Saturday, July 31, 2021

2021 Fleming Scholarship Award Winners

Fleming Law is proud to announce the winners of the firm’s 2021 Scholarships. Many well written essays where submitted and, as in years past, the decision select the winners was a difficult one.

Undergraduate Scholarship Winner – Kamren Brock

From: Georgia
Attending: College of Coastal Georgia

Kamren is attending the College of Coastal Georgia where he is studying Environmental Science. He is strong supporter of his local community with his volunteer work at the Department of Family & Children services. We wish Kamren all the best in the upcoming year!

Law Scholarship Winner – Kevin Allred

 

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Monday, July 26, 2021

Should I Seek Medical Attention After My Motorcycle Accident?

Some motorcycle accidents lead to significant injuries that obviously require immediate medical attention. But in other instances, the consequences are less clear. Your injuries could seem minor at first but become major problems later on. That’s why some people wonder, “Should I seek medical attention after my motorcycle accident?” The answer is clear: yes.

You need to see a doctor for a thorough exam as soon as you can after a motorcycle collision. It’s a good idea to document your healthcare appointments and any procedures you undergo. If you don’t get treatment and later pursue a personal injury claim, an insurance company could argue that you weren’t seriously injured and don’t deserve compensation. Unfortunately, that could mean you don’t get the resources and support you need.

After a motorcycle accident, get the medical care you need. Then, reach out to Fleming Law, P.C., to talk to a lawyer. One of our Texas motorcycle accident attorneys can answer your questions so that you have the confidence and peace of mind you deserve. We offer free, no-obligation consultations. Whether you were injured in Houston or anywhere in Texas, we’re ready to serve you.

For your free consultation, call us toll-free 24/7 or use our online form to get in touch.

How Long After an Accident Can You Go to the Doctor?

It’s always best to go to a doctor as soon as you can following a motorcycle accident. But if you couldn’t go right away, it’s not too late. Some injuries take time to develop. If you experience any new pain or symptoms of an injury, get care from a medical professional as soon as possible.

Keep detailed records of your visits and copies of your bills. These could be important evidence for your attorney and the insurance companies. It’s important to follow the instructions and treatment plan that your doctor recommends. Doing so shows that your injuries were serious, and you’re taking appropriate steps to heal them.

If you never visit a doctor or seek medical care, it can cause problems for you later. The other driver’s insurer might use this information to fight your right to compensation, deny your claim, and avoid taking responsibility for what you’ve suffered. Following a motorcycle crash, get the care you need and save records of all the treatment you receive.

What Are the Most Common Types of Motorcycle Injuries?

Motorcycles are a great way to travel, but they come with significant dangers. Riders have little protection, so if they wind up in an accident, they can be seriously injured.

Motorcycle riders can suffer injuries, such as:

  • Head injuries
  • Traumatic brain injuries (TBIs)
  • Broken bones
  • Road rash and abrasions
  • Spinal cord injuries
  • Cuts and bruising
  • Bleeding and internal injuries
  • Dental damage, including loss of teeth
  • Scarring and disfigurement
  • Loss of limbs
  • Paralysis
  • Torn muscles and ligaments
  • Joint damage
  • Burns

Make sure that you get immediate medical care after a motorcycle accident, even if you think you’re okay at first. Doctors can identify hidden and internal injuries that could cause you problems later on. Internal injuries can be severe and even deadly. By seeking and receiving medical care after a motorcycle crash, you protect your health, your life, and your claim for compensation from whoever hurt you.

What Is the Most Common Cause of Motorcycle Accidents?

When it comes to motorcycle accidents, the most common factor is other drivers’ failure to notice the motorcyclists. Negligent drivers of cars and trucks often make left-hand turns in front of oncoming motorcycles or pull out in front of them, causing devastating crashes. Inattention can also lead drivers to strike motorcyclists from behind or open the door of a parked car in front of a rider. The result of these mistakes can be dangerous or even lethal for bikers.

Can You Get PTSD from a Motorcycle Accident?

Yes, you absolutely can get post-traumatic stress disorder from a motorcycle accident. Motorcycle collisions can be violent, painful, and destructive events. Such an experience can lead to physical injuries and psychological illnesses such as anxiety, depression, and other serious problems. These conditions can cause long-term health problems, so it’s essential to seek treatment for them.

If you’ve suffered PTSD because of a motorcycle accident, you might be entitled to compensation. A settlement from the at-fault driver’s insurance company could cover the cost of your treatment and an amount to represent your emotional pain.

A motorcycle crash lawyer with Fleming Law, P.C., can investigate how the accident occurred, determine who might be at fault for your crash, and then pursue compensation for any PTSD you experienced.

Where to Turn for Legal Help After a Motorcycle Crash

After a motorcycle crash, turn to an experienced law firm with seasoned lawyers for help. At Fleming Law, P.C., we can review your case, help you understand your options, and work to pursue the compensation you deserve. From the start of your motorcycle crash case to the finish, we are ready to stand up for your rights and interests.

Our Texas motorcycle crash law firm can help you by:

  • Explaining your rights to pursue compensation
  • Answering any questions you have
  • Identifying the deadlines that apply to your case
  • Gathering the medical records and other documents to prove your claim
  • Working with experts to determine what caused the motorcycle crash
  • Negotiating aggressively on your behalf
  • Pursuing a motorcycle crash lawsuit for the compensation you deserve, if necessary

Experience matters both on the road and in the courtroom, so make sure to choose a motorcycle accident law firm you can trust.

After an Accident Talk with Fleming Law, P.C.

If you’ve been injured in a motorcycle accident, seek medical attention, then speak with Fleming Law, P.C., as soon as you can. Our experienced motorcycle crash attorneys have helped bikers throughout Texas, and we’re here for you, too. No matter the circumstances of your crash, we want to stand up for your rights, help you understand your options, and advocate for the financial compensation you deserve.

For your free consultation about how we can help, call us or contact us online now.

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Thursday, July 22, 2021

Safety Tips for Avoiding a Motorcycle Accident

Riding a motorcycle is exhilarating, but it can be dangerous. Even the safest and most experienced rider can be severely injured if other motorists fail to obey the rules of the road.

It’s well-known that motorcyclists are at a greater risk of injury or death compared to other drivers. With virtually nothing to protect them from the violence of impact in a crash, few bikers leave the scene of an accident unharmed. For this reason, it’s crucial to exercise care and caution at all times when riding.

Whether you’ve just bought your bike or you’ve got years of experience on Texas roads, every rider can benefit from safety tips to help reduce the risk of a motorcycle accident. Keep reading for advice from the Houston motorcycle accident lawyers at Fleming Law, P.C.

Tips for Motorcycle Safety

Before you get on your motorcycle, familiarize yourself with the key safety tips that can help keep you safe out on the road:

  • Wear the correct gear. Texas law only requires helmets for riders under 21. But it’s wise always to wear a helmet, even if it’s not required by law. Helmets can protect you from severe or fatal head and brain injuries. Choose a helmet with a face shield or wear shatter-resistant goggles. Also, make sure to wear durable footwear that covers your ankles, along with a long jacket and pants made from durable materials like leather.
  • Be alert when riding. Watch out for potential hazards, such as potholes, patches of ice or snow, sand, dirt, gravel, and railroad tracks. Keep an eye on other motorists. If you see a distracted driver or someone driving unsafely, keep your distance. Finally, exercise caution while approaching intersections, where accidents are likely.
  • Never drink and ride. Operating a bike under the influence of alcohol or drugs is illegal. Intoxication can impair your judgment, perception, and reaction times, putting you and anyone in the vicinity in harm’s way.
  • Avoid bad weather if possible. Check the forecast before heading out for a long ride. Try to delay leaving if bad weather is predicted. If you get caught in a storm, pull off the road as soon as you safely can and wait it out.
  • Wear bright clothing. Choose brightly colored clothing or add reflective tape to your helmet and clothes to make you more visible to other drivers on the road. Always keep your motorcycle’s headlight on, even in broad daylight.
  • Maintain your bike. Keep up with the manufacturer’s recommended maintenance schedule. If you store your motorcycle for any time, take it to a mechanic before riding again. Also, remember to check the important functions of your bike every time you ride, including your tires, brakes, and lights.
  • Take a safety course. If you are riding a motorcycle for the first time, consider taking a motorcycle safety course. Even experienced riders can benefit from a refresher safety course to avoid falling into bad habits and keep up to date on the latest safety tips.
  • Choose a bike within your skill level. Always ride a bike with a performance ability that you have the experience and skill to control properly. If a bike’s acceleration and speed are beyond what you can handle, you are much more likely to crash.
  • Expect the unexpected. Always be prepared for a collision or other hazard to appear in front of you. Protect yourself by leaving yourself room to maneuver if an emergency arises.

Safety Rules While Riding a Motorcycle

Follow these rules for safe motorcycling:

  • Never speed or ride too fast for the current conditions.
  • Look behind you when stopping. Pull towards the side of the lane and keep your bike in gear in case a vehicle approaches that does not look like it will stop.
  • Avoid lane splitting. This means riding on traffic lines, in between lanes of traffic, or between traffic and parked vehicles.

How Other Drivers Can Avoid Crashes with Motorcycles

Drivers can reduce the risk of causing a collision with a motorcycle rider by:

  • Avoiding distractions while behind the wheel
  • Giving extra room to motorcycles to allow them space to slow down and stop
  • Checking mirrors and blind spots when changing lanes, turning, or opening the door before exiting a parked vehicle
  • Slowing down when approaching and driving through intersections
  • Giving a motorcycle the full width of the lane
  • Passing a motorcycle by moving to the adjacent left lane, not trying to share the lane

What to Do When You Crash Your Motorcycle

Take these steps to protect your health and preserve your legal rights after a motorcycle accident:

  • Get the contact and insurance information from each motorist involved in the accident.
  • Note each vehicle’s make, model, and license plate number.
  • Take photos of the crash scene, including vehicle damage, marks in the road, nearby traffic controls, weather and traffic conditions, and any visible injuries you suffered.
  • Seek medical attention as soon as possible to check for undetected injuries. Seeing a doctor promptly also creates a record linking your injuries to the motorcycle accident.
  • Document your recovery from your injuries in a journal.
  • Keep copies of all crash-related bills, receipts, and invoices.
  • Don’t discuss the crash on social media or post photos or videos as you recover. Insurers might try to use these posts to attack the credibility of your motorcycle accident claim.
  • Speak to a motorcycle accident lawyer right away to learn about your options for pursuing compensation.

Talk to Our Houston Motorcycle Accident Lawyers

If you’ve been injured in a motorcycle accident caused by a negligent or reckless driver, call or contact Fleming Law, P.C. today for a free, no-obligation consultation. We fight for the rights of injured bikers in our community, and we’re ready to stand up for you.

When you work with us, you get a legal team committed to the highest standards of client service. You’ll always be in direct contact with the lawyer handling your case so that no question goes unanswered.

Let’s get started now. Call or contact us for a free consultation.

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Tuesday, April 6, 2021

Can I Sue Uber for Causing a Car Accident?

Uber drivers are independent contractors, they don’t work directly for Uber. For this reason alone, pursuing a claim against an Uber driver for a car accident can be problematic. An experienced car accident lawyer can help you sort through the issues and get you compensated for your injuries.

As independent contractors, these drivers own the cars they drive and insure them just like everyone else on the road. If they cause an accident, it could be because they’re fiddling with their phone to accept a rider or find a location. If that accident results in injury, are they liable? The answer is Yes. Whose insurance do you go after for compensation? Therein lies the complexity and the reason why you need an attorney on your side.

At Fleming Law our attorneys have an extensive background when it comes to investigating car accidents. Each case, and the circumstances and facts surrounding it, will lead us to develop a certain strategy. Please contact our attorneys here to tell us about your accident.

When Would You Sue Uber for a Car Accident?

If the Uber driver was not on the Uber app when the accident occurred, perhaps they were taking a break or on their way home, then your claim would be against the driver’s insurance company. In this situation the driver was not working for Uber at the time and just like any other driver on the road they and their insurance would be responsible, not Uber.

If the Uber driver was working when the accident happened, logged onto the app and waiting for a rider then Uber’s insurance provides some coverage, a policy of $50,000 to a maximum of $100,000 for injuries caused to third parties. If they had a rider in the car and caused the accident then Uber’s full $1,000,000 policy is in effect.

To someone unfamiliar with these matters it might seem inconceivable that you can determine what someone was doing just prior to an accident. That’s exactly what our attorneys do in cases like this. With the technology available today, strong investigative skills and resilient effort our attorneys can uncover exactly what transpired immediately before your accident. These skills put the attorneys at Fleming Law in a unique position to handle all types of accidents involving Uber drivers.

Will Uber Cover the Costs from My Accident?

When you’re injured in an accident and someone else is to blame, the at-fault driver and their insurance company will cover the costs. This includes costs for:

  • Damage to your car;
  • Rental car while your car is fixed;
  • Medical bills for your injuries;
  • Lost wages;
  • Pain and suffering, if your wreck was serious.

These costs include the emergency room you had to visit right after the accident and the doctors you were referred to. If you were rear-ended, you may need to see a back and spine specialist, if you were involved in a head-on collision you might need to see a neurologist for head injuries and if you were t-boned an orthopedic surgeon can help you recover from injuries to your leg and knee.

Many accidents are pretty straight forward, you, as the injured party, should focus on treating your injuries and recovering from them. An attorney will file your claim, one that holds the at-fault driver accountable. Sure, you could try and settle the case yourself and negotiate on your own with the insurance company, but the settlement you receive will be far less than a settlement an auto wreck attorney can get you. Call the attorneys at Fleming Law to discuss your accident, the consultation and advice are always free 713-221-6800.

Why Do You Need a Lawyer for Uber Car Accidents?

A recent fatal wreck occurred near the campus of the University of Florida in January 2021. It was a horrifying ordeal for the families involved and it demonstrates why you need an experienced car accident attorney for these types of cases.

An Uber Eats driver was speeding on West University Avenue at 17th St. in Gainesville. He was on a delivery when the accident occurred. This Uber driver was hit by another driver who was turning left at an intersection. The Uber driver’s car spun out of control, hit a pole and slammed into a group of students, killing two of them.

The lawsuits filed in this case name four parties; the Uber driver who was speeding, the driver who was turning left and hit the Uber driver, Uber Technologies and Portier, LLC a subsidiary of Uber that operates Uber Eats.

This case clearly demonstrates how convoluted a serious car accident can become. You have one party, the Uber Eats driver, driving recklessly, another party, the driver who was turning left who didn’t yield and the companies Uber Technologies and Uber Eats. The lawsuit claims that Uber failed to train their subcontractor driver properly and Uber Eats, the developer of the popular food delivery app, was negligent due to the fact that their drivers are strongly encouraged to rely on their phones while driving, and to deliver food as fast as possible.

Given the complexity of the situation, attorneys for the victim’s families will likely argue that each of the defendants were partly responsible for the accident and the tragic outcome. In cases like these the plaintiff’s attorneys have to prove that the defendant’s negligence allowed such a wreck to happen.

All drivers on the roads in Houston have a duty to drive properly, that means without distraction and obeying all traffic laws. When drivers fail to do this, they are negligent, and if they cause accidents, they and their insurance company are responsible.

How Our Attorneys Can Help

In all of the situations described here, the lawyers at Fleming Law can help you make a claim against Uber’s insurance carrier or companies like Uber Technologies and Uber Eats. We don’t take accidents like this lightly; we will work relentlessly in pursuing your claim against these companies to get a settlement for your injuries. Call us today to discuss your case 713-221-6800 or contact us here.

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Wednesday, March 3, 2021

Symptoms of a Brain Injury

Suffering from an injury is something everyone will deal with many times in their lives. If you’re jogging in the park you might trip, fall and scrape your knee or when playing football with friends you might dislocate a finger. We all know that, in order to recover, you need to treat these injuries.

For people who’ve sustained head injuries it’s not so easy. Injuries involving the brain can be complicated. You may have mild to severe symptoms which affect you immediately and fade away quickly or you may have symptoms that are delayed and linger on endlessly. Whether you’re a parent, coach or trainer, identifying the signs and symptoms of a brain injury is critical to ensuring that a child, or a player, gets the urgent care they need after concussion.

Mild Brain Injury Symptoms

There can be many causes of a mild brain injury that result in bothersome symptoms that are thankfully, in most cases, short lived. These symptoms are often the result of everyday events; a slip and fall on black ice in winter, falling off your bike in summer or the result of horseplay with a group of friends.

Mild symptoms include:

  • Intermittent headaches that come and go
  • Mild dizziness or lightheadedness
  • Moderate ringing in the ears, like the feeling you get after attending a loud concert
  • Feeling nauseous
  • Trouble sleeping

Severe Brain Injury Symptoms
Serious head injuries, not surprisingly, arise from accidents or events that cause significant trauma to the head. These can be closed head injuries, such as those suffered in a rear end collision at high speed, or an open head injury from a gunshot wound or a vicious hit from a blunt object.

For those who’ve suffered from a horrible accident, they generally experience more severe symptoms such as:

  • Loss of consciousness
  • Seizures or convulsions
  • Difficulty keeping their balance, lack of coordination
  • Serious nausea and vomiting
  • Constant headaches that don’t go away
  • Amnesia and memory loss
  • Blurred vision and an inability to focus
  • Agitated moody behavior
  • Feeling confused and disoriented

Victims of serious car accidents have been known to report symptoms months or years later including; slurred speech, trouble breathing, numbness in their hands and an inability to recognize a feeling of hunger. Severe brain injuries require significant time to recover.

When do Brain Injury Symptoms Occur?

Most of the time symptoms present themselves immediately after the injury. In addition to the pain, you’ll likely suffer from a headache, feel dizzy and in some cases nauseous. You will probably have trouble sleeping in the nights following the event and may experience a general lack of concentration. If the injury isn’t serious, you’re lucky, these symptoms should be short lived.

In some cases, those suffering from a brain injury may appear to be fine immediately after the event only to experience delayed symptoms. No matter how you feel you should get checked out by a physician. If you suffered a brain injury and begin to have symptoms weeks later you may not relate those symptoms back to your accident. Your family and friends may be the first to notice that emotionally you’ve changed. They may find that your mood changes quickly now, that you’re irritable whereas before you were very even tempered and slow to get annoyed at anything.

It’s important to seek medical attention soon after the injury. Doctors can schedule you for an MRI or CT scan to try to pinpoint the injury and the severity. Doctors can also recommend some type of therapy to deal with the physical, behavioral and emotional symptoms that accompany a brain injury.

Symptoms of Brain Injuries in Sports

Coaches for amateur and professional teams have seen firsthand the difficulties in recognizing concussions. After a hard contact during play, one that involves a hit to the head or the head of a player hitting the floor, trainers will go through a series of evaluations. Sometimes trainers observe no signs of a concussion or head injury only to see the player develop symptoms of a brain injury later.

Coaches and trainers need to be educated on recognizing the signs and symptoms of a brain injury. Players who’ve been injured during play may exhibit:

  • Memory or concentration problems and an inability to recall specific plays. Coaches may see this at practice in the days following a head injury or in the next game.
  • Slow reaction times can be another sign. A player who never misses a pass may suddenly start to cause turnovers. Erratic play can be a sign of a player who has lingering effects from a brain injury.
  • Lack of energy and problems sleeping. A team member who normally plays with high energy may now seem lethargic on the field of play because of poor sleep patterns brought on by a concussion.

Coaches, trainers, family and friends should all take part in candidly assessing the player in the days and weeks after the injury. Treating a brain injury begins with recognizing the symptoms, whether they appear immediately or in the weeks and months that follow.

When to Worry that Your Child has Symptoms of a Head Injury

Symptoms of a brain injury in children are harder to discern simply because children aren’t able to communicate how they feel like adults can. Parents should be on the lookout for changes in behavior that often manifest themselves after a brain injury.

Parents may be the best at diagnosing a head injury, such as a concussion because they know how their kids behave, their sleep schedule, eating habits, temperament and how they get along with their friends. Parents can tell if something isn’t right. If a child or teenager, who plays on the school team, begins to have headaches, exhibits sudden changes in behavior and moodiness, becomes forgetful, has lapses in recalling a teammate’s or coach’s name, these can all be signs of a concussion or some other type of brain injury.

If parents are aware of the signs and symptoms of head injuries, they can then act on them. Doctors will tell you that parents are the best when it comes to knowing how their child feels and when symptoms are a cause of concern.

Don’t brush off and ignore the symptoms of a brain injury. See a doctor and get a proper diagnosis. If an accident was the cause, call the personal injury attorneys at Fleming law. P.C. A lawyer can advise you for free and tell you if it’s worth pursuing a claim against an insurance company. Send us a message on our contact page or call us at 713-221-6800.

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What is a Brain Injury?

Unfortunately, ordinary events lead to many brain injuries, car accidents happen every day in Austin, injuries occur in high school sports, on the field and on the court and old folks, going about their day, will suffer a sudden stroke. These injuries can be life threatening and life altering. As a parent you’ll want to know how a brain injury will impact your child, and as a son or daughter you’ll be concerned about the well-being of your elderly parents. When you understand the basics of head injuries you’re in a better position to find treatment and rehabilitation options for your loved ones.

A brain injury requires immediate medical attention. Under the watchful eye of a doctor, and the support of an extended care team, these injuries, thankfully, can be treated and a majority of those suffering can recover and continue to enjoy their life with friends and family. Experts categorize head injuries into two categories: Traumatic brain injury (TBI) and Acquired brain injury (ABI).

What is Traumatic Brain Injury?

Traumatic Brain Injury is brought on by external events that impact the head. These events can be the result of:

  • Injuries from playing contact sports, either professionally or in organized leagues, and affect kids as well as adults
  • Car and truck accidents where the injury is a result of the trauma suffered from hitting your head on the steering wheel or dashboard
  • Injuries at work such as the impact of falling objects on an oil rig or construction site falls
  • Elderly people who slip and fall at home

What is Acquired Brain Injury?

Acquired Brain Injury can be brought about by internal events such as:

  • A stroke that limits the amount of oxygen flowing to the brain which in turn causes the injury to the brain
  • Infectious diseases such as Meningitis and Encephalitis can cause inflammation of the brain
  • Toxic exposure, carbon monoxide poisoning or lead exposure can affect the central nervous system and cause a brain injury
  • Tumors can damage the brain because of the pressure they create on the brain

Evaluating an Injury Using the Rancho Los Amigos Scale

Named after a rehabilitation center in Los Angeles, the Rancho Los Amigos scale is used by doctors to assess the levels of cognitive function in individuals who’ve suffered very serious closed head injuries. The levels are numbered 1 to 10, with 1 representing a person in coma to 10 a person living independently, who can handle daily tasks in a way similar to their pre-injury condition.

For example, after suffering a moderate to severe brain injury, a patient may be in a level 5 state. In this situation you’d typically be an in-patient at a rehabilitation center since you’d require almost constant assistance with daily tasks. You would exhibit the following:

  • Disoriented behavior, as you may not know what time it is or what day it is
  • Your memory, especially recent memory, would be impaired
  • Able to respond to and perform simple tasks only with direction from others
  • Converse with others but only for brief periods

Luckily, the vast majority of people who suffer brain injuries recover to the upper end of the Ranch Los Amigos scale. At level 10 you’d be able to live independently and work again. You may have some ongoing lingering effects from the brain injury where you’re easily frustrated or at times mildly irritable.

When you reach the rehabilitation stage of your treatment, health care professionals will use the Ranch Los Amigos scale to create a treatment plan specifically tailored for your needs. In addition, your family and friends will be an important extension of these professionals to give you added support in your recovery.

What are the Effects of a Brain Injury?

Brain injuries lead to a number conditions that will present challenges to you immediately after the event or accident. Fortunately, there are a wide variety of treatments available to help you get better and cope with the injury. The effects of your brain injury can include:

  • Cognitive issues where you can’t remember what you did an hour ago or what you’re supposed to do now. You may have trouble recalling people’s names or recalling certain plays for your basketball, football or baseball team.
  • Physical impairments, most commonly headaches from concussions or a lack of coordination from a stroke.
  • Emotional distress such as depression or anxiety, if you have a job a brain injury will temporarily impact your ability to work and earn a living, an incredibly difficult situation to manage.
  • Behavioral effects can manifest themselves with sudden changes in mood, irritableness and a short temper.

Those who suffer from the after effects of a brain injury need the support of doctors, therapists and most importantly family. With time, rest and care from your medical providers you can recover fully or at least manage your injury.

Brain Injury Treatment and Recovery?

If you’re recovering from a head injury due to a car accident or workplace injury it will take time. Don’t continue your normal busy work schedule or continue your regular daily activities such as cleaning the house or working out. If you just pretend that nothing is wrong, you won’t get any better.

You should always take your doctor’s advice, and:

  • Take time off of work, rest during the day and get plenty of sleep at night
  • Take a break from working out since strenuous exercise will slow your recovery
  • Avoid playing video games, gaming on PlayStation or using your computer, the stress on your brain will lead to headaches and a longer recovery
  • Get support from your work so they’ll understand the seriousness of our injury and help you fully recover

Rehabilitation for your Brain Injury

After receiving initial treatment for you brain injury a period of rehabilitation will follow. This is the case for serious types of injury such as a concussion suffered in a car accident or from a stroke. The length of time for rehab and the type of therapy you receive will vary.

The services you receive may be in-patient or out-patient at a hospital or in-home care. Your care team will advise you and your family and you should follow their advice. For traumatic brain injuries from a sports related concussion or a work injury your rehab could include:

  • Monitoring your general feeling day to day, frequency of headaches, dizziness, testing of your balance and coordination
  • Physical therapy if you’re active in sports or if your job is primarily physical in nature such as working in construction or in the oil and gas industry
  • Psychological treatment and therapy to help you with moodiness, depression and agitative behaviors

For acquired brain injuries you’ll require a different type of rehab:

  • Speech and language therapy to recover from a stroke
  • Strength and coordination therapy to assist you with day-to-day activities like walking, getting dressed, cleaning your house and cooking
  • Rehab for your cognitive abilities, so you can understand conversations with others and regain your memory retention, reading and comprehension skills

If you or a family member suffered a brain injury in a car accident or at work, call Nicholas Fleming and the attorneys at Fleming Law, P.C. The consultation and advice are free and you won’t pay ANYTHING until or unless the attorney wins a settlement for you. Call 713-221-6800 or send us a message here.

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Thursday, January 28, 2021

PPP 2.0 is Here: Should Insurance Companies Follow Suit?

The Paycheck Protection Program (PPP) is back with a second round. These programs offer loans of up to $2 million to companies that continue to pay their employees. PPP is an effort to help small businesses around the country stay afloat.

Early in the pandemic some insurance companies provided relief to their customers. Is it time for them to step up again and provide a second round?

PPP Round 2 Highlights

PPP round 2 will funnel $284 billion of the $900 billion plan into the banks of businesses so that they can continue to pay their employees during this turbulent period of time. There are a lot of great benefits coming out of this package that will be able to assist businesses, and hopefully, keep many of the mom-and-pop stores up and running when the pandemic is over.

A few of the highlights of the program are:

  • Additional funding
  • Funding for businesses that experienced a significant revenue drop in 2020
  • Clarifications on business expense deductions for forgiven loans

In order to qualify, businesses can employ no more than 300 people, have used the first round of PPP, or agree to use the entirety of the second funding round for employee salaries, to fund payroll, rent, utilities and mortgage interest payments. Insurance premiums can also be paid through the program.

While there’s a lot of criteria that need to be met to be eligible for a loan, one is that revenue must be down 25% or more compared to the same quarter a year ago.

Most businesses, over 90% of them, received loans of $50,000 or less, as they try to stay afloat during this unprecedented time. As the second wave of COVID descends on the United States, and as many cities impose strict restrictions on business, there’s a growing question: should insurance companies be doing more?

Insurance Companies Remain Strong and Grew Revenue in 2020

Insurance is a must-have in many states. If you sit behind the wheel of a car, you need to have insurance, and this hasn’t changed due to the pandemic. The problem is that consumers and business owners are struggling to make ends meet, while the insurance companies continue to profit from the pandemic.

Auto Insurers are Benefitting from the Pandemic

The pandemic has led to more people staying home. People are driving less for a variety of reasons. Some people are out of work, others are telecommuting and there’s also the factor that many restaurants and forms of entertainment are closed.

The Bureau of Transportation reports that daily travel took a significant dive in the spring, but there was a rebound in summer.

People were back on the road, but the overall number of miles driven is still well below normal levels. With fewer people on the roadways, there’s also a very positive trend of fewer automobile accidents.

In fact, one report found that the number of auto crashes is significantly lower than in 2019. How much lower?

  • 181,000 less accidents in Colorado, Maryland, Massachusetts and Texas

With the number of accidents down, insurers are paying out less in claims and able to pocket the money. Keep in mind that this figure only accounts for a few states. Insurance companies did offer some breaks to consumers, especially during the initial months of COVID-19, but these breaks ended largely in April and May of 2020.

The same report found that after May, there have been 83,000 fewer accidents than normal.

Fewer Accidents Equates to Higher Profits and Demands for Refunds

Insurance companies set rates based on a number of factors. When there are fewer accidents, they’re able to make more money, but there’s often a reflection in lower premiums passed on to consumers.

While a lot of companies did their part in the early days of the pandemic, they’ve since stopped.

A few of the companies that were stepping up and offering discounts of some form are:

  • Allstate pushed savings on to consumers
  • American Family Insurance pushed savings to consumers

American Family sent consumers a $50 check for each of the vehicles on their policies. Allstate reduced premiums by 15%. But these are just two of the many insurance companies that decided to help out their policyholders.

Many companies didn’t offer any help, and what we’re seeing now is that a lot of companies have experienced significant growth, while many are out of work and businesses are closing. Let’s look at Progressive Insurance and how well they faired.

Progressive Insurance Financial Statements

Progressive released their financial statement to the SEC, as is required, and provides insight into the last nine months, ended 2020. There are a lot of indicators in the report that show Progressive profited greatly from the pandemic.

A few of the key points are:

  • 10% increase in revenue
  • 33% increase in net income before taxes
  • 250% increase in short term investments, clearly indicating of a buildup of cash reserves

Progressive is only one car insurance company, and it’s highly likely that every car insurance company benefitted from fewer people being on roadways.

The question is: when will consumers see savings?

Two groups have already demanded that insurance companies offer refunds to policyholders. While these companies are designed to make profit, they’re one of the only industries that enjoyed much lower risks and higher profits this past year.

PPP loans, while very helpful, are only going to be able to help businesses stay afloat for so long. A lot of businesses may not be able to receive funding, and workers may be unable to maintain the same number of hours or work at all.

The strain of COVID has been far-reaching, and as insurance companies continue to profit, it may be time that they start giving money back to their policyholders: residential and commercial.

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