Serious Personal Injury Lawyers Blog | Chaikin, Sherman, Cammarata, & Siegel P.C.

Partner Allan M. Siegel Gets Full Policy Limits In A Case Involving A Mild Closed Head Injury

noreply@blogger.com (Biera Campbell) — Wed, 01 Jul 2009 13:24:00 +0000

On June 24, 2009 a Montgomery County Circuit Court jury awarded $100,000 to a man who suffered a mild closed head injury as a result a car crash which occurred in Silver Spring, Maryland. Our client was proceeding through an intersection on a green light, when the Defendant ran a red light, striking our client’s vehicle on the driver’s side door. There was extensive damage to our client’s vehicle and he was trapped inside his car for approximately 30 minutes until the emergency medical technicians cut him out. He was taken to the hospital by ambulance where he was diagnosed with a mild closed head injury, (or concussion) without loss of consciousness. Shortly after the accident he began having problems with his memory. He would see people who had known for years, and would not be able to remember their names. He would lose his keys and cell phone frequently. He also had problems remembering things he had read, or following the plots of movies or television shows. He went to see a neurologist, who recommended that he have neuropsychological testing, which demonstrated that he was suffering from the residual effects of the head injury that was diagnosed at the hospital. The neurologist recommended nuerocognitive rehabilitation, which is therapy which helps retrain the brain after injury. Our client significantly improved but continued to have deficits which required him to write things down, and resulted in it taking longer for him to remember names and certain words.

The Defendant had insurance of $100,000. Mr. Siegel insisted, since the beginning of the case, that the insurance company must pay their full policy limits to settle the case. The insurance company refused. They claimed that since the head injury was classified as “mild” at the hospital, and since our client had no external or visible signs of a head injury, that his cognitive complaints were not caused by the accident. (The CT scan at the hospital was normal, and there was no loss of consciousness reported at the hospital) They offered our client $33,000 leading up to trial, and raised the offer to $60,000 on the morning of trial. Mr. Siegel insisted that the fair value of the claim was their insurance policy limits of $100,000. The jury agreed and entered a verdict in the amount of $100,000.

Investigation into the Metro Red Line Collision

noreply@blogger.com (Biera Campbell) — Wed, 24 Jun 2009 15:15:00 +0000

The investigation into the worst Metro train accident in history has begun. The National Transportation Safety Board (NTSB) has begun the investigation into Monday’s Metro train collision. The NTSB is conducting “sight distance tests” to discover when the conductor of the 2nd train could have seen the first and at what speed it was going. This investigation is necessary because neither train was equipped with a data recorder or “black box” to tell investigators what was happening prior to the collision. Investigators have discovered that the emergency brake was pushed prior to the collision. It has also been discovered that the train that rear-ended the stopped train was two months overdue for routine brake maintenance.

Unfortunately, this is not the first time that the safety procedures employed by WMATA have failed and led to the wrongful death and/or injury of an innocent victim. In 2006 there were two separate accidents which led to the deaths of three Metro employees performing track work.

The NTSB made suggestions of implementing new safeguards to prevent this type of accident from occurring again. The investigation will look into whether the safeguards or Metro’s scheduled maintenance of the train at issue was to blame for this accident.

If you or someone you love was injured or killed in this accident, please contact the law firm of Chaikin, Sherman, Cammarata & Siegel, P.C.

Red Line Train Disaster- Even Worse Than Many Feared

noreply@blogger.com (Biera Campbell) — Tue, 23 Jun 2009 18:27:00 +0000

When we awoke on Tuesday, June 23, 2009, we learned that the death toll had risen from 6 to 9. Hopefully the death toll will not continue to rise from the worst tragedy in the history of the Metro train system. Our prayers are with the families of the deceased and the injured.

The law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. offer our condolences to the families of the deceased and a speedy recovery to the injured. Our services are available as soon as you feel that you are able to consult and address this tragedy.

by Ira Sherman

Metro Train Crash On The Red Line

noreply@blogger.com (Biera Campbell) — Mon, 22 Jun 2009 22:12:00 +0000

Preliminary news reports indicate that there may be several deaths and a large number of other casualties as a result of the Metro train crash on the red line near the Fort Totten Metro station. While we hope that this apparent mass casualty incident turns out to not be as bad as initial reports indicate, we, as longstanding members of this community recognize the need to advise you of your right to obtain experienced competent legal counsel to seek justice on behalf of you and your loved ones.

The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have over 50 years of accumulated experience in pursuing justice on behalf of individuals injured as a result of the carelessness of Metro employees. We have a long history of successfully representing people injured in Metro stations and on its trains.

If you or a loved one has suffered an injury or if a loved one has wrongfully lost their life as a result of this tragedy, contact Chaikin, Sherman, Cammarata & Siegel, P.C. to receive aggressive and competent legal counsel.

by Ira Sherman

Allan M. Siegel Becomes Chairman of the Maryland State Advisory Board of the Association of Plaintiff Interstate Trucking Lawyers of America

noreply@blogger.com (Biera Campbell) — Mon, 22 Jun 2009 14:30:00 +0000

The Association of Plaintiff Interstate Trucking Lawyers of America is a national association of lawyers who are committed to help eliminate unsafe and illegal practices by tractor-trailer drivers, tractor-trailer companies, bus companies, bus drivers, and other trucks or commercial vehicles involved in interstate commerce. The organization is dedicated to providing education, as well as legislation, to make America’s highways safer.

Partner Allan M. Siegel has become the Chairman of the State Advisory Board for the state of Maryland. Membership on the State Advisory Board is by invitation only and is limited to 11 lawyers in the each state. The State Advisory Board members are unpaid volunteers who have agreed to provide the association with innovative guidance and counsel to help achieve the association’s mission of reducing traffic deaths and injuries that are caused as a result of truck or bus companies that operate their commercial vehicles in violation of the Federal Motor Carrier Safety Regulations. Mr. Siegel is honored to have been selected to chair this esteemed group.

Fireworks – “Not reliable and unpredictable”

noreply@blogger.com (Biera Campbell) — Mon, 15 Jun 2009 13:17:00 +0000

Those are not the words of a lawyer but rather those of a Fire Chief in Fairfax County, Virginia who was commenting on a tragedy which had occurred on July 4, 2007 at a town-sponsored fireworks show in Fairfax County. The town of Vienna, Virginia sponsored a fireworks show in 2007 and invited the public to attend. Clients of the firm did attend and sat in an area designated as safe to do so by the Town of Vienna.

During the grand finale of the show, a mortar ripped through the crowd of spectators and struck the law firm’s client in the chest. It bounced off him and exploded near his son who was standing nearby. Both father and son were severely injured. The law firm filed suit to seek compensation for each of them.

The Town of Vienna has said it is immune from suit (cannot be sued for damages) and that the family should look to the fireworks company that shot the fireworks for compensation. The fireworks company denies responsibility for the harm caused by the fireworks.

What the clients are left with is having to establish who should be held accountable. In other words, who did something wrong. The fact that the clients were injured is not in dispute.

I believe that when a person or entity uses a dangerous instrumentality (a bomb such as a firework mortar) and that dangerous instrumentality causes harm, then that person or entity should be held responsible for the harm caused. There should be no need for the injured, innocent victim to have to prove something went wrong. Fireworks are supposed to go into the air and not into the crowd of spectators. The Fire Chief knew fireworks were “not reliable and unpredictable”.

The spectators had no reasonable expectation that a bomb (the fireworks) would rip through and explode in the crowd.

Under such circumstances, it is best that we get beyond the “finger pointing” and permit those injured to obtain complete justice and compensation for their injuries without having to prove fault to the user of the dangerous instrumentality.

Click here to view this story reported by NBC.
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CSCS does its share to give our clients their money’s worth.

noreply@blogger.com (Biera Campbell) — Thu, 28 May 2009 14:18:00 +0000

When you retain the law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. you not only get a quality legal team, you also get a willingness to understand that the difficult economic times require that we all participate in doing all we can to help each other get the most for their money. Accordingly, we at Chaikin, Sherman, Cammarata & Siegel, P.C. have agreed that there will be no fee of any kind for obtaining a result in your property damage claim, your personal injury protection claim, your Med-Pay claim or any other of the multitude of benefits you might be entitled to under your insurance contract with your insurance carrier prior to filing a lawsuit. This includes ensuring you get a rental vehicle or loaner car when that is what your contract entitles you too. All of the negotiation and headache in every one of these is cost-free at the law firm of Chaikin, Sherman, Cammarata & Siegel, P.C.

CSCS Dedicates Itself to Providing Cost-Free Services

noreply@blogger.com (Biera Campbell) — Tue, 19 May 2009 14:21:00 +0000

The law firm of Chaikin, Sherman, Cammarata & Siegel guarantees that you will not pay a legal fee unless your case is resolved either by settlement or verdict. The law firm has a “no-fee guarantee”. If the law firm does not produce a settlement the client accepts, or a verdict by a jury, there will be no fee charged for time spent by anyone in the law firm on your case.

by Ira Sherman

Other Injuries That May Happen at the Primary Traumatic Brain Injury- Part 1

noreply@blogger.com (Biera Campbell) — Mon, 04 May 2009 21:22:00 +0000

Another word health professionals may use when they talk about what may happen at the primary traumatic brain injury is axonal stretching. Axonal stretching is the stretching and tearing of certain brain tissues that can happen as a result of an impact. The axons, part of the brain’s nerve cells, may die and cause swelling in the brain. The swelling causes more injury.

D.C. Councilmember-at-large, Phil Mendelson, presents D.C. Council Resolution to Joseph Cammarata & Ira Sherman, Pres. & Vice Pres. of the BIA of D.C.

noreply@blogger.com (Biera Campbell) — Wed, 29 Apr 2009 13:51:00 +0000

D.C. Councilmember-at-large, Phil Mendelson, presented the Resolution passed by the District of Columbia City Council recognizing the establishment of the Brain Injury Association of D.C. and its affiliation with the Brain Injury Association of America. Councilmember Mendelson made opening remarks recognizing the fact that virtually everyone knows someone who has sustained a traumatic brain injury whether in an automobile accident, or some other tragedy as the result of the carelessness of others. He expressed his gratitude that the District of Columbia now has a Brain Injury Association affiliated with the Brain Injury Association of America as a resource for citizens of the District of Columbia to turn to. Accepting the resolution was President of the Brain Injury Association of D.C., Joseph Cammarata. Mr. Cammarata thanked Councilmember Mendelson for his continuing support of individuals with disabilities arising out of a lack of expected brain function.

Secondary Injuries- Seizure Disorders

noreply@blogger.com (Biera Campbell) — Mon, 27 Apr 2009 22:14:00 +0000

Another possible secondary injuries as the result of a traumatic injury, and after the primary brain injury has occurred, are seizure disorders. Seizure Disorders: in the medical terms, a seizure is the sudden appearance of convulsions, a disturbance of the senses, or a loss of consciousness. Seizures are often caused by injuries in the temporal or frontal lobes that disrupt the electrical activity of the brain. They can occur immediately after, soon after, or much later after a brain injury. Seizure disorders are usually treated with anticonvulsant drugs.

Secondary injuries- Increased Intracranial Pressure

noreply@blogger.com (Biera Campbell) — Wed, 22 Apr 2009 17:31:00 +0000

Another secondary injury possible as the result of a traumatic injury and after the primary brain injury has occurred, is increased intracranial pressure (ICP). ICP occurs because the brain is enclosed within the skull, the fluid formed from swelling or bleeding has nowhere to go. It builds up and causes increased pressure, further damaging brain tissue. The word cranial refers to the cranium, or skull.

Secondary Injuries- Hydrocephalus

noreply@blogger.com (Biera Campbell) — Mon, 20 Apr 2009 15:21:00 +0000

The next injury possible as the result of a traumatic injury and after the primary brain injury has occurred, is hydrocephalus. Hydrocephalus is the flow of fluid from the spinal cord and brain into the cavities, or ventricles, of the brain is sometimes blocked or disrupted after a brain injury. When this happens fluid can build up in the brain and cause increased pressure. This condition is called hydrocephalus, and it can be a serious secondary brain injury. Pressure can be relieved through a procedure that involves inserting a needle into the brain cavities, drawing off the fluid, and routing it through a tube into the abdominal cavity.

Secondary Injuries- Hypovolemic Shock

noreply@blogger.com (Biera Campbell) — Fri, 17 Apr 2009 21:09:00 +0000

The next type of secondary injury possible as the result of a traumatic injury and after the primary brain injury has occurred, is hypovolemic shock. Hypovolemic shock is when a person who has had a traumatic brain injury may lose a lot of blood, and that loss can result in damage to brain tissue.

Secondary Injuries- Hematoma

noreply@blogger.com (Biera Campbell) — Wed, 15 Apr 2009 13:23:00 +0000

The next possible secondary injury as the result of a traumatic injury and after the primary brain injury has occurred, is a hematoma. A hematoma is a pool of blood that forms in the body. If the blood vessels in the brain are broken by the impact of a blow to the skull, they may leak, forming a hematoma. A hematoma can cause brain injury by directly damaging nerves or by causing increased pressure in the brain, which also squeezes nerves. The treatment for a hematoma is to surgically drain the blood.

Secondary Injuries- Brain Swelling

noreply@blogger.com (Biera Campbell) — Mon, 13 Apr 2009 19:01:00 +0000

The second of the secondary injuries possible as the result of a traumatic injury and after the primary brain injury has occurred, is brain swelling.

Brain Swelling is: The brain, like any other part of the body, swells after severe trauma. Because the brain is encased in the hard, unexpandable skull, however, brain swelling can have more serious effects than swelling in, say, an arm or a leg. In fact swelling is a major cause of damage to the brain after injury. Direct pressure can harm brain cells, or pressure may impair blood flow, cutting off oxygen. If the swelling is extensive it can squeeze the brain stem, disrupting normal life functions and leading to death.

Secondary Injuries- Anoxia

noreply@blogger.com (Biera Campbell) — Fri, 10 Apr 2009 13:01:00 +0000

The first of the secondary injuries possible as the result of a traumatic injury and after the primary brain injury has occurred, is anoxia.

Anoxia is a lack of oxygen to the brain. Brain cells, like all cells in the body, need a constant supply of oxygen to stay alive. When blood flow to the brain is reduced, the brain no longer receives its supply of fresh oxygen and brain cells die or are severely damaged.

Traumatic Brain Injury: The Second Stage- Secondary Injury

noreply@blogger.com (Biera Campbell) — Wed, 08 Apr 2009 17:12:00 +0000

The secondary injury of a traumatic brain injury occurs in the brain and throughout the body after the primary brain injury has happened. Such injuries may include the following:

-Anoxia
-Brain Swelling
-Hematoma
-Hypovolemic Shock
-Hydrocephalus
-Increased Intracranial Pressure (ICP)
-Seizure Disorders

Traumatic Brain Injury: The First Stage- Primary Injury

noreply@blogger.com (Biera Campbell) — Mon, 06 Apr 2009 17:10:00 +0000

Each traumatic brain injury has a primary and secondary injury associated with it. The primary injury refers to what happens to the brain and skull at the moment of impact. The effect of this impact is related to the unique structure of the skull and the brain.

The bone of the skull is very hard, while the brain is very soft. When a traumatic brain injury occurs, such as a car crash or a fall, the impact may cause the skull to move very quickly. The brain moves at a different speed because it weighs less than the skull; as a result the brain may hit the bone of the skull, causing bruising and bleeding. Sometimes, the impact can be so severe that the brain bounces back and forth inside the skull, causing very severe bruising and bleeding.

Acquired Brain injury

noreply@blogger.com (Biera Campbell) — Fri, 27 Mar 2009 16:25:00 +0000

Many people want to know the difference between an acquired brain injury and a traumatic brain injury. An acquired brain injury is a general term that refers to any injury to the brain after birth. Such events may include infections or lack of oxygen to the brain, a blood clot or stroke, and/or a traumatic brain injury. A traumatic brain injury was discussed in a prior blog and defined therein. An acquired brain injury does not refer to congenital brain injuries or to those that occur during birth.

Statistics on Traumatic Brain Injury in the United States

noreply@blogger.com (Biera Campbell) — Wed, 25 Mar 2009 13:11:00 +0000

The Brain Injury Association of America has published the following statistics on traumatic brain injury in the United States:
-At least 5.3 million Amerians currently live with disabilities resulting from a traumatic brain injury.
-More than 1.4 million Americans experience a traumatic brain injury every year.
-Each year, 1.1 million individuals are treated and released from an emergency department following a traumatic brain injury.
-More than 50,0000 people die every year as a result of traumatic brain injury.
-The risk of traumatic brain injury is highest among adolescents, young adults, and persons older than 75 years.
-Blasts are a leading cause of traumatic brain injury for active duty military personnel in war zones.

News About the Brain Injury Association of the District of Columbia

noreply@blogger.com (Biera Campbell) — Wed, 18 Mar 2009 15:00:00 +0000

Partners Joseph Cammarata and Ira Sherman are co-founders of the Brain Injury Association of D.C. (BIADC), a non-profit organization dedicated to provide brain injury help, hope and healing. The BIADC recently became an affiliate of the Brain Injury Association of America (BIAA).

The Council of the District of Columbia recently issued a Resolution recognizing the creation of the BIADC, its affiliation status with the BIAA, and the important role the BIADC will play within the Washington, D.C. community.

DCWASA Offers $5,000 – Law Firm Obtains $611,000 Verdict

noreply@blogger.com (Biera Campbell) — Mon, 16 Mar 2009 13:00:00 +0000

Our client was driving in a funeral procession, when an employee of the District of Columbia Water and Sewer Authority (“DCWASA”) failed to yield to the funeral procession and crashed into our client’s vehicle. As a result of the collision our client suffered a herniated disk in her back at the L4-L5 level of her spine, which caused permanent back pain. She was not a candidate for surgery, so there was nothing she could do to alleviate the back pain. Our client is 34 years old, and has three children. The pain interfered with her ability to enjoy many activities with her family.

DCWASA refused to take responsibility for the collision. They claimed our client ran a red light, since the traffic light governing traffic in the direction our client was travelling was red at the time she proceeded through the intersection. DCWASA was also relying on an independent witness who was expected to testify that our client had lagged behind the funeral procession, making it appear as if the funeral procession was over. DCWASA offered our client $5,000 to settle the case. Accordingly, Partner Allan M. Siegel tried the case in the Superior Court for the District of Columbia.

At trial, the independent witness stated that he was paying attention, and was therefore able to determine that there was still a funeral procession proceeding through the intersection, despite his testimony that our client had lagged behind six car lengths. There were also other witnesses who said our client was stopped in the middle of the intersection, one car length behind the vehicle in front of her when the collision occurred. The jury found that the DCWASA driver was negligent and entered a verdict against DCWASA for $611,238.40.

What is a traumatic brain injury?

noreply@blogger.com (Biera Campbell) — Mon, 09 Mar 2009 21:37:00 +0000

Many people ask what the definition of a traumatic brain injury is. According to the Brain Injury Association of America, a traumatic brain injury is:

"Traumatic Brain Injury
A traumatic brain injury (TBI) is the result of a physical shock: a blow, jolt, or impalement. Not all blows or jolts to the head result in TBI. The severity of such an injury may range from mild (a brief change in mental status or consciousness)to severe (an extended period of unconsciousness or loss of memory [amnesia]) after the injury. A TBI can result in short- or long-term problems with a person's ability to function."

Victim of Tractor-Trailer Wreck Obtains $75,000 Settlement

noreply@blogger.com (Biera Campbell) — Tue, 24 Feb 2009 15:18:00 +0000

Our client was driving her vehicle when a tractor-trailer owned by Giant Food Corporation changed lanes and ran her off the road. The client had a prior knee replacement and had to have it revised two years following the collision. Giant argued that they were not responsible for the knee revision surgery since the Plaintiff would have required a revision, even in the absence of the tractor trailer driver’s negligence, and because the client did not have any pain in the knee following the collision. Partner Allan M. Siegel filed a lawsuit on behalf of the client. The trial was scheduled for Janauary, 2009. The Defendant offered to settle the case for $75,000, two weeks before trial.