in pain. The attorneys at Grimes Teich Anderson are experienced in handling all types of car accident injuries, including whiplash.

When you go to the doctor because of your whiplash injury, your exam typically will include answering a series of questions regarding your symptoms and a physical exam, including the doctor touching your neck to check for swelling, tightness, and range of motion. Sometime X-rays will be taken to rule out any fractures.  Be sure to give your doctor all the information you have about your injury and symptoms, and if you don’t remember something, just say that you don’t remember.

Whiplash is often initially treated with anti-inflammatory medications like ibuprofen, pain medication, or muscle relaxers, ice or heat, and rest. If the pain is not resolved, your medical provider might recommend chiropractic care, massage, home exercises, or even physical therapy. Be sure to follow all your doctor’s advice and keep all your appointments. By missing doctor’s appointments, you are telling the doctor, and the insurance company that you don’t hurt and your injury is not important. Continue Reading

Road accident crash damaged car or wreck broken vehicle with used airbag

If you are a passenger in a car accident, it can be a confusing and stressful situation, especially if you are seriously hurt. You know the accident was not your fault, but whose insurance coverage is responsible for paying for your medical bills and other expenses you incur because of the crash?

Filing a Claim Against the Driver’s Insurance

The summer months are peak vacation time. This means that more tourists are in town, and more pedestrians and cyclists can be seen on crosswalks, sidewalks, and bike lanes. According to the U.S. Department of Transportation, nearly 54% of car accidents happen during the spring and summer months. Pedestrian and bicyclist fatalities amount to about 16 percent of all traffic fatalities.

Some of the most catastrophic types of traffic accidents happen when a motorist hits a pedestrian or a bicycle. Without the protection of being in a car, a pedestrian or a cyclist can easily suffer devastating injuries in a crash.

Bike Traffic Laws

As a parent, selecting the right car seat is one of the most important purchases you will make for your child. Choosing the right seat for your vehicle and your child’s age and size is critical to protecting them from harm in the event of a collision.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), child restraint systems saved the lives of 6,567 children from 1975-2002. A secure and properly installed car seat can make all the difference when it comes to protecting your child from harm when you are in a collision while they are in the vehicle.

The following are some helpful tips for selecting the right car seat for your child.

  1. Read Your Owner’s Manual

There are many different types of car seats on the market made by different manufacturers. Be sure to read your vehicle’s owner’s manual to find out how car seats may be installed. Some vehicles have lower anchors and tethers, while others require installation using the seat belt. Continue Reading

If you are shopping for a Christmas gift for a child this holiday season, remember that safety should be a top priority. While toys may appear to be safe, some are not properly labeled or tested and may pose serious health risks.

Fortunately, watchdog groups like the U.S. Public Interest Research Group (PIRG) have taken the time to research the most popular toys this year. They recently released their “Trouble in Toyland” report, warning consumers about potentially dangerous toys and other gifts for kids.

Over the past three decades, U.S. PIRG reports have led to more than 150 recalls of potentially dangerous toys, and its public awareness campaigns have helped lawmakers and consumers alike realize the dangers of these defective products. For 2017, the group’s attention focused on the newest and biggest threats that these products pose to children today, including: Continue Reading

While different states have different laws regarding school bus safety, nearly every state has laws in place to penalize drivers who fail to exercise caution when driving behind or passing school buses.

In North Carolina, for example, drivers are required to stop when a school bus turns on its flashing red lights or displays its mechanical stop sign. The driver must not attempt to pass the bus until the sign has been withdrawn, the lights have been turned off and the bus has proceeded along its route.

If you are on a “divided highway with four lanes or more with a median separation or a center turning lane: When school bus stops for passengers, only traffic following the bus must stop” according to the National Association of State Directors of Pupil Transportation Services (NASDPTS).

Violations of these laws are serious. Drivers can expect fines and repeated offenses can lead to a suspension of a driver’s license.

North Carolina’s New School Bus Camera Law

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National Childhood Injury Prevention Week happens in September.  It’s a time when parents in North Carolina, South Carolina and across the U.S. help raise awareness about preventable accidents that result in injury and death to children each year.

According to the Centers for Disease Control and Prevention (CDC), more than 9.2 million people from ages 0-19 are treated in emergency departments for nonfatal injuries, while another 12,000 die from “unintentional injuries” each year.

The leading causes of these “unintentional injuries” are pedestrian/traffic accidents, drowning, falls, and burns. For children under 1 year of age, suffocation was the leading cause of death, while drowning was the most likely cause for children 1 to 4 years of age. From 4 to 19, more children were killed as the result of being an occupant in a motor vehicle crash than any other cause of death.

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As “man’s best friend,” dogs are known for their friendly, devoted nature and their willingness to protect those they love. At the same time, the gentlest dog can get aggressive under certain circumstances, and can end up biting or attacking strangers, acquaintances or even those they know well.

At Grimes Teich Anderson, LLP, animal attacks are one of the many types of cases we handle. We understand the serious injuries and potential scarring these attacks can cause. In many cases, it is possible to get compensation for your damages through a homeowner’s insurance claim against the dog owner’s policy, avoiding the need for any further legal action.

Dog Bite Injuries

According to the American Association of Family Physicians (AAFP), as many as 4 million people are bitten by dogs each year in the U.S. More than 800,000 dog bite injuries are serious enough as to require medical treatment.

Over half of the dogs involved in these attacks were owned by family members, friends, and neighbors. A significant percent of the victims in these cases are children.

Even if you are familiar with a dog, there are certain situations in which they could attack. Dog bite injuries are more likely to happen if the dog is sick or feels threatened, and a get together with friends or neighbors involving music and lots of noise could be enough of a trigger.

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Following a major medical operation, you may have had an inferior vena cava filter (IVC filter) inserted into your chest. This filter is inserted in a patient’s inferior vena cava, the large vein that carries deoxygenated blood from the lower body to the heart.

In theory, this medical device was designed to help reduce the risk of dangerous post-operative blood clots. Yet, tragically IVC filters have proven to be dangerous and defective medical devices. Indeed, more than two dozen deaths have been directly linked to IVC filters, as reported by NBC News.

The FDA Recommends the Removal of IVC Filters

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