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Posts Tagged ‘Seattle personal injury attorney’

What Can I Eat To Help Me Recover From a Personal Injury?

Auto Accidents, Car accidents, personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer

January 13th, 2012: Law Blogger

Aside from the pain, discomfort, and stress that a victim of a personal injury in a car accident endures, it is perhaps the boredom that could be the most detrimental. Boredom can lead to not only depression and a potential of reinjury as people try to get up and resume their normal life, but it can also lead to eating…a lot.

For some people who suffer personal injuries, they have found some serious weight gain and no way of working it off. However, this is not to say that eating with an injury is bad. We all need to eat right? It’s just WHAT you eat that’s the problem.

For years there have been tons of physical therapists, nutritionists, and personal trainers that swear that a specific diet can help injured people recover. Now the scientific community has finally proved them right.

Can A Certain Diet Help Me Recover From An Injury?

Researchers from Queen Mary, University of London conducted research published this week in the Journal of Neuroscience to see what foods actually aid in personal injury prevention and recovery. Researchers found that victims should consider a fish dinner full of omega-3 fatty acids in order to speed up recovery and help damaged nerves regenerate.

A healthy diet of fish is nothing new and studies have proven that cultures with a diet of a lot of fish are considerably healthier overall. It’s only been in the last few decades that the benefits of Omega-3 fatty acids have been revealing how important they are to the body’s normal growth and development. However, the body doesn’t produce omega-3 fatty acids naturally, they have to be consumed in foods such as oily fish or in supplements.

The study first focused on peripheral nerve cells, which transmit signals between the brain and the spinal cord and the rest of the body. The researchers simulated damage in mice by stretching the cells or starving them of oxygen and then enriched the cells with omega-3 fatty acids. The result was decreased cell death and significant protection.

Researchers also induced with sciatic nerve damage on test mice (located in the lower back, the sciatic is generally the largest nerve in mammals and a common injury point in car accidents). They found that after introducing omega-3, the injury recoverd more quickly and more fully. The muscles on the mice were also less likely to waste following nerve damage.

Foods That Heal

Now that the official research is in showing real tangible results on a scientific physiological level, that doesn’t mean that decades of observation need be ignored. Through the ages, homeopathic remedies have been formulated through observation and many of these are related to both topical applications, but also diet.

According to experts some great healing foods are:

  • Almonds (fat/protein, zinc)
  • Apples (flavanoids – protect cells from oxygen damage, prevent inflammation
  • Broccoli (vitamin C, fiber, antibacterial)
  • Curry (anti-inflammatory)
  • Garlic (allicin – anti-inflammatory, improves macrophage function)
  • Grass fed beef (protein, vitamin, minerals)
  • Olive oil (Anti-inflammatory – works like ibuprofen)
  • Papaya (vitamins A, C and papain – enzyme that increases immune function)
  • Pineapple (bromelain – analgesic)
  • Salmon (omega-3′s)

Dietary considerations for a better recovery:

Protein

  • Experts always recommend an increase (non fatty) protein. This can compensate for any potential muscle loss due to lack of use.
  • Rather than one big steak or chicken breast at dinner, divide the meals into smaller portions. Protein should be eaten 4 to 6 times per day.
  •  Protein should consist of lean poultry, fish, eggs, lean beef, cottage cheese, or whey protein powder.

Carbohydrates

  • Carbohydrates are found in vegetables and fruits, whole grains, beans, legumes (nuts), and oats.
  • Avoid sugars and refined carbs (artificial sweeteners, high-fructose corn syrup, and most of the things that make junk food taste great). Don’t eat junk.
  • Watch carbohydrate intake post surgery and if there is an extensive recovery, too many refined carbs could put the patient in danger of diabetes.

Fats

  • Fats help in reducing inflammation, but there are good fats and bad fats. Omega-3′s are the hallmark fats for reducing inflammation. Monounsaturated fats are also helpful.
  • Good fat sources include: Fatty fish (salmon, mackerel, herring, sardines), flaxseeds, nuts, olive oil, avocados, pumpkin/sunflower/sesame seeds.
  • Watch out for bad fats that can hinder healing by increasing inflammation: Trans fats, omega-6 fats and saturated fats.

Puget Sound Personal Injury Attorney

Phillips Webster is a law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.
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Some Good News For Victims of SCI in Car Accidents

personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer, spinal cord injuries, spinal cord injury, spinal injuries

January 12th, 2012: Law Blogger

We’ve witnessed first hand the pain that a victim and a family goes through when someone suffers a Spinal Cord Injury (SCI) in a car accident. It is not only a highly emotional experience waiting and hearing the news as to whether you or your loved one is going to walk or function normally again, but it stays through the exhausting and expensive therapy that follows.

An SCI is a long process of physical therapy, retraining muscles, and adjusting habits just to transition back into some semblance of a normal life. Regardless of whether this is mere recovery or learning to live with paralysis, there is one guarantee, life will never be the same.

However, though spinal cord understanding and research is slow in developing, hope comes from the medical community periodically. We like to highlight these pieces of research because it makes us think of our clients, past and current, that are struggling with SCI, but are learning to cope and over come until a cure is found.

Spinal Cord Research

There is still a massive argument over the function and utilization of embryonic stem cells. Though the arguments against are largely philosophical, the scientific community is pretty united in the future of stem cells. Ask the vast majority of SCL victims of car accidents that struggle every day with paralysis or back pain and they will tell you, their hope for recovery outweighs their prior assumptions about the technology. Yet, for patients that are still on the fence, this new research uses only adult stem cells.

That’s why SCL victims may be hopeful for new research at the University of Minnesota Stem Cell Institute. Dr. Ann Parr is a U of M neurosurgeon, professor, researcher, and part of a team focused on spinal cord injuries and stem cell research.

“It is a really exciting time right now in the field of spinal cord injury,” she said.

Her team is trying to develop a treatment that could someday help people like Jablonski.

Her lab is currently creating oligodendrocyte cells cells from mice in the lab.  These are cells that insulate the nerves in the spinal cord and brain. After a spinal cord injury there are many nerves that are actually preserved and may have the ability to function again. However they’ve lost their insulation.

“[Without oligodendrocyte cells] they’re sort of like bare wires,” Parr elaborated. “If we could replace the oligodendrocytes in the injured spinal cord that they may actually allow these nerves to function again,” said Parr.

Her research begins with adult skin cells, which she converts to stem cells, then transforms them into the insulating oligodendrocyte cells. This method is better, because using a patient’s own cells reduces the risk of rejection that can come with using embryonic stem cells.

She said there are also many drugs in clinical trials that could minimize cell damage immediately after a spinal cord injury. Doctor Parr said there are promising drug therapies that could be available within a year or two to help treat those with new spinal cord injuries.

Though hopeful, she said, “It could be years before research like hers leads to an approved treatment for those already living with a spinal cord injury.”

Faster Regeneration

According to the Foundation for Spinal Cord Injury Prevention, Care, and Cure, spinal cord injury in a car accident is the most common way of suffering a spinal cord injury. When these serious life threatening injuries happen, cellular degeneration begins in about 24 to 36 hours and could result in more serious irreversible permanent damage.

Anterograde degeneration - The part of the axon that remains connected to the cell body may degenerate a short distance (e.g. a millimeter or less), but usually it survives at least in the short term.

Orthograde degeneration - The degeneration of a nerve fiber that has been separated from its nutritive center by injury or disease, characterized by segmentation of the myelin and resulting in atrophy and destruction of the axon.

The overall term for these types of degeneration is Wallerian Degeneration. When this happens, oligodendrocyte cells as described above, become extremely important. You see, SCI regeneration is extremely slow, in fact, some of the slowest in the body and this is because the nerves lack oligodendrocyte cells.

By being able to construct oligodendrocyte cells in the lab that the body won’t reject, the degeneration process can be stopped and reversed. This can potentially increase the likelihood of recovery tenfold.

Washington Spinal Cord Injury Attorney

SCI victims of an auto accident are seeing positive strides in treatments in the last decade related to stem cells. Even the mortality rate and degree of recovery has increased slightly and goes up every year. However, all treatments cost money and the medical bills can pile up throughout a lifetime into hundreds of thousands of dollars (sometimes millions). That’s why compensation is so important.

Phillips Webster is a full service law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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Can Spinal Cord Compression Suffered In A Car Accident Effect Brain Function?

compression injury, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer, spinal cord compression, spinal cord injuries, spinal cord injury

December 22nd, 2011: Law Blogger

Spinal cord injuries suffered in car accidents are incredibly common and sometimes they can turn out to be far worse than Emergency Medical Technicians (EMTs) or emergency room doctors may have diagnosed at the scene of the accident or immediately after. This can be due to swelling, adrenaline masking pain, and more serious injuries taking priority causing medical staff to miss other injuries that they consider minor at the time.

Spinal cord compression is one of those accidents that can be overlooked, but research has shown can have serious consequences on the victim that last far into the future. It can happen in many different ways in a car accident, but essentially is caused by pressure on the spine. The vertebrae compress together, which can cause a myriad of problems such as herniated disks and spinal cord swelling, but worse, may seriously effect the nerves.

Symptoms of Spinal Cord Compression

These spinal cord injuries can be masked initially by pain medications and if left untreated or not adequately treated, according to some new research, can lead to some serious motor control issues and problems with brain function. But how do you know they’re happening?

Symptoms of spinal cord compression:

Bowel and Bladder Issues – Several victims of spinal cord compression have found that their injury effects their bowel and bladder function. These issues range from constipation to incontinence. Victims with more severe spinal cord compression may require the use of a catheter to empty their bladder or a suppository to empty their bowels.

Pain - Spinal cord compression pain ranges from minor discomfort to severe radiating pain, depending on the degree of nerve damage or disruption. It may be localized (close to the site of injury), or it may radiate down a nerve or nerves to other areas of the body.

Muscle Weakness - When spinal cord compression involves motor nerves (the nerves that supply the muscles), muscles may be weak or incapacitated. How this weakness is manifested depends on the location of the compression. High cervical spinal cord compression might make it hard to lift the arms, whereas a lower cervical compression may cause a weaker grip. More serious spinal cord compression can effect the muscles in the lower body.

Muscle Spasms - When spinal cord nerves are compressed, they may cause certain muscles to flex or tighten. These spastic muscles may remain “frozen” in a certain position or may simply take longer than usual to relax. Muscle spasms may also occur. Depending on the degree of cervical spinal cord compression as well as the level of the injury, spasticity may affect the muscles of the arms, legs or both.

Sensory Changes - The cervical spine contains nerves that detect sensations in the upper extremities and pressure due to a spinal cord compression injury can change the way the brain interprets how things feel. Victims have reported a tingling, pins and needles, or numbness in their shoulders, arms or hands. In cases of severe cervical spinal cord compression, a person may suffer paralysis.

Spinal Cord Compression Research

Spinal cord compression can lead to spinal cord degeneration, which can either be treated by physical therapy or surgery. Medical professionals are still trying to understand the relationship between the spinal cord and the brain. Thus, this makes many in the medical establishment reluctant to turn to surgery on either the brain or spinal cord without more of an understanding of this relationship.

Thus the research study just conducted by Dr. Duggal, an associate professor in the Department of Clinical Neurological Sciences at Western’s Schulich School of Medicine & Dentistry, Dr. Bartha, an imaging scientist with Schulich’s Robarts Research Institute and an associate professor in the Department of Medical Biophysics, and Kowalczyk, a PhD candidate.

“When patients undergo surgery for spinal cord compression, some improve, some stay static and some continue to get worse. We’re trying to understand which patients we can actually help and which patients will have limited benefit from surgery,” Dr. Duggal said.

They studied 11 healthy “control” patients and 24 patients with reversible spinal cord compression. Researchers had the study participants do a simple motor task, tapping their fingers, while undergoing a 3 Tesla functional MRI scan. This test identified the parts of the brain that were involved in performing this movement, which is often impaired in patients with spinal cord compression. According to this study, the patients with spinal cord compressions also had changes in the motor cortex of the brain.

“We’re looking not only at the mechanisms of the spinal cord, but also, what’s happening in the brain and how it responds to injury in the spinal cord, and whether there is any plasticity or ability in the brain to compensate for injury,” the study said.

Once researchers had localized the area, they examined it using proton-magnetic resonance spectroscopy to look at a range of different chemicals or metabolites such as neurotransmitters and amino acids. The goal was to determine whether the levels of these chemicals were any different in the subjects with spinal cord compression.

“Surprisingly, we saw a 15% decrease in the level of N-acetylaspartate to creatine in those with spinal cord compression. And this is really interesting because N-acetylaspartate is an amino acid that goes down when you have neuronal injury or when neurons are dying,” said Dr. Bartha. “I wasn’t expecting to see such a large change in the brain from spinal cord compression.”

The researchers are still trying to untangle whether this change is something that occurs over time, with the injury from the spinal cord propagating back into the brain. This finding has implications for whether or not the condition is reversible, and who may benefit from surgical procedures. The next step, currently underway, is to study whether metabolic levels in the brain change after surgery.

Washington Spinal Cord Injury Attorney

As you can see, compression injuries in a car accident can result in long term consequences that could keep the victim from being able to retain their same level of employment and could seriously effect their quality of life. Victims with suppressed motor and brain function could find themselves eventually not being able to conduct normal tasks and could require expensive help to retain some semblance of a normal life. This requires ample compensation for the negligent parties that caused the car accident.

Phillips Webster is a full service law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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What Happens When I Suffer a Spinal Cord Injury (SCI) in an Automobile Accident?

personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer, spinal cord injuries, spinal cord injury, spinal injuries

October 13th, 2011: Law Blogger

Ask any victim of a spinal cord injury (SCI) and they will tell you that one of the most frightening experiences in life is that moment they realized that they couldn’t feel certain parts of their bodies or could not move. This terrifying conclusion is only exacerbated by the fact that many of the victims had just survived a traumatic car accident.

Perhaps the fear stems from the loss of control or the shocking prospect of permanently disabled, a state that few of us are physically or emotionally prepared to deal with. What many victims don’t realize is that the time it takes to treat the wound is key to how severe and permanent it could potentially be. A number of emergency medical staff have experienced some confusion about how to treat these complex injuries initially. In response, a number of trials were created to find suitable immediate treatments to slow the progression of SCI and potentially reverse injuries associated with the disorder.

Spinal Cord Injury Research

Traumatic SCI remains one of the most costly and devastating neurological disorders to treat, not-only in Washington State, but the rest of the United States as well. It is one of the most prevalent injuries that drove the American’s with Disabilities Act (ADA) to change the way we all exist in society by making the country more accessible to people in wheel chairs. This is due to the overwhelming number of people permanently confined to a wheel chair as a result of an SCI auto accident.

According to the National Institutes of Health (NIH), “Among neurological disorders, the cost to society of automotive SCI is exceeded only by the cost of mental retardation.”

Recent National Spinal Cord Injury Statistical Center data shows:

  • Since 2005, automobile accidents have accounted for 40.4% of reported cases of SCI.
  • 12,000 new cases of SCI will develop annually in the United States.
  • Approximately 265,000 patients in the United States had had a traumatic SCI by 2010.
  • As of 2005, 80.7% of those affected by SCI were males, and the average age was 40.7 years.
  • Nearly 67% of patients with SCI are Caucasian.

According to the NIH, the lifetime costs associated with spinal cord injuries are staggering and vary with the level and severity of injury. For example, a patient with high tetraplegia (C1-C4) will incur about $985,774 in expenses in the first year after injury; if injured at age 25 years, the patient will incur a lifetime cost of $4,373,912. Life expectancy is highly variable depending on the level and severity of injury and the presence of potential complications (ie, ventilator dependency).

How Does A Spinal Cord Injury Happen?

The physiology of a spinal cord injury is extremely complicated and takes years of study to fully understand, but when a person suffers a spinal cord injury, they suddenly find a lot of time on their hands. The first step is to find out how it happened and then get into the technical part. This will help you answer the big first question of why it happened.

Causes of spinal cord injuries include:

  • Motor vehicle accidents (44%) – Depending on the placement and force of the impact spinal cord injuries can differ. The most common are rear-end accidents, followed by side impact accidents.
  • Acts of violence (24%) – Statistics differ somewhat in other countries – in Canada and western Europe, injuries due to violence are rare, while in developing countries, violence is even more common.
  • Falls (22%) – This is very common in the workplace, and the most common cause of spinal cord injuries and death amongst construction workers. Falls with serious consequences can also occur around the home falling from roofs and unstable ladders.
  • Sports (two-thirds of these are from diving accidents) (8%) – Many people don’t realize that there is a serious reason for form and that people can easily snap their neck or upper vertebrae with improper entry into the water.
  • Other (2%)

The spinal cord is divided into 31 segments, each with a pair of anterior (motor) and dorsal (sensory) nerve bundles. These bundles consist of two dorsal nerve roots, which are afferent and bring signals into the spinal cord, and two ventral nerve roots, which are efferent and send signals away from the cord at each segment. The dorsal and ventral nerve roots mix after the ganglion, creating mixed spinal nerves. Within the dorsal column:

Lateral spinothalamic tracts - Responsible for pain and temperature sensation.

Anterior spinothalamic tract - Responsible for light touch.

Anterior interomedial tract - Responsible for autonomic function.

SCI has traditionally been defined as:

Complete SCI - Described only by what level of injury may be involved; for example, a patient with a complete SCI might be described as having a complete loss of motor and sensory function below the injury.

Incomplete SCI – This involve a broad spectrum of pathologies, such as anterior cord syndrome, central cord syndrome, Brown-Séquard syndrome, conus medullaris syndrome, and spinal concussions.

Spinal cord injuries consist of two phases:

Primary phase – This includes the actual mechanism of injury that results in trauma to the spinal cord.

Secondary phase This occurs at the cellular level from resultant edema and inflammation, causing decreased blood flow. Neurologic cells in the spinal cord don’t regenerate easily. Corticosteroids, particularly methylprednisolone, are thought to reduce inflammation and potentially prevent ischemic and permanent neurologic changes. Current recommendations for the treatment of acute SCI with high-dose methylprednisolone.

Seattle Spinal Cord Injury Attorney

Victims of SCI who are treated within 3 hours of injury seem to do best on a 24-hour treatment plan, whereas those treated within 3 to 8 hours of the injury do better on a 48-hour schedule. If you are a victim or a bystander that recognizes the signs of SCI, call 911 immediately and tell them that you suspect an SCI so that emergency crews can prepare enroute.

If you or a loved one finds themselves with a debilitating and painful back injury after an accident it is best if you call a professional to review your legal options and protect your self and your health. Call Phillips Webster for a consultation.

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How Much Is Commuting Really Costing Me?

commute, personal injury, personal injury attorney, personal injury lawyers, PTSD, Seattle personal injury attorney, Seattle personal injury lawyer, stress

September 28th, 2011: Law Blogger

The traffic in Western Washington is legendary at this point. We are the 23rd largest area in population in the country, yet we have the 12th worst traffic. Is anything being done about it? Well, there were protests recently about cutting bus service to some vital areas due to budget concerns, so you tell me.

Regardless, there are giant holes being dug, light rail tracks being laid, and bridges being built with the intent of changing the traffic nightmare that Western Washington drivers have been living with for more than three decades. And there in-lies the problem, the cost.

The cost of viaducts, bridges, subways, monorails and tunnels have had their share of nay-sayers all citing cost, yet when you really sit down and look at how much it costs you as an individual, you figure out that perhaps commuting in your car is not the most cost effective route.

However, if your only option is a bus that runs outside past a stop that may or may not be covered or lit, blocks away from your house, and only on time on the best of days, it makes commuting by anything but car more hassle than it’s worth. But it’s not only the hard cost, but the life cost of commuting also. The 20 minutes here, the hour there, all add up to less time you getting paid and spending time with your family. But there are answers.

Commuting Our Lives Away

According to the newest Urban Mobility Report by the Texas Transportation Institute, commuters in Western Washington spent an average 44 hours stuck in rush-hour traffic in 2010. The average amount of delay in 439 urban areas was 34 hours. Washington, D.C., had the worst congestion with the average commuter spending 74 hours stuck in traffic and wasting 37 gallons.

The Texas study further set Seattle’s travel time index (which measures the time it takes to drive somewhere during rush hour compared to free-flow periods) as 1.37, which was sixth-worst in the nation. A value of 1.30 indicates a 20-minute free-flow trip takes 26 minutes in the peak period, according to the report

This is an annual study, so the good news is that Seattle’s commute was no better or worse than the year before, and has been slowly improving over the last decade. However, Western Washington drivers waste 46,373 gallons of fuel (23 gallons per auto commuter) just idling in traffic. Nationally, 1.9 billion gallons of fuel were wasted in 2010, the report estimates. Delays caused by congestion cost $101 billion in extra time and fuel.

Down south in Portland the commute is better, but not considerably, with their commuters spending 37 hours in traffic. This ranks them 19th in the nation, according to the report. These numbers are from an area that has made considerable improvements to urban density and have invested heavily in transit, which seemed to keep travel delays in check by encouraging people to take shorter trips or light rail instead.

Cost of Commuting

The extra time in traffic is estimated to cost $942 per Seattle commuter (excess fuel and value of time, estimated at $8 per hour). If only a quarter of the population in Western Washington commutes (approx. 1.3 million people) then that means those two days we are stuck in traffic collectively cost us $1.23 billion dollars!

There are some ways we can curb that cost:

Car/Van pool – Being jammed in a sardine can with the same people everyday can be irritating, especially if you’re not feeling particularly chatty that day. However, it keeps you on time and the cost is considerably cheaper.

Bus – The great thing about the bus is that you can keep to yourself and generally have the elbow room to do it. As mentioned above, there are some limitations such as late busses, crowded buses, no bus shelter, limited lighting, and multiple stops.

4-Day Work Week – There are 2 types of four-day work week. One is a 10 hour a day work day four times a week, which employers hate since they would much rather people work 10 hours a day for five days. Then there are the 4 eight-hour days and one day of telecommuting. Employers seem to be much more comfortable with this, but it can be rough on employees that aren’t used to the discipline required to telecommute.

Telecommute – This is extremely common, particularly amongst information technology and computer professionals. And as cloud computing becomes more prevalent it is many employers are doing away with offices all together. This can actually translate to longer hours for the employee as their work is always present, but can save them tremendous amounts of money on commuting costs (and lunches out).

Bicycle to Work – Biking to work is on the rise, in fact, there has been a 22% increase in the Seattle are in 2010 alone. Biking to work is not an option for many as they may have physical limitations, fear of biking in traffic, or no desire. However, this can be the best option for most people as it will extend your life and save you a ton of money.

Western Washington Car Accident Lawyer

Commuting is a wonderful way of wasting your life away while slowly moving in a car listening to talk radio. Yet, it is how our society is set up and the way it’s going to be for a while until alternatives present themselves. However, you do have the option of setting something up with your coworkers such as a car pool to save some money and perhaps even have someone else to drive every once in a while. Just make sure you ask you insurance agent to accomodate your car pool and other drivers.

Phillips Webster is a law firm of dedicated legal professionals with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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How Does The Frye Test Decision Potentially Affect My Personal Injury Case?

chronic pain, fibromyalgia, Frye Test, personal injury, personal injury attorney, Seattle auto accident attorneys, Seattle Car Accident Lawyers, Seattle personal injury attorney

September 21st, 2011: Law Blogger

Victims of auto accidents and medical malpractice in Washington State received some very exciting news this month regarding their personal injury cases. There have been some people who have been waiting a very long time for the Frye Test (or Frye Standards) in Washington State to catch up with the rest of the country and finally this month their hopes have come to fruition.

This decision will help all those patients who have some ailments or causal symptoms that are harder to prove than others such as a form of chronic pain called fibromyalgia, some birth defects, and other illnesses that may have problems being proven in court without the aid of expert testimony that, like the illnesses themselves, may not coincide with established general knowledge.

What is the Frye Test?

The Frye test refers to a standard for admitting scientific evidence at trial. It derives from a case dating way back to 1923 , U.S. v. Frye, 293 F. 1013 (D.C. Cir. 1923). This 88 year old ruling was actually the result of a criminal case, not a civil case, where the defendant offered the results of a lie detector test that he claimed demonstrated that he was telling the truth when he denied killing the victim.

In the Frye case, the court ruled that the evidence was inadmissible because the scientific principles upon which the procedure was based were not “sufficiently established to have gained general acceptance in the particular field in which it belongs.”

This became known as the Frye general acceptance test and remained the standard used in both federal courts and state courts around the country for many years. This is not the case that rendered the polygraph and other forms of lie detector inadmissible, instead it hampered the use of new scientific innovation as evidence. Rather, it was specific to science. The court said:

“Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the courts will go a long way in admitting experimental testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.”

The ruling was further defined and strengthened in 1976, to what some refer to as the Kelly/Frye test. This is due to a California case, People v. Kelly, 549 P.2d 1240 (Cal. 1976), in which the Supreme Court of California laid out what it felt were the main advantages of the Frye standard. California is one of the states that has since ruled against its former ruling.

Washington on the other hand stayed with it until this month.

The Frye Test and Personal Injury Cases

In the unanimous decision by the Washington State Supreme Court, the justices ruled that medical testimony will be allowed so long as the methods experts use to reach their conclusions are scientifically sound. The experts’ conclusions, the court continued, can be presented whether or not there’s a scientific consensus supporting them.

Instead of taking disputed or unproven expert opinions to a judge, attorneys and their experts will be arguing in front of jurors. This does not sit well with insurance companies, pharmaceutical companies, hospitals, and other large institutions that generally face these types of lawsuits due to possible negligence.

You see, in civil cases there are some catches to the Frye Test that fall on the side of defendant (the company) rather than the plaintiff (the victim). Let’s say it’s a pharmaceutical company that has issued a new drug. The company uses new scientific findings to discover the drug, test it, and take it to market, however, under the Frye Test the victims of side effects may not be able to utilize those same scientific principles as the were used to discover and perfect the drug in the first place.

Another two examples of this were cited in a story written by the Post Intelligencer regarding the issue. The first was of Julie Anderson and her son Dalton who was born with a serious birth defect. She claimed it was due to a specific chemical that she inhaled at her work while she was pregnant with Dalton. Though she has experts who will connect the chemical with the birth defect, before this ruling the company and their insurance company used the Frye Test to bar the expert testimony. It was her case that changed the ruling this month.

The PI also cited a car accident victim who, after the accident and recovery from personal injuries, found she was crippled by fibromyalgia, an ailment that causes chronic pain and fatigue causing the sufferer to be unable to retain full gainful employment and enjoy a standard quality of life. Many sufferers of fibromyalgia in Washington State have had problems with receiving proper compensation for the full scope of their injuries due to the Frye Test. Perhaps now that will change.

Puget Sound Personal Injury Attorney

Some personal injury lawsuits can be long emotional processes that can draw out further than many victims are willing or able to endure. The process can cause them to settle too early or not get their day in court due to rules that, up until now, had barred them from presenting the full breadth of their case.

In a civil case like a personal injury lawsuit, it is up to the plaintiff to prove that it was the negligence of the defendant that caused their personal injury. This is very hard to do without the aid of expert testimony. Now that new ideas can be presented by professionals using established scientific method, perhaps victims can finally get the justice they deserve.

Phillips Webster is a Seattle law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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Does A Spinal Cord Injury in a Car Accident Increase My Chance For A Heart Attack?

personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer, spinal cord injuries, spinal cord injury, spinal injuries

August 9th, 2011: Law Blogger

SCI Heart Attack RiskOne of the most common types of spinal cord injuries (SCI) are those suffered in some sort of vehicle accident.  Whether it’s from a rollover car accident or a rear-end accident (both very common for spinal cord injuries) they can render a person immobile for a long period of time, perhaps even their lifetime.

The injury itself can lower a person’s mortality through various “secondary factors” such as infections, multiple surgeries, or bed sores. Research has shown that another one of these secondary factors is heart disease. This can lead to a serious, perhaps even fatal heart attack.

SCI & Heart Health

Heart disease can be either genetic or a long time buildup of fatty residue or plaque. This buildup can break open and cause a break in the tissue, which bleeds slightly. This can lead to the formation of a blood clot that seals the break. The clot is big enough in the artery that it reduces blood flow. The cycle of fatty buildup, plaque rupture, and blood clot formation causes the coronary arteries to narrow, reducing blood flow. If blood flow in an artery that carries blood to the heart muscle is completely interrupted for more than a few minutes, a heart attack can occur.

Things that increase the chance of a heart attack:

  • High blood pressure
  • High cholesterol in the blood
  • Cigarette smoking
  • Diabetes
  • Physical inactivity
  • Obesity

Symptoms of a heart attack:

  • Discomfort in the center of the chest lasting more than a few minutes
  • Described as pressure, squeezing, fullness or pain
  • Discomfort may also occur in arm(s), back, neck, jaw, stomach
  • Shortness of breath
  • Nausea, lightheadedness, cold sweat

SCI Research

There was a very good study published in the June 2001 Spinal Cord regarding the correlation between SCI and heart disease. The researchers studied medical records of 545 people who have survived at least 20 years with SCI. The researchers found that the rates of cardiovascular disease increased with age in all groups.

When the data was further fragmented by type of disability, researchers found that people with quadriplegia and complete injuries were more at risk than those with paraplegia or incomplete injuries. Complete quads, for example, showed a 3.5% risk, while incomplete paraplegics showed a 2.1% risk.

Researchers cited one problem that may be causing the increased chance of heart attack; people with SCI tend to have low HDL (the “good” cholesterol that protects against heart disease). This directly correlates to relates to degree of disability–quads and people with complete injuries have even lower HDL counts.

SCI and Avoiding Heart Disease

As you can see, the increased risk of heart disease is a real problem for victims of SCI after a car accident, as if they need another thing to worry about. Yet, by taking the steps to avoid heart disease, health care professionals say that patients can increase their quality of life and better stave off infections and other secondary factors.

Ways SCI victims can avoid heart disease:

Exercise – Doctors and Physical therapists that specialize in spinal cord injuries, para and quadriplegic patients, highly recommend exercise in all cases. It can it help circulation, stave off rapid atrophication, and can help raise HDL levels, but studies show that even Paralympic athletes can’t achieve levels common in nondisabled people. That doesn’t mean blow off exercise. Any exercise is beneficial.

Alcohol – Researchers say that by moderating alcohol intake with no more than one daily drink for women and two for men, a SCI victim can have a positive effect on HDL.  It can also cause weight gain and may interact with your meds, so check with your doctor before stocking up on the vino.

Drugs –There are many drugs on the market that can be used to increase HDL, though we haven’t been able to find any studies specifically directed toward people with disabilities.

Diet – What you eat is the largest factor in heart disease. Try these diet benchmarks:

  • Quadriplegics should weigh 10 to 15 percent less than the weight found in ideal-height-and-weight charts.
  • Paraplegics should weigh 5 to 10 percent less than the weight found in ideal-height-and-weight charts. .
  • Quadriplegics need about 10.3% fewer calories per pound per day to maintain a constant weight.
  • Paraplegics need about 12.7% fewer calories per pound per day to maintain a constant weight.

Washington Spinal Cord Injury Attorney

SCI victims of an auto accident in general have a long and arduous road ahead to recovery if recovery is even possible. There are positive strides in treatments of SCI in the last decade related to stem cells, but even the mortality rate and degree of recovery has increased slightly and goes up every year. However, all treatments cost money and the medical bills can pile up throughout a lifetime into hundreds of thousands of dollars (sometimes millions). That’s why compensation is so important.

Phillips Webster is a full service law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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  • Personal Injury Damages
  • Medical Recuperation after a Serious Personal Injury
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  • What Are Some Ways of Managing Pain After An Amputation In An Auto Accident?

    amputation, pain and suffering, pain management, permanent disability, personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney

    July 28th, 2011: Law Blogger

    pain managementDaily, someone in America loses a limb due to a car accident. This is the type of statement that you may hear on a regularly and not really think about, but losing a limb is a major life changing experience. Not only do you have to re-teach yourself many of the fundamental things that you take for granted on a daily basis. Then there is the fact that you are forever described as the amputee by other people as your most distinguishing mark. But something that many non-amputees don’t realize is the daily struggle with management to avoid infection and serious pain.

    Pain management is key to leading a functional and fulfilling life despite a physical disability. Amputees have found that with the help of great strides in prosthetic technology, that they are able to resume all of the activities they were previously capable of. Certainly this is not achieved without a modicum of pain. How it is managed is key.

    Ways To Manage Amputation Pain

    Taking care of the area where the limb was amputated is part of an amputee’s daily routine, particularly if they utilize a prosthetic everyday for their job or just to get around. A prosthetic can bring a bit of normality to an amputee’s life, but it can also be the thing that causes them the greatest pain and threat of infection.

    Some ways of care to avoid pain and infection are:

    Regular monitoring – This seems like a forgone conclusion, but just like most of us don’t constantly monitor our bodies, sometimes swelling in the amputated limb can go unnoticed. This can potentially lead to infection. Swelling can be anything from friction irritation by a prosthetic, collection of fluid, or bruising due to rupture of blood vessels. All of these can be largely painless and easily go un-noticed until pain sets in and that means it’s already infected, which could mean leaving off the prosthetic until the infection is gone. To avoid pain and potential loss of time at work, prevention is the best policy.

    Exercise – Another very important part of prevention is exercise. You are not exactly exercising the amputated area, by exercising your whole body, you are exercising the area. Any healthcare professional will tell you that exercise helps you avoid infection and sustain healthy circulation. That is important when it comes to an amputated part of a limb as atrophication can lead to gangrene and other complications.

    Regular checkups – Amputation shouldn’t require more check ups than the average person, which is about every 6 months or immediately at the onset of pain. But, average people usually don’t attend regular checkups as they should. This is where the amputee must differ. Regular checkups are and communication with their physician and technicians help them get updated information about their type of amputation and updated treatment methods.

    Prosthetic adjustments – Fitting for prosthetics are not set in stone. As we age our bodies change, we gain weight, and there are shifts in posture. The form and shape of the amputated area also adjusts causing chaffing and odd new pressure points. All of these changes can facilitate readjustments in your prosthetic. Technicians recommend an annual check.

    Lotions – Many amputees find regular use of moisturizing lotions or creams condition the skin which helps it hold up better against abrasions. Vitamin-based creams and lotions are often used, such as EDAP (containing vitamins A and D), which is available through your prosthetist. Other amputees have had recommendations from their prosthetist and/or local pharmacist for off-the-shelf lotions. One suggestion has been Uremol for dry, itchy skin (containing Urea in an emollient cream base).

    Proper wrapping – Wearing a sock can help wick perspiration away from the skin. Wearing a light sock may have a cooling effect, as well as providing additional padding for the stump. Also some amputees report that using strong anti-perspirants – like the new Secret Platinum which is pH balanced – can help reduce the amount of perspiration produced within the socket. The stump sock needs to be changed every day (and sometimes more often in hot weather), and should be washed as soon as it has been taken off so perspiration doesn’t dry in it. Use mild soap and warm (never hot!) water.

    Cleanliness – There are dozens of products that say that they help prevent infection. Most of these products have residual effects such as drying skin out due to containing alcohol or causing discoloration and discomfort. Healthcare professionals will tell you that thorough and regular cleaning with a quality antibacterial soap twice a day is by far the best way to prevent infection on the residual limb.

    Causes Of Amputee Skin Disorders Leading to Pain

    Amputees must deal with skin issues or end up uncomfortable, it’s just a part of life. No matter how hard you try to prevent them, sores and abrasions can occur for numerous reasons.

    • Pressure of the socket against the stump causes trauma to the skin and tissue.
    • Perspiration builds up in the socket causing friction which leads to abrasions.
    • Sockets may be made of materials that are irritants to the body (i.e. cause allergic reactions).
    • Warm, moist environment of the socket is the perfect breeding ground for bacteria that can cause skin problems.

    Heat and Perspiration – As perspiration builds up within a socket it can also lead to the stump “pistoning” or moving around within the socket, which in turn can chafe the skin and cause abrasions. Generally, because of extra effort and prosthesis, amputees can perspire a little more than the average person. There is no way to totally eliminate the issues with perspiration, but some practical ideas might help control it so that it does not become a real problem such as applying a mild deodorant on the residual limb prior to applying the sock.

    Bacteria – Normal skin expels bacteria through drying by evaporation, and also by releasing special fatty acids from glands on its surface. However drying can’t occur in the moist environment of an enclosed socket. Also normal skin has a negative charge which repels bacteria, but an amputee’s skin, when bathed in salty solutions (such as perspiration) for long periods, can develop a positive charge which can attract more bacteria than would otherwise be present. Hygiene becomes doubly important in these circumstances where the number of potentially infection-causing germs has increased beyond the skin’s normal capacity.

    Seattle Personal Injury Lawyer

    Learning to live with an amputation is a whole new world of routines and diligent preparations for the most simple of outing. Leaving out details and routines can end up being a very painful experience that can disrupt your life. These life changes are just simple examples of why you need compensation for your personal injury.

    If you or someone you know have sustained serious personal injuries in a car accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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    How Does Depression Effect Driving?

    depression, personal injury, personal injury attorney, personal injury lawyers, PTSD, Seattle personal injury attorney, Seattle personal injury lawyer

    June 13th, 2011: Law Blogger

    Depression and DrivingDepression is common. Dogs, cats, horses, pretty much anything can be depressed, but in human beings, we understand it and medicate to avoid it. In history, doctors used natural drugs and alcohol to cure what they dubbed “the melancholy.” Now, it’s a multi-billion dollar industry with armies of therapists, boat loads of pharmaceuticals and natural remedies, and of course cheap untested devices touting a happier life.

    Yet, all of this hysteria over depression is not unfounded. Depression is a real ailment that strikes normal people everyday. Some depression is circumstantial such as the loss of job or death of a loved one. Others have a more chronic chemical imbalance that makes them prone to depression. Both yield similar results: loss of energy, loss of desire to engage in activities, reclusive behavior, and uncontrollable emotional outbursts.

    But perhaps the most striking problem associated with depression is what researchers have found recently, a decline in cognitive abilities. Patients have shown a decline in memory and executive function (planning, abstract thinking, decision making, etc). When you merge the physical issues of lack of energy and aloofness with lower or slowed cognitive ability, the combination suddenly becomes deadly when the sufferer gets behind the wheel as some recent studies have shown.

    Depression and Driving

    Vehicle accidents are one of the largest causes of death in the world and especially in the United States. Accidents are certainly also one of the largest causes of serious personal injuries, which can lead to further, more acute depression. Now, research has come out making a direct link between depression and the ability to drive.

    Researchers from the Experimental Pharmacology Unit at the Brain and Behavior Institute at Maastricht University in the Netherlands have done an extensive study on depression and depression drugs and the effect on driving ability. They studied 24 people who suffer from depression and tested them both on and off the drugs that they were prescribed over a six week period.

    The researchers put them through a series of tests to determine memory, cognitive function, and other related factors. They then gave them two tests, one highway and one real-world driving test. In the highway test they drove a specifically instrumented car that tracked their moves driving at highway speeds. It tested swerving, staying in the lane, reaction, and over-reaction. The second was the subject driving in the same car through urban streets as they were followed by researchers giving instructions and recording reactions.

    Researchers found that the drivers did indeed have an impaired function in driving and that it had nothing to do with the antidepressants they had been prescribed.

    “The depressed patients receiving long-term treatment with SSRI- and SNRI-type antidepressants show impaired driving performance. This impairment in driving performance can probably be attributed to residual depressive symptoms instead of the antidepressant treatment,” the study report stated.

    Youth Depression Driving

    Personal Injury LawyerTaking the correlation between car accidents and depression a little further, researchers in Australia suggest that young adults who suffer from anxiety and depression are more likely to take risks while driving automobiles.

    The study conducted by researchers at the Queensland University of Technology’s Center for Accident Research and Road Safety and published in the journal Injury Prevention, involved more than 760 young drivers who were on their provisional license, otherwise known as “beginning drivers.”

    That study found anxiety and depression accounted for 8.5% of the risky driving behavior reported by the young adults. The researchers further said that the association was greater in women than in men, with 9.5% being explained by psychological distress in women compared with 6.7% in men.

    “We already know that psychological distress, such as anxiety and depression, has been linked to risky behavior in adolescents including unprotected sex, smoking and high alcohol consumption,” said Bridie Scott-Parker from Queensland University, the lead on the study. “What this study sought to do was look at whether or not psychological distress could also be linked to risky driving behaviors in young people, such as speeding, not wearing a seat belt and using a mobile phone while at the wheel.”

    Professor Brett McDermott, director Beyond Blue, a national Australian campaign to study and curb the effects of depression on Australian society, said the disorders stated in the study were linked with an inability to resist impulses, another serious trait associated with youth depression.

    “The important thing about this study is it brings our attention and punctuates the fact that it’s something we should do better to address youth depression,” Prof McDermott said.

    Identifying Depression

    As you can see, depression and driving do not mix. Being depressed and having a lower reaction time, heightened emotional state, and impaired impulse resistance can potentially lead to a very serious car accident that could render both the driver and the innocent victim either seriously injured or dead.

    This is not necessary when the cause is identifiable and the behavior is preventable. But depression that is easily identifiable in ourselves may not be as easily identifiable as in our children or spouses. As stated above, the decision making abilities of a depressed person may be impaired, thus they may choose to drive even though it is ill advised. That is why it is important to be able to recognize the signs of depression.

    Feelings of helplessness and hopelessness – Listen to your loved one’s when they speak about life or the world around them. The language they use may be indicators or a serious problem with depression.

    Loss of interest in daily activities – Losing interest in former hobbies, pastimes, social activities, or sex is a very clear indication of depression. If their moods are even and it seems that they’ve lost their ability to feel joy and pleasure, this is another warning sign.

    Weight or appetite changes – Just like depression is manifested mentally, it is also physcially, with a significant weight loss or weight gain over a period of months.

    Changes in sleep patterns – Insomnia is the inability to fall asleep at normal times or waking in the early hours of the morning. They can also suffer from oversleeping (also known as hypersomnia).

    Irritability or restlessness – One of the biggest telling signs is abrupt shift in mood. Feeling agitated, restless, or on edge. Their tolerance level is low; everything and everyone gets on their nerves.

    Loss of energy – Feeling fatigued, sluggish, and physically drained. This may cause their desire to clean. They may also rely completely on packaged foods rather than cooking and dirtying dishes.

    Self-loathing – Strong feelings of worthlessness or guilt. This may manifest itself either in a loss of personal hygiene or an increased shopping habit.

    Concentration problems – Linked to cognitive problems, they may have trouble focusing, making decisions, or remembering things.

    Unexplained aches and pains – They become acutely aware of problems. This could manifest itself in an increase in physical complaints such as headaches, back pain, aching muscles, and stomach pain.

    Seattle Personal Injury Lawyer

    You or your depressed loved one need to recognize the dangers of depression, not just on your health, quality of life, and employment, but also that it could be inadvertently putting you in a very dangerous situation. Driving during deep depression is extremely serious when a person is also suicidal as they could so easily just speed up and drive toward an innocent victim. This is a very treatable ailment that millions of people struggle with every day and should not result in a car accident, but too often, does.

    That is why it is so important that you have a full service law firm on your side that can take the stress of the details of a lawsuit off of the victim’s shoulders. Phillips Webster is a law firm of dedicated legal professionals with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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    What If I Suffer A Muscle Injury In A Car Accident?

    Car Accident, lacerations, muscle injuries, permanent disability, personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney

    May 19th, 2011: Law Blogger

    Muscle injurySuffering a personal injury in a car accident can be painful to say the least and may, depending on how violent the accident, cause a permanent disability. Many times these permanent disabilities are not-only associated with bone injuries, brain injuries, and spinal injuries, but also muscle injuries.

    Muscles are surprisingly strong. The three types of muscles are cardiac and skeletal muscles, which are “striated” and packed into highly-regular arrangements of bundles; and smooth muscle which is neither. Your muscles are made of specialized fibers, which move the bones and the joints as they are attached to your bones by tendons.

    Types of Muscle Injuries

    Muscle injuries in car accidents are extremely common and are often the first thing that paramedics address because there are often lacerations and heavy bleeding associated with them. Addressing this issue could be the difference between life and death at the car accident scene.

    Strain – A pulled muscles or muscle strains are extremely common in a car accident. These personal injuries occur when a muscle or the connective tissue that attaches it to a bone is overly stretched or torn.

    Sprain – A sprain involves ligaments rather than full muscles or tendons and can be extremely hard to heal if they come detached, often involving surgery. The ligaments are muscular bands that hold two bones together, which can become sprained or overly stretched from stress being applied to a joint.

    Cramps – After the trauma of a car accident, either due to tension or the sudden rush of adrenaline, muscles will cramp. Muscle cramps occur when muscles suddenly and forcefully seize. Dehydration and overuse are also common causes of muscle cramping.

    Haematomas - A muscular haematoma or bruised muscles are probably the most common car accident injury. They occur when direct force causes a muscle to bleed.

    Healing From a Muscle Injury

    When you’ve torn or cut a muscle, once the bleeding is stopped, it immediately clots and that’s when the healing process begins. The initial repair process creates a “patch” of random scar tissue fibers. Like a weak link in a chain, the random alignment of these new fibers becomes a “weak link” in your muscle, leaving it highly susceptible to re-injury

    For any muscle injury to regain maximum strength and flexibility, the scar tissue needs to become aligned and integrated with the muscle fibers. Oddly, our bodies do not have an efficient internal mechanism for accomplishing this. It’s somewhat haphazard, gradually improving over time but often not resolving completely, which can become quite a problem.

    The problem is that the nervous system essentially “over reacts” to even microscopic areas of scar tissue, by keeping the muscle in a shortened, inflamed, and usually painful state. The inflammation process is the first stage of healing and by keeping the muscle short, the nervous system is trying to protect it from further harm, these reactions however, can continue well past the point of being productive. In fact they can continue indefinitely.

    Even a small muscular injury can lead to a chronic pain pattern which persists for months or even years, because the nervous “system stays on alert,” waiting for the scar tissue to heal completely and become aligned with the surrounding muscle tissue.

    washington personal injury lawyer

    Western Washington Personal Injury Attorneys

    We have worked with hundreds of victims with permanent injuries dues to car accidents and understand what they have to go through. Permanent injuries take the ability to do activities such as play team sports, skiing, biking, and in some cases driving without the aid of another person. It takes most people’s livelihoods away and forces them to retrain. It changes their lives forever and the victim deserves fair compensation because of it.

    Phillips Webster is a local law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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