Hamilton Personal Injury Attorney Blog

Experts Agree to a Link Between TBI and Depression, More Studies Necessary

2012-05-18T13:17:07Z

It is widely accepted in the medical community that there is a correlation between traumatic brain injury and depression. The Journal of Neurotrauma estimates that 3.1 million Americans are currently living with some form of TBI. Of those TBI survivors, over 25 percent also suffer from major depressive disorder (MDD). There is also an increased risk for suicide. Depression has long-term negative effects on a person's health, productivity, social relationships, employability and overall quality of life.

Depression in TBI survivors may stem from different sources. It may be caused by direct or secondary injury to the frontal brain tissue, or damage to the portion of the brain that regulates mood. Psychological factors also cause or add to depression as a person's life will never be the same, and the person may feel frustrated and upset that they are unable to do things that they were before. Of course, the actual cause of a person's depression is extremely complex and is likely caused by a variety of factors.

The good news is that there is help for TBI survivors with depression, and they do not have to struggle alone. Depression is typically treated in two ways: by therapy or medication, or a combination of both. Psychotherapy aims to help people uncover the causes of depression and replace them with more positive coping skills. Cognitive therapy includes replacing negative thoughts and criticisms with productive means of dealing with hardship. Therapy is often combined with anti-depressants. Other methods of treating depression include regular exercise and eating a healthy diet.

Isolation is a contributing factor to depression. Intervention may be necessary for family and friends of a TBI survivor who is exhibiting the symptoms of depression. TBI survivors must be afforded long-term care, such as therapy, support groups, rehabilitation and day programs to ensure they are able to live the best quality of life possible.

Doehrman Chamberlain - Indianapolis injury lawyers

Doctors Speculate that Junior Seau's Suicide Linked to Depression and TBI

2012-05-16T13:13:40Z

Junior Seau was an NFL linebacker who spent the majority of his career with the San Diego Chargers, and he was generally known as an affable and generous man with a charitable nature, until the 43-year-old took his own life two weeks ago. Perhaps the only good thing that can come out of this tragedy is to shed light on the potential links between suicide, traumatic brain injury and depression to reach out and help people suffering with similar afflictions.

The events and circumstances leading to Mr. Seau's death are still under investigation, and the extent that traumatic brain injury and depression contributed to his suicide is unclear and only speculative at this time. What is known is that more professional athletes are speaking out about how repeated head trauma affects professional athletes' lives long after their NFL career has ended.

Junior Seau's unfortunate death echoes the suicide of another NFL player, Dave Duerson, who shot himself in the chest specifically to preserve his brain for study. Researchers at the Sports Legacy Institute and Boston University concluded that Duerson suffered from chronic traumatic encephalopathy (CTE), which is a form of brain damage due to multiple head traumas. The researchers had found CTE to be prevalent in the brains of 20 other deceased athletes. Andre Waters, another former NFL player who committed suicide at age 44 in 2006, was found to have the brain tissue equivalent to an 85-year-old man with Alzheimer's disease.

Mr. Seau's death comes in light of the 1,700 former NFL players who have filed lawsuits against the league for the long-term effects of repeated concussions. The NFL has responded in part by beginning to change their practices and policies. For example, NFL players now receive baseline tests for head trauma before the season and after any head injury to remain eligible to play. This is just the beginning of necessary changes, but as long as former players like Junior Seau and other players continue to suffer, these actions may be far from sufficient.

Doehrman Chamberlain - Indianapolis injury attorneys

FMCSA Closes Trucking Industry Loophole to Hold Carriers Accountable

2012-05-14T13:12:01Z

The Federal Motor Carrier Safety Administration (FMCSA) recently passed a new rule to close a loophole that previously allowed unscrupulous trucking companies to evade regulations and liabilities by starting new shell corporations. A trucking company would "reincarnate" as a new company in name only, folding up the old shop and starting anew. The FMCSA had discovered that a number of motor carriers were submitting new applications for registration as new corporations to evade civil penalties or liability for truck accidents. The new regulation requires an administrative review of new applications and investigatio into the proposed new company's history.

In response to the problem of these fly-by-night shell corporations, the FMCSA released this statement in justification for the new regulation: "Other motor carriers attempt to avoid enforcement or other consequences associated with a negative compliance history by creating or using an affiliated company under common operational control. They then shift customers, vehicles, drivers and other operational activities to that affiliated company when FMCSA places one of the commonly controlled companies out of service."

Closing this loophole is key to holding trucking companies responsible when they fail to comply with regulations, leading to auto accidents and harm to innocent motorists. Additionally, the new rule will no longer allow carriers to pay the full amount of the civil penalty without admitting to liability. Now, payment of the penalty constitutes an admission of the violation. This new regulation is beneficial to the public at large as well as motorists injured as a result of the negligent actions of a trucking carrier.

Doehrman Chamberlain - Indianapolis accident attorneys

Residential Smoke Alarms Save Lives

2012-05-11T13:09:19Z

The Centers for Disease Control states that residential fires and burn injuries are the fifth highest cause of unintentional injury-related deaths in the United States. A smoke alarm can reduce the risk of death by 50 percent, but surprisingly, out of the homes that have a smoke alarm, only about three-quarters report the smoke alarm actually works. Having working smoke alarms throughout your home is the best thing you can do to protect your family. Is your home equipped?

· Install smoke alarms in every bedroom and on each floor of the house, including the basement. Modern smoke alarms can be interconnected so if one goes off, they all will.

· Test alarms once a month; most have a test button to make this step very easy.

· Replace batteries once a year, or as needed. If it is chirping, that means its batteries are low. The worst thing a person can do is to remove the batteries to stop the chirping and then forget to replace them.

· Replace smoke alarms every ten years.

· Ionization smoke alarms respond well to flaming fires, while a photoelectric smoke alarm is for smoldering fires. Check your smoke alarm to make sure it has both components, or buy both and install them in different places in the house.

· For deaf or elderly people who are hard of hearing, install special smoke alarms, which use strobe lights or vibrations when activated.

If you cannot afford proper smoke alarms, many fire departments will give them out for free to low-income households and some fire departments help residents install and/or check the alarm to ensure it is working properly. Call your local fire department to inquire as to these services.

Doehrman Chamberlain - Indianapolis accident lawyers

Are You Correctly Using a Portable Space Heater?

2012-05-09T13:07:21Z

Although spring is officially here, it still gets chilly at night and some residential households rely on space heaters to heat rooms in the evenings. Just this past Monday, a residential fire took place in Butler that caused serious burn injury to an 11-year old boy. He was removed from the scene by firefighters and at last report, was in critical condition at a Fort Wayne hospital. A preliminary investigation as to the cause of the fire points to a space heater.

Consumer Reports estimates that portable space heaters cause an estimated 1,700 fires, 180 burn injuries and 70 deaths annually. However, the consumer advocacy group states that space heaters can be safe when used carefully and properly. The following are some tips on the proper use of portable space heaters to prevent accidental fire and burn injury:

· If the heater is a propane or kerosene heater, they should never be used indoors as they have open flames and release carbon monoxide and carbon dioxide.

· Only buy electric space heaters with a safety-certification label, such as the UL mark from Underwriters Laboratories, the ETL label from Intertek, or certification from CSA International.

· Check the heater's power cord to see if there is any damage, cracks or fraying. Replace the cord or the entire heater if it needs repairing to prevent an electrical fire.

· Do not use extension cords with space heaters.

· Never leave a heater unattended or in a room with sleeping children.

· Always follow the exact directions as stated by the manufacturer.

· Keep the heater on a flat, clean, dry and cool surface.

· Never place a space heater near curtains or furniture, or anything that is flammable.

Doehrman Chamberlain - Indianapolis injury attorneys

Safety-Proof Your Home to Prevent Burn Injuries

2012-05-07T13:04:32Z

The American Burn Association estimates that 450,000 people receive medical treatment annually for burn injuries. Although the majority of incidents of burn injury for adults is caused by residential fires and auto accidents, children experience burn injuries most frequently due to household accidents involving hot liquids, cooking and electricity. Scalding burns account for 40 percent of all burn injuries for children under age 14.

If you have a baby or small child, ensure your child is safe by taking certain precautionary measures to prevent burn injury:

· Install anti-scald devices on the bathtub faucet, and always check the temperature carefully when bathing a child. Set your hot water heater for 125 degrees or lower.

· Never hold a baby or small child while cooking, pouring or drinking hot liquids.

· If you are cooking with boiling water, grease or oil, keep all children far away from the stove area to prevent splatter burns.

· Have a safety talk with children about the stove, oven and electrical outlets.

· Use plastic electrical safety plugs for all unused outlets.

· Keep electrical cords neat and out of the reach of toddlers. Use plastic tubing to keep the wires from spreading out over the floor.

· Always check the temperature of food for young children, and allow the proper time for it to cool before setting the plate in front of them.

Doehrman Chamberlain - Indianapolis accident attorneys

Bullying Victim Left Paralyzed Reaches $4.7 Million Settlement

2012-05-04T13:40:59Z

When a young student is being targeted by a bully, the most important thing to do is to alert the school district through teachers, guidance counselors and principals to prevent violence. One young man did everything right when he found himself the victim of a violent bully, but unfortunately, the school district let him down. Six years later, this young man was able to secure compensation for his future and lifestyle adaptations required by his spinal cord injury that left him paralyzed.

His ordeal is every student and parent's nightmare. A target of ongoing physical and emotional abuse by another classmate, the young man wrote numerous emails to multiple school authorities asking them for help in protecting him from the bully.

Towards the end of the school year, the bully punched his victim in the abdomen so hard he fell to his knees. A few days later, he was unable to walk, and doctors discovered that the blow had formed a blood clot in his artery that moved to his spine and caused paralysis. After 19 surgeries and multiple near-death experiences, the victim will likely never walk again.

After settling his case against the bully, it took three additional years of depositions and investigations into the actions (and inactions) of the school district to reach the $4.7 million settlement. What everyone can learn from this young man's story is to speak up and out against bullying and physical violence in school to prevent this sort of catastrophic accident from happening again.

Doehrman Chamberlain - Indianapolis accident lawyers

May is Bike Safety Month for Children

2012-05-02T13:38:49Z

Spring is now in full force, and children are taking to the streets as daylight gets longer and the warmer weather is upon us. May is officially Bike Safety Month for children, and the most important thing for parents to do is to ensure their child has a good quality helmet-and knows how to wear it.

Bicycle accidents are a major cause of traumatic brain injury in children under age 19. Simply buying a helmet is not enough; parents must be vigilant and stress to children the importance of wearing the helmet and help teach them how to property size the helmet for maximum effectiveness and protection.

Advocacy group Safe Kids, USA recommends parents and children pick out a helmet together so the child is more likely to use it on a regular basis. The helmet should sit on the top of the head in a level position and should not move or slide around on the head. The straps must be buckled and secure, but not too tight. Also use the Eyes, Ears and Mouth Check Test:

· Eyes Check. The cyclist should be able to see the bottom rim of the helmet. The rim should be one to two finger-widths above the eyebrows.

· Ears Check. The straps from the helmet should form a snug "V" under the ears.

· Mouth Check. If your child opens his or her mouth wide, the helmet should hug the head.

Besides helmets, parents should ensure their child's bicycle has properly working brakes, reflectors and a working bell. Preventative action is key to keeping children safe in the spring months.

Doehrman Chamberlain - Indianapolis injury attorneys

Texting While Driving Caused Pike Township School Bus Accident

2012-04-30T13:35:02Z

We are at the end of the official National Distracted Driving Month, but its campaign of awareness of the dangers of texting while driving will last all year. The importance of this campaign is underscored by the recent school bus and truck accident in Pike Township, which sent nine children to the hospital for injuries when the truck driver received a text message and crashed into the bus.

The driver worked for Piazza Produce and rear-ended the school bus carrying 17 students and the driver from Central Elementary at the 8200 block of Zionsville Road.

Police confirmed to the Indianapolis Star that texting while driving was the cause of the accident. Pike Township School Police Chief Allen Kasper told reporters that the truck driver was not looking at the road when he hit the bus. "He said he had just received a text and was reading it." The driver was cited for texting while driving, which is illegal in the state of Indiana. Thankfully, the nine injured children were released from the hospital shortly after the accident.

A common justification for people who choose to ignore the law and continue to text while driving is that no one thinks an accident will happen to them. The truck driver here surely did not think that by looking down at his cell phone he was putting 17 young children at risk of serious injury. Remember this story the next time you are driving, and check your texts after you arrive home safe.

Doehrman Chamberlain - Indianapolis accident attorneys

Doehrman Chamberlain Files Suit on Behalf of Deceased Construction Worker

2012-04-27T13:11:43Z

Our law firm has recently filed suit on behalf of a worker killed in August of last year while building a temporary entrance ramp to Interstate 465 from westbound Crawfordsville Road. The worker was operating a tanker trailer, which crashed in the construction zone. The worker did not survive the accident and left three dependent children as survivors.

The lawsuit named the Indiana Department of Transportation, Walsh Construction Company and GradeX, a subcontractor, as defendants to the suit. The estate of the deceased worker alleged that the negligence of the defendants was the proximate cause of the crash that resulted in his death. Walsh Construction Company is the same company that employed a worker who recently died on I-465 April 16^th of this year, which event this blog discussed on Monday.

As it is National Work Zone Awareness Month and I-465 is under heavy construction, all motorists on the road must exercise extreme caution when driving through these work sites. Not only does erratic driving or speeding threatens not only the lives of the workers, but all innocent motorists on the road. These work zones are especially dangerous because when they become backed up with traffic, drivers get frustrated and may engage in weaving, driving on the shoulder, tailgating or other aggressive driving tactics. All motorists should be aware that the highway is under construction so they can find an alternate route or allow extra time to reach their desired destinations. Taking such risks is not worth the lives of innocents.

Doehrman Chamberlain - Indianapolis accident lawyers

April 23-27 is National Work Zone Awareness Week

2012-04-25T13:09:25Z

Spring is the time of year when roadway construction and maintenance really kicks into high gear. This week also marks the 13^th Annual Work Zone Awareness Month. In light of the recent deaths of motorists and contractors in work zones on I-465 in Indiana, all motorists must refrain from speeding and distracted driving, particularly within work zones. I-465 is being expanded and major work is set to begin on the Allisonville Road Bridge after Memorial Day, which will close the bridge for at least 110 days.

The Indiana Department of Transportation (INDOT) reminds motorists to exercise extreme caution throughout construction and work zone areas. In 2011, 10 people were killed in auto accidents in Indiana work zones and four workers were killed.

INDOT is encouraging all drivers to remember Work Zone Awareness Month and note the dangers that erratic driving imposes on motorists and workers. Drivers entering work zones must:

· Stay alert

· Merge gradually and slow down

· Not tailgate

· Avoid cellphones and coffee while driving

· Remember that texting while driving is illegal in Indiana

· Allow extra time to arrive at a destination so there is times to patiently deal with work zones. While frustration with traffic is understandable, dealing with such frustration by aggressive driving is dangerous and risky for motorists and workers alike.

Doehrman Chamberlain - Indianapolis injury attorneys

Walsh Construction Worker Killed In Construction Accident on I-465

2012-04-23T13:08:33Z

Indiana Interstate 465 has been under construction in various places for over a year, and last Monday, a worker employed by Walsh Construction Company was tragically killed on the job. The construction accident occurred when the driver of an excavator backed over the worker, who was on foot. The workers were building a protective concrete barrier to begin work on a new entrance ramp, accessed from Allisonville Road to I-465. The project involved moving large areas of earth to build up the ground under the new ramps.

The Indiana Occupational Safety and Health Administration (IOSHA) performed an investigation into the accident. IOSHA investigates every accident site where a worker was seriously injured or killed to determine if there were any workplace safety violations occurring. IOSHA has the power to issue fines and orders if they find a company is not in compliance with their safety rules and regulations. IOSHA determined this incident was not a workplace issue, but police continue to investigate the accident.

This week is National Work Zone Awareness week, and our blog will continue to monitor workers' safety and accidents occurring in the construction work zones of I-465. We implore all motorists to exercise extreme caution while traveling through these work zones.

Doehrman Chamberlain - Indianapolis accident attorneys

Distracted Driving Myths Busted!

2012-04-20T13:35:12Z

For April's Distracted Driving Awareness Month, we are busting common myths about distracted driving (with the help and statistics from the U.S. Department of Transportation.)

1. I can talk and text on my phone-I'm a good driver!

No, this is absolutely untrue. Everyone thinks they are good drivers and that they will never cause an auto accident. The truth is that car accidents occur in a split second, and no one plans on such a tragedy occurring, of course. Every great "multi-tasker" who is involved in a distracted driving car accident probably thought it could never happen to them.

2. Distracted driving is not that big a deal-everyone does it.

While texting, drivers are 23 times more likely to get into an auto accident than a non-distracted driver. Although it is illegal in Indiana and many other states, most people simply do not understand the grave dangers and think nothing will happen to them. In addition, people lead busy lives and driving in the car may provide them with a few extra minutes to catch up on the phone. While this is understandable, it is simply not worth the risks of an auto accident that has the potential to seriously injure or kill other motorists.

3. I have a hands-free phone and hands-free texting, so I'm OK.

Research indicates that talking on a cell phone, even a hands-free device, saps the brain of 39 percent of energy that could be concentrating on the road. Talking or texting burdens the brain and delays a person's reaction time as much as having a blood alcohol concentration of .08.

4. Sending a text is quick-it cannot cause that much harm.

The reason why texting is notoriously dangerous is the act of texting requires motor skills to type, visual ability to view the message, and cognitive thinking to write the message. So your hands, eyes, and brain are occupied, not concentrating on the road at all while sending a text.

Doehrman Chamberlain - Indianapolis accident attorneys

Highest Cause of Worker Fatality is Highway Vehicle Accidents

2012-04-18T13:31:34Z

It may be shocking to hear, but the Federal Bureau of Labor Statistics' Census of Fatal Occupational Injuries (2009) reported that the highest cause or worker fatality in Indiana is highway vehicle accidents. As April is Distracted Driving Awareness Month, more people should hear and understand that their actions while driving can irreversibly change the lives of other innocent motorists and workers.

The Bureau cites the workers at highest risk for vehicle accidents:

· Farmers and agricultural workers

· Delivery, sales and service personnel

· Social service workers

· Real estate agents

· Police officers, firefighters and emergency responders

· Long-haul truck drivers

The most common form of distracted driving is texting while driving, which is illegal in Indiana. This is because unlike simply talking on a cell phone--which is distracting enough--when a person texts, their eyes are no longer on the road and at least one hand is not longer on the wheel. There are other distractions that cause accidents, including eating while driving, reading maps or a GPS system, changing the radio station, dealing with kids in the backseat, and looking in the mirror instead of concentrating on the road.

Everyone is guilty of these activities once in a while, but one must look at the statistics and think about the consequences to families of victims of workers that are killed on the roadways due to distracted driving. Upon reflection, is that text message or phone call really that important?

Doehrman Chamberlain - Indianapolis accident lawyers

Put Down Those Cell Phones: April is Distracted Driving Awareness Month

2012-04-16T13:30:35Z

The U.S. House of Representatives passed a resolution declaring April National Distracted Driving Awareness Month. The federal government is recognizing the states that have passed bans on cell phone talking and texting while driving, and the new campaign is encouraging drivers in states where it is still legal to voluntarily put down the phone while they are driving to avoid catastrophic auto accidents. The message: One text or call could wreck it all.

Further, even in states where cell phone use while driving is not prohibited by law, the police are encouraged to watch drivers carefully and issue citations for distracted driving under other laws, such as improper lane usage or careless driving. Sgt. Ryan Hunnicutt, a police officer in Oklahoma, where it is still legal to talk or type while driving, is concerned for all motorists: "The types of accidents caused by distracted driving can be the worst we see." The accidents cased from you not paying attention so you don't have a chance to react and suddenly you're in an oncoming lane of traffic or you've hit a tree-those crashes are usually very severe."

Last year, Indiana became the 32^nd state to outlaw texting while driving. Although the use of a cell phone while driving is still legal for drivers over the age of 18, we highly encourage all drivers to put down the cell phones or, at a minimum, use hands-free devices while behind the wheel. As the U.S. Department of Transportation reminds us this month, "It's just not worth it."

Doehrman Chamberlain - Indianapolis injury attorneys