Author: plumwd

Toyota Troubles

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Sudden acceleration and braking problems, what a crazy combination!  Aggressive accident lawyers and accident attorneys know that either one of these problems can cause highway accidents with semi tractor-trailers, motorcycle accidents, large truck crashes, crashes with drunk drivers, fatal accidents, trucking accidents, and all kinds of traffic accidents. Smart injury lawyers knows these car wrecks can result in severe injuries including spinal cord injuries resulting in paralysis including paraplegia and quadriplegia, brain injuries, back injuries, broken bones, burns, amputation and even wrongful death.  However the combination of unexpected acceleration and braking problems is likely to result in more traffic accidents and more severe injuries. 

Toyota is now voluntarily recalling at least ten models of cars with one or both of these problems.  This totals more than 8.5 million cars. This recall is prompted from statistics including at least 34 wrongful death accidents since the year 2000.  The National Highway Safety Administration has received more than 1000 complaints about the Prius in the last week.  It should be noted that of these 1000 complaints received, none have as yet been verified. 

One of the truly frightening aspects of this problem is that Toyota cannot reproduce the problems in trials.  This means that Toyota does not really know what is causing the problem.  Toyota has speculated that the acceleration issue might be caused by the electronics involved with the acceleration system.  Toyota has conducted its own testing and hired an outside consulting firm to try to understand the problem.  However their testing tends to support the idea that the problem is not in the electronic system supporting the acceleration system.  This begs an important question, if Toyota does not know what is causing the problem, then what are they doing to your car when you take it in for the recall?   Toyota is installing what they are referring to as a fix, but can it really be a fix if the problem is unknown? 

If you have a Toyota, please go to either Toyota’s website  or the National Highway Safety Administration  to see if it is the subject of a recall and if it is, what you need to do to protect yourself and your family.  The NHSA has issued the following information as of February 10, 2010: Toyota consumers should check the provided list of recalled vehicles and pay close attention to their vehicles. If you are experiencing any problems with your Toyota vehicle, park the vehicle in a safe place and immediately call your Toyota dealer or Toyota’s North American headquarters at 1-800-331-4331. 

If you have been in a collision with your Toyota, and were injured, and the care rapidly accelerated or the braking system failed, give John P. Young a call.  John can help you and your family work through all the issues you are now facing.

Hazards of Snow Shoveling

Posted on by plumwd

If you live in Indiana, you no doubt, especially this winter, have found yourself shoveling snow.  In terms of prevention of injury, it is important to be careful when shoveling snow, as it is hard work.  People who are not in good physical condition or who do not regularly exercise could strain their heart and cause potentially life-threatening injuries.  Shoveling heavy, wet snow can increase a person’s heart rate within two minutes to a dangerous level, and simply lifting a shovel-load of snow, which can weigh up to 20 pounds, can send blood pressure soaring, according to the American Heart Association.

Some tips to avoid this problem include:  slow down; stay warm; and take it easy.  Other shoveling tips include:  push, don’t lift, as this is easier on your back; keep your back straight and bend your knees when you do lift; take frequent breaks; drink plenty of water, tea or hot chocolate; dress in layers; and be careful of frostbite.

Why Does Everyone Say Trampolines are Dangerous?

Posted on by plumwd

When I was a child, I loved trampolines.  One of our favorite activities on the trampoline was the double bounce.  This is where two people on the trampoline bounce at the same time, usually one is larger than the other.  Eventually the larger person gets the trampoline extended down as far as it will go and then pulls their feet up fast and the one person gets launched twice as high.  Herein lies the real danger of the trampoline.  Many people think the only danger lies in falling off the trampoline.   Falls can cause injuries such as spinal cord injuries, brain injury, back injury, paralysis (either paraplegia, quadriplegia or just a single limb), and broken bones. That is why you see trampolines with the netting around them to prevent the user from flying off the trampoline.  This netting merely gives the user a false sense of safety.  The sense of safety is false because a very real danger still lurks on the trampoline.

The larger danger is the loss of body control where the body turns upside down.  This danger is especially high in the double bounce.  The danger also exits when the user is alone on the trampoline.  When the user is turned upside down, they are in danger of landing on their head.  You see, your head is supported on your body by a flimsy neck.  In most instances the neck is strong enough to resist pressures that will injure the spinal cord.  Unfortunately  the neck is not strong enough to resist the pressure of your full weight coming down on the unstable surface of the trampoline.  The neck bends beyond it tolerances, and the vertebrae break.  The spinal cord is then allowed to push out of its canal and can be pinched or severed by the neck recoiling back into position.  This kind of injury causes paralysis, and possibly wrongful death.

The trampoline can be as dangerous as a wreck with a drunk driver, or a tractor-trailer crash.   Follow these links to learn more about the dangers.

CNN – Health experts: Dangers of trampolines underestimated

AMERICAN ACADEMY OF PEDIATRICS –  trampolines should never be used in the home environment

If you have any other questions, or know someone who has been injured on a trampoline, Give John P. Young a call for a free consultation.

Brain Injury Support for Families

Posted on by plumwd

The number one cause of Brain Injury is trauma.  Trauma, which is blunt force directed at the body, can occur in many settings.  Good accident attorneys and injury lawyers know they can happen in a motorcycle accident, a highway accident with a semi tractor-trailer, a large truck accident, a wreck with a drunk driver, a truck crash, a construction accident, a fall, or even a battery.  Good accident lawyers and injury attorneys also know that the brain injured person, and their families need support and resources to help them recover from and or live with the effects of brain injury. 

The Brain Injury Association of Indiana (BIAI) was started by families who lived through the recovery process and wanted other families to have the benefit of their learning.   BIAI is a thriving organization operated by caring individuals who are dedicated to helping the brain injured, and their families to cope with the injury. What BIAI is all about can be summed up in their mission statement, Vision Statement and Core Values as stated on their website: 

Our Mission
The Brain Injury Association of Indiana is a nonprofit service organization comprised of people with brain injury, their families, and concerned stakeholders who are dedicated to creating a better future by reducing the incidence and effects of brain injury through public and professional education, advocacy, support, and by facilitating inter-agency commitment and collaboration. 
Our Vision Statement
We envision a reduction in the incidence and effects of brain injury in Indiana, and that people with brain injury and their families will be well served, understood, empowered, and supported to live full and meaningful lives.
 Our Core Values

1. We value and respect the dignity and worth of all people in a true spirit of inclusion.

2. We support prevention opportunities through research, education, and public awareness.

3. We believe that people with brain injury have the opportunity to live meaningful lives and have full participation in their communities.

4. We value and respect the importance of meaningful relationships by all people affected by brain injury.

5. We provide rapid, relevant, and accessible information.

6. We promote excellence, quality, and best practice in all fields.

7. We advocate for effective public policy.

8. We practice fiscal responsibility.

9. We respond to issues with integrity, courage, and ethical decision making.

10. We are committed to our values, beliefs, and principles.

 

                John P.  Young is a past Chair of the Board of Directors of BIAI.  John has represented hundreds of brain injured Hoosiers and their families.  John can help you too.  Call Him.

Truck Safety

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Good Accident Attorneys and Accident Lawyers have always known that safety is the purpose of tort law.  They know that truck crashes, semi tractor-trailer highway accidents, motorcycle accidents, automobile accidents, large truck crashes and construction accidents can have devastating effects on Hoosier families.  Those affects can be the loss of income and medical bills from injuries such as broken bones, spinal cord injuries resulting in paralysis such as paraplegia and quadriplegia, brain injury, burns, amputations and back injury.

The Federal Motor Carrier Safety Administration (FMCSA) knows that safety is crucial to the bottom line of companies and for the health of America’s working class.  The FMSCA has issued its opinions on safety.  The following is a part of its safety statistics.

Why “Safety is Good Business”?

Crashes are devastating in terms of fatalities and injuries, financial costs, damaged reputations, the inability to attract and retain good drivers, and general goodwill in the industry and community.

  • In 2005, there were 5,212 fatalities and 91,993 injuries from large truck crashes, and 335 fatalities and 14,283 injuries from bus crashes.
  • The average cost of a large truck crash involving a fatality is $3.6 million per crash.
  • A crash with injuries costs almost $200,000 per crash.
  • The average cost of all large truck crashes is about $91,000 per crash.

Young and Young keeps tabs on the publications of the FMSCA to keep pace with safety developments.  We do this to stay on the front line in our fight to promote safety.  We also do this because when the system fails in its initial purpose, i.e. accident and injury prevention, we have the tools and the evidence necessary to insure Hoosiers are properly compensated for the injuries caused by negligent persons.  I leave you now on an up note, Crashes are preventable.

The good news is that many crashes are preventable. For example:

  • In 1997, 22% of large truck fatal crashes involving more than one vehicle were speeding related (Speeding Study).
  • In 2003, about 2% of drivers with a commercial driver’s license (CDL) used controlled substances, and 0.2% used alcohol (0.04 or higher blood alcohol content) while performing their duties  (Drug and Alcohol Survey).
  • 5.5% of fatal truck crashes are caused by driver fatigue (Hours of Service News Release).  
  • A 2006 study found that only 59% of commercial motor vehicle (CMV) drivers wear safety belts. In 2005, of the 696 CMV drivers who died in truck crashes, 344 were not wearing safety belts (Safety Belt Studies).
  • Research has shown that there is a significant relationship between driver job change rate (turnover) and crash involvement (Driver Retention).

Is My Childs Moped Covered By My Homeowners Insurance Policy?

Posted on by plumwd

If you have a child who is lucky enough to have a moped or a four-wheel off road vehicle  (ATV) there are some things you need to know.  Sometimes the child will be injured, through the negligence of another while riding the moped or the off road vehicle.  Those injuries may include spinal cord injuries, brain injury, back injury, amputation, paralysis (either paraplegia, quadriplegia or just a single limb), broken bones, herniated discs, facial injuries and more. A good accident attorney or accident lawyer knows that these vehicles may not be covered on your homeowners policy or auto policy.   Here’s why, and what you need to do to protect your children.

The reason the vehicle may not be covered is because it may not be a listed vehicle on your auto insurance.  Most auto insurance policies require, if the vehicle is owned by you, it must be listed under the policy to be covered.   The first thing you need to know is that your insurance is a matter of contract.  In Indiana, generally, the Insurance companies are free to write into their contracts restrictions you would not know about or even imagine could be allowed in the contract.  So, the first thing you must do is read your contract of insurance.  If you do not feel comfortable doing this, you can pay a lawyer for an hour of his/her time to tell you what the contract means.  If you do not wish to pay a lawyer, you can sit down with your insurance agent and have them explain the coverage to you.  Be aware, however, that your agent, although well intentioned works for the insurance company and has no legal training.  So if you do ask your agent to explain the provisions of the policy, know that their advice may not be accurate.

A second measure for your protection is to inform your agent, in writing and keeping a copy for yourself, that you have a moped or other off road vehicle and you what to make sure it is covered under your homeowners policy, or your auto policy.  It will probably raise your rates a bit, but it is worth it to protect yourself and your children.

At Young and Young, we have over 55 years of experiences helping people recover the proper compensation for their injuries.  Please give us a call.

Can I Receive Social Security Disability and Unemployment Compensation at the Same Time?

Posted on by plumwd

You are an honest hard working Hoosier.  Unfortunately you have to travel today, and the roads are icy.  You are either in a wreck with a drunk driver, in a tractor-trailer crash, a highway accident, a truck crash, a large truck crash, or any kind of traffic accident, or you are in a construction accident.   Your injuries are severe, you might have had a limb amputated, or have a spinal injury resulting in paralysis, either paraplegia or quadriplegia, a back injury, a brain injury, or burns.  You go through the medical treatment and you get a little better, and try to get back to work.  You work a couple weeks, maybe a couple months, and then boom, out of nowhere, you are laid off.  The boss doesn’t tell you why, he mumbles something about costs, but doesn’t look you in the eye.  You start to look for work in the next week and you apply for and receive unemployment compensation.  You receive your 26 weeks of compensation, but no one will hire you.  Throughout the process of looking for a job, your body hurts, and you find that you cannot do what you used to be able to do, but you soldier on.  You tell each potential employer about your accident, and your injury, and the minute you do, they shut you down, and you do not get the job.  Eventually you get discouraged and apply for Social Security Disability.  After you apply, get turned down, appeal, and get turned down again, the Administrative Law Judge (ALJ), who conducts the hearing on your appeal tells you , in the hearing,  we will find you disabled, but we can only find you eligible for disability benefits after the date you last received unemployment benefits.  Now, is the ALJ correct, and if so, why is she correct?

Every qualified accident lawyer and accident attorney knows the Administrative Law Judge is correct.  You cannot receive Social Security Disability and unemployment compensation at the same time.  Why not?  The reason is quite simple.  In order to be eligible for unemployment compensation, you must swear that you are fit for work, and that you are actively seeking a job.  Then you have to show the unemployment office evidence that you are actually seeking a job.  The exact opposite is true when you apply for Social Security Title II disability benefits.  In that application you must swear that you are not fit for work and that your disability is likely to last more than 12 months. Now just because you can’t get both at the same time does not mean you can’t apply for both.  The two organizations will delay your social security disability benefits until the date you last received unemployment benefits.

John P. Young has been representing claimants before the Social Security Administration for more than 20 years.  John handles all his cases personally.  If you call John, he will either answer the phone or call you back when he is available.  John will sit down with you personally to discuss your case.  John will go to you to the hearing.  You will not have to work through an inexperienced paralegal.  Your benefits are too important to risk because your lawyer won’t talk to you.  Call John today.

Board Certified Accident Lawyer versus Superlawyer

Posted on by plumwd

If you are hurt in any kind of accident, be it a car wreck with a drunk driver, a highway accident with a semi tractor-trailer, a motorcycle-car accident, a trucking accident or a large truck crash, even a construction accident, you will want to hire the best accident attorney or the best injury attorney you can find.  Why you ask?  Simple, a serious injury such as a brain injury, a spinal cord injury leading to paralysis including paraplegia and quadriplegia, amputation, back injury, blindness, deafness and even wrongful death can put your family in economic danger.  Your accident attorney or injury attorney may be the only person who stands between you and financial ruin.

Do you choose a Superlawyer?  Well, to answer that question it is important to know how one becomes a Superlawyer.  It is a popularity contest.  It has nothing to do with qualifications.  There is no test, no background check, and no jury trial experience required.  I have actually received letters from substandard lawyers asking me to nominate them to be a Superlawyer.  I have also seen mass mailing letters from terrible lawyers asking me, and all the other lawyers in town, to vote for them as a Superlawyer.  I refused to do so because I knew they were not good lawyers, just someone who does not have the experience and knowledge to be a board certified lawyer.  Once these people get the Superlawyer label, they put it on their website as if it means anything.  I tell you now, we have two lawyers in this firm who have been named Superlawyers, but we don’t tell anyone that because we know it means nothing.  In fact the first thing that happens when you are named a Superlawyer is you get a call from the company that publishes the magazine asking you to take a full page ad to publicize the fact that you are a Superlawyer.  It is an advertising scheme, the magazine made up the label to make money and to fool the public, nothing more.

To become a Board Certified Trial Lawyer, a lawyer must meet rigorous standards. The public needs to know who is qualified to represent their interests when the injury is serious and the consequences important. Anyone can buy a title and put it in their advertising, but not everyone can pass the requirements to become Board Certified and that is what separates a good accident lawyer from Superlawyer.  That is why, when the injury is serious and your families well being is on the line, you need a Board Certified Trial Lawyer on your side.

A Board Certified Trial Attorney must do what doctors must do in order to qualify for the right to be called board certified.  We must have the proper experience, including conducting a minimum number of jury trials, conducting a minimum number of Court hearings, and conducting a minimum number of depositions (sworn statements taken under oath).  If you meet these minimum requirements (being a Superlawyer is not one of the requirements) you must go through a background check for criminal record and for disciplinary history.  If you are cleared by the background check, then you are eligible to take the exam for certification.  The exam is an eight hour exam covering topics relevant to your specialty.  In my case, as an accident and injury attorney, I was tested over injury law.  If you pass the exam, your EARN the right to be a Board Certified Trial Lawyer.  Your appointment must be renewed every five years.  In order to qualify, you must have a minimum number of jury trials and other legal experience to remain certified.

At Young and Young, John P. Young and Fred Crow have been Board Certified Trial Lawyers for nearly ten years.  The National Board of Legal Specialty Certification is accredited by the American Bar Association.  An experienced accident attorney is what you need, leave the Superlawyer to those whose injuries are not serious.

Is there any Help for Amputees and Para- or Quadriplegics?

Posted on by plumwd

You are in a car wreck with a drunk driver, or a motorcycle accident with a semi tractor-trailer, or a highway accident with a truck, a truck crash, a large truck crash, a construction accident, or traffic accident of any type.  You are injured.  The injury is either to your spinal cord or you have a leg or arm amputated.  If the injury is to your spinal cord you may be a paraplegic or quadriplegic.  While you are recovering, in the hospital, you contact a good accident attorney or accident lawyer.  Your lawyer will help you start the process of applying for Social Security Disability benefits.  The injury lawyer will contact the insurance company for the person whose negligence caused your injury.  If you are on Medicare, your injury attorney will contact Medicare per the requirements of the Medicare rules and regulations.  Your injury lawyer will conduct a thorough investigation into the facts of the trucking accident or construction accident, including contacting witnesses, and photographing the scene of the collision.  The next thing your lawyer should do is discuss with you your options for how best to deal with the loss of your limb(s) or the use of your limb(s).  This will include a discussion about a qualified rehabilitation hospital, outpatient therapies such as vocational rehab, physical rehab and others.  The discussion will turn to adaptive devices, such as a wheel chair, devices to help you eat, walk, dress and others.

Eventually the discussion should turn to the future of the assistive device.  The days of a wooden leg are gone, but the changes in the fields of assistive devices for the future will make the best devices of today seem like wooden legs.  I recommend anyone interested in the topic please pick up the January 2010 edition of the National Geographic Magazine.  The title of the article is Merging Man and Machine, The Bionic age.  The article, written by Josh Fischman, details the potential of many different devices which are revolutionizing the field of bionics and aid to those who have lost an arm or leg or have lost the use of their arms or legs.  The technology is much too complicated to explain in this short blog.  In a nutshell, scientists are tapping into the remaining nerves in the injured person’s body to communicate with robotic devices and move them as if they were the person’s own limb. Even more exciting is that the field is not limited to prosthetic arms or legs.  Scientists have implanted devices that help the deaf hear and the blind to see, using variations on this same technology.  One man, described in the article as having the use of his arms, but not below his wrist (i.e. he can move his arms but his hands do not work, was implanted with a device that allowed him to move his fingers.  This device lets the man eat and do some very basic activities of daily living.

To be sure, these technologies are not perfect, but the field of bionics is looking at Steve Austin, six million dollar man of 70’s television, as a possibility.  The real bionic person will not be superhuman, but may be able to feed and dress themselves, and do what the average person takes for granted.  What a giant leap forward this may well be.  If you have suffered an amputation or paralysis, call John P. Young, of Young and Young.  He has the experience to help you and the quite resolve to make your life better.

The Differences Between Medicare and Medicaid

Posted on by plumwd

People who are injured in truck accidents, semi tractor-trailer highway accidents, motorcycle accidents, construction accidents, car wrecks with drunk drivers and other automobile accidents often must rely on Medicaid or Medicare to pay the bills for their injuries.  It does not matter if the injury is a brain injury, a spinal cord injury resulting in paralysis, such as paraplegia or quadriplegia, back injury, blindness, amputation or even wrongful death.  Smart accident attorneys and accident lawyers know the difference between these two government sponsored health plans.

First, Medicare is a federal government program funded with federal government dollars.  Medicaid is a state run program which is funded in large part (upwards of 80%) by federal dollars.  The rest of the money is contributed by state funds.  All the money we are talking about come from tax dollars.  These two programs make up a large part of the debt you hear about on the news these days.  There is some concern about whether we can sustain these programs, but that is a discussion for another day.  What you need to know today is that these programs are functioning to assist lower income and disabled Americans pay their medical bills and obtain medical services.

Medicare is available to those who have reached retirement age or are receiving Social Security Disability. It is an entitlement program, meaning that if you are at retirement age, or on Social Security Disability, you are entitled to the benefits of the Medicare program.  Medicaid is a needs based program.  This means that you must have limited resources (money).  I believe the eligibility cap these days is less than $2,000.00 in assets.  Therefore you are only eligible for Medicaid if you meet these need requirements.

Each program has its own rules and regulations about what it will pay for.  You should visit the website of the Social Security Administration to find out the type and limit of those benefits.   You should visit your local state Medicaid office for information about Medicaid benefits.

If you are injured and these programs pay for your bills, but the cause of your injuries was the negligence of another person, and you recover compensation from that person, both programs are entitled to be repaid some or all of the money paid for your bills.  Smart injury attorneys know how to deal with and negotiate with these programs on your behalf.  John P. Young knows the ins and outs of how these programs work to help you pay your bills if you are injured in a car accident or a construction accident.  Please, give him a call.

Brain Injury and Divorce

Posted on by plumwd

Brain injury is a single problem with many facets.  Sometimes the changes brought on by the injury are very subtle, so that even the injured person does not recognize them.  Other times the brain injury is so severe that the injured person can no longer take care of themselves.   Sometimes the person can no longer multi-task (do many things at once), and sometimes the person loses energy.  There are many more problems caused by brain injury than we can talk about here.  However, one of the things that most people do not understand about brain injury is that it can change the interests and personality of the injured person.  If the injured person is married, this can affect the marriage.

In the winter volume of its quarterly publication of the TBI Challenge, the Brain Injury Association of America published some facts about the rate of divorce among couples when one of the partners suffers a brain injury.  The good news is that statistics show that overall the rate of divorce for couples where one of the partners has a brain injury is consistent with national norms.  The statistics do indicate that more severe the injury, the higher the rate of divorce.   Age seems to matter, those who were 60 or older, at the time of the injury, were more likely to stay together.  In addition for people married longer before the injury the rate of divorce after the injury goes down.

John believes the key is to know that a brain injury does have an impact on the injured person.  If the spouse realizes that some of the changes they are seeing in their spouse after the injury are caused by the injury, they increase their ability to deal with those changes and seek out assistance.  Marriage is important to our society.  This new research gives the brain injured community hope for the continued success of their marriages.

If you, or a loved one, have suffered a brain injury, call John, he has the experience to help.

If I get Social Security – What about My Children?

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I was asked by a client I represent before the Social Security Administration on their Social Security Disability claim, “what about my children?” You see, this client was in a highway accident with a semi tractor-trailer.  Regardless of how he got hurt, whether it be getting in a car crash with a drunk driver, or in a construction accident, or a motorcycle accident, or a truck crash, if you cannot work and your disability is likely to last 12 months or more, then you may well be eligible for Social Security Disability, also known as Title Two Disability.   In addition it does not matter if the injury is a brain injury, burns from electrocution, a back injury, a spinal cord injury resulting in paralysis including paraplegia or quadriplegia, blindness, neurological disorders or an amputation, if the injury prevents you from working and is likely to last more than 12 months, you may be eligible for Social Security Disability benefits.

If you are eligible for benefits then your minor children are also eligible for the benefits.  The money your children will receive is in addition to your benefits, not a part of your benefits.  In other words, your benefits will not be decreased because your children are eligible to receive benefits.  If you are divorced, and your ex-spouse has custody of the children, the benefits they receive can meet your total child support obligation.  You need to discuss this with your divorce lawyer.  Here is a helpful hint- If you are injured and can’t work and apply to the Social Security Administration for benefits, you should petition the court that has jurisdiction over your child support matters to hold your child support obligation in abeyance (you will still owe it but you will not be cited for contempt for not paying it while you are waiting to hear from the social security administration).  Then, once you get your benefits, you ask the court to accept the payment from the SSA of the children’s back benefits as payment of the child support for which you are past due, and ask the court to set your new monthly child support obligation as the same as the benefits the children are receiving.   Do not wait until after you get you benefits to make this move, it will be too late by then.

John P. Young has 21 years of experience before the Social Security Administration.  John will handle your claim and all your calls personally.  You will not be shuttled off to a paralegal.  John will personally appear at your hearing, he will not send an assistant.  Put John’s experience to work for you and your family today.

Do I have to Repay Medicare if I am Hurt in an Accident and Medicare Pays My Medical Bill?

Posted on by plumwd

Having Medicare at a time when you are injured in a car wreck with a drunk driver gives you great peace of mind. It does not have to be a traffic accident with a drunk driver, it could be a highway accident with a semi-tractor trailer, a truck accident with a motorcycle, or any kind of vehicle accident or truck crash.  It is unlikely to be a construction accident because most people who are on Medicare are either retired or disabled. As you know Medicare will pay for all types of traumatically caused injuries including spinal cord injuries resulting in paralysis including paraplegia, and quadriplegia, back injury, amputations, brain injury, electrocution, burns, and most serious personal injuries. Medicare will even pay for medical bills incurred if your injuries result in wrongful death.

Medicare, however, does not want to be responsible for the payment of medical bills if your injuries were caused by someone else’s negligence. Medicare wants the negligent person’s car insurance or liability insurance to be responsible for your injuries. After all, it was the person who was negligent that caused your injuries, and that person purchased insurance to cover them if they are negligent, therefore, the negligent person, and their insurance company should be responsible for compensating you. Fortunately, Medicare will pay your bills as they come due. You then, as the Medicare recipient, have certain duties to Medicare to repay Medicare for the amounts they paid for the bills you received because of the injuries caused by the negligent person. This duty is known, in the law, as the duty of SUBROGATION. It is not important to remember the name, but it is important to know that the duty exists, and if you do not repay Medicare at the time of your settlement, Medicare can pursue you later and recover the money they paid.

Smart accident attorneys and smart injury attorneys know the procedure for contacting Medicare to insure your Medicare obligations are met. This procedure starts with you completing a form which appoints your car accident lawyer or truck crash lawyer as your representative to Medicare for the purpose of negotiating your lien. This is handled through the Centers for Medicare and Medicaid Services (CMS). The actual paperwork is processed through the Medicare Secondary Payer Recovery Center (MSPRC). You can learn more about the process at www.msprc.info. The MSPRC requires you or your accident attorney to submit information about your injury, the person who caused it and that person’s insurance company. Medicare will then provide you with the amount of the medical bills they paid for your injury. Once you reach a settlement with the person who caused your injury, this information must be submitted to the MSPRC, and a final payment letter will be issued by them telling you how much you are obligated to repay.

At Young and Young, we have helped many, many clients work their way through the Medicare repayment maze. We are ready willing and able to assist you, and your loved ones and friends, when you are injured by the negligence of others. Please give us a call.

Spinal Cord Injury

Posted on by plumwd

Last night my good friend Bob died. Ten years ago Bob fell from a climbing tree stand and injured his spinal cord at the level in his neck that paralyzed him from just below his nipples down the rest of his body. He had movement of his arms, but he had no movement below his wrists. Although his injury was tragic, he was blessed in many ways. Bob’s wife Michelle stood by him to the end. She was his cheerleader, his nurse, his partner and friend. She put force in her promise, “For better or worse, in sickness and in health ‘til death do us part.” Bob had good insurance, which continued to pay his bills over the course of his life. Bob had a loving family who stood by him every step of the way. Just as important, if not the most important, Bob’s attitude towards his injury was acceptance of the injury, but a refusal to let his limitations stop him from living his life. Bob continued to work. Bob continued to be an active father in his children’s lives, coaching, counseling and nurturing. Bob spoke at all the area high schools warning the students about hunter safety and sharing his never quit point of view. I will miss Bob.

Another fighter who recently died of complication of his spinal cord injury was Spinal Cord Injury Hall of Fame member Teddy Pendergrass . Pendergrass was inducted in 2005 when NSCIA founded the SCI Hall of Fame to recognize and honor those making outstanding contributions to the quality of life for people living with spinal cord injury and disease.

As an accident attorney and injury attorney, I had the honor of representing Bob, and his family, in the case against the manufacturer of the tree stand from which he fell. Falls are only one cause of spinal cord injuries. The most common causes of spinal cord injury are: motor vehicle accidents (accounting for approximately 50 percent of new injuries), falls (24 percent), violent encounters (11 percent), sports injuries (9 percent), and disease (statistics from the Mayo Clinic). At Young and Young, for over fifty-five years, we have represented families dealing with the effects of spinal cord injuries. We have represented the spinal cord injury whether it was from a car wreck with a drunk driver, a highway accident with a semi tractor-trailer, a truck crash or trucking accident, a motorcycle accident, any kind of traffic accident, or construction accident.

There are different types of effects from spinal cord injuries, depending on where in the body the spinal cord injury occurs. If the injury to the Spinal cord is lower in the spine, the effect may be paraparesis or the partial paralysis of the legs or lower part of the body, or paraplegia or the complete paralysis of the legs and lower body. If the injury is higher up in the spinal cord, such as in the neck the effects can be wrongful death if it is very high in the neck, quadriparesis which is the partial paralysis of the trunk of the body and the arms and legs, or quadriplegia which is the complete paralysis of the trunk of the body and the arms and legs.

We recommend that anyone dealing with the effects of spinal cord injury, or who has a loved one dealing with the effects of spinal cord injury, visit the National Spinal Cord Injury Association, (NSCIA).   A huge part of coping with spinal cord injury is knowing that you are not alone. There are many, many resources out there to help you. The assistance ranges from adaptive devices to multiple therapies to vocational rehabilitation.

Why are Semi-Tractor Trailer Accidents so Dangerous?

Posted on by plumwd

You are driving along the interstate highway system.  You are in the right hand lane, travelling at the posted speed limit.  You know there is a semi tractor trailer gaining on you, but you are not worried because the left hand passing lane is empty, giving the semi tractor trailer truck a lot of room to pass you.  You see the truck starts to move out of your lane and into the passing lane.  You think little of this, it happens all the time.  Just as you are being passed, POW, in the rear of your car, an explosion which deafens you and sends your car out of control.  The craziness slowly stops and you realize, the truck behind the semi tractor trailer has hit you in the  rear.

You might say I am making this up, but I am not.  This is exactly what happened to one of my clients.  Collisions with semi tractor trailer trucks are often the most catastrophic of highway accidents.  We are tempted to think the car wreck caused by the drunk driver is the most common of road accidents.  However the Federal Motor Carrier Safety Administration (FMCSA) see this a little differently. The data  collected indicates these types of highway accidents occur frequently, with frightening consequences.  I have placed a link in this blog to the FMCSA 2008 report and crash facts for these types of collisions so you can see for yourself:  2008 preliminary report for deaths and injuries involving large trucks and buses,  Large Truck and Bus Crash Facts 2008.

 

These studies discuss the numbers of automobile accidents, the number of wrongful death accidents and the number of injury accidents.  These injuries range from spinal cord injuries, back injuries, paraplegia, quadriplegia, brain injury, burns, and paralysis.  Efforts to increase roadway safety has lead to an overall decrease in the number of wrongful death in semi tractor-trailer crashes.

At Young and Young, we have more than fifty five years of experience helping Hoosiers deal with the devastating effects of truck accidents, motorcycle collisions, and all types of traffic accidents.  We are accident attorneys and injury attorneys on the side of the people.  This is all we do.  We do not represent insurance companies, we work for those who cannot work for themselves. Please call us when you are in need.  We can help.

Texting and Driving

Posted on by plumwd

Semi tractor Trailers are huge powerful engines driving our economy.  We depend on them for the abundance that is the American way of life.  Other trucks join in making us the envy of the world. However, because of their size, when they collide with a passenger car in a highway accident, the results can be horrific.  Wrongful death is common.  Brain injuries and spinal cord injuries happen frequently, injuries resulting in paralysis, including quadriplegia and paraplegia, change people’s lives. Burns and back injuries are also common.

A recent trend is helping to raise accident rates across the country – texting and driving.  You see it all the time, a car swerving, and you wonder what’s going on until you pull up to see if you can help and there is a person with one hand on the wheel and a phone in the other with the driver looking up and down constantly, paying almost no attention to the road.  I see this on the highways.  Talk about a recipe for a disastrous highway accident.  In fact statistics show that texting while driving has a similar impact on the drivers ability to control their car as a drinking and driving. Here is a startling fact issued by the Federal Motor Carrier Safety Administration, drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road.

To deal with this problem there has been a movement in both state and federal legislation to prohibit texting and driving. The United States Department of Transportation passed regulations last week designed to prohibit bus drivers and truck drivers from sending text messages while operating a commercial vehicle.  These rules apply to trucks and buses on the highway, with a weight of more than 10,000 pounds. The penalty for violating these rules is a fine up to $2,750.00.

Smart accident attorneys and injury attorneys know that there is likely no way for the government to enforce these rules and regulations.  Although I hope these rules and regulations help, I still think the best way to avoid a road accident or a highway accident, is to not be texting yourself.   This allows you to keep your eyes on the road, and to look out for other drivers who are not paying attention to the road.  Please, parents have this discussion with your children – tell them not to text and drive.  Tell them to keep an eye out for others not paying attention to the road.

If you want to learn more about highway safety, contact young and Young.  If you have been injured by a texting truck or bus driver, or even a person texting in a passenger car, please call Young and Young for a free consultation.  We will meet in our office or in your home or hospital room.  We have 55 years of experience to help you and your family.

Do I need a Will if I Die As A Result Of Negligence?

Posted on by plumwd

If you are killed as a result of someone’s negligence, what happens to your will?  The first thing you need to know is that if you die, and you have a will, an estate will be opened to administer your estate.  This means that your Will is filed with the Court in the county where you lived and died.  A person is appointed as an administrator.  The administrator collects your assets, accounts for those assets, protects for those assets, pays your debts due after you die, pays all taxes due, and then distributes the assets to the persons you identified in your will.

If you die as a result of someone else’s negligence, such as in a car wreck with a drunk driver, a highway accident with a semi tractor trailer, a motorcycle accident, a construction accident, you are electrocuted, or burned or in any type of automobile accident, and you have a will, the process is the same as described in the first paragraph.

However, a second estate may be opened as well.  This is called a wrongful death estate.  It is not really an estate at all.  Along time ago, if you died as a result of another person’s negligence, your there was no compensation (remember, compensation simply means “to make up for") for the harm caused to your family.  This meant that if you died and you were the sole bread winner in your house, your spouse and children would be on their own. Most families fell into poverty and worse.  Hoosiers saw a huge problem with this and passed the Indiana Wrongful death statutes.  The legislature knew that a deceased person could not bring the claim in their own name (deceased people cannot legally do anything, for obvious reasons), so they had to come up with an entity which could bring the claim.  They settled on what they called a "Wrongful Death Estate" or WDE.  This works well, but it is a little confusing.  It is confusing because the WDE does not change how the estate described in paragraph one works.  The funds which are paid in compensation for the wrongful death do not become part of the regular estate.  The wrongful death statutes describe how the funds generated by the WDE claim are distributed.  Usually the funds are for the surviving spouse and dependent children, to make up for the loss these folks endure as a result of the wrongful death.

At Young and Young, we have more than fifty five years of experience helping families who have to deal with the tragedy of losing a loved one.  We have read and used the Indiana Wrongful Death Statutes to help families survive the economic hardships caused by losing a loved one.  Please call us today.

What Do I Do If A Loved One Dies in an Accident?

Posted on by plumwd

If you are reading this because you need information about wrongful death, our family extends our sympathy for your loss.  We know firsthand the angst, sorrow, and numbing grief you are dealing with and we pray for your strength in the face of this tragedy.

The first things you need to take care of are the arrangements for funeral and burial.  It is always helpful to allow a family member or friend to accompany you to make these arrangements.  You are in grief, and it is almost impossible to concentrate in this state of mourning.  Having a friend or family member who is not as directly involved is always helpful.  The first three to four days will be a blur and our ceremonies and traditions help us cope with the loss.

In the days following the death, it is important to find the will and seek the advice of a probate lawyer to help administer the estate assets.  A Probate lawyer is a lawyer who specializes in handling wills and estates.  You should look for life insurance policies and make contact with the insurance companies so that you can fill out the “Proof of Loss” forms all insurance companies require.  Don’t forget to check with your health insurance company and credit card issuers, often times these entities will have small life insurance policies attached to them.  You car loan may also have a life insurance policy attached to it which will pay off the loan, the same goes for your mortgage, so check with each of these folks.

If the death was caused by the negligence of another person, it is called “Wrongful Death”.  It does not matter if the death was caused by a car wreck with a drunk driver, a semi tractor trailer in a highway accident, a motorcycle road accident, any kind of traffic accident, a construction accident, burns or electrocution. Indiana has three statutes dealing with the wrongful death of a loved one.  One statute deals with the death of an adult with dependents (spouse, child or financially dependent person), wrongful death of an adult without dependents, and wrongful death of a child (one who is under the age of 20, or 23 if the child is a full time student).  The statutes can be found at I.C. 34-23-1-1, I.C. 34-23-1-2, and I.C. 34-23-2-1.  We will go into the specifics of each statute in later blogs.

As we have stated in earlier blogs, an immediate and thorough investigation into the facts of the fatal accident should be conducted as soon as is practical.  A competent car accident attorney or accident lawyer will be able to handle the investigation for you, relieving you of that stress, so you can focus on your family.  At Young and Young, we have been asked to perform these services for hundreds of Hoosier families.  We have the resources and the experience to do what needs to be done to help you in this awful time.

What if I am Hurt in an Accident and My Doctor Commits Malpractice While Treating Me?

Posted on by plumwd

You are in an accident.  It does not matter how the accident happened.  It could be that you were in a car wreck with a drunk driver.  It could be you fell in a construction accident.  You might have had a highway accident with a semi tractor trailer. You might have been in a road accident while riding your motorcycle.  It does not matter if it was a traffic accident or a slip and fall, or you were electrocuted with burns, you are injured.  Your injury might include a brain injury, or a back injury with spinal cord injury, which causes you to become paralyzed as either a paraplegic or a quadriplegic.  If you are hurt and it is someone else’s fault, you are going to need medical care and treatment.

Most doctors do excellent work. As a result the injured person recovers as best they can and gets back to life as best they can.  Every so often, however, the doctor treating the patient makes a medical error, also called malpractice.  Remember, malpractice does not mean the doctor meant to cause the harm.  It simply means the doctor was negligent in providing medical care.  Doctors are human, and they make medical mistakes.  If they do make a medical mistake, they must do what your mother taught you and what their mothers taught them, they must make up for the harm they caused.  They do this by having insurance.  Don’t worry about their rates going up.  Indiana passed medical malpractice tort reform back in the seventies.  The doctors are protected by the malpractice act which caps recoveries for the people they injure at 1.25 million dollars.  This might seem like a lot, but a child who suffers permanent injury is going spend 5 or 6 times that amount in medical care over their life time.  Instead of the person who caused the problem making up for the harm they cause, we as tax payers have to make up for the harm they cause through Medicare and Medicaid.

If your doctor makes a medical mistake while treating you for injuries caused by another person in an accident, the person who caused the original injuries is responsible for making up for the additional harm caused by the doctor.  The other driver does this through their insurance.  The injured person can also bring a claim against the doctor as well, asking the doctor to make up for the additional harm he caused.  The reason for the first rule I discussed (the person who caused the accident is responsible for all the harm that is caused by the accident) is to make sure that the injured person receives full and fair compensation.  The reason the injured person can also bring a claim against the doctor is because the driver that originally caused the harm may not have enough insurance to pay for the harm the doctor caused.  Do not worry about the injured person obtaining a double recovery.  This is not allowed under Indiana law.

Competent and careful accident lawyers and accident attorneys know the rules about how and when to bring a claim against the person who caused the accident and the doctor who made a medical mistake.  Young and Young, as injury lawyers for more than 55 years, are qualified to help you with your claim.  Call us today.

If I am Injured in a Highway Accident, is Social Security Disability Possible?

Posted on by plumwd

Every qualified injury attorney or accident lawyer knows that if their client is injured, the injuries may be permanent, or at the very least, likely to last more than twelve months. Some of these types of injuries include spine injuries and back injuries which cause paralysis, either paraplegia or quadriplegia.  Brain injury can be quite debilitating, as can severe burns from electrocution, or amputation of a limb.  Blindness is permanent, and loss of hearing is as well.  It makes no difference whether these injuries were caused by a car wreck with a drunk driver, a highway accident with a semi tractor trailer, a motorcycle accident, a truck accident, or a construction accident.

The Social Security Disability rules and regulations will grant a person disability benefits if that person’s injuries are expected to last more than twelve months.  The injuries do not have to be permanent.  Thus, if the injured person is unable to work for twenty four months, but then is able to return to work in the twenty fifth month, that person is entitled to Social Security Disability Benefits for those twenty four months.  Remember, the injuries must also be severe enough to meet the social security regulations (please see previous blogs for a discussion on how the SSA determines if a person’s injuries are severe enough to merit disability).  It must be noted that the first five months of every period of disability is eliminated from eligibility for benefits.  So in our above example, the person who is entitled to 24 months of benefits will receive only 19 months of benefits because the first five months are not eligible for payment.

If the injured person receives fair compensation for the injuries they receive in the traffic accident or the construction accident, that money does not affect the injured person’s eligibility for Title Two Disability benefits.  If the injured person has not worked five out of the ten years prior to their road accident or construction accident, they may only be entitled to Title Sixteen Supplemental Security Benefits (SSI).  If this is so, then the amount of money received as compensation for their injuries may affect how much money that person is entitled to receive in SSI benefits.

Finally, if the injured person was working when they were in the traffic accident, or in the construction accident, they may be entitled to workers compensation benefits.  If so there are two sets of consequences if the person receives compensation from the negligent person’s insurance company.  The injured person must repay, out of their compensation from the negligent person’s insurance company, 2/3rds of the amount the workers compensation carrier paid.  This is called subrogation.  In addition, your social security benefits will be reduced by a proportion of the amount you received from the worker’s compensation insurance carrier.

Each situation is factually different, so if you have a situation where you think your injury from being in a highway accident with a drunk driver driving a semi tractor trailer involves issues of workers compensation and social security, give us a call.  At Young and Young we have helped thousands of Hoosiers sort through these issues to make their lives less complicated. We look forward to hearing from you.

NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.

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