Effective Strategies for Building a Strong Personal Injury Case

In this article, we discuss key elements of building a strong personal injury case.

If you’ve been injured in an accident that was not your fault, you may be entitled to compensation. A strong personal injury case can help cover the costs of your medical bills, lost wages, and pain and suffering. However, building a winning case takes strategy, planning, and expert legal advice.

What is a personal injury case?

A personal injury case is a legal proceeding in which an individual who has been injured physically or emotionally sues another individual, business, or government entity. The injured individual, known as the plaintiff, alleges that the other party is responsible for the injuries and seeks financial compensation.

The type of compensation sought may include medical expenses, lost wages, pain and suffering, and property damage. If the plaintiff is successful in proving that the other party is liable, they may be awarded damages by a judge or jury. In some cases, the parties may choose to settle out of court to avoid the time and expense of a trial.

What are the different types of personal injury cases?

There are four main types of personal injury cases: car accidents, slip and fall accidents, defective products and medical malpractice. Car accidents are the most common type of personal injury case. They can be caused by aggressive driving, distracted driving, or simply bad luck.

Slip and fall accidents can occur on wet floors, icy sidewalks, or even in homes and businesses with poor lighting or cluttered floors. They can often be caused by negligence on the part of the property owner.

Defective product cases arise when a product used per the instructions becomes defective and causes harm to a person. Some examples of this include pharmaceutical drugs, airbags, tires, and batteries to name a few.

Medical malpractice can occur when a doctor or other medical professional makes a mistake that results in harm to the patient. This can include errors in diagnosis, errors in treatment, and even surgical errors. Anytime you suffer an injury due to someone else’s negligence, you may have a case for personal injury.

What are some effective strategies for building a strong personal injury case?

If you or a loved one has been injured due to the negligence of another, you may be wondering how to build a strong personal injury case. While no two cases are exactly alike, there are certain strategies that can help increase the chances of a successful outcome.

First and foremost, it is crucial to gather as much evidence as possible. This may include photos or videos of the accident scene, medical records documenting the injuries sustained, and eyewitness statements.

It is also important to act quickly, as memories can fade and evidence can disappear over time. In addition, most states have a two-year time period from when the injury happened called the statute of limitations.

If you think you have a personal injury case, it is advisable to consult with an experienced personal injury attorney who can navigate the complexities of the legal system and ensure that your rights are protected.

By taking these steps, you will be in a better position to secure the compensation you deserve.

How do I know if I have a strong personal injury case?

To have a strong personal injury case, you will need to prove that the other party is at fault and that their actions led to your injuries. In addition, you will need to show that you have suffered damages as a result of the accident, such as medical bills, lost wages, or pain and suffering.

If you can prove all of these elements, then you may be able to recover compensation for your injuries. However, it’s important to keep in mind that each case is unique and that the strength of your case will depend on the specific facts and circumstances.

As such, it’s always best to consult with an experienced personal injury attorney to evaluate your claim and advise you of your legal options.

What are the consequences of having a weak personal injury case?

If you’ve been injured and plan to file a personal injury lawsuit, you may be wondering how strong your case is. Unfortunately, there’s no surefire way to know for sure, but there are some general indicators that can give you an idea.

One of the most important things to consider is the severity of your injuries. If your injuries are minor, it may be more difficult to prove that they were caused by the negligence of another party.

Additionally, if you have a history of pre-existing health conditions, it may be harder to prove that your current injuries are the result of someone else’s actions. Another thing to keep in mind is the amount of time that has passed since the accident occurred. If it’s been several years, memories may have faded and evidence may have been lost.

In general, the stronger your case is, the more likely you are to receive a favorable outcome. However, even if your case isn’t particularly strong, it’s still worth pursuing if you believe you’ve been wrongfully injured.

What are some other resources I can consult to help me build my personal injury case?

When you have been injured in an accident, it is important to gather as much evidence as possible to support your claim. In addition to any medical records and police reports, there are a number of other resources that can be helpful in building your case. Eyewitness statements can provide valuable information about what happened and how the accident occurred.

If there are surveillance cameras in the area, they may have captured footage of the incident. Photos of the scene can also be helpful in demonstrating the conditions that led to the accident. By consulting all of these resources, you can help ensure that you have a strong case for compensation.

If you have been injured in an accident, it is important to take the necessary steps to protect your legal rights. This includes gathering evidence, consulting with an attorney, and taking any other steps recommended by your lawyer. Contact our expert lawyers at Breit Biniazan today for help and guidance.

For more information on building personal injury cases, contact our attorneys at Breit Biniazan.

Breach of Contract & Compensation

If you have experienced a breach of contract, you may be entitled to compensation. You can do this by filing a lawsuit against the party that failed to meet its obligations under the contract. Your first step in determining if you can file a lawsuit is to re-read the contract and look for a section that deals with remedies for breach. In some contracts, the other party will have a certain amount of time to resolve the problem or file a lawsuit if the other party does not.

What is a Breach of Contract

A breach of contract happens when one party fails to uphold its end of an agreement. This can happen by not performing the agreed-upon duties, not meeting the deadlines outlined in the contract, or not following the other party’s instructions.

What are the Different Types of Breaches of Contract

The different types of breaches of contract can be classified as follows:

1. Material Breach: A material breach is a significant violation of the contract that results in harm to the other party. This type of breach allows the other party to terminate the contract and sue for damages.

2. Minor Breach: A minor breach is a less serious violation of the contract that does not result in any harm to the other party. This type of breach allows the other party to continue with the contract and sue for damages if the breach results in harm.

3. Partial Breach: A partial breach is a breach that occurs when only part of the contract is violated. This type of breach allows the other party to continue with the contract and sue for damages if the breach results in harm.

What are the Consequences of a Breach of Contract

If you have experienced a breach of contract, you may be entitled to compensation.

If you are seeking damages from a breach of contract, you will need to prove that you suffered losses as a result of the breach. This can be done by providing evidence of the following:

· The losses that you incurred as a direct result of the breach

· The profits that you lost as a result of the breach

· The cost of repairing or replacing the goods or services that were damaged as a result of the breach

· The amount of money that you spent to mitigate your losses

How do You Prove a Breach of Contract

In order to prove a breach of contract, you must first show that there was a valid contract between the parties in the first place. Once you have established that a contract exists, you must then show that the defendant breached the terms of the contract. Finally, you must demonstrate that as a result of the breach, you suffered damages.

What are the Defenses to a Breach of Contract Claim

The best defense for breach of contract claims is that you did not breach the contract. Each case is different, but in most cases, the parties agree on the existence of a contract, that the contract is enforceable, and that you performed your obligations under the contract. However, in some situations, a claimant may have to settle for a lower amount than the damages awarded by the other party. If you cannot agree on a lower amount, you can file a breach-of-contract lawsuit.

What other action can you take?

Another option is to hire a lawyer. There are times when a breach of contract can be avoided by attempting to resolve the issue between the parties. For example, if the homeowner hired a contractor to paint a neighbor’s house, but the contractor failed to complete the project by the deadline, he could file a lawsuit to recoup monetary damages. In other instances, it may be necessary to take the case to court in order to recover monetary damages.

Breach of contracts can be a costly mistake for both individuals and businesses. If you have experienced or are experiencing a breach of contract, it is important to understand your rights and remedies. The best way to protect yourself from damages is to ensure that you have a valid and enforceable contract in place. It is important to find an attorney who focuses on contracts to help you draft an airtight contract that will protect you from any breaches.

Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.

Families of 20 Former Patients at Cumberland Children’s Hospital in New Kent County File $127MM Civil Suit

Families of 20 Former Patients at Cumberland Children’s Hospital in New Kent County File $127-Million Civil Suit In Richmond Circuit Court Against the Treatment Center, Its Pennsylvania-Based Owner, its Medical Director and a Psychotherapist, Alleging Sexual Assault, Physical Abuse and Fraud

Victims Range in Age from 9-26 and Reside in 11 Different States; Attorneys for Claimants Contend Abuse Occurred Over at Least a 12-Year Period

A nine-count civil lawsuit, filed Tuesday in Richmond Circuit Court, contends that the former medical director at Cumberland Children’s Hospital in New Kent County, Virginia inappropriately touched the genitalia of young female patients, two as young as 12 years old, during routine medical exams and that employees and fellow patients physically struck and caused harm to other residents, resulting in long-term pain and suffering, PTSD, embarrassment, depression, sleep disorders, bodily injuries and more. The suit also alleges that the hospital and its owner, Universal Health Services (UHS), based in King of Prussia, PA, committed fraud by keeping patients at Cumberland beyond the time necessary for treatment in order to maximize revenue, ignored reports from patients, families and employees of the ongoing abuse and provided misleading information to parents to keep children in their custody.

Named in the lawsuit besides Cumberland Hospital for Children and Adolescents are UHS and two physicians, Herschel “Mickey” Harden, a psychotherapist, and Daniel N. Davidow, MD, a pediatrician and from 1996-2020, the medical director of the hospital, which advertises itself as a residential treatment center for youths, ages 2-22, with “co-occurring medical and behavioral diagnoses,” including brain injury, chronic illness and neurobehavioral issues.

The complaint further alleges that UHS and Cumberland had inadequate staff to oversee its operation and therefore failed to protect the health and safety of patients, twelve of whom suffered from “non-consensual and unwanted touching” by Dr. Davidow, who approved all admissions to the facility in his capacity as medical director. There are a total of 20 alleged victims of abuse identified in the suit.

The plaintiffs, whose names are identified only by initials in the lawsuit filed by attorneys Kevin Biniazan, Jeffrey Breit, and Justin Sheldon of the law firm of Breit Biniazan in Virginia Beach and Richmond, range in age today from 9-26. They live in Virginia, Florida, Arizona, North Carolina, Maryland, Delaware, Tennessee, New York, Connecticut, Pennsylvania, California and Alabama. The lawsuit notes Cumberland’s advertising that claims its employees are “competent, qualified, safe and attentive,” which “plaintiffs (families/foster parents) relied on…in making the determination to relinquish the care of their children to the Defendants.” The suit argues, however, that Cumberland misrepresented the quality of the care and the adequacy of staff.

“We have heard from children and parents that when no parent or other advocate was in the room, Dr. Davidow would say he needed to feel the female patients’ femoral pulse, located on their upper inner thighs, and he did so with the knowledge of some staff,” says attorney Kevin Biniazan. “Dr. Davidow would then place his hands beneath female patients’ undergarments and sexually abuse them by intentionally touching their intimate parts.” A graduate student working at Cumberland in 2017 told New Kent County Social Services that Dr. Davidow would also feel the girls’ pulses “under their breasts.”

“Our experts in pediatrics say checking a girl’s femoral pulse is completely unnecessary,” says Biniazan. “We were also told that Dr. Davidow only checked the pulses of male patients on their wrists.”

The lawsuit also alleges that roommates or other patients sexually abused younger and weaker plaintiffs after hours, at times coming into their rooms, “without intervention from staff” and “sexually abused and battered” them by “groping and fondling” their “intimate body parts.” When they “called out for help, staff did not respond.” There are also charges of a patient being scalded with hot water by an employee and of others being locked in rooms without access to toilet facilities and being forced to urinate into cups. “The Defendants operated an unsafe facility that subjected the patients, including the Plaintiffs, to constant threats to their basic safety, devoid of fundamental sanitation or humanity,” according to the 69-page complaint.

Cumberland Hospital is owned and operated by UHS, the largest facility-based behavioral health provider in the nation with its subsidiaries operating 349 centers in the United States, Puerto Rico, the U.S. Virgin Islands and United Kingdom. It had $11.3-billion in revenue in 2019 that produced net income of more than $819-million. UHS has nine treatment centers in Virginia, including ones in Petersburg, Virginia Beach, Staunton, Newport News, Norfolk, Portsmouth, Danville, Leesburg and the 110-bed facility in New Kent. 94 of those beds are authorized for acute care, 16 for residential behavioral treatment.

The plaintiffs contend that the defendants, including Mr. Harden and Dr. Davidow, maintained inadequate staffing to reduce costs and maximize profits, mirroring a company-wide trait. From 2006-2016, “facilities owned and operated by UHS were cited or investigated for inadequate staffing violations on approximately 90 occasions, including Cumberland Hospital on at least one occasion.” In addition, the suit says the doctors and staff at Cumberland were encouraged to keep patients admitted for as long as the hospital could receive payment, “even when inpatient care or residential treatment was no longer medically necessary or beneficial.”

The defendants also are accused of making “bed-to-bed” transfers from the treatment center to Cumberland’s adjacent acute care hospital to increase revenue and profits and pressuring staff to “make fraudulent and materially false statements in medical records to justify longer stays.” Those included providing deceptive information to state health authorities and attempting to furnish services to far more than the 16 residential patients that Cumberland is licensed to treat.

The suit, which accuses the defendants of assault and battery, negligence, false imprisonment, fraud, reckless disregard and violations of the Virginia Consumer Protection Act, seeks more than $127-million in punitive and compensatory damages for bodily injuries, physical pain and mental anguish, disfigurement, future lost earnings and medical expenses. The plaintiffs are requesting a jury trial.

“It is clear from the statements of our plaintiffs that Cumberland Hospital, UHS, Dr. Davidow and Mr. Harden placed profits over the health and safety of patients, robbed vulnerable young girls of their innocence and potentially harmed them psychologically for life,” says attorney Biniazan. “These defendants can never undue the harm they’ve caused to our clients, but this lawsuit seeks accountability and a financial recovery that we hope will, in some way, make up for what they’ve suffered. It also sends a message that these institutions and individuals, as well as owners and operators of similar facilities, are not exempt from legal responsibility.”

Does Compensation Cover Mental Trauma?

When making a claim for personal injury, physical injuries are often the main issue; however, emotional trauma usually accompanies physical injuries yet it is much harder to measure. Emotional or mental trauma symptoms can be particularly severe, and treating them takes time and expertise. Thankfully, there are avenues for filing a claim for mental trauma compensation. Continue reading to discover more about this kind of personal injury and the compensation available.

What is Mental Trauma?

Mental trauma is defined as a type of psychological injury that occurs as a result of exposure to a traumatic event. This event can be something that threatened or caused serious harm, or even death. It can also be an event that leaves the individual feeling powerless or helpless. Mental trauma can have a profound and lasting impact on an individual’s mental and emotional health, as well as their physical health.

Symptoms of Mental Trauma

Mental trauma can manifest in a variety of ways. Some individuals may experience short-term effects, while others may struggle with long-term effects. Symptoms of mental trauma can include:

-Intrusive thoughts or memories of the event

-Flashbacks or nightmares

-Avoidance of anything that reminds them of the event

-Hypervigilance or increased anxiety

-Difficulty concentrating

-Irritability or mood swings

-Sleep problems

-Physical symptoms such as headaches or stomach aches

If you are experiencing any of these symptoms, it is important to seek professional help. A mental health professional can provide you with the necessary support and treatment to help you heal from your trauma.

Different types of mental trauma

There are different types of mental trauma. Some people may experience a single traumatic event, while others may experience multiple traumas. Trauma can occur in many ways, and no two people will react in exactly the same way.

One type of mental trauma is known as complex trauma. This occurs when someone experiences multiple traumas, often of a prolonged or repeated nature. Complex trauma can have a profound and long-lasting impact on a person’s mental health.

Another type of mental trauma is known as vicarious trauma. This occurs when someone witnesses or hears about a traumatic event, even if they did not experience it directly. Vicarious trauma can be just as devastating as direct trauma, and can lead to the development of post-traumatic stress disorder (PTSD).

No matter what type of mental trauma someone has experienced, it is important to remember that there is help available.

How mental trauma affects productivity

Mental trauma can have a significant impact on productivity. People who have experienced trauma may find it difficult to concentrate or stay focused on tasks. They may also have difficulty sleeping, which can further impair their ability to function during the day. Additionally, people who are struggling with mental trauma may take more sick days or be less productive when they are at work.

How mental trauma is diagnosed

There is no one “right” way to diagnose mental trauma. However, there are certain criteria that must be met in order for a diagnosis to be made. These criteria are set forth by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is the standard reference book used by mental health professionals in the United States.

In order to be diagnosed with mental trauma, a person must have experienced (or witnessed) a traumatic event that meets certain criteria. The event must have been an extreme or life-threatening situation, such as a natural disaster, serious accident, terrorist attack, or violent assault. The person must also have responded to the event with fear, horror, or disorganized or agitated behavior.

In addition, the person must have experienced one or more of the following symptoms for at least one month after the event:

-Intrusive thoughts or memories of the event

-Nightmares about the event

-Flashbacks in which they feel like they are re-experiencing the event

-Intense or prolonged fear, anxiety, or grief

-Avoidance of people, places, or activities that remind them of the event

-Difficulty sleeping or concentrating

-Irritability or outbursts of anger

How mental trauma is treated

There are a variety of effective treatments available for mental trauma. Treatment can vary depending on the individual and the severity of their symptoms. Some common treatments for mental trauma include:

-Cognitive behavioral therapy

-Exposure therapy

-Eye movement desensitization and reprocessing (EMDR)

-Medication

What compensation can you get for mental trauma?

If you have experienced mental trauma, you may be eligible for workers’ compensation, disability benefits, or other forms of financial assistance. These benefits can help you cover the costs of treatment and make ends meet while you recover.

Workers’ compensation is a type of insurance that is provided by employers in the United States. If you are injured at work, or become ill as a result of your job, workers’ compensation will pay for your medical expenses and lost wages. In some states, workers’ compensation will also provide benefits for mental trauma that occurs as a result of work-related events.

Disability benefits are another type of financial assistance that may be available to people who have experienced mental trauma. Social Security Disability Insurance (SSDI) is a government-sponsored program that provides benefits to people who are unable to work due to a disability. To qualify for SSDI, you must have worked for a certain period of time and paid into the Social Security system.

Other forms of financial assistance can include a settlement or trial verdict of a personal injury claim. In negotiating or pleading your case, an attorney will include mental trauma and its effects in addition to physical injuries. It is important to hire an attorney who has experience helping clients find the right expertise to resolve the trauma and who understands the effects on victims.

Mental trauma is a serious issue that can have a profound impact on a person’s mental health. If you are struggling to cope with the aftermath of a traumatic event, it is important to seek professional help. There are a variety of effective treatments available for mental trauma, and a mental health professional can help you find the treatment that is right for you.

It is also important to get legal representation for any compensation that you are entitled to and that will help you cover the costs of treatment and make ends meet while you recover. An experienced attorney can help you navigate the process of applying for these benefits and getting the compensation you deserve.

Contact our friendly team at Breit Biniazan today for specialized expertise on mental trauma compensation.

How Motorcycle Accidents Can Result in Brain Injury

According to the National Highway Traffic Safety Administration, motorcyclists are approximately 16 times more likely than passenger car occupants to suffer fatal injuries in an accident on a per-mile basis (NHTSA). Motorcyclists are also four times more likely to be injured. Head injury is the greatest cause of disability or death in motorcycle accidents.

Motorcyclists are especially vulnerable to head injuries in an accident because they have less protection than drivers of passenger vehicles. Accidents can cause brain damage that needs considerable treatment. A motorcycle accident brain injury can have long-term and severe consequences in certain cases.

What can Happen to a Brain during a Motorcycle Accident?

Motorcycle brain injuries are frequently caused by blunt force damage to the head or a quick deceleration when the rider’s body contacts the road after being flung from the vehicle. This deceleration causes the brain to rebound off the interior of the skull, resulting in significant brain bruising.

Traumatic Brain Injuries Caused by Motorcycle Accidents

After a motorbike accident, there are three levels of traumatic brain damage. The three types include: mild, moderate, and severe. A mild traumatic brain injury, sometimes known as a concussion, may or may not result in loss of consciousness. In some circumstances, a moderate TBI causes the patient to lose consciousness for several hours, while in others, it only lasts a few minutes.

Other symptoms of a moderate brain injury include disorientation, confusion and cognitive impairments.

Effects of a Motorcycle Accident Head Injury

The effects of a motorcycle accident head injury depend on the severity of the brain damage. A mild concussion may cause headaches, dizziness and nausea. These symptoms usually go away within a week or two. However, some people with concussions experience long-term problems, such as memory problems, mood swings and sleep disorders.

These limitations can be permanent in some circumstances. A severe traumatic brain injury can cause a coma that lasts days, weeks or even months. In other cases, it can result in a vegetative state or death.

If you or someone you love has suffered a brain injury in a motorcycle accident that was caused by another party’s negligence, you may be entitled to compensation for your damages. An experienced motorcycle accident lawyer can help you understand your rights and options.

At Breit Biniazan, our motorcycle accident lawyers have helped many bikers who have suffered brain injuries obtain the compensation they deserve. We understand the unique challenges that motorcyclists face after an accident, and we are here to help you every step of the way.

This is a difficult time for you, and we understand what you are going through. Our attorneys have the experience and knowledge to help you get the compensation you need to recover from your injuries. We will work tirelessly to get you the best possible outcome in your case.

Contact Breit Biniazan Brain Injury Lawyers today for expert legal advice and representation.

Burn Injury Degrees

Burn injuries vary by severity, and doctors categorize them by degree. Medical professionals look at the symptoms of the burn and determine what treatment options are available for the injured party moving forward.

There are three main degrees of burn injuries, and they go from mild to severe. Here are the symptoms that you want to look for indicating the different degrees of burn injuries and what you can do if someone’s negligence is what causes you pain.

Recognizing First-Degree Burns

The mildest of the burn injuries, first-degree burn injuries commonly occur because even a touch of scalding hot water can cause this severity of a burn. First-degree burns are identifiable by the pain a person experiences and the red color they cause to the outer layer of skin.

First-degree burns don’t go beyond the epidermis.

The Signs of a Second-Degree Burn

Second-degree burns do go deeper than the epidermis. These burns can also impact the dermis, which is the layer of skin below the top layer. This type of burn is a partial-thickness burn. The most common symptoms include pain at the site of the burn, reddening of the skin, swelling, and blistering.

Symptoms of Third-Degree Burn Injuries

Third-degree burns are the most damaging types of burn injuries. They are full-thickness burns and go deep down into the injured party’s bones and tissue. The skin has a charred appearance, and the damage is significant.
In many cases, nerve damage occurs, which means there’s no long-term pain at the site of the burn. Instead, they may be completely numb because of the burned nerve endings.

Burn injuries can result from many types of negligence and problems. Some causes can include motor vehicle accidents, arson, chemicals, and more. If negligence is present, the injured party may be able to seek compensation for the costs associated with the damage.

At Breit Biniazan, our Virginia Beach and Richmond personal injury lawyers work hard to help you understand your rights. We go the extra mile to safeguard your best interests and pursue justice on your behalf. We’ll be there for you every step of the way.