MTBI: An Often Overlooked and Undiagnosed Injury

As a law firm that handles numerous personal injury, pedestrian and auto/vehicle related cases, we see that the most common injuries sustained in moderate accidents fall under the category of soft tissue or muscles related injuries. However, there are often other subtle injuries that are more difficult to detect because they do not easily appear on X-rays or scans, and may not be noticed for some time after the incident. A mild traumatic brain injury is one of these.

A traumatic brain injury (TBI) can be classified as mild if loss of consciousness and/or confusion and disorientation is shorter than 30 minutes. While MRI and CAT scans are often normal, the individual has cognitive problems such as headache, difficulty thinking, memory problems, attention deficits, mood swings and frustration. These injuries are commonly overlooked. Even though this type of TBI is called “mild,” the effect on the family and the injured person can be devastating.

Other Names For Mild TBI include:

Concussion
Minor head trauma
Minor TBI
Minor brain injury
Minor head injury
Mild Traumatic Brain Injury is:

Most prevalent TBI are often missed at time of initial injury. In fact, studies have shown that about 15% of people with mild TBI have symptoms that last one year or more. A mild TBI is defined as the result of the forceful motion of the head or impact causing a brief change in mental status (confusion, disorientation or loss of memory) or loss of consciousness for less than 30 minutes. Post injury symptoms are often referred to as post concussive syndrome. Some common symptoms of a mild TBI include:

Fatigue
Headaches (including Migraines)
Visual disturbances
Memory loss
Poor attention/concentration
Sleep disturbances
Dizziness/loss of balance
Irritability-emotional disturbances
Feelings of depression
Seizures

Other Symptoms Associated with Mild TBI may include:

Nausea
Loss of smell
Sensitivity to light and sounds
Mood changes
Getting lost or confused
Slowness in thinking

These symptoms may not be present or noticed at the time of injury. They may be delayed days or weeks before they appear. You may notice the onset of headaches or other symptoms some time after an accident. The symptoms are often subtle and are often missed by the injured person, family and doctors. It is not uncommon for the person to look normal and often move normal in spite of not feeling or thinking normal. This can make the diagnosis easy to miss, and often requires specialized medical care for a full diagnosis. Family and friends often notice changes in behavior before the injured person realizes there is a problem. Frustration at work or when performing household tasks may bring the person to seek medical care.

If you’ve been in a vehicle related or other accident, don’t overlook what you believe to be mild symptoms – it could be something much more serious than you anticipated. If you feel that you’ve suffered personal injuries as a result of someone else’s negligence or carelessness, don’t hesitate to contact us for a free consultation with an attorney who would can discuss your case with you, patiently and in detail.

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Too Broke to File Bankruptcy? We can help…

This year, hundreds of thousands of Americans are expected to be too broke to file for bankruptcy, CNNMoney reports.

The average cost to file for Chapter 7 bankruptcy protection, the most common form of consumer bankruptcy, is more than $1,500, according to recent research submitted to the National Bureau of Economic Research.

As a result, anywhere between 200,000 and one million consumers are estimated to be unable to afford to file bankruptcy this year, when it may be their only option for debt relief and a truly fresh start. The research, conducted by a group of professors from Columbia University, the University of Chicago and Washington University in St. Louis, examined how bankruptcy filings spiked after people received their tax rebates in previous years. They estimate that another 200,000 consumers, who would otherwise not have enough money to file, will use their tax refunds to pay for bankruptcy this year.

As a result, for lots of people, bankruptcy has been taken off the table as an option because of the severe fees involved. Among those fees is a charge of about $300 just for filing the paperwork with the federal court. And there are other expenses on top of that, including fees for mandatory pre-bankruptcy credit counseling and a pre-discharge debtor education course. These average about $85 altogether, according to a recent study sponsored by the American Bankruptcy Institute. That means many of the Americans who have seen their debt snowball out of control due to events like job loss, divorce, foreclosure or a medical emergency during the economic downturn are now left without their last financial lifeline. Having an attorney that understands the difficult position their prospective clients might be in is therefore critical to a successful and stress-free fresh start.

As most people who are in financial distress understand, it becomes harder and harder to pay off the debt as interest payments get higher, so your debt grows larger and larger. The cost of filing for bankruptcy has risen in recent years as a result of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which aimed to reduce the number of bankruptcies taking place by adding more requirements to the filing process — including additional paperwork and the credit counseling and debtor education.

While the bankruptcy rate has fallen slightly since the law took effect — from a rate of 1.4% in 2004 to 1.3% last year — the average income of bankruptcy filers has increased, the NBER study found. The findings indicate that the new requirements are pricing out many of the consumers who are least able to afford the fees, said Wang. It ends up being the relatively better off, or middle-class consumers who can actually afford to file, and the people with lower incomes can’t afford to file. This defeats the purpose of bankruptcy relief, and prevents those who need the help from actually getting it.

It’s not that attorneys are greedy or selfish, but more a matter of changes in the law that require the attorneys and their staff to do more paperwork, and engage in a more complicated filing process. As a result, since changes in the law it can take an attorney about twice the amount of time it previously required to file a bankruptcy petition.

While most attorneys and firms do not offer flexible payment options, Jassim & Associates does. We can offer creative payment options that will not cause you further stress, and will get you the help you need. Given the financial realities that those who need to file a bankruptcy face, we understand that in order to help our clients, we have to assist in facilitating bankruptcy relief – instead of being yet another obstacle to a fresh start.

Think twice before you decide to go it alone. Filing on your own is not an easy process. If you make a mistake and your case is dismissed a dismissed bankruptcy hurts your credit just as badly as one you complete. So you have all the downside without the benefit of a fresh start.

If you are considering filing for bankruptcy, you should also be warned against low-cost document preparation services claiming to help consumers fill out necessary documents. It’s easy for consumers to think they’re getting sound legal advice even though the preparers aren’t lawyers. Our firm not only advises on whether or what type of bankruptcy is appropriate, we handle your creditors and will guide you through the process as your attorneys, each step of the way. We can stop the harassing bills and creditor calls, and help free your mind from the stress and worry that some nasty creditors pride themselves on. We are also experienced in opposing any challenges or objections a creditor may have to your bankruptcy, whereas a document preparation service may abandon you in the middle of the process.

If you have bills and debts that you are struggling to pay, or if you find that most of your income is going to service debts that you are unlikely to ever be able to repay while little if anything is left for you or your family to live on, give us a call for a free consultation with an attorney who can answer all your questions and help you decide your best and quickest way to a fresh, debt free future!

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Employees Manage Breaks, Not Employers

The California Supreme Court on April 12, 2012 stated that employers are under no obligation to ensure that workers take legally mandated lunch and rest breaks. The ruling came after workers’ attorneys argued that abuses  are routine and widespread when companies aren’t required to issue direct orders  to take breaks.

The Court sided with business when it ruled that requiring companies to order breaks is unmanageable and that those decisions should be left to workers. The case was initially filed nine years ago against Brinker International, the parent company of Chili’s and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

In 2001, California became one of only a few states that  impose a monetary penalty for employers who violate meal and rest break laws, requiring the employer to pay one hour of wages for a missed half hour-meal break. There is no federal law requiring employers to provide such breaks.

Given the uncertainty over the law’s requirements, many California businesses have implemented internal policies designed to make certain (and require) that employees take their breaks.

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Do you have “enough” insurance? The importance of uninsured/underinsured coverage.

Most reasonable and responsible citizens carry at least the minimum required liability insurance, if not more than the minimum. The general rule of thumb has been to carry enough liability insurance to cover the value of your assets. While that is a good place start, the reality is that protecting your assets just may not be enough.

Consider this: You carry a $100,000 liability auto policy, with $100,000 UIM (uninsured/underinsured limits). In case you were not aware, you cannot obtain UIM coverage in excess of the amount of your own liability limits.

Now, assume an auto accident occurs and YOU are injured through little or no fault of your own. Your medical expenses are almost 6 figures, and you will need some long term care. The other driver has $50,000 policy limits and no other assets to collect upon.

Under that scenario, your maximum recovery would be $100,000. You could recover the other driver’s maximum of $50,000, plus an additional $50,000 from your own insurance policy.

Unfortunately, $100,000 is not going to cover your expenses in the long term, or possibly even the short term.

Now, for only a couple hundred dollars more per year, you could have obtained a $500,000 or even $1 million liability and UIM policy. Under the previous hypothetical, if you had higher limits you could have recovered $50,000 from the other driver, plus up to an additional $950,000 from your own policy – for a total of $1 million. Now, assume the other driver had the California State mimimum of $15,000. In that case, you could recover $15,000 from the other driver’s policy, plus up to $985,000 from your own policy if your injuries and damages justified a maximum recovery.

So, when you are thinking about purchasing an auto policy, or if it is time to renew, don’t simply consider what limits you need to “cover your assets”, but also consider that you may be faced with the very real possibility of being injured by someone without adequate coverage, or assets. If that happens, you should be prepared with sufficient liability and UIM coverage of your own.

When it comes to your life, and the life of your loved one’s, you do not want to take the gamble that the stranger about to collide with you has the right policy to cover you.

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Jassim & Associates, APC

Jassim & Associates was founded by attorney Pajman Jassim, as a law firm focusing on litigation and trial practice. We represent clients in a full range of matters, including: Personal/Serious Injury, Employment Law, Products Liability, Business Law, Trusts & Estates, Family Law, and Criminal Defense. We have successfully tried, arbitrated, mediated, and settled many significant cases throughout California – in each practice area. Unlike many other law firms, we believe that to have the best opportunity at obtaining justice for our clients, we must be prepared to fight on their behalf all the way through trial. Of course, we also welcome reasonable opportunities for settlement or a resolution out of court – if that is in the best interests of our clients – but unlike other attorneys, once we’ve accepted representation, we are prepared to relentlessly fight for our clients’ right to justice.

Because we are experienced in many practice areas, we are also able to advise our clients with an understanding and appreciation of legal and business issues beyond the short term issues our clients are facing. Our unique experience and perspective allows us to provide our clients with the personalized attention expected of a small firm, but with the ability to handle significant cases.

Although our offices are located in San Diego, California, we handle cases throughout the State. Quite often we also associate with distinguished Trial Attorneys throughout the United States.

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