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How can a pain pump harm me?
A pain pump is a medical device that permits the patient to self-administer an anesthetic medication (usually Bupivacaine) intra-articularly (i.e. joint space) in the glenohumeral (shoulder) joint following surgery. The medication is infused from the pain pump to the shoulder joint via a catheter which is surgically implanted in the joints following an arthroscopic surgery. The medication, when infused into the joint space, may cause Postarthroscopic glenohumeral chondrolysis (PAGCL). This condition currently has no effective treatment. Most affected patients ultimately must consider some type of glenohumeral arthroplasty (i.e. prosthesis). Symptoms of PAGCL may include:
- Increasing pain (both at rest and more so with motion);
- Decreasing active range of motion;
- Crepitus (clicking, grinding or popping of the joint).
The Law Firm of Daniel English has extensive experience in dealing with matters such as this and provides a free consultation if you believe that this could have happened to you.
Is there a statute of limitations when filing a personal injury lawsuit?
The statute of limitations is three years for automobile accidents and two years for slip and fall and general negligence.
What if the exact cause of the accident is unclear?
If you believe the matter could have been the result of another’s negligence, you should retain an attorney who will investigate the details of the incident and determine whether or not the case is worth pursuing. The Law Office of Daniel English hires an accident reconstruction expert to analyze the details. They assist him with the investigation and in rendering an opinion that determines the cause that then assesses the viability and appropriateness of a lawsuit. Your notes and details as you see them are important in this. You should write down everything that you can recall immediately following the accident and maintain as accurate information as possible.
What is the value of my case?
There is no mathematical equation or formula that can be applied to determine the value of a claim. There are many factors that must be considered in this evaluation to include the seriousness of injuries, permanency of the injuries, scarring and disfigurement, prior medical history, physical and mental pain and suffering, age and occupation, the financial assessment of the medical bills and loss of earnings and more.
How long does it take to settle a case?
This largely depends on the seriousness of the injuries. Daniel English will not settle a case until he is satisfied that his clients have reached their maximum medical improvement. The reason for this is that once a case has been settled, it may not be re-opened at a later time or after it has been determined that not all of the injuries were known at the time of settlement. The time taken for a personal injury settlement is on a case by case basis. Some settlements come as early as three months, while others, particularly those allowing for recovery time, have been known to take as long as two years.
How is a claim for personal injury or wrongful death established?
By a preponderance of evidence that indicates that injuries, damages or losses were suffered as a direct result of the negligence of a third party.
What compensation can you claim in these matters?
You may be entitled to compensation for:
- Physical and mental pain and suffering
- Disability
- Loss of earnings (past and future)
- Medical expenses (past and future)
- Scarring and disfigurement
- Property damage
- Emotional duress
- Inconvenience of life
- Permanency
- Travel and transportation
Can anyone bring a wrongful death lawsuit?
The surviving spouse of the decedent has priority over others in bringing action. If the spouse elects not to pursue a wrongful death lawsuit, the decedent’s heirs may then initiate a lawsuit. A spouse and heirs may join in an action jointly for a wrongful death lawsuit.
When applicable (i.e.: car accident), how long after an incident do I have to report it to the authorities?
It is preferable that a police officer be summoned to the scene, however, if that is not possible, you have 24 hours to file an incident report.
May the outcome from a traffic trial be used as evidence in a civil lawsuit?
No.
Review some basic Do's and Don't's relating to Personal Injury Lawsuits and Wrongful Death Lawsuits.
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