Defining Disabling Injuries from a Personal Injury Perspective

Disability means many things depending on circumstances. Most people define it as the inability to move or function without assistance. A good example would be a serious spinal injury, where the victim is no longer able to move a significant part of the body or control involuntary functions. However, when it comes to personal injury, it does not have to be total or permanent to be disabling.

According to the website of the Hankey Law Office, people rely on their jobs to support their family. Disability in this case would mean no longer being able to perform their jobs the way they used to before the accident. If the victim works as a stevedore, for example, and sustained a back injury that precluded heavy lifting, this would be a disability. While the injury may heal over time, in the interim the victim loses income from being unable to work. If this will persist over 12 months based on a physician’s assessment, the victim should be entitled to disability benefits.

One could argue that the disability does not prevent the victim from engaging in less strenuous activities such as office work. However, the fact still remains that the injury prevented the victim from going back to work.

Disabling injuries are not always physical. In some instances, the victim is so traumatized by the incident that going back to work triggers incapacitating anxiety or fear. An example would be involvement in a serious car accident where the victim is no longer able to get into a vehicle without significant emotional or psychological distress. While the victim may not have physical incapacity, the mental disorder is still disabling. As a Louisville personal injury attorney will probably point out, if the horse will not go near the starting gate, the race will not start.

If you sustained disabling injuries because of the negligence or recklessness of a third party, financial compensation will not make it go away. However, you will be better able to adjust to your life-changing experience if you have the resources and time to heal. Consult with a personal or disabling injuries lawyer in your state for more information.

Is it too late to sue? Statute of limitations for transvaginal mesh injuries

The right to sue for personal injury has a time limit. This is called the statute of limitations, and it is designed to keep people from filing lawsuits for injuries they sustained a long time ago. However, the statute of limitations can be flexible if the situation warrants it.

In most cases of injuries caused by defective medical devices, the statute of limitations is two years from the time of the injury. However, the injured party may not even be aware that their medical condition or complaint is due to a defective medical device. This is a frequent case with women who have been implanted with a transvaginal mesh to address their pelvic organ prolapsed or stress urinary incontinence. According to the Williams Kherkher website, the most common symptom of transvaginal mesh failure is pelvic pain, which occurs frequently in women of a certain age for a variety of reasons. There is no reason to suspect negligence in such cases.

In one case in Texas, the patient needed four revision surgeries to remove the mesh because she developed complications. However, she had not been aware that the device was the one causing the complications until she heard it in the news a year later, and filed a lawsuit the year after that.

By the time she filed a complaint, it had been two years after her last revision surgery. Technically, she should have not have been able to file. However, she had not known about the defect until a year before, so the judge based the statute of limitations on when she acquired the knowledge.

It is important that you consult with your Houston personal injury attorney before jumping to conclusions about your case. Even if you had your last revision surgery three years ago, but only found out about the defect of transvaginal mesh from reading this post today, then you still have two years in which to file a lawsuit.

Possible Causes of Car Accidents Insurance Companies take into Account

There are many reasons why your insurance company may increase your premiums. This could be because of a speeding ticket, an arrest for drunk driving, even the addition of your 19-year old nephew to your household. Your premiums are a reflection of what the insurance company calculates to be commensurate against your risk to cause car accidents. However, your premiums may also increase even if you have no record of unsafe driving. Here are some factors that insurers believe will be possible causes of car accidents.


Once you hit 50, your insurance premiums will go up. This may seem unreasonable as statistics show that older people tend to be safer drivers. However, the actuarial tables take into account the fact that older people have slower reflexes and longer reaction times. When a pedestrian unexpectedly crosses a street, for example, you may not step on the brake fast enough. Older people may also take medication that may affect their driving skills. Some medications can even manifest as drunk driving behavior, and although a Dallas DUI lawyer at the Law Offices of Mark T. Lassiter can use this as a defense when taken together with your spotless driving record, it will not improve your premiums in the slightest.

Marital Status and Credit Rating

Insurance companies consider single people and those with bad credit as more likely to be irresponsible and take more risks. Justifiable or not, this is one of the factors that they consider. It is true that single people tend to get involved in more serious accidents (and thus cost insurance companies more) than married drivers. According to the website of the Goings Law Firm, LLC, serious injuries can have far-reaching consequences for all concerned, and insurance companies don’t like that.

It does not matter if you have a good driving record. Insurance companies are experts at minimizing their exposure in cases of car accidents. In case they have to pay up in the end, they make you pay up front.

What You Need from Your Personal Injury Lawyer

Not all lawyers have the same skill set, just like doctors. All lawyers start out with general knowledge about the law, and then they pick a specialty. When you need help with your legal tax issues, you go to a tax lawyer, who should know the tax laws inside and out. However, your tax lawyer likely cannot help you with your personal injury issues. You need a lawyer that practices tort law, which governs personal injury lawsuits.

You also need a lawyer who practices in your state. State tort laws are more or less the same anywhere, but with significant differences. An Iowa personal injury lawyer would be your best bet if your injury occurred in Des Moines, for example.

Specialization and location accounts for little if your lawyer has no field experience, or worse, has a bad track record. Personal injury lawsuits are notoriously tricky, and you really need someone who knows all the tricks of the trade. You can be sure that the insurance company of the defendant will retain a highly skilled lawyer; you should do no less. Lawyer fees are not usually a problem because most reputable personal injury lawyers work on a percentage basis, and only when they win a case.

An oft-overlooked qualification of a good personal injury lawyer is their contacts. They should have good working relationships with treatment facilities and doctors, who are willing to be flexible about payment for treating the injured client. Most cases take years, so the plaintiff has to receive medical treatment and assessment in the interim, something that they may not be able to afford.

A well-established Louisville personal injury lawyer will probably have the right contacts for expert witnesses, court reporters for depositions, and even field investigators in Kentucky. The plaintiff has the burden of proof, so it is important that your lawyer knows where and how to get them.

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