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Many veterans suffer traumatic brain injuries while engaged in active duty service, which can leave them with permanent cognitive deficits. Unfortunately, their struggles rarely end there. Veterans with service-related traumatic brain injuries often encounter obstacles in securing treatment and VA disability benefits.
With new amendments to the National Defense Authorization Act, legislators in the House of Representatives hope to alleviate these issues. Additionally, these amendments address underlying factors that cause TBIs and lead to poor health outcomes among veterans with brain injuries.
At Werner, Hoffman, Greig & Garcia, we are focused on helping veterans with service-connected traumatic brain injuries obtain the VA disability benefits they deserve following a denial.
Our VA disability appeals attorneys will leverage our experience and resources to help you navigate your appeal. Filing an appeal for a traumatic brain injury veterans disability claim can be tricky, but not impossible. Schedule a free consultation with us by calling (800) 320-HELP or submitting a contact form online.
The House of Representatives recently passed new amendments to the National Defense Authorization Act, or NDAA, with full support. Congressman Bill Pascrell, Jr., the co-founder of the Congressional Brain Injury Task Force, passed four separate amendments to the NDAA. These amendments include new ways of identifying, treating, and researching injuries related to blast exposure or blast overpressure.
The Pentagon will evaluate TBI prevention provisions like the requirement for new safety parameters surrounding blast exposure. Additionally, it will assess the amendments’ training requirements regarding traumatic brain injury symptoms and blast exposure for service members. Finally, the Pentagon will review the direction to find a way to modify weapons to cause fewer blast injuries.
Veterans with severe service-related conditions, like traumatic brain injuries, often file VA disability claims. The benefits they receive help them afford the costs of treatment and rehabilitation. However, many veterans face additional obstacles accessing rehabilitation programs for TBIs due to limited availability and caps on services.
In recognition of these challenges, Representative Pascrell’s TBI amendments include the following demands:
“Pascrell Amendment #1: Would require the Department of Defense to conduct a study to determine the feasibility of eliminating outpatient rehabilitation therapy maximums for active-duty service members who suffered a traumatic brain injury.”
“Pascrell/Bacon (NE) Amendment #2: Requires the Department of Defense to conduct a study to analyze the feasibility of recognizing non-governmental accreditation bodies for brain injury treatment programs for active-duty service members that sustained a brain injury.”
Additionally, Pascrell says the purpose of the new NDAA amendments is to address how the military manages traumatic brain injuries. The goal is to improve treatment outcomes. Earlier identification of TBIs can also help veterans establish a service connection so they can qualify for VA disability benefits.
Here are summaries of the additional amendments:
“Pascrell Amendment #3: Requires the Department of Defense to develop a Traumatic Brain Injury Oversight Strategy and Action Plan to standardize identification, treatment, tracking, monitoring, and referral guidelines for TBI programs across all military branches.
The Plan must include a standardized system of monitoring and care to include a 72-hour post-injury exam and protocols, data collection, and reporting guidelines.”
“Pascrell/Wilson (SC) Amendment #4: Requires the Department of Defense to conduct a study on the enhancement of diagnostic screening tools for TBI. The study should identify definitive point-of-injury solutions for TBI testing.
The study should address DOD’s ability to rapidly and accurately assess brain injury and its severity with point-of-injury technology, greatly enhancing the health, survival, and long-term medical issues of service members and veterans. The study should address the impact of how accurate TBI diagnostic tools would improve military readiness and address the concern for a growing medical burden.”
Establishing a standardized treatment program and policy would be a huge support for veterans suffering from traumatic brain injuries. Additionally, the amendments could help veterans with traumatic brain injuries seek compensation from the VA for service-related conditions.
That being said, the timeline of the VA disability claims process can still be daunting. Veterans who want to learn more about seeking compensation for service-connected conditions like traumatic brain injuries should reach out to our team at Werner, Hoffman, Greig and Garcia for support. When you have received a VA denial, we are the team you want by your side.
It’s in your best interest to have a veterans benefits lawyer representing your appeal to maximize compensation and avoid delays. Schedule a free consultation with us by calling (800) 320-HELP or submitting a contact form online.
Product liability claims are personal injury claims that involve poorly designed and negligently manufactured products. When a defective device malfunctions, it can cause severe injuries even when used correctly.
One type of defective product that can cause a person significant damages and injuries is a defective medical device. Many people experience health issues that require the assistance of a medical device. However, a defective medical device cannot provide necessary services and can cause other health problems.
The at-fault parties can include a product designer, manufacturer, or healthcare professional. If their negligence leads to a person suffering damages from a defective medical device, they may be liable. Defective medical device victims can file product liability claims to hold these parties accountable for harm from these dangerous products.
WHG is a reputable, nationwide personal injury law firm specializing in defective medical device lawsuits. To schedule a free consultation with a capable product liability attorney, call (800) 320-HELP or contact us online today.
A defective medical device is a faulty piece of medical equipment that causes harm rather than treats it. Many people who suffer debilitating physical injuries require medical devices like metal hip replacements, defibrillators, knee replacements, CPAP machines, and hernia mesh products.
These medical devices should help a person with a body part that cannot function after a physical injury or assist with internal injuries. Instead, a defective medical device can malfunction, cause harm, and result in further injuries and medical conditions that can negatively affect a person’s life.
According to the Federal Drug Administration (FDA), about 1.7 million injuries and 83,000 deaths resulted from defective medical devices between 2008 and 2018. Defective medical devices can cause significant health problems like infections, nerve damage, organ loss, and bone fractures.
If you suffered a medical issue from a defective medical device, you could file a product liability claim to hold the at-fault party accountable. One party that could be held liable in a defective medical device claim is the designer of a defective product.
It’s the designer’s job to craft a plan for manufacturing a safe product that can work as intended and does not have design defects. This means the product can function as the consumer assumes it will and does not cause harm.
A product designer can be held liable in a defective medical device claim when the design of a medical device exposes a consumer to harm. This can occur because the materials used can cause a harmful reaction, the blueprint for the device is unsafe, or the product’s design can lead to it breaking down easily.
People can also suffer harm from defective medical devices because of manufacturing defects. In this case, the manufacturer can be held liable for damages. A manufacturing defect is when the manufacturer makes a mistake that deviates from the safe design of the product.
This can include using the wrong materials, not following the blueprint properly, incorrectly installing parts, and using harmful chemicals to create a product. Consequently, these manufacturing mistakes can expose someone to harm. They can make the product not work properly, break down easily, or cause bodily harm through harmful chemicals or materials.
Medical conditions and illnesses can result from the manufacturer’s negligence, which means they can be liable in a product liability claim. A personal injury lawyer can help you gather the evidence you need to demonstrate the manufacturer’s liability.
Healthcare professionals can also share liability for damages caused by a defective medical device. It’s their job to ensure they provide their patients with the best possible medical aid, which involves recommending safe products for those needing medical devices.
Failing to ensure they provide safe medical devices can qualify as medical malpractice. Medical malpractice is when a healthcare professional causes harm to a patient through a negligent action. Additionally, there are rare circumstances where hospitals and other medical facilities can also share liability. That type of situation is highly unusual and could require a lengthy claims process.
Defective medical devices can cause further harm to someone already dealing with a medical condition, resulting in additional damages. A product liability lawyer can help you pursue compensation for damages from the at-fault party to compensate you. A fair settlement can reimburse you for adverse effects on your finances, physical health, and quality of life.
Victims of defective medical devices will commonly require compensation for economic damages to pay for financial losses. Additionally, they can pursue non-economic damages to compensate for adverse psychological effects and reduced quality of life.
The following are some damages you could pursue in a defective medical device claim:
Defective medical device victims should hire a product liability lawyer to help them recover compensation for damages. Particularly when it comes to mass tort claims for defective medical devices, a product liability attorney is a must.
They will take you through how to file a personal injury lawsuit and set your case up for success. Their experience enables them to determine the most effective way to hold liable parties accountable for their negligence that harmed their client.
A product liability lawyer can help with your defective medical device claim. They will handle quantifying your damages and determining who is liable for the damages caused by a defective medical device. Additionally, they will be in charge of collecting tangible evidence, and negotiating a fair settlement.
The product liability lawyers at Werner, Hoffman, Greig & Garcia advocate for victims of dangerous products like defective medical devices recover compensation for damages. We have helped victims of CPAP machines, hernia mesh products, Bard PowerPorts, and other defective medical devices seek fair compensation for damages.
We serve clients injured by defective products in mass tort cases from Miami and its surrounding areas, including Doral, Hialeah, Kendall, and Miami Gardens. Our product liability lawyers have decades of experience helping victims of dangerous products.
We will harness that experience to help you recover compensation for harm caused by a defective medical device. Contact us for a free defective medical device case evaluation today at (800) 320-HELP or contact us online today.
Following a personal injury accident, you will have significant damages that you need compensation for, such as medical bills, property damage, and mental anguish. You and your personal injury lawyer can file a personal injury claim to negotiate a settlement with the at-fault party’s insurance company. If a settlement cannot be reached, you can go to trial for a personal injury lawsuit.
This allows a jury the chance to decide whether you deserve compensation for your damages. A personal injury lawsuit can be a potentially lengthy process, with multiple pre-trial phases and an in-court trial necessary.
At WHG, our personal injury lawyers can help with the process of a personal injury lawsuit by handling discovery, mediation, your legal strategy, the court case, and the post-trial process. Don’t hesitate to contact us at (800) 320-HELP or leave a message on our online contact page.
Victims of personal injury accidents can suffer significant damages that they cannot pay for out-of-pocket. Therefore, they could try to hold the at-fault party responsible by filing a personal injury claim, which can involve settlement negotiations with the at-fault party’s insurance company.
However, this does not always end up with the victim recovering compensation for their damages. Insurance companies will attempt to deny, delay, or devalue their claim to keep the insurer’s profits up. In this case, the victim can file a personal injury lawsuit to bring the case to court.
Then, a jury will decide whether the victim deserves compensation for the at-fault party’s negligent behavior that caused the personal injury accident. The following are types of personal injury accidents that you could file a personal injury lawsuit about:
At the beginning of the process, before negotiating a settlement with the at-fault party’s insurance company, you should hire a personal injury lawyer. The process of a personal injury lawsuit can be complicated, especially for someone with personal injury lawsuit experience.
An experienced personal injury lawyer can handle the steps of the process effectively, keep the trial process moving by adhering to deadlines set by the court, and make the best case to the jury for you to receive compensation for your damages.
Once the personal injury lawsuit is filed, the judge who will preside over the case will establish deadlines for the pre-trial phase. This part of the process includes three phases and can take several months to complete, depending on how complex the case is.
The first phase of the pre-trial process is the complaint and answer phase. The complaint is a written summation of your allegations to the defendant, including the negligent behavior you believe caused the personal injury accident.
For example, you may state the defendant was distracted while driving, leading them to hit your car. The defendant has to agree with what is written or deny the allegations by a deadline after they receive the document. Typically, they have 30 days to respond.
The next stage of the pre-trial phase is discovery, which is the most significant before the trial. This is a long process of both sides gathering information to craft their legal strategy before going to court.
There will be a necessary collaboration between both parties, where they will have to provide the information requested by one another. Parties may request information pertaining to how the accident occurred, what medical treatment was administered, and evidence of damages.
Requests for information can come in the form of the following ways:
Following the discovery process, some information may come to light that may make the defendant want one of your accusations dismissed. For example, they may refute that they were speeding at the time of the crash. The defendant may file a motion with the court to dismiss a claim or the entire case.
Your personal injury attorney will normally have about 28 days to respond to the motion for dismissal and offer a rebuttal. In some cases, the court may hold a hearing to hear oral arguments from both sides before deciding.
After the pre-trial phase is complete and all evidence has been collected, both sides of a personal injury lawsuit can request a chance to negotiate a settlement. This is called mediation and can happen anytime during the trial process.
A neutral mediator can oversee settlement negotiations between the plaintiff, defendant, and their lawyers. For instance, say you filed a car accident claim against another driver, but you don’t want to take on the time commitment of a trial process for the personal injury lawsuit. You may decide to try mediation to resolve the case more quickly.
Both sides can present their case for a settlement and decide whether to settle out-of-court. Mediation is a non-binding process, which means both sides do not have to come to a settlement. Each side can reject any offer suggested and go to court with a personal injury lawsuit.
If your personal injury lawsuit goes to trial, it can be a months-long process. It consists of both sides presenting evidence, lawyers offering statements, and testimonies from the plaintiff, defendant, and witnesses.
Your personal injury lawyer can present your argument for deserving compensation by showcasing evidence proving the at-fault party breached a duty of care and caused the accident and your severe injuries.
The following are the six phases of a personal injury court case:
The court’s decision is based on jury deliberation over the facts of the case. At this point, you could either receive compensation for your damages or be denied based on insufficient arguments. After the trial, the party who came out on the wrong side of the verdict can file an appeal with a higher court to reconsider the ruling.
The personal injury lawyers at Werner, Hoffman, Greig & Garcia have experience in litigating personal injury lawsuits that can help with the trial process. They will do everything in their power to net you a settlement that can pay for the full cost of your damages before the trial and help you should a trial be necessary.
They can offer personalized legal counsel catered to your needs to put you in the best position to recover compensation for your personal injury damages, such as medical bills, lost wages, and pain and suffering.
At Werner, Hoffman, Greig & Garcia, we offer free consultations to personal injury victims to show how our personal injury attorneys can help you through the personal injury trial process. Contact us at (800) 320-4357 or leave a message on our online contact page.
In Florida, most personal injury lawsuits, including medical malpractice cases and wrongful death claims, must be filed within two years of when the injury or death occurred. Specific types of claims, like sexual abuse cases where the survivor was a minor, may offer plaintiffs more time to come forward.
No. Contrary to what many shows and movies would have you believe, more than 90% of the time parties settle a personal injury lawsuit before it ever gets to trial.
Under most circumstances, you have the right to represent yourself in civil court. This is known as Pro Se, which means on your own behalf. Forgoing an experienced lawyer is risky and highly unadvisable. If you are representing your own case in court because no personal injury lawyer would take it on, that is typically an indication that your claim lacks merit or sufficient evidence to succeed.
