Tag Archive for: Car accident

chronic pain after a car crash

Living With Chronic Pain After a Car Accident in Alabama

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Chronic pain is one of the most tragic and life-changing outcomes of an accident. Chronic pain can make everyday tasks like working, enjoying hobbies, or even moving around a struggle. Learning how to manage this pain is important, as is dealing with the emotional and legal challenges that come with it.

Chronic pain can affect your quality of life, making it harder to do things you once took for granted. It’s not just about physical discomfort—it also impacts your mental and emotional well-being. Recognizing this and taking steps to address it can make a big difference. Support from healthcare providers, family, and friends is important while navigating these difficult times. Remember, you don’t have to face this alone; there are resources and strategies available to help you cope and find relief.

Getting full and fair compensation for your injuries can give you the support you need to move forward with chronic pain. Learn more about your legal options with the team at McPhillips Shinbaum. Attorney Aaron Luck is committed to helping car accident victims seek justice—call us at 334-262-1911 to set up a consultation now.

How Car Accidents Can Lead to Chronic Pain

Persistent pain after a car accident can stem from several types of injuries, some of which take months or even years to heal. Knowing the common sources of chronic pain can help individuals recognize when to seek help. These include:

  • Whiplash: A common injury that affects the neck and shoulders, often resulting in long-term stiffness and discomfort.
  • Back Injuries: Damage to the spine or muscles can lead to ongoing pain, making everyday tasks challenging.
  • Fractures and Soft Tissue Damage: These injuries might heal slowly and sometimes leave behind lingering pain.

If you experience symptoms like persistent soreness, tingling, numbness, or a limited range of motion, it may signal the onset of a chronic condition. Seeking medical attention promptly is essential for proper diagnosis and treatment.

Traumatic brain injuries (TBIs) are another frequent source of chronic pain. These injuries can interfere with the brain’s ability to regulate pain, compounding the physical discomfort with emotional challenges. For victims, the combination of chronic pain and difficulty managing emotions often makes recovery especially tough.

 

Approaches to Managing Long-Term Pain

Managing chronic pain involves a mix of medical treatments and lifestyle changes. Doctors may prescribe pain medications or suggest physical therapy to improve strength and flexibility. In some cases, surgery might be necessary—however, surgery comes with its own risks, so it may not be recommended until less intrusive treatments have been tried.

Alternative therapies like acupuncture, massage, or chiropractic care can also help reduce pain. Lifestyle changes are equally important—regular exercise, a balanced diet, and stress management techniques such as yoga or meditation can make a big difference. Working closely with healthcare professionals is key to creating a pain management plan tailored to your needs. Each person’s experience with pain is unique, so finding what works best for you is essential. You may also want to keep a journal that tracks your pain levels and what you do to manage them. This type of journal can help you uncover trends and discover what works.

 

Emotional and Psychological Impact

Living with chronic pain can lead to significant emotional and psychological stress. It’s not unusual to feel overwhelmed, anxious, or even depressed as you navigate your daily life. Pain can make it hard to sleep, affecting your mood and energy levels. Social interactions might become less enjoyable, leading to feelings of isolation. Addressing these emotional challenges is essential for your overall well-being.

Therapy, particularly cognitive-behavioral therapy, can be a valuable tool in managing these emotions. Speaking with a mental health professional can provide strategies to cope with stress and anxiety. It’s also important to communicate your feelings with family and friends, allowing them to offer support. Remember, taking care of your mental health is just as important as managing your physical pain.

It’s also important to note that many chronic pain sufferers report brain fog. This can impact your ability to tolerate pain, think clearly about pain management, and get through daily life. A thorough treatment plan should address this side effect.

 

Choose McPhillips Shinbaum for Your Alabama Car Accident Claim

At McPhillips Shinbaum, we work to help car accident victims get fair and full compensation. Take the first step now by setting up a consultation with attorney Aaron Luck. Get in touch online or call us at 334-262-1911.

Catastrophic Car Accidents and the Affect on Families

How Catastrophic Car Accidents Affect Families

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Catastrophic car accidents are collisions resulting in permanent, life-changing injuries for the victim. Not only do these collisions have a profound impact on the victim’s life, but they can also have a ripple effect on the victim’s family, friends, loved ones, and community as a whole. It is crucial that victims of such serious collisions get the compensation they need to adjust to their new normal and receive the ongoing care they require.

If you or someone you love has been the victim of a catastrophic car accident in Montgomery, it’s time to talk to McPhillips Shinbaum and attorney Aaron Luck. With extensive experience in personal injury law, attorney Luck knows what it takes to hold negligent drivers accountable. Call us at 334-262-1911 to set up a consultation now.

The Immediate Fallout of a Catastrophic Crash

In the immediate aftermath of a catastrophic accident, families may have their lives turned upside down. Just a few of the immediate consequences include:

  • Urgent medical needs: The victim of a catastrophic car accident will have urgent medical needs that require around-the-clock care. For days, weeks, or even months, loved ones may not even know if their family member is going to pull through. When they stabilize, family members may have to provide ongoing care.
  • Financial strain: Whether or not the injured individual was a breadwinner for the family, the financial strain may be felt immediately. Medical care is expensive, and between copays and other upfront expenses, the family may be left struggling to make ends meet.
  • Upheaval of daily routines: A catastrophic accident can completely change family members’ priorities and routines. As they prioritize the care and recovery of their loved one, work, school, and other obligations may take a backseat.

The Emotional and Mental Consequences of a Collision

Family members often suffer significant emotional and mental consequences after a catastrophic accident. Even though their loved one is still with them, it’s likely that they are comatose, limited in their communication abilities, or otherwise completely changed from how family members remember them. This can leave loved ones with a profound sense of emptiness and loneliness—feelings they often push down to avoid further burdening those around them. As they acclimate to life after an accident, they may also struggle to figure out how to balance their own psychological needs with those of their loved ones.

How These Collisions Affect Families’ Physical Health

When one family member suffers catastrophic injuries, other family members often have to step in and provide substantial physical care. This may involve helping the injured party with showering, using the restroom, ambulating, and transferring to and from bed. This takes an enormous physical toll on family members and puts them at risk of serious injury. Additionally, if the injured party was one of the family’s main breadwinners, other adults in the family may have to step up and bridge that financial gap. This often means putting in long hours, taking on a second job, and exploring side hustles. As a result, they may suffer injuries and put themselves at risk of illness.

Long-Term Changes in a Family Arrangement

Over time, the entire dynamic of a family may change, particularly if the injured loved one suffers permanent, serious losses in ability. Children may start learning to care for themselves if their parents (or remaining parent) are consumed with the care of the injured family member. They may even be involved in the ongoing care of their injured family member, shifting their role from parent to caretaker. Adults who step into a caretaking role may feel isolated and lonely, particularly if their spouse is the injured party—if they used to lean on their spouse for emotional support, they may be left with minimal support. It is crucial for surviving family members to be cognizant of their psychological and mental health needs during this time.

Fight for Full and Fair Compensation With McPhillips Shinbaum

When you’re ready to move forward with a personal injury claim, it’s time to meet with attorney Aaron Luck and find out how he can help you pursue justice. Get started now by claiming your free consultation. Just call us at 334-262-1911 or send us a message online to set up a time that fits your schedule.

Substance Impaired Driving

How Substance-Impaired Driving Affects Car Accident Cases and Liability

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There are many factors that contribute to car accidents in Alabama, and unfortunately, substance impairment has become far more common with each passing year. Whether a driver is impaired by illegal drugs, controlled prescription medications, or alcohol, there’s a very real risk that they’ll cause a serious accident. When that happens, it’s often the occupants of the other vehicle that suffer the worst outcomes.

If you or someone you love has been injured in a crash caused by an impaired driver, it’s important to understand how this may affect your injury claim. To discuss your case in greater detail with attorney Aaron Luck, call McPhillips Shinbaum at 334-262-1911.

How Common is Substance-Impaired Driving?

Per the Alabama Crash Stats booklet, alcohol and drug impairment is fairly common across all car crashes in Alabama. Impaired crashes are more common amongst younger drivers, and male drivers are much more likely to drive while impaired than female drivers. Drunk driving crashes start creeping upward in the early evening, peaking between 11:00 P.M. and 1:00 A.M. Saturday and Sunday are the most common days for drunk driving crashes.

Numbers have trended the wrong way for many years, despite significant efforts to decrease drunk driving rates. Legislators have increased punishments, law enforcement has ramped up enforcement, and public education efforts have tried to show the devastating effects of impaired driving—and yet, none of these efforts have significantly changed outcomes.

Effects of Substance Impairment on Driving

The use of illegal or legal substances can affect your driving in a number of ways, and research backs up the idea that your driving becomes significantly worse when you’re impaired. Alcohol and drugs negatively impair your cognitive function, making it more difficult for you to perceive risks, make sound decisions behind the wheel, and react to changes in traffic or weather. Substance impairment also affects a driver’s motor skills; this means that even if a driver can recognize a risk on the road, they may not physically be able to avoid it.

When you combine the numerous weaknesses caused by impaired driving, you have a situation where an accident is nearly inevitable—especially since many drivers who engage in impaired driving do so on a regular basis.

Substance Impairment and Liability

When a driver is under the influence of drugs or alcohol at the time of a collision, liability is heavily affected. Proving that the other driver was impaired makes it much easier to prove liability, as their choice to drive while impaired was both negligent and reckless. From there, it’s usually only a small step to linking the driver’s impaired state to the accident and the victim’s injuries.

However, liability may not lie solely with the impaired driver. If they were drinking at a bar or club and that’s where they were overserved, that place may have some liability. They have an obligation to avoid serving that much alcohol to those who are driving. It’s important to work with a personal injury attorney with experience in drunk driving accidents, as they know what it takes to prove liability and fight for the compensation you deserve.

The Potential for Punitive Damages

When a driver chooses to drive while impaired, they are making an intentional choice to put themselves and others in danger. This is particularly true if the driver has a long record of driving while impaired; it shows a willful disrespect for the people they share the road with. In some cases, impaired driving accidents may qualify for punitive damages in Alabama.

Punitive damages are rare; they are only awarded when a case goes to court and when the at-fault party has acted in gross negligence and wanton recklessness. When you start working with an attorney in Montgomery, they can tell you whether or not your case is likely to result in punitive damages.

Start Your Car Accident Claim with the Team at McPhillips Shinbaum

The sooner you begin working on your car accident case with the team at McPhillips Shinbaum, the sooner we can start building your case. Attorney Aaron Luck fights aggressively for his clients and their right to seek compensation. Give us a call at 334-262-1911 or contact us online to set up a consultation.

Holiday Car Accident

The Heightened Risk of Car Accidents During the Holidays

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Nothing mars the beauty of the holiday season like a car accident. The holidays are already the most expensive time of year for many people, and then suddenly you’re faced with your insurance deductible, medical bills, and unexpected—and unwanted—time off of work. Unfortunately, car accidents are more common during the holiday season. A number of factors contribute to this, and understanding those factors can help you keep yourself and your family safe.

Injured in a holiday crash in Montgomery? The team at McPhillips Shinbaum is here for you. Call us at 334-262-1911 to set up a consultation now.

Expect Dense Traffic

To start, there’s just no way around the dense traffic of the holidays. There are more people in town visiting loved ones, and even worse, many of those people are not familiar with Montgomery roads. This means frequent stops and starts, missed turns, and even people driving the wrong day down one-way roads. When you head out to your local shopping mall or restaurant, expect packed parking lots and angry drivers riding your back bumper as you look for a spot. All of these factors make an uptick in accidents inevitable. While traffic is heavier throughout the entire holiday season, it’s often worse on Christmas Eve and Christmas Day, as well as the days immediately surrounding them.

Sharing the Road with Stressed-Out Drivers

For many, the holidays are a happy time to make family memories and traditions. For others, the holidays are a time when their to-do list is longer than ever, they are reminded of family losses or estranged relationships, and their workload is heavier than they can manage. 

All of these stressors are too much, and people feel more comfortable taking out their rage behind the wheel of their vehicle. What might be a minor inconvenience at other points of the year can be the tipping point for stressed-out drivers. Be aware of this, and avoid making rude gestures or laying on the horn when someone cuts you off. You don’t want to be on the wrong end of someone’s road rage.

Poor Weather and Unsafe Roads

While this isn’t such a big problem in Alabama, it is still a contributing factor a few times a year. We rarely get snow in Montgomery, even if it is only a dusting. This actually makes it more dangerous than northern areas where they get heavy snowfall. Those who live in areas with snow every year learn how to drive in the snow, and they adjust their speed and handling accordingly at the first sign of snow. 

Here in Montgomery, we simply aren’t all that used to snow. When there’s a light dusting on the road, we tend to panic. We overcorrect, we try to drive our normal speed, and we end up in the ditch as a result. Not only should you adjust your driving to account for snow, you should be extremely cautious of others who may or may not be in control of their vehicles.

Impaired Drivers

One of the saddest parts of holiday driving is the increase in impaired drivers. There’s never an excuse for impaired driving, and yet there are many more drunk drivers on the road during the holidays. People enjoy a little too much at dinner after a long day of shopping, they head to their company Christmas party, or they try to take the edge off at a stressful family Christmas event. 

Too many people overestimate their driving skills or underestimate how much they have had to drink. You should always be wary while driving and don’t expect people to drive predictably or do the right thing—do what you must to protect yourself from a crash. Be especially careful on the weekends and late at night, when people are most likely to be heading home from parties.

Fight for Compensation with the Team at McPhillips Shinbaum

Have you been injured in a car accident in Montgomery? You could be entitled to compensation from the at-fault driver. Let the team at McPhillips Shinbaum advocate for you. Call us at 334-262-1911 or send us a message online to schedule your free consultation.

Deer on Alabama Roadway

Beware of Deer on Alabama Roadways: Ways to Stay Safe as the Days Are Getting Shorter

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Residents of Alabama are starting to enjoy shorter days, slightly cooler weather, and fall decorations everywhere. While fall is a time to prepare for the holidays and celebrate the return of the school schedule, it’s also a time when deer are considerably more active. Whenever you hit the road in Alabama, particularly in the state’s rural areas, you always run the risk of hitting a deer. Whether you hit a deer or a deer runs into your vehicle while crossing the road, substantial damage may follow.

In some cases, car accidents involving wildlife do have a liable party. Find out if you have a case by calling the Montgomery personal injury lawyers of McPhillips Shinbaum at 334-262-1911.

Why Deer Collisions Are More Common in Fall

This seems to be the worst time of year for an uptick in animal activity—with the days getting shorter, visibility is limited, and taking evasive action is incredibly difficult. Unfortunately, there are numerous factors contributing to the increase in deer-related accidents.

Fall is mating season for deer, so you can expect them to be much more active in the coming months. Their peak activity times are dawn and dusk, which also happen to be some of the worst times for visibility. As they seek out potential mates, the likelihood of crossing the road is much higher.

This time of year also marks the start of hunting season. The sudden presence of human beings within deer’s natural habitat can disrupt their natural habitats and cause them to migrate, leading to a flurry of activity near local highways.

The end of Daylight Savings Time causes earlier sunsets across the country, affecting the actual time at which commuters are going to and from work. You have more cars on the road at peak deer travel times and deer moving more frequently—an increase in crashes is inevitable.

Minimize the Risk of Accidents

Knowing that you’re likely to come across your share of deer in the months to come, what can you do to keep yourself safe? First and most importantly, stay alert. No amount of technology or advice can take the place of an attentive and well-rested driver. Remember when deer are most active and be hyper-vigilant during these times.

Be aware of deer crossing signs along your route. These signs are placed after extensive research by local wildlife experts who determine common crossing areas for deer. When you start seeing deer crossing signs, consider slowing down and scanning the edges of the road more often.

Try to avoid swerving out of a deer’s way if it crosses your path. This can actually. Be more dangerous than hitting it, since you risk hitting other vehicles and causing a chain reaction. If a deer crosses your path, hit the brakes and lay on the horn to hopefully scare it out of your path.

Remember that deer often travel in groups. If you see one crossing the road, be aware that more may follow. Take your time, slow down, and watch the side of the road.

What to Do After an Accident

Accidents happen, no matter how careful and attentive you are while driving. If you do hit a deer, check yourself for injuries and move your vehicle to the side of the road if it is drivable. This prevents vehicles approaching from behind from hitting you and causing even more damage.

Avoid approaching the deer if it is injured but not dead. Wounded animals can be unpredictable and you don’t want to get hurt. Consider calling the local police or animal control department so they can provide assistance.

Document the collision the best you can; your insurance company will want proof that the crash was wildlife-related before they pay out your claim. 

Explore Your Legal Options with McPhillips Shinbaum

If you believe your accident was caused by a negligent driver, you could be entitled to compensation. Our team of personal injury attorneys is ready to help you explore your options and fight for the compensation you’re owed. Schedule your free consultation now by sending us a message online or calling us at 334-262-1911.

Medical Claim

What Does Maximum Medical Improvement Mean in a Car Crash Claim?

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The process of recovering from a car crash can be long and tiring. Your days can become a blur of follow-up appointments, treatments, prescription medications, and insurance claims. You’ll learn a lot of new and unfamiliar terms during this time, including “maximum medical improvement.” Maximum medical improvement, or MMI, can play a crucial role in your personal injury claim and your compensation.

Explore the concept of MMI and find out how it may influence your claim. When you’re ready to start your personal injury claim, call McPhillips Shinbaum at 334-262-1911.

Is MMI the Same as Making a Full Recovery?

If this is your first serious injury, the term MMI may seem unnecessarily wordy—can’t you just say that someone has made a full recovery? However, MMI is not necessarily the same as a full recovery. Maximum medical improvement is a medical and legal term that is used to specify a very specific point in a patient’s treatment where they have recovered as much as they are ever going to. Yes, in some cases, this means making a full recovery. But in others, a complete recovery may be impossible or incredibly unlikely. In these situations, MMI is some point short of a full recovery.

If your doctor says that you have reached MMI, it means that you have plateaued in your recovery. You may still have some pain or symptoms, and even physical limitations, but you may have those for the rest of your life. While you may make some minor improvements in the future, they are negligible when compared to the rest of your recovery and their impact on your health.

 How is MMI Determined?

MMI is primarily a medical term, so the determination is made by the physicians treating you throughout your recovery. There are numerous factors they use to determine when a victim has reached maximum medical improvement.

One important part of figuring out MMI is a thorough medical evaluation. This involves looking over where your injuries started, what treatments you have tried, how those treatments have impacted you, and what remaining symptoms and limitations you may have. The doctor will also use a range of diagnostic tests to see how much progress you have made, any complications you’ve suffered, and any remaining issues.

It’s also likely you’ll undergo a functional assessment to determine whether or not you have reached MMI. The doctor may look at how you engage in daily tasks, complete your work, care for your children, and fulfill other obligations. This is less about determining if you’ve reached MMI and more about figuring out if you have any lingering limitations, as well as determining any accommodations you may need in the future.

Previous cases similar to yours can be important in your personal injury claim. Doctors may look at the healing timeline of patients with similar injuries, their progress after certain types of treatments, and when they reached MMI.

How MMI Can Affect Your Compensation

Maximum medical improvement plays a massive role in the compensation you receive as a victim. First, reaching MMI is crucial for determining your actual damages. Once you’ve reached MMI, you have a much better understanding of how much money your medical care costs. You’ll also better know what type of care you may need in the future, especially if you have significant limitations that will leave you requiring assistance.

Once you’ve recovered as much as you ever will, you will know if you are able to continue working or what accommodations you will need. This makes it easier for your attorney to calculate lost earnings and lost future income.

Finally, MMI is a key part of your non-economic damages. These include pain and suffering, emotional distress and trauma, and loss of quality of life. You can’t really know the long-term impact of your injuries until you know what the rest of your life will be like.

Start Your Personal Injury Claim with the Team at McPhillips Shinbaum

Our team is ready and waiting to talk to you about your accident, injuries, and next steps. Let’s set up a time to talk about your legal options—just reach out online or call us at 334-262-1911.