Mainers:  Just Hang Up and Drive!  That should be a bumper sticker, and here’s why:  A cellphone user in traffic has the same reaction time as a drunk.  Don’t think so?  There’s scientific proof. 

Check this out: http://www.youtube.com/brainrulesbook#p/a/f/2/HPB6EH2tMkE

Have a safe trip home for the Holidays.

Alison

Alison Wholey Mynick, RN/Briggs & Counsel, LLC

Is there anything worse than saying “Have a good time–be back by midnight!” to your teen, then hearing a knock at the door at midnight.  The State Police Trooper says it all without saying a word.  If you look up Aleisha Sonksen on the Internet, you will see that she died in an accident early today, around midnight.

But the Internet shows that Aleisha Sonksen is more than just a name in a newspaper report of a teen death.  She was a runner– Look at her race times.  She was a writer–a Semi Finalist in the 2007 Letters About Literature Contest.  She was a Knox County girl that couldn’t be protected from death.  Or could we have done something?  Did anyone see a little sports car speeding or being driven in a less than safe way?  Do we say “Tsk, Tsk, none of my business” because we don’t want to get involved, be nosy or intrusive?  Recently, my teenage daughter’s boyfriend was grounded from driving for two weeks.  The reason:  A mom saw him pull out of the school parking lot going too fast.  She called the boy’s mom.  A discussion ensued.  A grounding followed that.  I am so grateful to both moms, and to anybody who looks out for my child–a teenager still is that, a child–in the only way we can.  Please don’t be afraid of being labeled intrusive or nosy when you see a driver doing something you wouldn’t want done if your child was on board. Save a life.  Speak up. 

Alison Wholey Mynick

Briggs & Counsel, LLC

When a part of a building collapses, as it did late last Saturday night at the Rack at Sugarloaf, serious injuries can occur.  It’s been reported that folks standing on exterior decking fell when the flooring collapsed.  Injuries from a height of 15 feet or so can range from bumps and bruises, to fractures, ligament tears, crush injuries, and even death.  No one died in the collapse at the Rack, but when the reporters move on to the next story, what happens to the injured?

The National Institutes of Health explains the process of healing when a bone breaks or a ligament tears:   “At the moment of injury: Chemicals are released from damaged cells, triggering a process called inflammation. Blood vessels at the injury site become dilated; blood flow increases to carry nutrients to the site of tissue damage.Within hours of injury: White blood cells (leukocytes) travel down the bloodstream to the injury site where they begin to tear down and remove damaged tissue, allowing other specialized cells to start developing scar tissue. Within days of injury: Scar tissue is formed on the skin or inside the body. The amount of scarring may be proportional to the amount of swelling, inflammation, or bleeding within. In the next few weeks, the damaged area will regain a great deal of strength as scar tissue continues to form.Within a month of injury: Scar tissue may start to shrink, bringing damaged, torn, or separated tissues back together. However, it may be several months or more before the injury is completely healed.”

How could you help  if someone you love has been injured at a restaurant or tavern property? First, you need to make sure your friend or family members gets the best possible medical care. 

When you help a family member choose a doctor or therapist, you want it to be someone with experience who understands the mechanism of your injury, how traumatic  injuries heal, and when to step in with more aggressive treatment or surgery. 

When you choose a Maine personal injury lawyer, you want the same thing: an attorney with experience handling serious injury cases, who knows how injury cases are resolved, and who knows when to be more agressive dealing with insurance companies.  

By: Alison Wholey Mynick, RN, Esq.

April 19, 2011, Copyright Briggs & Counsel, LLC

Another fatal car crash along a Maine road.  Another family, or a number of families, confronted with a loss too.

News accounts of passengers in a crash that are “young and from the area” mean that an entire group of families are suffering.  The losses are so enormous that words haven’t been invented to describe the impact of a lost child.  The fact that the lost child was on the verge–the verge of graduation, perhaps- the verge of joyful opportunities that young adulthood holds- makes the pain the families bear all the more difficult.  When a car skids out of control and kills a teenager, the entire family’s life skids out of control too. 

In the midst of a loss so tremendous, how is a family supposed to marshal the resources to protect against an insurance company that can take advantage of the loss and try to write off the child’s life with a quick and easy insurance release ?  In Maine, except in medical malpractice cases, a family has only two years from the date of death to sort things out and bring a Wrongful Death lawsuit.   

Many families still feel the death as a fresh injury after two years, yet action must be taken or there will never be a chance to recover compensation.  As a Maine Registered Nurse, I have “been there” at the hospital when parents learned of a child’s death.  But as an injury attorney in Maine, I have also witnessed the damage to grief stricken parents months and even years later.  Parents of a deceased  child  have legal matters to attend to following a child’s death, but often their grief robs them of the energy to devote to the legal side. 

Even such a simple matter as reading the insurance policy to determine whether their child’s funeral can be paid for from the proceeds of an automobile policy–and which policy–might require legal interpretation.  A parent whose child has passed away needs help, and more than anything else, they need time. Time to grieve, time to stabilize and time begin to pick up the pieces of a life that will never be the same.

Perhaps it’s time to take a look at the two year Wrongful Death statute of limitations.  Perhaps it’s time to put the grieving parents first, instead of insurance companies. 

Alison Wholey Mynick, RN, Esq. /Briggs & Counsel, LLC/2011

      We love the outdoors. We get through the Maine winter, tell ourselves its spring on Opening Day for the Seadogs–no matter what the temperature is–and stay outside as much as we can until the summer is over and we start to gear up for winter again.

Being healthy is especially important for enjoying the Maine outdoors.  If you’ve hurt your knee, shoulder or your back in a car accident in Maine, arthritis that develops after the injury can ruin summer fun for decades.  Ifyou’re a car accident victim in your thirties,  did your lawyer discuss with you that one very real problem isn’t going to “blossom” until much later?

Osteoarthritis can follow  injury to a joint. For example, a young person might hurt his knee badly playing soccer. Or someone might fall or be injured in a car accident. Then, years after the individual’s knee has apparently healed, he might get arthritis in his knee joint.

Is it fair that a negligent driver can change you from the sixty- five year old Mainer  who easly lifts a five year old grandchild  to get a better view of Slugger the Seadog, into a stay- at -home, stay-inside grandparent missing out on all the fun your grandchild wants you to enjoy together?

Life doesn’t end with a get-this-over-quickly settlement check. Make sure your Maine lawyer knows enough about joint damage from car accidents  to counsel and protect your future interests.  You deserve the best medical and legal outcome available.

Alison WholeyMynick, RN, Esq.
Briggs & Counsel, LLC. Copyright 2011

WHAT TO DO IF YOU ARE IN AN AUTOMOBILE ACCIDENT IN MAINE

Any automobile accident is a traumatic experience.  Even when damage to the persons or vehicles involved is minimal, the event can still be upsetting.  Thus, this information sheet was designed with helpful guidelines for you to follow in the event of an accident.  Many problems can be avoided or lessened if you know what steps to take.

If you are Involved in an Accident

1)             STOP!!  The law requires that the driver of any vehicle involved in an accident must stop.  Pull your vehicle over to the side of the road or other safe place, away from traffic, if possible.

2)             If possible move your vehicle away from the path of oncoming traffic.

3)             If the vehicle cannot be moved off of the road, put on your emergency blinkers and place a warning to oncoming traffic down the road.

4)             Assist the injured.

5)             Call the police and request other emergency assistance as needed.

6)             Obtain the names and addresses of all witnesses.

7)             Exchange information with the other driver(s) involved.

8)             Sketch a drawing of the accident on the back of this sheet.

9)             Never leave the scene of an accident!  It’s against the law to not stop in the event of an accident that you are involved in.

10)           

Assist the Injured.  Your first responsibility after stopping is to assist any persons with injuries.  If someone is seriously injured, immediately call for an ambulance or doctor.  DO NOT MOVE SERIOUSLY INJURED PERSONS.  Only qualified persons should give emergency medical assistance.

Report the Accident.  Call (or ask someone else to call) the local police department to report the accident.  If is always advisable to have the police at the scene of an accident so a report can be filed.  If liability has to be established, their report will be invaluable.

Witnesses.  Write down the names and addresses of anyone who witnessed the accident or can offer information in regard to the accident, including any information you can obtain about what the witnesses observed.

Exchange Information.  Use the forms on the back of this sheet to record information at the time of your accident.

See Your Lawyer.   Car accidents can cause injuries that insurance companies may regard as minor or irrelevant and not want to pay for.  You’ll need an experienced lawyer who will fight for your best interests.  Don’t sign any documents until you’ve consulted with a lawyer.  You could be signing away your legal rights to a fair and just settlement.

C. Donald Briggs, III, Esq., Civil Trial Specialist

Alison Wholey Mynick, RN, Esq.

Committed to You!                                                    

The Other Driver and His/Her Vehicle Information

(Fill This Form Out at the Scene of Your Accident)

Other Driver’s Name______________________________________________________

Other Driver’s License Number______________________________________________

Street Address______________________City___________________State___________

Vehicle License Plate Number_______________________________________________

Make & Type of Vehicle _______________________________Year________________

VIN Number (located on the windshield of vehicle) ______________________________

Any verbal statement made by the other driver as to the cause of accident:

NAMES AND ADDRESSES OF ALL PASSENGERS IN THE OTHER VEHICLE

Name________________________ Address____________________________________

Name________________________ Address____________________________________

Name________________________ Address____________________________________

NAMES AND ADDRESSES OF WITNESSES TO ANY FACT REGARDING THE ACCIDENT

Name________________________ Address____________________________________

Name________________________ Address____________________________________

Name________________________ Address____________________________________

DIAGRAM THE ACCIDENT

1.  Show and number the vehicles, noting their direction of travel by arrow, using a solid line to show path before the accident, a dotted line to show the path after the accident;

2.  Designate pedestrians by marking an X as to their position;  3. Note any visibility obstructions; 4. Identify any landmarks, showing location/distance.

The brain is a complex and vital organ that shapes who we are. It allows us to understand questions and solve intricate problems. It produces our emotions while crafting our personalities and it helps us to live on both a biological and spiritual level. If the brain should experience damage then the essence of who we are could be lost forever. This is why traumatic brain injuries can cause grave damage to the life of its victim. 

According to Center for Disease Control and Prevention, a traumatic brain injury (also known as TBI) is an affliction that 1.4 million Americans sustain each year, 50,000 of whom don’t survive. While TBIs have differing levels of severity (ranging from mild to severe), they are usually caused by a simple injury to the head and/or neck.  Falls are the leading cause of TBIs, accounting for 28% of all TBIs, while motor vehicle accidents account for 20%. However, motor vehicle accidents have a higher frequency of TBI-related hospitalizations, which studies have shown effect over 280,000 people each year. There is a variety of causes of head injuries. TBIs result from open or closed head injuries, as well as deceleration injuries (also known as a diffuse axonal injuries), but the complexities of head injuries delve much deeper.

A traumatic brain injury can have life-altering effects on a victim’s emotional and physical well-being, and can do severe damage to the physical nature of the brain. A head injury may require years, if not decades, of special care and rehabilitation from care facilities like CareMeridian, Las Vegas Nursing Home. The impairments from a brain injury can affect speech, vision, coordination, short-term and long-term memory, and may even result in mood swings and behavioral changes in personality. Considering that every brain injury is different, rehabilitation depends on the individual case and injury; yet, prevention is possible. 

For an injury as debilitating as TBI, prevention is essential. Luckily, prevention is not difficult. When driving, the best way to avert a TBI is by wearing a seatbelt and not being under the influence of alcohol. In fact, according to the Brain Injury Association of America more than 50% of people with a brain injury were intoxicated at the time of their injury. It’s also smart to always wear a helmet when riding a bike, thus reducing the risk of a head injury by almost 90%. If the right precautions are taken, the severity of TBIs can be reduced if not prevented.  

There is a lot that is still unknown about the inner workings of the human brain. However, what is known for certain is the life-changing affects that a TBI can have on its victims and their families as a result of irreversible damage to the function of the brain.

C. Donald Briggs, III, Esquire

Briggs & Counsel, LLC

Many Mainers do not know that automobile insurance policies in Maine are required to cover funeral expenses.   The reason might be that funeral expenses benefits are listed as medical payments coverage, and the wording about funeral expenses might be easy to overlook.

It is important to know that mandatory  “medical payments” coverage pays for the medical and funeral expenses incurred by someone killed in an accident while riding in or driving in a car. Claims against this required coverage include all reasonable funeral expenses. It will also cover a member of a household for funeral expenses resulting from an accident involving another vehicle while walking or biking, or while riding in another car. This coverage will pay for funeral expenses regardless of who caused the accident. 

This coverage is there for the asking.  A useful publication that emphasizes this point is “A Consumer’s Guide to…Personal Auto Insurance”, a publication of the Maine Bureau of Insurance, which can be found at: http://www.maine.gov/pfr/insurance/consumer/auto.htm.

It is not usually necessary to have a lawyer to talk to your insurance company about recovering funeral expenses.  All that is usually needed is a telephone call to your automobile insurance company.  In any event, many attorneys would  be happy to make the call to the insurance company without charging a fee for doing so.  

Alison Wholey Mynick, RN, Esq.

Briggs & Counsel, LLC

Copyright 2011 Briggs & Counsel, LLC

Rockport Attorney C. Donald Briggs, III has been named to the list of New England “Super Lawyers” once again.  For the fourth year in a row the Michigan based publication “Super Lawyers” listed Don Briggs among the ranks of only 5 percent of the lawyers in Maine to receive this honor. 

Don Briggs is well known for helping Maine victims of car accidents, medical malpractice, and other personal injury negligence cases. Though he has handled thousands of personal injury cases in his career, Don is also known for his attitude that “Everyone’s injury is unique, and everyone deserves individualized legal services “. 

Don Briggs is one of only two board certified Civil Trial Advocates in Maine, and served as past president of the Maine Trial Lawyers Association.   

Though mindful that  even so called “minor” injuries can have a major impact on  hard working Mainers, Don Briggs often takes on the most catastrophic injury cases in the State of Maine.  He is a member of the Million Dollar Advocates Forum  and has been recognized as a Fellow by the National College of Trial Advocacy.

Attorney Briggs emphasizes that winning top compensation for Mainers’ injury cases requires a lawyer willing to stay on top of national litigation trends and legislation.    He goes the extra mile for Mainers as a State Delegate to the American Association for Justice, the leading national organization protecting ordinary Americans’ right to jury trial.  On the local level, Don Briggs is currently president of the Knox County Bar Association.

The first step in treating a brain injury is to know that it occurred.  Not every bump on the head is a brain injury. On the other hand, being able to say “I’m fine” and get back in the game, behind the wheel or up off the ground doesn’t mean you really are fine.

Now, just like the blood test that confirms a heart attack, there is a simple blood test that shows brain injury.  In the days that follow a brain injury a biomarker called “UCH-L1” spikes in the blood.  An article in the Wall Street Journal reported in July that the  presence of UCH-L1 is considered a reliable marker of brain injury, but more research needs to be done.  One issue is whether the marker is valid for both severe and mild brain trauma.  According to USA Today, the US Army thinks it is, and is seeking FDA approval for the test.   The Army’s goal: find brain injured soldiers who are “under the radar” and treat them appropriately.    

Excitement about the test is understandable. Just think about all the different situations that leave Mainers wondering how seriously they are hurt: Maine soldiers concussed by a roadside bomb in Iraq, High School football players who “see stars” after a tough tackle, Sunday River or Sugarloaf skiers with and without helmets who fall hard, and even ordinary Mainers whiplashed by a careless driver who walk around in a fog for days or weeks.

Using UCH-L1 on the battlefield and in emergency rooms holds the promise of a rapid, inexpensive sifter to separate folks with a true brain injury from the “just a bump”  crowd.  

The test isn’t available in Maine emergency rooms today, but stay tuned.

Alison Wholey Mynick, RN, Esq.