St. Cloud Personal Injury Lawyer - Brain Injury

Questions to Ask a Potential Lawyer in a Brain Injury Case

Mike Bryant — Fri, 25 Sep 2009 13:00:00 GMT

I saw this list when Injuryboard member Timothy Smith originally answered these questions. His answers demonstrate a lawyer that people in his area should be talking to when they are injured. As Tim explained:

Lay people sometimes have a tendency to see lawyers as a sort of multi-function tool. As though any lawyer has the training and skill to perform any needed task. In fact, the legal world is highly specialized, and just as one would not go to a dermatologist for open heart surgery, one should seek appropriate counsel for specialized legal tasks. Traumatic brain injuries often call for an attorney with a specialized legal skill-set. Some clients who have survived a brain injury need an attorney family law, estate planning, or even criminal law experience. With an eye toward these concerns, the BIAA has presented a brief guide to selecting appropriate counsel for brain injury survivors.

These are questions that you or your family should be asking a potential lawyer. Here is how my firm would answer these questions:

Who else in your practice would you involve in my case? What role(s) would these people have? Describe their background and expertise. You would have 4 different attorneys working on your case - together- as a team. My background includes 18 years representing individuals with brain injuries, and my partner Joe Crumley has 22 years. In addition to our associate attorneies, we also work with five paralegals, all of whom have experience working with brain injured clients and their families. Two of them have been with the firm for over 25 years and have attended seminars and conferences on the topic. I am presently the President of the Minnesota Association for Justice and Joe was the President two years ago. Our web site cantains more details on our qualifications.
Who will be my primary contact with your practice? Either I or Joe will always be the primary contact and you will be able to contact us by phone or email 24/7.
Are you or your law firm able and willing to advance as much as $50,000 in the investigation, preparation and presentation of my case? Yes, we will spend what is necessary in your representation, but will not waste money. Costs are all amounts that we pay outside of the office for things like investigation, experts, medical records and reports. We will hire the necessary experts to help prove your case. We have spent substantial amounts in cases in order to insure the best possible representation.
How much of your practice is devoted to personal injury? Joe practices 100% in personal injury. I still do a little bit of criminal defense.
Of your personal injury cases, how many are devoted to brain injury? I would estimate that approximately 10% of our current files involve a brain injury. We have taken over cases from other attorneys and even earlier doctors treatments and found that the injury was never asked about or recognized. Thus, we have established a procedure to always be on alert for these type of injuries.
What results have you achieved? The firm holds the top rating or [AV] from Martindale-Hubbell. I have been a top 100 and top 40 personal injury "Minnesota Super Lawyer" by Minnesota Law and Politics magazine on multiple occasions. Joe has been a Super Lawyer most years and also won the top settlement for Minnesota and eastern Wisconsin for a motorcyclist with a brain injury.
What have you worked on in the past six months? The last six months each of us has worked on significant brain injury cases. We also have taught seminars and written articles for the Minnesota Association for Justice.
What special training or education do you have specific to brain injury or benefits that people can get after brain injury. The experience of representing injured people across Minnesota for a number of years. We have also attended many medical and legal training seminars on the subject. Joe and I continue to share experiences with other lawyers and doctors in this field through teaching and lecturing.
What is your involvement with legal associations, local, state or national brain injury associations or other organizations? We have each dealt with the brain injury organizations as we have represented brain injured clients. Our involvement with the Minnesota Association of Justice, our trial lawyers association, is unmatched. Joe and I have spent a great deal of time in all aspects of the association, culminating in our respective presidencies.
How do you stay up to date with personal injury law and brain injury issues? We read the medical literature, attend and teach continuing education courses and also learn much through the continued representing of clients. We talk to experts and treating physicians almost daily.
How did you first become involved in brain injury cases? As with most of what we do, it started with the representing of a client. Early in my career, I helped John Bradshaw, my boss at the time, represent a brain injured person. John went to a conference in Texas and came back with loads of material which he turned over to me. I spent a lot of time researching and reviewing this literature, and that was my start representing brain injured folks.

The lawyer you hire will and can make a difference. The key is asking the right questions and looking for a firm with the experience and caring to represent you properly.

Originally posted at InjuryBoard by Mike Bryant

St Cloud Child Hit By Car Is Recovering Well

Mike Bryant — Wed, 16 Sep 2009 09:56:00 GMT

I've written a number of times about children being hit by cars. Yesterday there was the story about the 4 year old from Duluth that was hit and killed. Injurybaord member, Steve Lombardi has covered the pedestrian's being hit topic a number of different ways. Many of those cases also end in tragedy.

It was heartening to read about the recovery of a St Cloud 7 year old. He still has some very sever injuries and a long ways to go, but it truly is great to see this kind of improvement. According to the St Cloud Times:

Therapy and school fill his days. He works with physical and speech therapists.

Knowing that with more progress he’ll be able to go home, Ian constantly wants to walk and push the recovery faster. He moves in slow motion, walking the halls carefully, taking in scenery as he moves about the hospital.

When asked a question, his face shows his mind working through the information and it takes a minute for him to answer. He’s found that a simple thumbs up is a faster and easier way to affirm a statement than a verbal “yes.”

Children are amazing at the way they can heal. Hopefully, the family will continue to gain strength with these advances.

Originally posted at InjuryBoard by Mike Bryant

Duluth 4 Year Old Killed After Being Hit By SUV

Mike Bryant — Tue, 15 Sep 2009 09:40:00 GMT

This morning, a Duluth 4 year old that was hit Saturday night by a SUV, died in St Mary's hospital. A sad case which the police are still trying to find the cause. The tragedy happened on Grand Avenue near 92nd Avenue W. Sympathy goes out for all of those involved.

It is important that we teach our kids to be safe in and around the roads. But as drivers we really need to watch out. Everyone has had a child run out from time to time, but by being alert and not speeding through residential areas, we save each case from being a tragedy.

Chrissy Cianflone, spokeswoman for Safe Kids USA in Washington, D.C. reports that 600 children die in pedestrian accidents annually and in addition 38,500 children are injured, suffering everything from bumps and bruises to traumatic brain injuries.

City of Madison Department of Transportation Traffic Engineering Division gives us this great list:

1. Give your child only as much independence and responsibility as s/he can handle safely. Throughout childhood, children slowly develop the cognitive, perceptual and sensory skills necessary to be safe in traffic.
2. Remember that each child is unique. Do not base rules for one child on those for siblings, cousins or neighbors. Children of the same age may require different levels of supervision in traffic.
3. Evaluate your child's behavior out of traffic. Is s/he impulsive? Does s/he stop to think before acting? Destructible? Can s/he sustain attention on something important? Is s/he a risk-taker? It is likely that your child's behavior in traffic will resemble behavior out of traffic.
4. Consider any limitations your child has and how these might influence his or her behavior in traffic. For example, does your child have vision problems? Hearing impairment? Cognitive or judgment limitations? Physical handicaps?
5. Give your child practice in traffic. Frequent supervised experiences can help children develop good traffic safety habits.
6. Teach your child the rules of walking and bicycling safety as you encounter traffic situations. Ask your children to repeat rules back to you.
7. Do not assume your child will follow the rules just because s/he can verbalize them. Let your child lead you in traffic to help you assess how well s/he follows the rules. Set up situations with your child in which you shadow him/her (walk 10-15 feet behind) to allow semi-independence.
8. Grant independence in small steps to see how your child handles it. For example, let your child progress from playing in front of the house to playing on the block, to walking around the block, to crossing one street, etc.
9. Always model appropriate traffic safety practices yourself, whether you are walking, bicycling or driving! Children learn from important people around them.
10. Be a careful driver, watch for children who may not yet have developed good traffic safety habits. Their safety is in your hands.

Hopefully everyone that reads about th story will be careful out there and SLOW DOWN.

Originally posted at InjuryBoard by Mike Bryant

Too Many Kids Are Getting Hit By Cars

Mike Bryant — Sun, 05 Jul 2009 09:48:00 GMT

Injuryboard member Steve Lombardi has been doing a great series of blog posts on the many ways pedestrians have been getting hit. Hopefully, the posts will increase both driver and pedestrian awareness.

But what about children? Sure, we need to teach our kids to be safe in and around the roads. But as drivers we really need to watch out. Everyone has had a child run out from time to time, but by being alert and not speeding through residential areas, we save each case from being a tragedy.

City of Madison Department of Transportation Traffic Engineering Division gives us this great list:

1. Give your child only as much independence and responsibility as s/he can handle safely. Throughout childhood, children slowly develop the cognitive, perceptual and sensory skills necessary to be safe in traffic.
2. Remember that each child is unique. Do not base rules for one child on those for siblings, cousins or neighbors. Children of the same age may require different levels of supervision in traffic.
3. Evaluate your child's behavior out of traffic. Is s/he impulsive? Does s/he stop to think before acting? Destructible? Can s/he sustain attention on something important? Is s/he a risk-taker? It is likely that your child's behavior in traffic will resemble behavior out of traffic.
4. Consider any limitations your child has and how these might influence his or her behavior in traffic. For example, does your child have vision problems? Hearing impairment? Cognitive or judgment limitations? Physical handicaps?
5. Give your child practice in traffic. Frequent supervised experiences can help children develop good traffic safety habits.
6. Teach your child the rules of walking and bicycling safety as you encounter traffic situations. Ask your children to repeat rules back to you.
7. Do not assume your child will follow the rules just because s/he can verbalize them. Let your child lead you in traffic to help you assess how well s/he follows the rules. Set up situations with your child in which you shadow him/her (walk 10-15 feet behind) to allow semi-independence.
8. Grant independence in small steps to see how your child handles it. For example, let your child progress from playing in front of the house to playing on the block, to walking around the block, to crossing one street, etc.
9. Always model appropriate traffic safety practices yourself, whether you are walking, bicycling or driving! Children learn from important people around them.
10. Be a careful driver, watch for children who may not yet have developed good traffic safety habits. Their safety is in your hands.

Be careful out there and SLOW DOWN.

Originally posted at InjuryBoard by Mike Bryant

Doctors Will Be Looking At Potential Head Injury With Billy Mays' Death (Updated 07/02/2009).

Mike Bryant — Mon, 29 Jun 2009 00:34:16 GMT

We saw it with Natasha Richardson. A death after suffering what seemed like a inconsequential head injury. In that case, there is no doubt that she needed immediate medical care. Apparently, on Saturday Billy Mays hit his head when he was involved in a very bumpy plane flight. That night he went to bed not feeling well and the next morning he was found dead. Much more will need to be found out about what happened and if there is a link. Doctors are now opining it was heart disease. But, if nothing else this may again remind people about the importance of checking out head injuries.

The issue that was important to keep in mind following the Richardson's death, is that it wasn't immediately obvious. She struck her head and got up like nothing was wrong. People who fall are embarrassed and feel dumb for having fallen. What doctors have found is that with injuries to the brain there will be swelling and bleeding. There simply isn't enough room inside the skull. The resulting damage to brain tissue will be irreversible and can lead to death if it goes unchecked.

Any person concerned about a head injury should get into the doctors and be looked at thoroughly and immediately. Wayne Parsons, a fellow Injuryboard member, covered why in a way that all people should take the time to read.

Sympathy goes out to the Mays family and friends. He will be remembered as a consummate pitchman that seemed to love his work. Hopefully, many people will remember and learn from his passing.

Originally posted at InjuryBoard by Mike Bryant

Driver Was Drunk And It Can Happen To Anyone

Mike Bryant — Tue, 16 Jun 2009 23:21:31 GMT

Joe Crumley covered the start of the story yesterday, of the man who was killed when he was waiting at a bus stop and hit by a car. It's now clear that the driver, that jumped the curve, was drunk. But look at what the Minneapolis Tribune tells us about her.

Saturday started out as a joyous night for Kirsten Driscoll as she celebrated her daughter's high school graduation at a party in St. Paul's Crocus Hill neighborhood.

But just after midnight, Driscoll's life as a wife, mother and volunteer from Minneapolis' affluent East Isles neighborhood took a drastic turn. Authorities said that at 12:11 a.m. Sunday, while driving drunk, she crashed into a pedestrian and a Metro Transit bus shelter at E. Lake Street and 39th Avenue S.

This has to be a wake up call for everyone. This is a tragedy for the man's family, as he was removed from life support today and for the family members of the driver. Those innocent individuals will all suffer forever and our condolences go out to all of them.

Please read this and remember that it is never safe for anyone to Drink and Drive.

Originally posted at InjuryBoard by Mike Bryant

Minneapolis Man Critically Injured; Defendant Probably Drunk

Joe Crumley — Mon, 15 Jun 2009 09:53:03 GMT

Christopher Iverson, a 48-year-old south Minneapolis resident, was critically injured at a bus stop early Sunday morning, according to a Star Tribune report. Iverson was chatting with a woman at the bus stop, Cheryl Gouge, when the defendant driver drove up over the curb and literally knocked him out of his shoes. At least one witness reported the defendant smelled of alcohol, and Minneapolis Police department spokesman Sgt. William Palmer said alcohol was believed to be involved.

Iverson had ridden his bike out an errand, and had apparently just walked Ms. Gouge to the bus stop when the tragedy occurred.

Iverson, a 48-year-old south Minneapolis resident, was in critical condition Sunday at Hennepin County Medical Center with brain damage and other injuries, said his brother-in-law, Bill Breeggman. Family members expect to decide soon whether to remove life support.

The defendant has been arrested and taken into custody. Minneapolis police report that blood alcohol results will take a few weeks, probably because they are relying on blood or urine testing, which must be processed by the Minnesota Bureau of Criminal Apprehension (BCA). Breath Test results, which are quicker, have been put into legal limbo by Supreme Court rulings.

Early investigation wil be crucial. Police investigation will center around Criminal proof. A civil investigation would also look at the alcohol consumption. If a bar or liquor store illegally served alcohol to the defendant, there may be civil dram shop liability in addition to the fault of the drunk driver. Drunk drivers are often uninsured or underinsured, so an insurance investigation will also be important.

Our thoughts certainly go out to Mr. Iverson and his family.

Originally posted at InjuryBoard by Joe Crumley

Great Information On Brain Injuries

Mike Bryant — Sat, 06 Jun 2009 09:58:00 GMT

Over time, we have represented a number of clients with traumatic brain injuries. Depending on the level of the injuries, they can be some of the most tragic cases we are involved in. Teenagers who will never be able to leave home, heads of the household who are forever residents of nursing homes, and single individuals who no longer are able to do their occupations.

Over time, it has been hopeful to see the advances on the medical side. While there still seems to be unlimited questions to be answered, it's clear that the medical providers who are devoting whole departments to the issue are seeing more and more advances.

Recently, I came upon the Medline Plus website and its tutorials on brain injuries. The site also has a number of articles that discuss the issue on the personal and on the clinical level. Taking the time to review these sites will give friends and family members important background in understanding the injury.

Hopefully, we will see continued improvement in the research and development. Until then, hopefully this additional information will help.

Originally posted at InjuryBoard by Mike Bryant

Insurance Statements: Talk To An Attorney First

Mike Bryant — Wed, 22 Apr 2009 09:51:00 GMT

It's amazing how many times I hear about adjusters calling people in emergency rooms, showing up at the scenes, dropping in unexpectedly, or calling, calling, calling. They are aggressive in ways that would make the mythical "ambulance chaser" blush. Why they do it was covered quite thoroughly by Injuryboard member Steve Lombardi in a post last year.

What should you do if you are asked to give a statement?

Think about why it's being done.
Ask yourself how important the issues are to you.
Protect you and your family if you have been in a collision.
Call an experienced lawyer and ask about your rights.

I talk to people all the time after they have been in both small and big accidents. I sit down with them and explain their rights and do this without charging anything. It is vital that you understand the full picture before you watch the nice insurance investigator severely change your case. I don't think the insurance companies steal from you, but they really are in the business of protecting their money. Make sure that you protect you. It's what we do for people all the time.

Originally posted at InjuryBoard by Mike Bryant

Celebrity TBI Death Hopefully Will Get The Word Out

Mike Bryant — Sat, 04 Apr 2009 09:12:00 GMT

The recent death of Natasha Richardson is a tragedy. To basically be skiing on the bunny hill and never come home is senseless. Hopefully, the incident will make people aware of the dangers of traumatic brain injuries (TBI) and how fragile life can be.

Over time, I have represent a number of clients with TBI injuries. These are tragic injuries that still require a lot more study. As I covered in a previously discussed in a blog about sports injuries, we need to make sure that our children are well protected against these types of injuries.

The other issue that is important to keep in mind following Richardson's death, is that it didn't happen immediately. She struck her head and got up like nothing was wrong. It's not unusual at all that people who fall are embarrassed and feel dumb for haven fallen. What doctors having found is that with this type of injury the brain will start to swell and bleed. There isn't enough room inside the skull. The resulting damage to brain tissue will be irreversible and can mean death.

Sympathy goes out to Richardson's family and friends. She will be missed for the roles she played. Hopefully, many people will learn from it.

Originally posted at InjuryBoard by Mike Bryant