Pluripotent stem (iPS) cells have allowed neuroscientists to investigate the impact of mild traumatic brain injury (TBI) in ways never thought possible. Now neuroscience is attempting to understand and predict who, how, and when a patient with a history of concussion will progress to a neurodegenerative condition, including Alzheimer’s disease (AD). Brain injury has always […]
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How Can These Injuries Be Diagnosed, Especially in Terms of Filing a Claim? Here’s how it’s done from both a medical and a legal standpoint for that purpose: Legally, attorneys don’t make the diagnosis, but it’s often the case that healthcare providers in general are poorly trained and educated to make these diagnoses. That’s true […]
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What Are the Symptoms of Someone Who Has Endured a Traumatic Brain Injury? One of the complicating issues in these types of cases is the fact that lots of the symptoms experienced by folks who suffer head injuries are non-specific, meaning they could be symptoms of other conditions. In fact, many TBIs co-occur with other […]
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What Are Some Common Misconceptions and Misunderstandings People Have about Brain Injuries? One misconception is that an injury to one area of the brain won’t impact other areas of the brain. The circuits, including degree of interconnectedness within the brain, are way too complex for there to be such discrete and isolated injury. Another misconception […]
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What Is a Traumatic Brain Injury? Are There Different Categories or Classifications? A traumatic brain injury (“TBI”), sometimes called an “acquired brain injury,” is an injury that disrupts the normal function of the brain. A traumatic brain injury occurs when a sudden “external force” strikes the head or causes rapid movement with sudden deceleration. A […]
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What Is the Current Frequency of Traumatic Brain Injury in the U.S. ? That’s a question that doesn’t really have a simple answer. There are various classifications of traumatic brain injury, and classification is determined by the acute injury circumstances. Was the victim of the traumatic brain injury rendered unconscious? Did they have amnesia, and […]
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Not unless you’re simply interested in nominal damages – something in the $3-5,000 range. I generally pre-screen potential new clients on the telephone to decide if the case sounds like a case with which I want to be involved. If I’m interested in the case, I will ask the client to come in and meet […]
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If you have any type of a claim that falls under your automobile insurance policy, you should notify the insurer. If you have been hurt as a pedestrian in a vehicle accident, you still want to notify your own insurance company because you may ultimately need to make a claim for uninsured or underinsured motorist […]
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No doubt, there are claims that are too small for a seasoned, experienced lawyer to handle. So the answer to this question is “probably yes.” And the reality is that, in Connecticut, anyone who suffers an injury in an automobile accident that is caused by the negligence of another is entitled to economic and non-economic […]
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What Are the Most Common Types of Auto Accident Cases That You Handle? The most common mechanism of injury that we handle is a rear-end collision. I can’t provide statistics for the frequency of rear-end collisions, but I would say that it is the most common type of vehicle crash. Top Misconceptions That People Have […]
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There are a couple of legal standards that apply here. One of them is the obligation to mitigate damages. This means that a person making a claim for personal injuries has the obligation to follow reasonable medical advice in order to maximize recovery and restore themselves to the best health possible. It is a burden […]
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At Casper & de Toledo, we represent a number of clients who have sustained catastrophic or life altering injuries, and the range of injuries is quite varied. We also represent families who have lost loved ones, so we handle wrongful death cases as well. We represent people with traumatic brain injury at all levels of […]
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I advise people to avoid lawyers who have pictures of themselves on billboards and buses, who advertise on television, who have someone show up at the emergency department, or who make telephone calls soliciting a case. The latter couple of solicitations methods are actually illegal, but that does not mean it does not happen. In […]
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The short answer is: call a skilled trial lawyer. And if you don’t like the answer you get, call another skilled trial lawyer. If they agree, then you have your answer. If they disagree, then get one more opinion. Good lawyers will not be interested in a frivolous case. Good lawyers will not be interested […]
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People sometimes contact me with questionable liability claims. If you think you were more than 50% at fault, that type of case isn’t very attractive. However, we see and accept many cases where there are legitimate questions about fault. We pre-screen potential claims on the telephone and are pretty good at drilling down on the […]
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It is generally a good idea to consult an attorney as early as possible in any case involving an injury. This does not necessarily mean that an injured party should hire an attorney immediately. I’ve received calls from the scene of both serious and not so serious motor vehicle accidents. I have received calls the […]
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Connecticut Resource Links State of Connecticut Judicial Branch State of Connecticut Government Website Connecticut General Assembly (Senate & House of Representatives) Connecticut Workers’ Compensation Commission Connecticut Secretary of State Connecticut Department of Labor – Labor Market Information Connecticut Trial Lawyers Association Connecticut Center for Patient Safety Connecticut Brain Injury Attorneys (C-B-I-A) Connecticut Spinal Cord Injury […]
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BIRTH TRAUMA American Academy for Cerebral Palsy http://www.aacpdm.org/ Birth Psychology http://www.birthpsychology.com/ Gentle Birth http://www.gentlebirth.org/archives/brtrauma.html University of Washington – School of Medicine – Fetal Alcohol and Drug Unit ttp://depts.washington.edu/fadu/ TRAUMATIC BRAIN INJURY American Academy of Neurology http://www.aan.com/ Brain Injury Association http://www.biausa.org/ Coma Recovery Association https://www.omicsonline.org/societies/coma-traumatic-brain-injury-recovery-association/ Head Injury Outline http://www.headinjury.com/ Life With TBI http://www.tbilife.com/ SPINAL CORD INJURY […]
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Implicit in the meaning of the word reform is the concept of improving or making better. It is a matter of great public dispute whether the powerful interests who have co-opted the term tort reform have done so to make the justice system better or simply to make themselves less accountable to the victims of […]
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If your claim involves a personal injury or medical malpractice, Connecticut statutes provide certain limits concerning the court location where your case can be filed. Lawyers and judges refer to this concept as the proper venue. The Connecticut venue statutes can be found in sections 51-344 and 51-345 of the Connecticut General Statutes. If all […]
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PROTECT YOUR FAMILY AND YOURSELF BY INCREASING UNINSURED/UNDERINSURED MOTORIST PROTECTION: MAKE THE RIGHT DECISIONS WHEN PURCHASING AUTOMOBILE INSURANCE© I. Introduction In 1993, Connecticut lawmakers abandoned a twenty-year unsuccessful experiment with no-fault insurance, enacting sweeping reforms in the laws governing automobile insurance designed to provide cost savings to consumers while at the same time preserving the […]
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What Is The Role of Insurance In Your Lawsuit? Introduction: Insurance plays many roles in virtually every injury lawsuit. First, it is important to know that rarely would any personal injury, wrongful death, or medical malpractice claim be pursued unless there was adequate insurance coverage insuring the wrongdoer (we lawyers often refer to the wrongdoer […]
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At Casper & de Toledo we work diligently to develop our clients’ claims within the boundaries established by law. Claims for physical injuries, whether caused in a car accident, by a defective product, or as the result of medical malpractice, must have damages substantiated. Determining the proper compensation you are due because of damages in a personal injury case is a complex […]
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The Internet is a great resource for selecting a lawyer; it is better than the Yellow Pages because it affords an opportunity to verify credentials and experience. Many lawyers claim to handle personal injury and malpractice cases yet, have rarely, if ever, handled a trial. Other lawyers have rightfully earned distinction in one field, perhaps […]
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If your inquiry pertains to a potential new case, please understand that unless both you and one of our injury lawyers have each signed the same written retainer and fee agreement, then neither this firm nor any of its attorneys have agreed to represent you. This statement applies even if you have received some information […]
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There are many things that people must do to prepare themselves and their loved ones for the inevitability of death. Our country was recently exposed to the tribulations involving the family of Terry Schiavo in Florida. There was tremendous intra-familial, political, religious, and legal acrimony (bitterness/conflict) because Ms. Schiavo did not have legally binding documents […]
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OUCH. There is nothing worse than back pain when you have it and it’s chronic. Of course, that’s not true, because even when I was suffering from back pain for more than two years, I was well aware that there were many medical conditions that were worse. As an injury lawyer, I consider myself fairly […]
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We have been blessed at Casper & de Toledo. This is the 30th Anniversary of the formation of our firm. We have enjoyed our share of success on behalf of our clients. Make no mistake about it, we practice law for a living, but we still feel the need to sink our teeth into cases because clients […]
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In a pre-trial decision on November 1, 2016, trial judge Irene Jacobs ruled that defense expert Kenneth W. Reagles, Ph.D’s reliance upon The Healthcare Bluebook in his calculations for future medical costs of the plaintiff was inadmissible. The Healthcare Bluebook markets itself as a transparent system that can be used by all players in the health system including consumers, providers, […]
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If you think that the world can sometimes be a lonely place, imagine that one day you were on top of the world—recently married, a promising writing career, family was healthy— and out for a bicycle ride on beautiful day.  Then a collision with a motor vehicle catapults you to the pavement, and you sustain life threatening injuries. […]
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Becoming and staying healthy can be challenging. Vices such as caffeine and fatty, sugary foods are used by many people to calm anxieties. Some try to reduce stress at the gym, but a much easier, less time consuming–and arguably just as advantageous–method to relax the body and mind is one that anyone can do in […]
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Recent debates over a person’s right to privacy may propel the assumption that an employee’s right to privacy on a work computer is limited at best.  But is unwanted access by co-workers, as compared to employers, to personal materials on another employee’s computer considered an invasion of privacy? This debate was recently presented before a […]
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After your child suffers a concussion, don’t be misled by the part of the emergency room examination that includes the eyes. That examination is generally limited to an assessment of extraocular movements and the pupils (equal and reactive to light). A normal eye examination in the emergency room following a head injury cannot rule out […]
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As a plaintiff in a personal injury case, you may feel alone. As I tell my clients, when you file a lawsuit, you sacrifice certain rights and privileges that we all generally take for granted. You forgo the right to keep your personal biographical information and health care history and records confidential. You cede the […]
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My good friend and fellow trial lawyer Steven Gursten of Michigan has posted on his blog his experience with a physician hired on behalf of an insurance company to help defend an injury case. Steve called out the Michigan physician for her conduct. I agree with Steve that it’s important to shine a spotlight on behaviors of insurance companies, defense […]
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Traumatic brain injuries are heterogeneous. That means that symptom burden and outcomes depend upon multiple variables relating to the cause of the injury, the amount of force that caused the injury, the extent of rotational forces causing the injury, the areas of the brain suffering acute and secondary injury, the scope of physical, cognitive, emotional injury, and […]
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A “concussion” is a brain injury, and even a mild concussion can have serious ramifications for individual long-term well being. At the acute injury stage, which is often in the Emergency Room, health care professionals try to balance the discussion, avoiding a diagnosis of “brain injury,” but the reality is that no one knows for […]
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Following head trauma, there is often good reason to counsel patients about driving. Not surprisingly, the array of cognitive deficits that may be present can increase the risk of injury to the brain injury survivor as well as passengers, pedestrians and other drivers. In our very mobile society, following injury there will inevitably be both […]
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Persistent post-concussion symptoms are often posited as a mystery by some healthcare providers. And in the context of litigation, the familiar refrain from defense “so-called” experts is that the typical period of spontaneous recovery for mild traumatic brain is three months, and that to the extent that symptoms linger beyond that, it is often attributable […]
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Head injury exists on a continuum that ranges from a bump on the head to death. At the most trivial end of the spectrum, we’ve all smacked our heads on something and wound up with a lump that disappears gradually without any lasting consequence. (See #1 & 2 below.) At the other end of the […]
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Traumatic Brain Injury (“TBI”) is a major health concern for children. Research on the short-term neurological effects of brain injuries has been substantial. Unfortunately, the studies regarding the consequences of pediatric TBI is limited, and thus data on longstanding benefits from interventions is as well. Erroneously, parents, educators and many health care providers measure recovery based upon baseline […]
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A study conducted by The Doctors Company, the United States’ largest physician-owned medical malpractice insurer, found that there are several causes for patient allegations in emergency medicine lawsuits. The majority of lawsuits based upon negligence in the Emergency Room are prompted by an erroneous diagnosis. The majority of the 332 claims assessed in the study were […]
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Stewart M. Casper, of Casper & de Toledo LLC, has been named to the Connecticut Law Tribune’s “Personal Injury Hall of Fame,” the leading legal publication in the Connecticut. The Connecticut Law Tribune awarded Attorney Casper this honor as a result of two very large verdicts he obtained in 2014. In one case, he represented a 10 year […]
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I recently put together a presentation explaining the discrimination and firings of employees diagnosed with Lyme disease and emphasized methods to combat the bias and intolerance of diseases in general. More applicably to this blog however are my inclusions of the rights of both disabled and perceived-to-be disabled employees. Up until recently, people with actual […]
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A few years ago, a plaintiff and his fiancé both worked for the same company. The fiancé filed a sex discrimination claim against the company with the Equal Employment Opportunities Commission (EEOC).   Within a month, the company fired the plaintiff, who subsequently brought a lawsuit against the company, alleging that his termination was in retaliation […]
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The Metro-North Railroad has a history of safety inadequacies, involving both customers and employees. The company has been commanded, by the U.S. Labor Department, to pay more than $250,000 to an employee who was retaliated against for reporting an injury while on the job. Steven Annucci injured his leg in 2011 and while en-route to […]
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Earlier this month, the Labor Department announced a regulation that would protect federal contractors’ employees, roughly 20% of the American workforce, from discrimination based on their gender identity or sexual orientation.  President Obama signed the executive order back in July, amending an order issued by President Bill Clinton banning discrimination based on sexual orientation in […]
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According to the Equal Employment Opportunity Commission (EEOC), there has been a drastic increase in pregnancy-related discrimination complaints.  This issue has garnered increased attention as the Obama administration intensifies its enforcement of anti-discrimination laws.  In order to combat the discrimination, the EEOC has updated its guidelines to ensure that any kind of harassment or discrimination […]
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Voluntary gender classification was rejected by a Connecticut police department in the past 18 months.   A controversial lawsuit is ongoing after a Middletown police officer was fired.  According to the city, her termination was mainly due to her refusal to undergo an evaluation to determine whether she was physically fit to return to duty from […]
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According to a study conducted earlier this year with nearly 700 restaurant workers in 39 states, published by the Restaurant Opportunities Centers United, 90% of waitresses have experienced some form of sexual harassment at work. Women fighting back, however, will help protect future waitresses from the same fate. One such example is a recent lawsuit […]
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Social media is an extremely helpful tool in the hiring process. Facebook and other social media sites can create, or not, a favorable impression. In a 2013 survey, 90% of employers reported examining a job seeker’s social media accounts and nearly 70% said that they rejected a candidate based on their online content.   The question […]
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The American Job Center, an organization that provides various services to assist the unemployed and underemployed people pursue work, is opening a facility in Stamford, CT.  Job seekers can conveniently access education, training, and information services they need all under one roof.  Several workshops will be held there, including interviewing strategies, internet job search, resume […]
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A proposed bill in Connecticut would ensure that military members have the opportunity to use their experience as a substitute when applying to a job that requires similar training. Veterans are a motivated, determined, and skilled group whose military experience should satisfy occupational license requirements. This bill, An Act Concerning the Findings of the Military Occupation […]
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An auditor’s employer failed to accommodate him when he damaged his spine. The employee, Ronald Hodges, purported that his disability limited his ability to sit, work, sleep and concentrate.  After his doctor recommended time off from work due to the treatment’s recovery period, Hodges asked for unpaid leave. His request was denied and was offered […]
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Connecticut recently passed a bill that allows for the medical use of marijuana even though the drug is still illegal under federal law. The Americans with Disabilities Act, which protects employees with disabilities, does not protect employees who are medical marijuana users.  It excludes persons who are currently engaged in the illegal use of drugs. […]
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Employers taking advantage of free labor are an unfortunate trend.  Interns are becoming synonymous with employees, except they don’t receive any financial compensation for their hard work.  The Fair Labor Standards Act (FLSA)–a federal law that establishes proper labor standards for employers to follow–sheds little light on this issue.  The FLSA describes an employee as […]
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A security service company hired an employee to solicit new business from new and existing clients. His compensation was $50,000 and one percent of his acquired contract’s net revenue per year. He was entitled to monthly commission payments without having to do any further work for that account. The company’s Sales Incentive Plan states that […]
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A Connecticut corporation was seeking new financing to help advance the company. An investor advised the company that it should have select employees sign into employment contracts to insure the company’s stability and consistency. The plaintiff, one such employee, signed the employment agreement. Another investor viewed the agreement and thought the additional monetary component was […]
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Connecticut employees just got a little more freedom. Employees of a purchased company got hired because their knowledge and skills were crucial for the buying company’s success. A three-year employment contract, which stated that the employees will be subject to an 18-month non-compete agreement if they leave, is signed. Soon after the three-year contract is […]
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Thousands upon thousands of people are victimized by sexual abuse in the United States each year. Many of these file civil lawsuits against the party or parties responsible for their victimization. Many cases involve multiple victims, while others center on only one. Under the law, these victims have a legal right to sue their abuser […]
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The Brain Injury Association of America (“BIAA”) is the leading voice of brain injury in the United States. It is the parent organization for a network of state affiliates including the Brain Injury Association of Connecticut and the Brain Injury Association of New York State. These organizations service professionals and businesses involved in the diagnosis, […]
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Annual Summer Picnic -The Brain Injury Association of Connecticut (“BIAC”) held its annual Summer Picnic & Volunteer Awards on August 12th at the Wickham Pavilian in Wickham Park in Manchester, CT. A fun time was had by all. The 2008 BIAC Golf Tournament at Wintonbuy Hill raised over $120,000. By Stewart Casper. Posted August 13, […]
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The National Quality Forum (“NQF”) is a consensus standard setting organization that has published a list of 28 adverse medical event categories that should never occur in a hospital setting. The list of events has been embraced by 11 states that have directed hospitals not to charge patients or insurance companies for these categories of […]
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Like never before, the war in Iraq is focusing dialogue on brain injuries. The discussion has been prompted by the large number of casualties who have sustained such injuries and who have survived. Not only are troops experiencing penetrating trauma that often result in prolonged periods or unconsciousness or require brain surgery but they are […]
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It frequently happens that when the Connecticut Business and Industry Association (“C.B.I.A.” – and not to be confused with our Connecticut Brain Injury Attorneys “C-B-I-A”) issues a “Government Affairs Report” the content reveals an invidious bias against the ideal of “justice for all.” Today’s missive from the Business Association is no different. On May 29, […]
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I am a resident of Wilton, CT and I recently wrote to my state legislator John Hetherington asking that he support SB 847 presently pending before the legislature. The bill is designed to provide workers’ compensation commissioners with discretionary authority to award more than the minimum specified benefits for permanent partial disability to a part […]
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The event that caused me to experience a sudden onset of right arm pain shall remain confidential as it involves a friend. Nonetheless, this Connecticut injury lawyer who has spent a career representing people with just this sort of injury, knew right away that the type of searing pain I was having was a serious […]
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I have been absent from this blog for Casper & de Toledo for an extended period of time now. I have been recovering from my own injury and surgery and I will Blog at a later time about how I know I can really feel my clients’ pain. As a trial lawyer, we read and […]
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