Personal Injury

Published on: September 1, 2023

More than 60% of Seniors with Cognitive Declines Continue to Drive

A vast percentage of seniors who have age-related cognitive declines continue to operate motor vehicles, seriously increasing their risks of being involved in an auto accident. Senior are especially susceptible to serious personal injuries when involved in a car accident which makes preventing these accidents a high priority.

According to a new study, far too many seniors who have impaired cognitive abilities or thinking declines as per a cognitive assessment score continue to operate motor vehicles without hesitation. The study found that more than 600 adults in a particular county suffered from thinking declines as per the cognitive assessment test, and that more than 61% of these persons who suffered cognitive declines continued to drive.

Suffering a cognitive decline does not automatically mean that a person may be unable to drive. In fact, not all of the caregivers who were involved in the study believed that the senior drivers in the study had their driving skills affected by their cognitive difficulties. About one -third of the caregivers admitted to having concerns about the driver’s ability to safely operate a car. However, there are safety issues involved when a person with cognitive issues takes to the road.

Published on: August 29, 2023

Study: Traumatic Brain Injury Similar to Chronic Conditions

by Robert N. Katz, Esq.

Persons who have suffered a traumatic brain injury due to an auto accident or any other type of accident may suffer from long term consequences that are very similar to the symptoms suffered by persons living with a chronic condition.

Those conclusions came from a new study recently published in the Neurology journal. The researchers analyzed data on more than 900 patients who had suffered mild traumatic brain injury like concussions as well as 200 patients with moderate to severe traumatic brain injury, and compared these patients to a group of 150 patients with no history of a traumatic brain injury. Brain injuries are frequently suffered by persons involved in car accidents, slip and fall accidents and even due to medical malpractice. As part of the research, the persons were asked about physical symptoms like headache and fatigue. They were also asked about their thinking abilities, especially the ability to perform daily and routine tasks, as well as their overall mental health and memory.

They found in their analysis that 21% of the persons with a mild brain injury suffered declines overall, compared to 26% of the persons with moderate to severe traumatic brain injury. Among the persons with no brain injury, the decline was just 15%.

Published on: August 1, 2023

Brain Injury Caused by Car Accidents Could Result in Unique Form of Depression

by Robert N. Katz, Esq.

Researchers have known for a while that a brain injury can result in depression, but the kind of depression that a traumatic brain injury causes is different from other forms of depression. Traumatic brain injuries often arise out of car accidents, motorcycle accidents, trucking accidents, or any other event that causes a significant impact to the head.

A new study finds that the kind of depression that results after a brain injury may be different from regular depression with some unique symptoms. In fact, the researchers believe that brain injury -related depression could possibly be its own distinct condition. These are important findings because they shed new light on the kind of consequences that a brain injury patient can suffer.

For years now, researchers have known that depression can set in after a person has suffered a brain injury, but there have been questions about whether the depression is a result of the injury itself or because of the trauma related to the car accident or incident that caused the personal injury. The general consensus, however, is that the depression is caused by the personal injury.

Published on: July 26, 2023

Spinal Cord Injury Could Damage Immune System

by Robert N. Katz, Esq.

Spinal cord injuries are serious personal injuries that can be caused after an auto accident. New research finds that these injuries, in addition to permanently impacting a person’s day to day functioning, can significantly damage a person’s immunity, exposing the patient to the risk of life-threatening infections.

A spinal cord injury can result from any kind of blow or serous impact to the spine. The impact does not have to include a fracture. A spinal cord injury can also be caused by crushing injuries or dislocation of the spine. For example, when a person is thrown about the inside of a car during an auto accident, she or he could suffer serious personal injuries to the spine. A motorcycle rider who is thrown off a motorcycle could land on the ground with force that is significant enough to fracture his spine. In fact, spine injuries are common in motorcycle accidents when a person is separated from the motorcycle.

The risk of paralysis is very serious after a spinal cord injury. These consequences of a spinal injury can also have a long term impact on a person’s health. A new study finds that a spinal injury may also trigger immunodeficiency syndrome. This condition can result in a loss of immunity, thereby exposing the person to the risk of infections. The study was conducted by researchers on 111 patients who had suffered spinal cord injury. They found that soon after a spinal cord injury, the number of antibodies in the body dropped. There was also a deactivation of the monocytes or white blood cells that are responsible for staving off infections.

Published on: July 11, 2023

Epilepsy and Car Accident Risks

by Robert N. Katz, Esq.

People who suffer from epilepsy may be able to drive safely provided they take all safety precautions, including taking any necessary medications, and stick to the limitations placed on them under the law. A new study, in fact, finds that an early diagnosis of epilepsy may significantly reduce car accident risks.

According to the study, as many as 5% of patients who suffer from epilepsy had suffered a seizure while driving before their diagnosis. The researchers, who include members of the American Academy of Neurology, were specifically looking at how long a person drives before he or she received an epilepsy diagnosis. They believe that it is important to push for earlier diagnosis of epilepsy in order to reduce car accident risks among these persons.

As part of the study, the researchers focused on 447 persons who suffered from focal epilepsy which is marked by recurrent seizures. They found that 23 of these people had suffered a seizure while driving. About 26% suffered their first seizure while driving while around 30% had suffered more than one seizure while driving. In all, these seizures resulted in 19 auto accidents with 11 of these car accidents requiring hospitalization.

Published on: July 8, 2023

Nursing Home Abuse Prevention Checklist for Families

by Robert N. Katz, Esq.

This June, elder advocate organizations around the country are calling for a focus on the rights of seniors, and the prevention of abuse and neglect involving elderly persons, millions of who live in nursing homes.

On June 15, elder organizations across the world including the World Health Organization at the United Nations will mark World Elder Abuse Awareness Day to raise awareness about the risks of abuse, exploitation and neglect involving seniors. Events and commemorations are being planned for the special day across the world, including the United States where more than 50 million people above the age of 65 currently live. Out of these, close to 1.5 million people live in nursing homes, and a million more live in assisted living facilities.

For families, the decision to place a loved one in a nursing facility or an assisted living facility is never an easy one. It is, unfortunately, the only option available for many people who often find themselves worried and anxious about the safety and care of their loved ones in these facilities. The fact that so many nursing homes in the United States have questionable standards of care at best is definitely a concern for families looking for a facility.

Published on: June 29, 2023

PTSD and Car Accidents

by Robert N. Katz, Esq.

One of the most underestimated and neglected effects of a motor vehicle accident is posttraumatic stress disorder or PTSD, an anxiety- related condition that can severely limit a person’s recovery after being involved in an auto accident.

Several American organizations including veterans’ organizations are marking June 27 as Posttraumatic Stress Disorder Awareness Day. The day is being commemorated to make more people aware about the disorder and its effects on a person’s ability to lead a normal life after experiencing a traumatic life event.

Posttraumatic stress disorder is a mental health condition that emerges after a person has suffered a terrifying or life-threatening event like a natural disaster, terrorist attack, and even an auto accident. The condition may arise if a person has undergone a terrifying event in which his or her very life or physical wellbeing is threatened or at risk.

Published on: June 12, 2023

Pool Drowning Deaths Increase During Summer

by Robert N. Katz, Esq.

With summer fast approaching and thousands of children and families cooling off in swimming pools across the country, it is important for Atlanta pool owners to understand their risks of premises liability when a drowning occurs on their premises.

Most drownings involving children occur in swimming pools. According to the Centers for Disease Control and Prevention, children between the age of 1 and 4 are more likely to die from drowning than any other factor. For children between the age of 5 and 14, drowning is the second most likely cause of unintentional death, after auto accidents. Every year, there are 4,000 fatal drowning accidents recorded in the United States, and as many as double that number of non -fatal drowning accidents. According to the Centers for Disease Control and Prevention, Georgia has a drowning death rate that is approximately 1.37 for every 100,000 population.

Most of these accidents occur in residential and commercial swimming pools. Even if a drowning does not result in death, it can result in severe or even catastrophic personal injury. The loss of oxygen supply to the brain can result in brain damage and other consequences that can contribute to long- term or lifelong disability of a child or adult. Close to half of all drowning accidents that do not result in a death will result in hospitalization of the victim. A drowning is much more likely to result in death or long term injury compared to other unintentional injuries.

Published on: June 5, 2023

Sharp Increase in Fatal Slip and Fall Accidents Involving Seniors

by Robert N. Katz, Esq.

Over the past 2 decades, there has been a staggering increase in the number of fatal slip and fall accidents involving American seniors, with the rate doubling during this period of time.

Slip and fall accidents are a major cause of wrongful deaths and personal injury involving seniors, and in fact, according to some statistics, contribute to the highest number of wrongful deaths involving seniors every year. However, a new study shows exactly how alarming those risks are, and how dramatically those wrongful death rates have increased. The study by researchers at the Pennsylvania State University shows that in 1999, there were a total of 10,100 fatal slip and fall accidents involving American seniors above the age of 65. By the year 2020, that number increased to 36,500 fatal slip and fall accidents involving seniors.

That is a staggering increase, and seems to show that in spite of advancements in fall protection for seniors, these personal injuries are only increasing. The researchers say that there simply is not enough of a focus on slip and fall prevention involving senior citizens, and that is contributing to this increase. The study also shows that fatal slip and fall accident rates seem to have increased among all categories of seniors since 1999. Rates seem to have increased for both men and women. White male adults had the highest slip and fall death rate with as many as 78 deaths for 100,000 population in 2020. Fall-related death rates also rose for black, native American, Hispanic and Asian seniors.

Published on: May 30, 2023

Even Mild Brain Injury can Increase Risk of Criminal Behavior

by Robert N. Katz, Esq.

Traumatic brain injuries like those that typically result from auto accidents, pedestrian accidents and slip and falls can have a number of long term consequences. A new study finds that the risk of criminal behavior increases after even a mild brain injury. This increased risk is something that has to be considered when litigating personal injury claims.

The study was conducted in New Zealand, and found that a brain injury does not have to be severe in order to have effects that result in criminal behavior. Even a mild brain injury like a concussion can significantly increase a person’s risk of engaging in criminal behavior.

The analysis found that people with a brain injury had a higher rate of criminal convictions and arrests, compared to persons who had not suffered a brain injury. Further, the risk of criminal behavior seemed to increase with the number of brain injuries the person had suffered. A higher number of concussions translated into a higher risk of criminal activity.