Archive for the ‘Westport Personal Injury Attorney’ Category

Study Finds Most Sports-Related TBIs in Teens Occur during Practice

May 28th, 2015 at 7:59 pm

sports-related TBIs, Westport Personal Injury AttorneyThere has been much media attention over the number of athletes who have suffered permanent damage caused by traumatic brain injuries (TBI), such as multiple concussions, particularly for athletes who participate in football and hockey. The long-term and permanent damage that is reportedly caused by TBIs includes a decline in cognitive abilities, early onset Alzheimer’s, and chronic traumatic encephalopathy (CTE). CTE is a progressive degenerative disease of the brain tissue.

Originally, the media attention began because of the number of professional athletes who suffered devastating effects from TBIs. However, over the past several years, a focus has been placed on the number of incidents of TBIs suffered by younger victims, especially teenagers, who are involved school or recreational sports.

According to national statistics, there are 1.7 million documented victims who suffer from some type of traumatic brain injury every year in this country. Various studies state the estimate is too low and that the actual number of victims every year is just under 4 million. The number of adolescents and children who receive TBI’s in sports-related accidents is approximately 173,285. Contrary to what many people may think, the majority of those injuries may not occur in actual games against opponents, but instead during practice with a victim’s own teammates.

A new study was conducted by Datalys Center for Sports Injury Research and Prevention Inc., utilizing data supplied by the National Athletic Treatment, Injury and Outcomes Network, the National Collegiate Athletic Association Injury Surveillance Program, and the Youth Football Surveillance System. The researchers discovered that of the 20,000 who were injured playing football during the 2012-2013 season, more than half—57 percent—received those injuries during a practice session.

There were 1,198 injured players who were diagnosed with concussions during the season, accounting for almost 10 percent of the total injuries received. Twenty-two percent were playing college football, 66 percent were involved in high school football, and 12 percent were playing youth football.

Researchers point out that this study should serve as a reminder to coaches and others involved in overseeing sports programs of the importance of implementing safety guidelines, even for practices. If your child has been injured in a sports-related accident, contact an experienced Westport personal injury attorney to find out what legal recourse you may have against the negligent party.

Takata Air Bags: Largest Recall in U.S. History

May 21st, 2015 at 7:00 am

takata air bags, Westport Personal Injury AttorneyRecent reports have been published regarding the dangerous issue and recall notices associated with airbags which were manufactured by Takata Corporation of Japan. According to multiple complaints filed, the chemical inside the airbag, which makes it inflate, explodes with such force that it causes a metal inflator to shatter into pieces. The metal shrapnel is spewed into the passenger’s side of the vehicle. So far, these defective airbags, installed in numerous make and model vehicles, have killed at least six people and injured hundreds of others.

However, this week the U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) have announced that Takata is recalling 33.8 million airbags and is finally admitting that the airbags they manufactured are defective. The agreement between the federal regulators and the company has taken over one year to reach.

Almost a dozen automakers have previously issued recalls of approximately 17 million airbags nationwide, including Toyota and Honda. Now that Takata has doubled the number of airbags which are being recalled, this recall will be the largest recall in U.S. history.

There have been previous media reports that both Takata and Honda were aware of the dangers of the airbags as early as 2004. Instead of notifying federal officials of the problem, Takata ordered its engineers to destroy all documents and other physical evidence which revealed the defective.

In 2007 and 2008, Honda settled cases with several other victims of defective airbags, yet did not act on the information they had. In 2009, there was one report of a woman who “bled to death in front of her three children” when metal shrapnel from a defective airbag exploded into the woman’s neck and chest.

There are multiple models of vehicles which are affected by the Takata recall. Car manufactures include Acura, BMW, Chrysler, Dodge, Ford, Honda, Infiniti, Lexus, Mazda, Mitsubishi, Nissan Pontiac, Saab, Subaru and Toyota.

If you have been injured by a defective product, please contact an experienced Westport personal injury attorney to find out what legal recourse you may have against the manufacturer of the product. Call Richard H. Raphael, Attorney at Law, today at 203-226-6168 to schedule a free case evaluation.

Connecticut Statute of Limitations for Injury Claims

May 14th, 2015 at 4:08 pm

Connecticut statute of limitations, train crash, Westport Catastrophic Injury LawyerOn May 17, 2013, at 6:10 p.m., a commuter train that had departed from Grand Central Station, and was heading for New Haven, derailed in the Bridgeport area. As the train derailed off the tracks, it smashed into another commuter train that was heading in the opposite direction. There were approximately 250 passengers in each of the trains. Over 70 people were injured, several of them critically injured.

The National Transportation Safety Board (NTSB) later determined that the cause of the accident was an “undetected broken pair of compromise joint bars” on the track due to the following:

  • There was a lack of regular maintenance program to the tracks. This lack of maintenance program meant no priority of inspections to equipment in order to ensure needed repairs performed right away;
  • There were no federal regulations in place which required heavily traveled commuter rail companies to perform mandatory inspections; and
  • The railroad company made the decision to postpone any regular track maintenance and repairs.

For each victim who was injured in the train crash, the statute of limitations is quickly approaching to file claims against those parties who were determined responsible for the crash. A statue of limitation is the amount of time the law allows victims to pursue legal options against those responsible for those injuries.

In Connecticut, state law says that a victim can only bring forth a claim within two years of the date of the incident which caused the injury. This applies to cases where an incident was caused by “negligence or wanton misconduct.” The statute also applies to injuries which arise through medical malpractice cases.

Another Connecticut law addresses the statute of limitations for wrongful death claims. Just like personal injury lawsuits, claims need to be filed within two years of the victim’s death.

Consult with a Connecticut Personal Injury Attorney Today

The law does make some exceptions to these two year statutes, and a skilled attorney will be well-versed on those exceptions. If you or a loved one has been injured in catastrophic accident, contact an experienced Westport personal injury attorney to discuss your legal options.

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