After you have been injured in an auto crash, you must take steps to protect you and your case right away. The insurance company for the other driver and its adjustors and private investigators will immediately launch into defense mode to protect the insurance company and its money—not you. There are many things that you yourself can do protect you and your case, but, ultimately, you should hire an experienced attorney who can investigate, preserve the evidence, and build a winning case.
Contact and Hire an Experienced, Good Personal Injury Attorney
Your attorney can act quickly to investigate the facts and obtain and preserve evidence to prove the other driver’s negligence. For example:
Your attorney can quickly contact eyewitnesses and obtain recorded interviews. Over time, witnesses often forget the details of an accident. Obtaining an effective interview can be used to refresh the witness’s memory months later. A digitally recorded eyewitness interview may end up winning your case.
Your attorney can have either your vehicle or the other driver’s vehicle inspected for physical damage patterns and points of impact between the vehicles. Digital images of the physical damage pattern to a vehicle can prove the nature and extent of the impact that caused your injuries. The deformation pattern to the frame of a vehicle can show severe impact. Digital photographs of the points of physical impact on a vehicle can prove which driver likely had the right of way. If there is minimal visible damage to a vehicle’s rear bumper, then your attorney may have an auto mechanic inspect for structural frame damage that occurred to the vehicle but was obscured by the high-impact bumpers.
Your attorney may even download the event data recorder (EDR), also known as the “black box,” of the other driver’s vehicle to prove speeds before impact or distance travelled by a vehicle before the driver actually applied the brakes before impact.
Your attorney may check the traffic controls existing at the intersection where a crash occurred as well as the timing of the traffic lights.
Your attorney may obtain traffic camera data from a camera which was located at or near the scene of a traffic accident which captured the collision and, most importantly, the color of the traffic light at the time of the accident. This camera footage can win your negligence case—but it must be requested and obtained before it is automatically erased. For a state-controlled highway or road this requires a Illinois Freedom of Information Act (FOIA) request to the Illinois Department of Transportation (IDOT) under Illinois law 5 ILCS 120/1 (1966 & Supp 2010). For a City of Chicago accident scene, this requires a FOIA request on the Chicago Department of Transportation (CDOT). An experienced attorney knows how to obtain this camera data.
A properly drafted FOIA request can result in obtaining documents that show:
Video recording of the collision or traffic light control colors (i.e. red, yellow or green);
What traffic controls were installed and why;
Pavement markings for traffic control and direction of traffic; and/or
Recent roadway construction at the scene and lane configuration.
The evidence obtained by an experienced attorney will be available throughout your case to prove that the other driver was negligent and caused your injuries. Again, don’t delay in this crucial step to preserving your case!
Why Kurt D. Lloyd Is the Personal Injury Attorney For You
Kurt has a win rate in his cases that is three times the average rate of other personal injury attorneys. He has worked with engineers to reconstruct major accidents and win cases for his clients, and he has used digitally preserved evidence to create simulations of major accidents to show to a jury. In one case, Kurt used a traffic engineer to simulate the visual site lines at an intersection and prove that a “blind spot” existed for a pedestrian trying to cross the street.
As one of the Top 100 Trial Lawyers for civil cases in the state of Illinois—15 years running—Kurt Lloyd has the knowledge and expertise to take your auto accident case all the way to trial and win big.
Other attorneys have rated him A+ for trial skills. He has won a national award for his jury trial skills. Kurt has even written a bookOn Jury Selection for young Illinois lawyers. With vast experience in auto accidents, chances are Kurt Lloyd has handled a case like yours. Call attorney Kurt D. Lloyd at Grazian & Volpe today. 773-838-8100 Or, fill out our online form for a free consultation.
The above article was written by Kurt D. Lloyd of Grazian & Volpe. Kurt Lloyd has been practicing personal injury law in the Chicagoland area for over 30 years and has helped his clients win more than $355 million in jury verdicts and settlements from insurance companies and corporations. Kurt helps his injured clients regain their lives after injury. The information provided comes from his extensive legal and medical research and years of experience trying injury cases in courtrooms throughout Illinois.
After you have been injured in an auto crash, you must take steps to protect you and your case right away. The insurance company for the other driver and its adjustors and private investigators launch into a defense mode to protect the insurance company and its money, not you. There are many things that you can do protect you and your case. You must:
1. Seek appropriate medical treatment
If you have been hurt, or don’t know if you have been hurt, then you should visit the local hospital Emergency Department right away. A trained medical professional should evaluate your head, neck, and back and obtain appropriate tests, such as x-rays and scans. If you don’t get evaluated right away, then the insurance company will later argue that you must not have been really hurt. When you are discharged from the Emergency Department, follow the recommendations. If you are supposed to follow-up with a physician, do so.
2. Make a Police Report for the Traffic Accident
If you are at the scene, call the police. If you left the scene, go to the local Police Department and make a report. If you don’t make a report, then an insurance company can deny insurance coverage or claim that the accident did not happen the way you say it did.
3. Take Photographs of Your Vehicle
A picture is worth a thousand words. A digital photograph taken with your smartphone will preserve evidence of the damage from the collision and prove how hard the impact was. Try to photograph the other driver’s vehicle at the scene, if you are able.
4. Keep All Your Medical Bills, Medical Appliances, Prescription Medication Bottles, and Medical Records
If your case goes to jury, all of these can be used as compelling evidence of your injury and rehabilitation.
5. Contact and Hire a Good Personal Injury Attorney
Consultations are usually free. DO NOT DELAY! Call us now at 773.838.8100.
An experienced attorney can act quickly to preserve evidence to prove the other driver’s negligence:
He can obtain interviews of an eyewitness and record it. This interview may make or break your case.
He can inspect your motor vehicle or the defendant’s vehicle for physical damage patterns and points of impact between the vehicles. Digital images of the physical damage can prove the nature and extent of the impact. If there is minimal visible damage of an impact, then the attorney may have an auto mechanic inspect it for structural frame damage that occurred but was obscured by the high-impact bumpers.
A good attorney may even download the event data recorder (EDR), also known as the “black box,” from one of the involved vehicles to prove its speed before impact and its braking distance before the defendant actually applied the brakes before impact.
He may check the traffic controls at the intersection where a crash occurred, as well as the timing of the traffic lights.
Often, a municipal controlled traffic camera was located at or near the scene of a traffic accident and it captured the collision or the color of traffic light controls. This could ultimately win your negligence case. These include the request on the Chicago Department of Transportation (CDOT) or Illinois Department of Transportation (IDOT). But obtaining this data requires an Illinois Freedom of Information Act (FOIA) request under Illinois law 5 ILCS 120/1 (1966 & Supp 2010), which a good attorney knows how to request and obtain.
A FOIA document response may show:
Video recording of the collision or traffic light control colors, i.e. red, yellow or green;
What traffic controls were installed and why;
Pavement markings for traffic control and direction of traffic; and/or
Recent roadway construction at the scene and lane configuration.
While there is a lot you yourself can do to protect your case after an accident, there is no substitute for competent and experienced attorney who has handled such accidents before. So, while you should do all you can to preserve the evidence in your case, you should also consult an attorney soon after the accident.
Why Kurt D. Lloyd Is the Personal Injury Attorney For You
Kurt has a win rate in his cases which is three times the average rate of other personal injury attorneys. As one of the Top 100 Trial Lawyers for civil cases in the state of Illinois—15 years running—Kurt Lloyd has the knowledge and expertise to take your case all the way to trial and win big.
The above article was written by Kurt D. Lloyd of Grazian & Volpe. Kurt Lloyd has been practicing personal injury law in the Chicagoland area for over 30 years and has helped his clients win more than $355 million in jury verdicts and settlements from insurance companies and corporations. Kurt helps his injured clients regain their lives after injury. The information provided comes from his extensive legal and medical research and years of experience trying injury cases in courtrooms throughout Illinois.
After you have been injured in an auto crash, your life can feel upended—even desperate. So how do you find a good Personal Injury Attorney to help you get your life back again?
Watch out for the smiling attorney on highway billboards with big $$$ signs, or the sharply dressed attorney on a TV commercial of promising big money. Did you know that some of these personal injury attorneys have never won a jury trial for a client in their careers? In fact, they have never been involved in a jury trial. Some of these TV lawyers don’t even know where the courthouse is!
Keep in mind: an attorney does not need to have a winning success rate in and out of court in order to buy a Billboard Ad or Smile on a late-night TV commercial. What is being advertised is quick cash. The defense attorneys know who these “TV talkers” and Billboard boys” are and, most important, so do the insurance companies which write the checks and decide for how much.
Finding A Personal Injury Attorney: Know What to Ask
Personal Injury Attorneys offer a free consultation on your case. This is where and when you can determine whether the attorney is worth your case. You should ask:
What’s the attorney’s win rate in court for auto crash cases?
Make sure the attorney goes to court when necessary and that he wins more cases than he loses. Insurance defense lawyers know who these attorneys are and will often settle for the full value of your case with these injury attorneys.
How many auto injury cases does the attorney handle “hands-on” every year?
Make sure the attorney doesn’t hand-off his cases to paralegals and secretaries to be processed for a quick cash settlement.
How many cases did the injury attorney settle last year and for what average value?
Make sure that the attorney did not settle each of his cases for the cost of medical care. You want to know that the attorney settled each of his client’s cases for at least two or three times the value of his medical bills.
By asking these questions you will get a sense of the attorney’s competence and success and what his or her firm is like. This will enable you to make a more informed decision about who you will allow to represent you.
Why Kurt D. Lloyd is Personal Injury Attorney for You
Kurt has a win rate in his cases which is three times the average rate of other personal injury attorneys. As one of the Top 100 Trial Lawyers for civil cases in the state of Illinois—15 years running—Kurt Lloyd has the knowledge and expertise to take your case all the way to trial and win big.
Other attorneys have rated him A+ for trial skills. He has won a national award for his jury trial skills. Kurt has even written a book On Jury Selection for Illinois lawyers. With vast experience in auto accidents, chances are Kurt Lloyd has handled a case like yours. Call attorney Kurt D. Lloyd at Grazian & Volpe today at 773.838.8100, or fill out our online form for a free consultation.
The above article was written by Kurt D. Lloyd of Grazian & Volpe. Kurt Lloyd has been practicing personal injury law in the Chicagoland area for over 30 years and has helped his clients win more than $355 million in jury verdicts and settlements from insurance companies and corporations. Kurt helps his injured clients regain their lives after injury. The information provided comes from his extensive legal and medical research and years of experience trying injury cases in courtrooms throughout Illinois.
In the last Blog, we considered the scenario in which a rear-end collision triggered spinal pain and disability because, through the natural aging process, as our spines develop degenerative disc disease (“DDD”), our spines become more susceptible to injury after an impact (read more about degenerative disc disease/DDD here).
In this Blog, we discuss a different scenario: you already have a pre-existing back condition that is well-managed and you are enjoying life, but suddenly a rear-end impact aggravates your back condition causing it to become unbearable. Do you have a personal injury case? Absolutely!
The attorneys at the law firm of Grazian & Volpe have handled hundreds of auto crash cases and understand the medicine and law dealing with the aggravation of pre-existing injuries. In this Blog, which is part of a series on spinal injuries caused by rear-end auto accidents, we shall use a typical case of an aggravation of a pre-existing injury and explain how such a case is handled.
Aggravation of Pre-Existing Condition
Take the case of a 50-year-old man who goes to his doctor complaining of low back pain, gets an MRI performed, and is diagnosed with a bulging disc. He has occasional pain and discomfort from his bulging disc, but he learns to manage it through physical exercise and maintaining his health to keep his disc from further deteriorating. In other words, he is doing nothing that would, of itself, aggravate, i.e. worsen, his bulging disc. Altogether, his condition is stable and requires neither medication nor surgery.
Enter a negligent 20-something-year-old driver who rear-ends the 50-year-old man at a stop sign while texting a friend. The man now complains of excruciating pain associated with the same bulging disc. His doctor orders another MRI, but the man’s disc appears the same: it hasn’t herniated. Nonetheless, the man still complains of experiencing more pain after the accident than before and he can sit for only half the time that he used to be able to. So, his doctor prescribes him prescription anti-inflammatories and physical therapy and advises he take off work to rest in bed. What happens now?
The Eggshell Plaintiff Rule
In Illinois personal injury law, there is what is called the “Eggshell Plaintiff” rule. The “Eggshell Plaintiff” rule basically means that the defendant, or negligent driver, must take the injured plaintiff as he or she is found. Basically, whatever state the injured plaintiff was in at the time of the accident—that is the state to which he should be returned by means of compensation.
In the case of our 50-year-old man, the law says that he should to be compensated for the aggravation or worsening or his bulging disc. Because the man cannot be physically returned to his pre-accident status, the law provides the monetary compensation for aggravating effect of the collision.
Proving Aggravation of a Pre-Existing Condition
Juries are notorious for having difficulty deciding cases that involve an aggravation of a pre-existing condition. Why? The trial attorney for the injured plaintiff may be inexperienced or unskilled in how to communicate your situation coherently, and there’s nothing worse for your case than a confused jury.
When presenting your case to the jury, your attorneys should strain to make the jury’s deliberations as easy as possible. This means lining up evidence that makes it easy for the jury to gauge the aggravation of your pre-existing injury and to put a value on your pain and suffering.
Every case is different, though, which is to say that the evidence needed or available to prove an aggravation of a pre-existing condition will be different in each case. Prior and post medical records are extremely important: the prior will establish your “baseline,” while the post will demonstrate what aggravation resulted from the accident. Employment records can also be helpful if they show a change in occupation or position that can be tied to the aggravation. An impartial “injury witness” also goes a long way to convincing a jury of the aggravation, particularly when this disinterested witness can attest to your health and activity before and after the accident. Finally, if you participated in hobbies or activities that you had to give up on account of the aggravation, this also is helpful evidence.
Cases involving the aggravation of a pre-existing condition are not the easiest to win. Insurance or defense attorneys know that a lot of discovery work must go into such cases, and oftentimes expert medical witnesses must be called. This tends to add up quickly, subtracts from your ultimate compensation, and discourages some personal injury attorneys from taking such cases.
Nevertheless, all cases are different and you should definitely seek a free consultation before dismissing the possibility of a lawsuit to recover for your aggravation. Only an experienced injury attorney can give you a sense of the strength of your case. Don’t wait: call attorney Kurt D. Lloyd of Grazian & Volpe today at 773.838.8100, or fill out our online form for a free consultation.
The above article was written by Kurt D. Lloyd of Grazian & Volpe. Kurt Lloyd has been practicing personal injury law in the Chicagoland area for over 30 years and has helped his clients win more than $355 million in jury verdicts and settlements from insurance companies and corporations. Kurt helps his injured clients regain their lives after injury. The information provided comes from his extensive legal and medical research and years of experience trying injury cases in courtrooms throughout Illinois.
In a rear-end auto crash, the impact often results in injury to the cervical or lumbar spine. As we each grow older, the impact can cause much more immediate signs and symptoms of a spinal injury, because as we age a normal underlying condition known as Degenerative Disc Disease (“DDD”) can act as a set-up for a spinal injury.
DDD is a natural result of aging: we all have it to greater or lesser extent. But as our spines age normally the majority of us do not experience any pain or limitation from DDD. We remain asymptomatic. Although insurance companies and their defense lawyers know this is a normal phenomenon, they will likely mount a rigorous “Triple-D” defense as the cause of a rear-end accident victim’s pain and disability. That is, defense lawyers will blame normal aging of the spine as the cause of your injuries.
Some personal injury firms might take the bait and make a quick settlement based on the Triple-D defense, but the attorneys at Grazian & Volpe have encountered this misleading defense many times before, and know it can be overcome to get you the full settlement you deserve.
The attorneys at the law firm of Grazian & Volpe have handled hundreds of auto crash cases and understand the medicine related to Degenerative Disc Disease. In this Blog, which is part of a series on spinal injuries caused by auto accidents, we shall explain what DDD is, how it is diagnosed, and what is done to treat a it.
Degenerative Disc Disease (DDD)
Degenerative Disc Disease is a natural consequence of aging. Everyone experiences DDD to a greater or lesser degree during their life. As the discs between the vertebrae in the spine age and become dehydrated and “flattened,” DDD occurs.
The human spine is made up of a column of vertebrae with jelly-like, fluid-filled discs in between them. hese discs act as the shock absorbers during everyday activities and facilitate flexibility. Our spinal discs are made up of two parts: the outer, fibrous part known as the annulus or annular ring; and the inner part, which is a jelly-like nucleus that absorbs shocks to the spine.
When we’re born, these discs are comprised of 80% water. However, as we age, the water content naturally decreases and the discs generally deteriorate with the passing years of wear and tear. The areas of the spine most susceptible to disc degeneration are the cervical spine (neck) and the lumbar spine (lower back) because these areas undergo the most motion and stress from everyday living.
What the degeneration of these discs means is that your body goes from having Krispy Kreme donut-like cushions between your vertebrae to cushions more like Swedish pancakes, with little shock absorption and suppleness.
But the most important thing to remember is that this doesn’t mean you automatically “feel” it as your spine ages. You can live into your 80s without experiencing any pain related to the degeneration of your discs, because DDD is usually asymptomatic. That is, until a rear-end auto collision occurs.
This is all to state the obvious: a 30-year-old body and a 60-year-old body will respond to the trauma of a rear-end collision differently. The 30-year-old might get up and skip away, while the 60-year-old can barely turn his neck. While the insurance lawyers launch into their “Triple-D” defense, arguing that your neck pain is just the result of a pre-existing DDD, the truth is that a car accident can activate or trigger DDD symptoms that would likely never have developed in the absence of the trauma.
Diagnosis of DDD
Importantly, the trauma of the auto accident is the likely the cause of neck or back pain and disability, and not the pre-existing DDD in your spine which was asymptomatic before the trauma from the auto crash occurred. Therefore, the only certain way to learn of the condition of your discs is to be diagnosed by a medical professional.
A medical professional will take your medical history and perform a physical examination, checking for abnormalities, reflexes, and range of motion. But to diagnose DDD in the spine, a physician should order an MRI scan of the spinal area involved.
Long Term Treatment of DDD
In patients who have silent, underlying DDD, but then suffer spinal trauma in an auto accident causing pain, many long treatments are available. Long-term treatments in trauma patients who also have DDD target reducing the related neck or back pain through pain management, physical therapy, and lifestyle modification. Pain management might include heat or ice treatments and pain medications. Physical therapy might include stretching to improve flexibility, strengthening exercises to improve stability, and/or aerobic exercises to maintain healthy circulation. Some lifestyle modification might include avoiding nicotine and excess alcohol, using ergonomic furniture, and incorporating more movement into your daily routine.
The good news about car accident trauma patients who also have DDD is that, while the discs naturally degenerate, the pain triggered or exacerbated by spinal degeneration will actually feel better with time and proper treatment.
If you suffer from neck or low back pain due to someone’s negligence, getting an accurate diagnosis of your injuries is crucial. It is important to be informed and to utilize qualified medical professionals and experienced personal injury lawyers to help you fully recover. Call attorney Kurt D. Lloyd of Grazian & Volpe today at 773.838.8100, or fill out our online form for a free consultation.
The above article was written by Kurt D. Lloyd of Grazian & Volpe. Kurt Lloyd has been practicing personal injury law in the Chicagoland area for over 30 years and has helped his clients win more than $355 million in jury verdicts and settlements from insurance companies and corporations. Kurt helps his injured clients regain their lives after injury. The information provided comes from his extensive legal and medical research and years of experience trying injury cases in courtrooms throughout Illinois.
In a rear-end auto collision, whiplash, or an acceleration flexion-extension neck injury, often occurs as a result of the forces acting on the body. While a properly set headrest can minimize incidences of whiplash, most drivers (approx. 90%) don’t have their headrest in the right position: the headrest is best set so that the top of the headrest is above the driver’s ears with less than four inches (4”) between the back of the head and the headrest. Failure to properly set one’s headrest can increase the risk of whiplash by up to six fold.
Whiplash usually leads to cervical strain or cervical sprain, but it may take days or even weeks until you begin to feel the effects of a rear-end collision. Moreover, headaches themselves are common secondary injuries in car crashes, especially rear-end crashes that involve whiplash. Yet a headache can have more than 300 differential diagnoses. A cervicogenic headache is but one of many chronic headaches, and, while it is a common one, it is often misdiagnosed.
The attorneys at the law firm of Grazian & Volpe have handled hundreds of auto crash cases and understand the medicine related to post-traumatic cervicogenic headaches. In this Blog, which is part of a series on spinal injuries caused by auto accidents, we shall explain what a cervicogenic headache is, how a cervicogenic headache is diagnosed, and what is done to treat a cervicogenic headache.
Post-Traumatic Cervicogenic Headaches
The neck, also called the cervical spine, consists of seven (7) vertebrae, labelled C1 through C7; their corresponding cervical nerves; and muscles and ligaments. Of those seven vertebrae, C1, also known as the atlas, connects the skull to the spine; C2, the axis, allows for rotation of the head; and C7 connects the neck to the upper back (the thoracic spine) at the shoulder level. When whiplash occurs, it is the cervical region of the spine that usually becomes injured.
A cervicogenic headache is a secondary headache, meaning it is a result of another injury, such as cervical osteoarthritis (spondylosis), a damaged disc, or whiplash resulting in the irritation or compression of a cervical nerve. At times, the symptoms associated with a cervicogenic headache may mimic that of a migraine. At first, the pain may be only intermittent; but then it often spreads to one side of the head (unilateral) and may become continuous. Additionally, cervicogenic headaches can be exacerbated by certain neck positions or neck movements. Cervical nerves C1, C2, or C3 is often where the underlying injury exists in cervicogenic headache cases because these nerves enable movement and sensation of the head and neck.
Signs and Symptoms of Cervicogenic Headaches
The International Headache Society (IHS) defines a cervicogenic headache as:
Pain, referred from a source in the neck and perceived in one or more portions of the head and/or face, fulfilling paragraphs C and D below.
Clinical, laboratory and/or imaging evidence of a disorder or lesion within the cervical spine or soft tissues of the neck known to be, or generally accepted as, a valid cause of headache.
Evidence that the pain can be attributed to the neck disorder or lesion based on at least one of the following:
1. demonstration of clinical signs that implicate a source of pain in the neck;
2. abolition of a headache following diagnostic blockade of the cervical structure or its nerve supply using placebo- or other adequate controls.
Pain resolves within three (3) months after successful treatment of the causative disorder or lesion¹
Other symptoms may include:
Stiffness in neck
Nausea and/or vomiting
Dizziness
Blurred vision
Sensitivity to light or sound
Pain in one or both arms
Mobility difficulties
Diagnosis of Cervicogenic Headaches
Cervicogenic headaches can be diagnosed by x-ray, MRI, and CT scan. However, these tests are not necessarily conclusive. The only dispositive diagnostic test for cervicogenic headaches is the use of nerve block injections.
In a nerve block injection, an injection is made into the medial branches of the nerves that supply the cervical facet joints (learn more about facet joints and facet joint injuries in our previous blog, here). If the headache is a cervicogenic headache, then the injection should bring immediate relief to the patient’s pain, thus confirming the diagnosis.
Long Term Treatment of Cervicogenic Headaches
Treatment of cervicogenic headaches usually begins with over-the-counter non-steroidal anti-inflammatory medications, such as aspirin, then moving on to a prescription anti-inflammation and/or pain reliever if not effective. Other treatments include trigger point injections, facet joint blocks, nerve blocks, radiofrequency pulse ganglionotomy, and, rarely, spine surgery.
The good news, however, is that, according to one study, incidences of cervicogenic headaches decreased to almost none after one year from the date of onset and that a full recovery is expected in most cases.
If you have suffered from neck or headache pain due to someone’s negligence, getting an accurate diagnosis of your injuries is crucial. It is important to be informed and to utilize qualified medical professionals and experienced personal injury lawyers to help you fully recover. Call attorney Kurt D. Lloyd of Grazian & Volpe today at 773.838.8100, or fill out our online form for a free consultation.
The above article was written by Kurt D. Lloyd of Grazian & Volpe. Kurt Lloyd has been practicing personal injury law in the Chicagoland area for over 30 years and has helped his clients win more than $355 million in jury verdicts and settlements from insurance companies and corporations. Kurt helps his injured clients regain their lives after injury. The information provided comes from his extensive legal and medical research and years of experience trying injury cases in courtrooms throughout Illinois.
In a rear-end auto collision, spinal injuries of the neck and back often occur. A traumatic facet joint injury to the spine as a result of a rear-end auto crash is a common injury. Facet joint injuries are an “invisible” injury. A traumatic facet joint injury is usually not seen on X-rays and MRI imaging studies.
The attorneys at the law firm of Grazian & Volpe have handled hundreds of auto crash cases and understand the medicine related to a facet joint injury in the spine. In this Blog, which is part of a series on spinal injuries caused by auto accidents, we shall explain what a facet joint injury is, how a facet joint injury is diagnosed, and what is done to treat a facet joint injury.
Facet Joints
The facet joints help stabilize our spine, holding the spinal column in place and preventing excessive rotation (twisting) and flexion or extension (bending) of the spine.
Facet joints also prevent rotation of the vertebral column to a great degree. In addition, facet joints are necessary to prevent spondylolisthesis, which is forward slippage of one vertebra upon another. When this injury happens, the spinal canal gets compromised and there can be problems with pinching of the spinal cord.
Traumatic Injury to the Facet Joints
In an auto collision, the sudden impact can produce mechanical forces to the body that cause violent flexion-extension (“whiplash”) of the cervical spine or neck. See Image No. 1 below. This is also medically known as cervical acceleration-deceleration syndrome. This sudden force is transferred to the facet joints which attempt to maintain stability of the spinal vertebrae during whiplash by preventing the spine from excessively bending forward or backward. However, the facet joint can be abruptly injured by dislocation of the joint or from tearing or inflammation to the cartilage in the facet joint.
Image No. 1 Flexion-Extension X-Ray images
Signs and Symptoms of Facet Joint Injuries
Acute onset of neck, mid or low back or pain.
Palpable tenderness directly over the facet joints and reduced range of motion and muscle spasms.
In the neck, pain increases when extending backward and improves when flexing forward.
In the low back, pain can radiate or extend from the back to the buttocks; pain is present when standing but increases with sitting.
In the neck, the pain can radiate or extend from the neck onto the top of shoulders and upper shoulder blades.
The pain and restricted motion are recurrent and ongoing.
Diagnosis of Facet Joint Injuries
A CT-scan at the spinal level involved is the imaging study of choice for a clinically suspected facet joint injury. However, a CT-scan is only sensitive for diagnosis of damage to the facet joint fifty percent (50%) of the time.
The best diagnostic method for facet joint injuries is a medial branch block procedure. The medial branch nerves supply sensation and enervation to the facet joints. During a medial branch block procedure, an anesthetic is injected in the spine near the small medial nerves connected to a specific facet joint.¹
If the facet joint or joints targeted in the block procedure are causing the pain, then a patient will obtain relief from the medial branch nerve block; and if the facet joint is not causing the pain, then a patient will not obtain pain relief. This is what makes the procedure diagnostic for facet joint injuries. See Image No. 2 below.
Image No. 2 Medial Branch Block procedure. Needle injection of corticosteroid to nerve.
Usually, a medial branch block is performed on two different dates, months apart, to confirm the diagnosis.
¹ Cohen SP, Moon JY, Brummett CM, White RL, Larkin TM. Medial Branch Blocks or Intra-Articular Injections as a Prognostic Tool Before Lumbar Facet Radiofrequency Denervation. Regional Anesthesia and Pain Medicine. 2015;40(4):376-383.
A procedure known as radiofrequency ablation (“RFA”) is used to treat a facet joint injury and obtain long term relief. An RFA is a minimally invasive procedure that reorganizes and modulates the nerve fibers carrying pain signals to the brain. In a radiofrequency ablation procedure, also called a rhizotomy, a probe is placed in the spine under x-ray guidance, and heat wave energy is delivered to the affected nerves. The waves “ablate,” or burn, the nerves that are causing the pain, thereby stopping pain signals from traveling along the nerves to the brain.
If you have suffered from back or neck pain due to someone’s negligence, getting an accurate diagnosis of your injuries is crucial. It is important to be informed and to utilize qualified medical professionals and experienced personal injury lawyers to help you fully recover. Call attorney Kurt D. Lloyd at Grazian & Volpe today at 773.838.8100, or fill out our online form for a free consultation.
The above article was written by Kurt D. Lloyd of Grazian & Volpe. Kurt Lloyd has been practicing personal injury law in the Chicagoland area for over 30 years and has helped his clients win more than $355 million in jury verdicts and settlements from insurance companies and corporations. Kurt helps his injured clients regain their lives after injury. The information provided comes from his extensive legal and medical research and years of experience trying injury cases in courtrooms throughout Illinois.
In rear-end auto crashes, spinal injuries of the neck and back often occur. A herniated disc of the spine from a rear-end auto crash is a common injury. But a herniated disc injury is usually not diagnosed by your physician for many months, despite ongoing pain, numbness and tingling in your neck, back, arms or legs.
The attorneys at the law firm of Grazian & Volpe have handled hundreds of auto crash cases and understand the medicine related to a herniated disc injury. In this Blog—the first in a series on spinal injuries caused by auto accidents—we shall explain what a herniated disc injury is and how a herniated disc injury is eventually diagnosed.
A new, acute herniated disc in the spine is usually not seen on imaging studies immediately after a rear-end auto collision. In fact, the diagnostic features of a herniated disc which are found on a magnetic resonance imaging study (“MRI”) actually take time to develop in the spine before the MRI will be positive.
This phenomenon holds true even though you may have symptoms consistent with a herniated disc injury in the hospital Emergency Department immediately after an auto collision. Indeed, in the Emergency Department immediately after the car crash, the X-rays of the neck or back are usually negative, even though an MRI study of spine turns out positive for an acute herniated disc several months later.
Our attorneys understand the biomechanical processes that cause a herniated disc. In a rear-end car crash, the mechanical forces acting on your body can result in an abnormal flexion-extension of your spine. When this happens, one of the spinal discs between two of your vertebra can become herniated, that is, the impact forced “disc material beyond the limits of the intervertebral disc space.”* Our spinal discs are made up of two parts: the outer, fibrous part known as the annulus or annular ring; and the inner part, which is a jelly-like nucleus that absorbs shocks to the spine. Think of your discs as if they were jelly donuts which act as the shock absorbers of your spine.
When a herniated disc occurs, what happens is that the mechanical forces from the rear-end car impact tear the annulus (the outer wall of the donut) and some of the jelly-like nucleus pushes or extrudes into vertebral space. The resulting disc protrusion often irritates a nearby spinal nerve causing signs and symptoms of numbness, tingling, discomfort and pain.
MRI showing herniated disc.
The MRI study of the cervical, thoracic or lumbar spine performed at the right time can be the gold standard for diagnosing an acute herniated disc ninety-two percent (92%) of the time. An MRI study involves radio waves, a magnetic field and a computer to create image of the spine and surrounding tissues. Our attorneys know how to read and review MRI images from a legal point of view. If your attorney does not understand how an MRI is read and interpreted, then you can lose your case.
Winning your case starts and stops with understanding the MRI results; what demonstrates an acute disc injury versus a chronic disc disease. A bright signal or “lucency” found on the T2 weighted images of disc on the MRI study proves relative acuteness from a rear-end auto collision. In older patients who have suffered from a rear-end auto injury, the presence of this bright signal can prove a new disc injury which is superimposed over a naturally aging spine. What the defense attorneys and defense experts like to do is call it degenerative disc disease of the spinal discs and blame that as the cause of numbness, tingling, discomfort and pain after a car crash, even though you were asymptomatic for a disc injury before the impact.
That’s why you need a good attorney.
At Grazian & Volpe, our years of experience spine injuries have given us the knowledge and skills to help our clients win their cases and recover the money they need to get on with their lives. After an auto accident, if you have low back pain, neck pain, or numbness, tingling in your arms, hands, legs or feet then you may a herniated disc or other disc injury. Call us at 773.838.8100, email us at Attorney@GrazianVolpe.com or fill out our online contact form for a free consultation. We can help you.
The spread of COVID-19 across Illinois has resulted in many work-related infection claims. If you have been diagnosed with COVID-19 that was related to your workplace conditions, you can pursue a potentially compensable claim under the Illinois Occupational Diseases Act.
The employer’s defense to an alleged work-related COVID-19 claim likely will be that there was no greater risk of infection to the worker at the workplace than there is to the general public. But from news reports and health agency investigations, we know that certain workplace occupations and industries (for example, meat packers) do face exposure to a greater risk than the rest of the general public.
For the protection of workers, the Illinois Occupational Diseases Act provides:
“A disease shall be deemed to arise out of the employment if there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is performed and the occupational disease. The disease need not to have been foreseen or expected but after its contraction it must be apparent to have had its origin or aggravation in a risk connected with the employment to have flowed from that source as a rational consequence.” 820 ILCS 310/1(d).
But the Illinois Occupational Disease statute does not require direct proof of causation. Sperling v. Industrial Commission, 129 Ill.2d.416, 421, (1989). A worker’s medical expert opinion that an accident “could have” or “might have” caused an injury may be sufficient. Also, a chain of events suggesting a causal connection may suffice to prove causation. Consolidation Coal Co. v. Industrial Commission, 265 Ill.App.3d 830, 839 (1994).
Here at Grazian & Volpe, we’ve already begun receiving clients with workplace transmissions of COVID-19. If you believe you were infected with COVID-19 in your workplace, we know what to do and we’re here to help you. Contact us by phone at 773.838.8100 or fill out our online form to schedule your free initial consultation with an experienced attorney.
When litigating car accident lawsuits, we have always found that women seem to consistently sustain more serious injuries than males. Predominantly, back and brain injuries. We began to wonder if this was just the experience of Grazian and Volpe or if it was a statistical fact.
We began to do some research and came upon a study done by the University of Virginia in October of 2011. Interested readers can access the full report at
ajph.aphapublications.org/.
Researchers reviewed information on 45,445 crash victims gathered by the National Highway Traffic Safety Administration over 11 years. Compared with male drivers studied, women were 5 1/2 inches shorter and 35 pounds lighter; fewer were overweight; and more were driving passengers cars at the time of the crash(carpools, ferrying children and elderly parents and family members). After controlling for these factors and others, the study found that women were 47 percent more likely to suffer severe injuries, most notably brain and spinal injuries.
The study concludes that females are more susceptible to brain injury and spinal injury because of differences in neck strength and musculature. In addition, the positioning of head restraints and seating positions are not configured for the shorter female stature. The study posited that car safety devices have been designed with a male template and car manufacturers may need to consider designing safety features which can accommodate gender differences.
Dipan Bose, lead author of the study cautions female drivers “ensure that their safety systems perform optimally, including maintaining a good belt fit and correct seating posture.”
We have not seen any accommodations made by car manufacturers so it seems incumbent upon female drivers to take it upon themselves to provide for a more secure interior driving environment by assuring their necks and backs are secure and well-supported and their seat belts fit firmly.
Remember, it is always better to stay safe and avoid an accident and a lawyer. But if you can’t stay safe, stay with Grazian and Volpe, Chicago’s experienced car accident attorneys for over 30 years.
Outstanding Law Firm!!! The amount of money they got for me from my auto accident was above and beyond what I had expected… they know their business and get the same results as all the big hot shot downtown lawyers do. I would highly recommend them to anyone any day.
Carolyn Maldonado
Our family couldn’t have asked for a better attorney… John Grazian was efficient and attentive to our every need, not to mention how friendly and patient he was. John responded to every phone call and email personally and always in a timely manner! Not only did he win our case, but he won the maximum payout and in less than 3 months flat! His staff is courteous and friendly as well. Our family is lucky to have had Grazian & Volpe in our corner. I would recommend them to anyone!
Martha Trujillo
I can honestly say, after meeting with John Grazian and his associates, I would highly recommend these gentlemen with anything pertaining to personal injury cases, as they got my mother an outstanding settlement. They’re expedient in handling the issues, and keep you informed in regards to the status of your case.
Richard Aldana
OUR SERVICE AREA
We provide the very BEST personal injury legal services to the entire metropolitan Chicagoland area, including all six Cook County Circuit Court Districts. Our core service areas include Chicago’s Municipal Districts one, four, five and six.
Grazian Volpe’s law office, located at 5722 West 63rd Street, Chicago, IL 60638 is less than 13 miles away from the Richard Daley Courthouse in District 1, less that 11 miles away from the Maywood Courthouse in District 4, less than 8 miles away from the Bridgeview Courthouse in District 5, and less than 20 miles to the Markham Courthouse in district 6. Our central location makes it convenient for local clientele to visit our office, and not having to battle the downtown traffic or pay $40 for parking is a huge benefit. Remember that we also offer in-home or in-hospital visits for those who are unable to travel due to their injuries.
Grazian & Volpe, represents clients in the Chicagoland, Chicago, South Chicago and surrounding Illinois communities, including: Summit, Bedford Park, Berwyn, Cicero, Oak Lawn, Burbank, Bridgeview, Justice, Evergreen Park, Blue Island, Oak Forest, Alsip, Worth, Palos Heights, Willow Springs, Harvey, Orland Park, Countryside, La Grange, Brookfield, Riverside, North Riverside, Westchester, Oak Park, Cook County, Will County and Dupage County.
