Brain Injury FAQs

How Brain Injuries are Classified

Traumatic brain injuries are generally classified as mild, moderate or severe, based on the injured person’s Glasgow Coma Scale (GCS) number. The GCS assigns a point value based on particular responses given by the injured person. The majority of brain injuries are classified as “mild.”

A mild traumatic brain injury (MTBI) is a traumatically induced physiological disruption of brain function as shown by any loss of consciousness lasting approximately 30 minutes or less; any memory loss for events immediately before or after the incident, but not lasting more than 24 hours; any alteration in mental state at the time of the accident such as confusion or feeling disoriented; or any focal neurological deficit that may or may not be transient. The Mild Traumatic Brain Injury Committee of the Brain Injury Interdisciplinary Special Interest Group of the American Congress of Rehabilitation Medicine developed this definition of MTBI…

Questions answered in this article:

  • Who is liable if a crew member is injured while working?
  • What are navigable waters?
  • What are the common causes of boating injuries and fatalities?
  • What are some safety measures that can help prevent injuries and deaths from boating accidents?
  • Can anyone have a personal injury claim if injured while aboard a watercraft?
  • Does maritime law only apply to large commercial ships?
  • I suffered an injury while aboard a cruise ship; do I have a claim?
  • What are the common boating accident contributing factors?
  • When must a boating accident report be filed?

Wrongful death actions can be very complicated, as the wrongful acts of several parties may have contributed to an individual’s death. Pre-trial, out of court settlements are common in wrongful death cases, because most defendants want to avoid the publicity of having caused a death. When such out-of-court settlements occur, a reduction of the wrongful death damages award issued by a judge or jury will also occur. Thus, if a plaintiff settles a claim against one defendant, the plaintiff’s recovery from any other defendant is thereby reduced. Additionally, the plaintiff’s release of one defendant frees that defendant from liability to contribute to any other defendant, and waives his/her claim for any contribution from co-defendants. In other words, the released defendant is out of the action, and the remaining defendant(s) will pay no more than their comparative share of the culpable conduct as found by the jury.

As a procedural matter, the court takes any evidence of…

There is really no standard definition of bad faith, but most states define bad faith as unreasonable or unfair conduct by an insurance company. There are a number of actions by an insurer that are considered bad faith by the courts. These FAQs can help you understand what insurance bad faith is.

In the event your business becomes involved in litigation, knowledge of courtroom procedure is essential. Courtroom procedure can be complicated, and knowing what to expect can enable a business to prepare effectively. In addition, state and federal law govern procedural issues; depending on the jurisdiction and the specific court involved, there may be notable procedural differences.

If you are faced with litigation involving a business transaction or any aspect of your business, our lawyers can provide additional assistance and counsel regarding your jurisdiction, court, and possible legal options for your situation.

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