Car accidents are one of the leading cause of injuries in the country. Individuals are routinely involved in them on a daily basis, and the average person is involved in at last 1 car accident in his lifetime. Because of how large cars are and how fast they can travel, many accidents lead to severe injuries. If you were hurt, you should consider reaching out to a lawyer for assistance receiving financial compensation. One of the less common forms of injury is thoracic outlet syndrome, which is essentially damage to the upper shoulder/clavicle region. For the best representation available for a lawsuit involving such an injury, call our law office, the Downtown LA Law Group, today.
Thoracic outlet syndrome is the compression of nerves and blood vessels in the upper clavicle region that connects the thorax, trunk of the body, to the arm. Specifically, it affects the space between the clavicle (collarbone) and first, topmost rib. The thoracic outlet sits just in front of the shoulder and consists of the brachial plexus, subclavian artery, and subclavian vein. Therefore, when this group is compressed or impacted, it can cause the injury. There are numerous types of thoracic outlet syndrome; each type impacts a different part of the outlet. The most common form affects the brachial plexus, while the less common types affect the artery and vein. Thoracic outlet syndrome is characterized by pain in the immediate area and extension to the forelimbs. Your muscle in the base of your thumb may degenerate and become weaker over time, and your fingers and arm may grow numb or tingly. Your grip will thus weaken as well. There will be neck pain and arm pain accompanying the condition.
There are a few ways that you can identify thoracic outlet syndrome. It is important that you accurately identify these symptoms, as a misdiagnosis can be devastating to your condition. You should not let any nerve-related or blood vessel-related injuries carry on too long. Symptoms include the following:
If you have felt these symptoms, it is important that you go to a doctor immediately.
If left untreated, thoracic outlet syndrome can cause extreme shoulder damage and inability to move. It can also influence carpal tunnel syndrome, which occurs when the carpal nerve leading down the wrist is compressed or damaged. Nerve damage can eventually lead to a lack o feeling in the area or an inability to move. In some cases, the numbness is replaced by a burning sensation that does not recede.
There are numerous ways that you can sustain thoracic outlet syndrome. You may have anatomical defects or issues, posture problems, and repetitive motions. However, one of the most common causes is trauma, which is often caused by car accidents. Car accidents are likely causes for thoracic outlet syndrome because of the high impact and the area that is affected. T-bone accidents, or broadside collisions, result in the upper chest/clavicle region getting hit into the door. If the impact is on the driver side, the shoulder is directly at the point of the crash. Rear-end crashes may cause individuals to lurch forward into the steering wheel, seats, or dashboard. Head-on collisions have the potential to be fatal, and crushed metal can influence the syndrome as well. a You usually do not notice thoracic outlet syndrome after trauma until a few days have passed.
If you have been injured in a car accident, it is important that you take the following to steps to ensure that you have a worthwhile foundation for a claim and that you do not further risk your health.
Go to the doctor for medical treatment
Do not wait too long to go to the doctor or it can damage your claim; the insurance company can claim that you were hurt elsewhere or after another series of incidents
Hold on to your medical notes and receipts from the hospital
Take photos of your injuries
Take pictures of the damage to the cars and the scene of the accident
Interview passengers, eyewitnesses, and bystanders for their perspectives and testimonies on the accident so you have additional proof
Write down contact details and insurance information of the responsible driver
Get a copy of the police report from the officers that showed up to the scene of the accident
Contact a qualified lawyer to handle the case for you
If you do not have an expert lawyer on your side, you run the risk of losing out on your deserved compensation. An attorney will be able to deal with the negotiation and proving that you were a victim of negligence while you focus on recovering and treating your thoracic outlet syndrome.
In order to prove that you were a victim of negligence, you must show that these four points occurred. If any of these points are shown to be false, your whole claim will fall apart and rendered invalid.
You were owed a duty of care by the driver in that you were not to be harmed or hurt while driving, or placed in any danger
The driver breached the duty of care by being reckless or careless
The breach of duty resulted in an accident
The accident resulted in physical injuries and the thoracic outlet syndrome
Many drivers often breach the duty of care by speeding, tailgating, driving drunk, running red lights, running stop signs, failing to properly yield or merge, and more. It is not uncommon for these drivers to consistently place others at risk while they are behind the wheel. If you have never filed a claim before, you may not know how to prove that you were a victim of negligence. For this reason, it is important that you hire a skilled attorney.
In California, personal injury lawsuits must be filed within 2 years of the date of the injury. If you fail to file a lawsuit within this time frame, you will not be able to colelt compensation for the case. The statute of limitations allows both parties enough time to gather evidence and defend their sides. Often, individuals will forget about the statute of limitations – many cases are not filed because the victims are not aware there is a deadline. There are a few ways that the statute of limitations can be extended, though. These include:
Minors can wait until they are 18 to sue if they were injured while underage
Physically or mentally incapacitated persons can wait until they are functional again before they sue
Individuals suing a defendant who has left the state can have the claim’s statute postponed until the defendant returns
Our lawyers can make sure that you are given any appropriate exception and that your case is filed well within the time restriction. We will not miss a deadline.
In addition to car accidents, other incidents can lead to thoracic outlet syndrome. As explained above thoracic outlet syndrome (TOC) occurs when nerves or blood vessels between the collarbone and the first rib are compressed, resulting in neck pain, shoulder pain, and numbness in the fingers, for instance. Although physical trauma from a car accident is among the most common causes of TOC, any other incident that leads to physical trauma can also lead to TOC. This includes slip and fall accidents, trip and fall accidents, and workplace accidents, specifically. In fact, any repetitive injuries, like those possible on the job, can also lead to TOC.
Whether your thoracic outlet syndrome occurred as a result of a car accident, a slip and fall accident, or a work accident, you could have grounds to file a lawsuit and even recover monetary compensation. If you would like to learn more about the legal options available to you after you developed TOC due to an accident, do not hesitate to seek legal assistance with the experts at our law firm immediately.
Of course, surgery is an option to treat TOC. The specific type of surgery performed will depend on the specific syndrome that you are experiencing. All surgeries, however, consist of the surgeon making an incision and removing a portion of the first rib to relieve the compression causing the symptoms. The incision site will vary based on the procedure.
Like with any procedure, there is always a risk that something can go wrong. Unfortunately, this risk can be associated with the doctor – more specifically, the doctor’s negligence. All doctors have a duty to treat their patients with care, skill, and diligence. However, doctors can make mistakes. Some doctors can perform surgeries carelessly, rushing, or even under the influence of drugs/alcohol. Some doctors could even perform the wrong procedure entirely. In many cases, the negligence of the doctor leads to additional damage, like nerve damage, for instance, that leaves the patient in even more pain.
If you suffered malpractice during your thoracic outlet syndrome decompression procedure, then you could have grounds to file a medical malpractice lawsuit against the doctor or the hospital responsible. For more information about your right to file a medical malpractice lawsuit, contact us today.
As a victim of thoracic outlet syndrome, you could have a great deal of suffering ahead of you, along with a long road to recovery. You may need numerous medical treatments and could potentially need surgery. We will see to it that all the expenses f r the accident and injury are paid off. We will work to bring you the following:
You should not settle for anything less than you deserve. We will do everything in our power to bring you the maximum settlement available under the law.
The Downtown LA Law Group is one of the premier firms in the city. We have years of experience handling car accident claims and lawsuits by those who have been affected by thoracic outlet syndrome. Or lawyers are aggressive and will always pursue every penny you deserve. We will not rest until we are satisfied with the result. If we have to go to court to win your case for you and defend your rights as a victim, we are willing to do so. We have recovered millions for our clients and you will not be disappointed with our services. Call us today at (888) 649-7166 if you want to set up a free legal consultation to discuss your case. All of your case details and private information will be kept completely confidential. We will answer all of your questions and concerns, and we will tell you how much we feel your case is valued. If you wish to hire us for your claim, we will also give you our zero fee guarantee. This promises that you won’t pay a dime out of pocket for our representation. We will only get paid if we win, and if we lose, we take no money at all. For expert thoracic outlet syndrome attorneys in Los Angeles, contact the Downtown LA Law Group today.
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