Archive for March, 2010
Post Traumatic Stress Disorder May Not Be Recognized for VA Benefits
Not many Veterans realize that PTSD may not be recognized for benefits: a strange state of affairs indeed.
“PTSD, otherwise called post traumatic stress disorder, is a member of the family of anxiety disorders. It typically develops after a difficult or terrifying incident: a car accident, child abuse, murder and rape, or war experience in the trenches,” explained Michael G. Smith, an Arkansas injury lawyer and Arkansas veteran’s benefits lawyer, practicing personal injury law in Arkansas. The way it usually manifests itself is by giving the body it bedevils a continuous loop of the event over and over – a flashback – often accompanied by emotional detachment.
One thing to understand about PTSD is that a traumatic incident need not happen directly to a person who suffers from this. It may instead happen to witnesses of horrific events. PTSD is quite common in high risk occupations such as police officers, ambulance attendances, EMS personnel, SWAT personnel and war veterans. “They amount of horror and destruction they have witnessed knows no bounds, and they’ve seen brutal sights they live with daily,” added Smith.
While there is treatment available for PTSD, the VA seems to go out of its way to make it difficult for veterans to receive compensation, except in the most obvious cases. “Let’s consider the example of an infantryman who steps on a landmine and loses at least one limb while in combat. The VA would likely award benefits in a case such as this, and do it fairly quickly,” Smith pointed out.
“Unfortunately, if the PTSD is a result of traumatic experiences in the battlefield and the veteran gets out alive and without major injuries, the VA has been known to deny their claim because PTSD is not as obvious as a physical injury, although there are psychological tests for it. In reality, the vet may desperately need psychological/psychiatric help to handle what they have seen. When the VA says no, this is a wrongfully denied claim that the veteran is entitled to have approved,” stated Michael G. Smith, an Arkansas injury lawyer and Arkansas veteran’s benefits lawyer, practicing personal injury law in Arkansas.
This isn’t the only problem with PTSD and returning war veterans making claims. The system itself is so convoluted and complex that very few attorneys want to practice in this area. Instead of taking months to resolve claims in the VA system, it could end up taking years. This is just one of the major reasons to consult with a skilled veteran’s benefits lawyer.
Learn more by visiting http://www.Arkansaslawhelp.com
Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits law in Arkansas. Learn more by visiting http://www.Arkansaslawhelp.com
Talking on Cell Kills Senior Driver
People never seem to think that driving while talking on a cell phone may cost them their lives. This man found that out the hard way.
There are a lot of people who feel seniors should not have a driver’s license due to their many medical conditions, some of which include heart problems, poor eyesight and possible early onset senility.
“While this case does involve a senior, it’s not the age that is at issue in this fatality. It was the fact that he was talking on a cell phone that caused the horrific crash,” outlined Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law in Little Rock, Arkansas.
Perhaps more to the point these days is not so much a person’s age anymore, but whether or not they have the ability and willingness to pay attention to their driving. In other words, be smart enough to not do something like talk on a cell phone, text or adjust radio dials while they are driving.
In this unfortunate incident, 75-year-old Stan Skags (name has been changed to protect the victim) was tooling along the highway in his Sebring convertible – a much cherished car. “He did stop at the stop sign on his road and the one he was going to turn on to, but even after having obeyed the sign, he pulled right in front of a Chevrolet Silverado,” said Smith. The Silverado hit the driver’s side of the car so hard; its bumper totally crushed the door inside the car. The Silverado didn’t have a stop sign.
When the police and EMS crews arrived, they pronounced Skags at the scene. “It was shortly after they determined he was dead that they found his cell phone which indicated it had been in use at the time of the crash,” Smith commented. The woman driving the Silverado was taken to hospital in pain, with unspecified injuries.
While local residents say that particular intersection needs a four-way stop sign, it is painfully obvious that in this case, it may not have made any difference to the fatal outcome. “Being on the cell phone at the time of the collision says quite plainly that the Sebring driver was distracted and not paying attention. Nonetheless, the driver of the Silverado may have a very good personal injury case against the driver of the Sebring,” added Smith.
Don’t wait to speak to a qualified and seasoned Arkansas injury lawyer, as time is of the essence in cases such as this. There is much to be done from gathering evidence to combing through police reports. Find out what kind of case may be made based on an assessment of the facts. Then trust in the Arkansas injury lawyer to make sure justice is served.
Learn more by visiting http://www.Arkansaslawhelp.com
Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting http://www.Arkansaslawhelp.com
Single Vehicle Crash Causes Death and Serious Injuries
Seatbelts do save lives, but only if people choose to wear them. This case confirms that.
In this particular case, Deena Ricard (names have been changed to protect the victims) and her 21-year-old daughter were on their way home from a day out. For some unknown reason, Ricard lost control of her car, was ejected from the vehicle and sustained fatal head injuries.
Prior to emergency services crews arriving on the scene, an off-duty nurse and police officer happened on the scene and administered first aid to both of the victims. Unfortunately, Ricard was pronounced at the scene, while the daughter was taken to the nearest hospital to have her injuries treated. Thankfully, they didn’t appear to be life threatening on first glance.
The important thing to note though is that just because an injury doesn’t look serious at first blush, complications may arise later. For instance, whiplash is a silent injury, as no one can really see it, but it can cause untold pain and agony and other problems later. In addition, external bruising may only be a minimal indictor of internal trauma, and traumatic brain injury is a real concern in car crashes.
According to the police report, neither passenger in the single vehicle crash was wearing seat belts. They don’t know if alcohol or any other intoxicant was a factor or not, and blood tests were called for on Deena Racine. What is also not known is if the driver was on a cell phone talking or even texting, or doing something else that caused her to lose control of her car.
Even though the daughter in this case was apparently not seriously injured, that really won’t be determined until later when she has been completely assessed by a doctor. In the meantime, she would be best advised to speak to an Arkansas injury lawyer. If the young daughter had a place of her own, children, a husband and a job, she may be entitled to compensation for lost wages, medical expenses, and other related expenses such as tests, counseling and therapy.
If you find yourself in a situation like this, don’t hesitate to call on an experienced Arkansas injury lawyer. You need to know what your rights are, how the system works, and what you may and may not be able to recover in terms of compensation for any personal injuries.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting Arkansaslawhelp.com
Ignoring a Red Light Killed His Brother
Accidents happen anytime, anyplace and anywhere. A driver’s negligence may kill another person, requiring the services of an Arkansas injury lawyer.
Just when you think you’re doing OK, driving along minding your own business, you are involved in a major car crash; a crash that kills your brother. This happened because you ignored a red light. In reality, this accident should never have happened, but for your negligence in not obeying traffic signals.
Eddy and Freddy Kroger (names have been changed to protect the victims) were in their 2002 Dodge pickup and traveling east on Main Street. As Eddy got near the local intersection of Main Street and the highway he was going to take to get home, he (for some unknown reason) ignored the red traffic light. In doing so, he turned right into the path of oncoming northbound traffic.
By then, it was too late for Eddy to do anything, as his truck was struck by a 2007 Volvo tractor trailer. The big rig hit so hard it pushed the Dodge pickup into another 18-wheeler with a load of windows on it. Even though the Volvo tractor trailer tried to avoid this fatal accident, he had no time to stop and no place else to go to get out of the way. In trying to miss the Dodge, the Volvo trucker also hit another car at the red light intersection.
When the dust settled, the Dodge driven by Eddy Kroger was sandwiched between the 18-wheeler and the delivery truck carrying a load of windows. The right side of the truck was completely caved in. Even though EMS crews worked quickly to free the brothers, Freddy was pronounced at the scene. Eddy was taken to hospital with serious injuries. The Volvo driver and the delivery truck driver were not injured, but their vehicles were damaged.
Multi-vehicle collisions are difficult for anyone to survive, particularly when they involve big rigs. In this case, since the Dodge truck driver was at fault by turning right in front of oncoming traffic because he ignored a red light, the Volvo driver and delivery truck driver may be able to sue for property damages. Freddy’s family will be able to sue for wrongful death. Family or not, Freddy’s death left them without a husband, father, brother, uncle and friend.
If you have been involved in a similar accident, or even in a two vehicle crash, seek the advice of an experienced Arkansas injury lawyer. Find out what your rights are and if there are grounds to proceed to file a lawsuit, don’t wait too long or the Statute of Limitations may run out.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting Arkansaslawhelp.com
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