Chiari malformations may be present at birth (congenital) and are categorized into different types.  Chiari type I malformation is the most common and mildest form that develops as the skull grows.  Symptoms may not appear until early adulthood, causing severe headache, neck pain, and debilitating deficits.  Chiari types II and III malformations affect infants; these more severe brain herniations require prompt treatment.

In some cases, the CSF accumulates within the spinal canal where it eventually forms a syrinx or cyst.  This condition, called syringomyelia, causes neurological problems by damaging the spinal cord.

Chiari I common symptoms

Severe head and neck pain
Headaches brought on by coughing, sneezing or straining
Difficulty swallowing
Frequent gagging and choking
Dizziness and vertigo
Balance problems
Muscle weakness
Loss of fine motor skills
Poor hand coordination
Blurred or double vision
Hypersensitivity to bright lights
Nystagmus (involuntary eye movements)
Difficulty in tracking objects
Tinnitus (buzzing or ringing in the ear)
Hearing loss
Vocal cord paralysis
Sleep apnea

Although this condition is congenital, a number of physicians and experts in the field of Chiari I malformation clearly indicate that a person who has this malformation and no symptoms and be made symptomatic by an impact such as sustained in a motor vehicle accident or slip and fall injury.  Trauma can exacerbate the Chiari I malformation that was symptomatic prior to the trauma and made symptomatic following the trauma causing the above indicated symptoms.

Karns Law Group is experienced in representing trauma victims that suffer symptoms from Chiari I malformation and has offices in Cranston, Rhode Island, East Providence, Rhode Island and Middletown, Rhode Island serving all of Rhode Island and Southeastern Massachusetts.  Karns Law Group has successfully litigated Chiari I malformation cases regarding trauma.

Robert T. Karns
Attorney at Law
Member RI & MA Bars

Karns Law Group

The success of a personal injury claim relies heavily on the medical documentation that your attorney submits to the responsible party’s insurance company. In order for the insurance company to accurately assess your claim, they must understand in depth the damages caused by the negligence of their insured. To ensure that your claim is taken seriously and that the insurance company fully understands the injuries caused by the motor vehicle accident, you must make sure to explain to the doctors that you are treating with your level of pain and injuries suffered from the collision. Often a client will complain to me about their pain however they do not share this information with their doctor. It is important to remember that while I truly appreciate hearing how much clients are feeling, it is even more important to express this to your doctors as they are the ones who will be writing the reports. What you say will be reflected in the doctors’ reports and therefore it is extremely important to articulate how you are feeling as a result of the motor vehicle accident. This will help to build a stronger case against the at-fault party.

Equally as important is making sure to express to your doctors whether or not you feel that the treatment you are receiving is actually helping. Rather than just skipping treatment because it doesn’t seem to be working, tell your doctor that you would like to try something else such as a Tens Unit, pain management, or a surgical consult. Insurance companies look over your records with a critical eye and therefore a lapse in treatment will not be looked upon favorably. Instead, discuss with your doctor other options and let your attorney know what you and the doctor have decided.

Sarah Karns Burman
Attorney at Law
Member RI Bar

Karns Law Group

April 9, 2012

One of the most important aspects of proper representation by a law firm of a victim of a motor vehicle accident whether it’s an automobile accident, motorcycle accident, tractor trailer accident or any other type of motor vehicle accident is accident reconstruction.

Although not always critical as in the cases of witnessed accidents that can totally prove that the party causing the crash was negligent, often times it is critical to the case to have accident reconstruction done in order that the proper evidence can be obtained proving that the negligent party is at fault in order that the crash victim can recover the benefits that are due him or her.

It is up to the law firm to associate with expert accident reconstructionists in an expeditious and diligent way.  The evidence that an accident reconstructionist needs such as witnesses that may leave the area, discussing the matter with the investigating police officers that do many accidents a week and may become foggy or forget some of the facts, skid marks that can fade, debris that will be cleaned up, gathering pictures from anyone that took pictures including police, witnesses and newspapers will have to be done immediately before the evidence disappears.

A good accident reconstructionist can examine the vehicles and determine impact and speed that is extremely important in proving liability regarding the crash.

An accident reconstructionist can be important in determining other parties that may be liable such as examining the victims vehicle and seeing if part of the safety devices did not work such as airbags, etc and then bringing in the appropriate type of engineer to analyze this and expand upon parties that are liable.  This would mean not only proceeding against the negligent driver, but also against any faulty product that contributed to the injuries.

Sometimes an accident reconstructionist can show that the party is liable to the injured victim even though on its face it does not appear that that party is liable.  An example of this would be a parked tractor trailer without the appropriate reflective tape on the back and without the appropriate underride guard.  Even though the crash injury victim rear ends the stopped tractor trailer in certain cases the tractor trailer is at fault by not having the proper reflective markings on the back of the trailer or not having an underride guard in back of the trailer.  An accident reconstructionist with experience in conspicuity can reconstruct the accident showing that the tractor trailer was at fault in the rear end collision and compensate the crash victim even though the crash victim rear ended the tractor trailer.

The most important aspect of this is for the law firm representing the crash victim to obtain the services of an expert reconstructionist as soon as possible before valid evidence disappears.  At Karns Law Group the attorneys are extremely experienced in handling all motor vehicle crashes and work very closely with expert accident reconstructionists on an expeditious basis to ascertain all of the pertinent evidence.

If you or someone you know has been injured in a motor vehicle accident contact Karns Law Group for appropriate representation with offices in Cranston, East Providence and Middletown, Rhode Island.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

This is true especially in mild traumatic brain injury cases where the physical evidence of the injury is not that obvious meaning that there may have been little or no loss of consciousness and there is no imaging of the brain showing bleeding.  Competent witnesses that can fully explain these symptoms regarding the mild traumatic brain injury that the victim is suffering can go a long way in proving the traumatic brain injury.

Witnesses can testify as to the differences in the victim before and after the traumatic brain injury including fatigue, confusion, concentration problems, memory problems, irritability, an inability to multitask, deficiencies at home and in the workplace and many related problems.

The traumatic brain injury victim and his family should be well interviewed by the attorney in order that all of these witnesses can be ascertained.  Commonplace areas to obtain these witnesses are as follows:

1. Household members and family members – these witnesses can attest to the fact of the differences in the victim before and after the traumatic brain injury including interaction in the household and loss of social life.
2. Workplace witnesses – people that worked with the victim prior to the traumatic brain injury that can still communicate with the victim if they can no longer work or actually still work with them if they are still employed can attest to the differences in the victim both in and out of the workplace.
3. Activities and church, etc witnesses – friends of the victim that participated prior to the injury with the victim in activities or sporting events, at clubs or group meetings, or in the church that still are acquainted with the victim can attest to the differences in the traumatic brain injury victim before and after the injury in these settings including sporting events, activities, club and group meetings, church activities, etc.

These before and after witnesses can have a significant impact on the proof of the traumatic brain injury and are extremely important witnesses in presenting the case of the traumatic brain injury victim.

The lawyers at the Karns Law Group are extremely experienced in handling traumatic brain injuries and in the utilization of before and after witnesses.  If you need representation regarding your traumatic brain injury concerning the negligence that caused the traumatic brain injury or you know someone that does, contact the Karns Law Group with offices in Cranston, East Providence and Middletown, Rhode Island for proper representation regarding the traumatic brain injury.

Personal Injury Lawyer Robert T. Karns

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

The Federal Motor Carrier Safety Administration has published regulations that will restrict tractor trailers (trucking companies and drivers) as follows:

1. The Federal Motor Carrier Administration (FMCSA) has published a regulation that bans the use of cell phones while driving.  Please see the following link: www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Mobile_phone_NFRM.pdf
2. The FMCSA has published regulations regarding hours of service (HOS) to limit the operation of tractor trailers, insuring drivers will have the proper rest.  Please see the following link: www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx
3. The FMCSA has amended its regulations to continue the requirement that drivers and motor carriers retain copies of the medical examiner’s certificate regarding their commercial driver’s license (CDL) in order to insure medical qualification. Please see the following link: www.federalregister.gov/articles/2011/11/15/2011-29481/medical-certification-requirements-as-part-of-the-commercial-drivers-license-cdl-extension-of

The above three rules help limit and govern trucking companies and drivers regarding three of the main causes of accidents and injuries to victims in their automobiles caused by the negligent operation of tractor trailers.  These three causes consist of driver distraction and the banning of cell phones will greatly help this; secondly, driver fatigue and the rules on hours of service will greatly help this; and lastly, drivers with medical problems that should not be operating a commercial vehicle and the mandatory retention of a medical certificate will insure the medical qualification of the driver of the tractor trailer.

Anyone injured as a result of the negligent operation of a tractor trailer should review whether any of these rules have been violated as it would greatly help the injured victim prove his or her case and recover damages.

Anyone injured as a result of the negligent operation of a tractor trailer should contact an experienced law firm that has experience in handling tractor trailer accidents.  Karns Law Group has experience and a long history of handling tractor trailer cases and has offices in Cranston, East Providence and Middletown, Rhode Island.  Karns Law Group handles tractor trailer accidents that result in injuries to victims caused by the negligent operation of tractor trailers throughout Rhode Island and Massachusetts.

Personal Injury Attorney Robert T. Karns

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

Although many people suffering mild traumatic brain injuries – closed head injuries or concussions make a full recovery, some victims do not and suffer continuing symptoms known as persistent post-concussive symptoms.

Victims suffering continuing symptoms regarding a mild traumatic brain injury should seek treatment and continue their treatment in order to help improve the debilitating symptoms.

Symptoms can include fatigue, confusion, concentration problems, memory problems, irritability and many related problems.

The victim or the victim’s family should make certain they consult with a neurologist, neuropsychologist and ultimately undergo cognitive therapy to help with these symptoms.  Many hospitals and rehabilitation centers have the proper care regarding cognitive therapy including speech therapy and occupational therapy.  The neurologist or neuropsychologist can help guide the victim or the victim’s family on behalf of the victim to the proper cognitive therapy and rehabilitation.

In addition, there are medications that can help with cognitive rehabilitation that can be discussed with the neurologist.

Lastly, the victim should make certain that he or she joins the Brain Injury Association of the state he or she resides in and attends support group meetings.  In Rhode Island please note the following link for the Brain Injury Association of Rhode Island: www.biaofri.org/

It is important to recognize these continuing symptoms and to seek medical help as above described.

It is also very important to recognize the cause of the traumatic brain injury and if compensable under the law such as a motor vehicle accident, slip and fall or any type of injury or accident resulting in the traumatic brain injury that an experienced law firm be chosen in order to appropriately and accurately represent the brain injured victim.  Karns Law Group is extremely experienced in handling traumatic brain injury cases and concentrates in handling traumatic brain injury cases.  Karns Law Group has offices in Cranston, East Providence and Middletown, Rhode Island and represents victims of traumatic brain injury on legal matters and recovering damages throughout Rhode Island and Massachusetts and other parts of the United States.

Robert T. Karns
Attorney at Law
Member RI & MA Bars

Overweight and overloaded large tractor trailer trucks can cause catastrophic collisions with smaller passenger vehicles resulting in severe personal injuries and death to the occupants of the smaller passenger vehicle.

There are many ways that overloaded tractor trailers cause collisions including:

• When going downhill the tractor trailer travels much too fast and is difficult to control.
• The added weight adds too much stress on the braking system causing brake failure.
• Overweight tractor trailers need much longer stopping distance.
• Tires burst when there is too much weight.
• Overloaded tractor trailers can cause weight shift causing severe steering difficulties and even rollovers.

The US Department of Transportation Federal Motor Carriers Safety Administration governs what large tractor trailers can haul in terms of weight and being overloaded. www.fmcsa.dot.gov  Regulations call for periodic inspections and there are recording devices on tractor trailers that would indicate whether or not a tractor trailer is overloaded causing the severe collision.

As indicated, severe personal injuries can be caused on the highway when one of these overloaded tractor trailers collides with a smaller passenger vehicle resulting in catastrophic or deadly injuries to the passengers in the smaller passenger vehicle.  These terrible injuries occur as a result of one or more of the above listed problems occurring as a result of the tractor trailer being overloaded.

Anyone injured regarding a collision of this type with a tractor trailer should have an experienced tractor trailer collision attorney working for them.  Karns Law Group is extremely experienced in representing injured victims regarding these types of tractor trailer collisions and injuries.

Robert T. Karns
Attorney at Law
Member RI & MA Bars

A large tractor trailer that is not loaded properly can cause severe collisions with smaller passenger vehicles resulting in devastating injuries to the occupants of the passenger vehicle.

When the trailer of a large tractor trailer is not loaded properly or is misloaded, often times the load will shift causing an inability to steer that will cause a collision or worse causing a roll over that can cause the tractor trailer to either roll over on the smaller passenger or cause the smaller passenger vehicle to strike it.

These collisions occur often times at highway speeds and are devastating to the occupants of the smaller passenger vehicle.

When dealing with this problem regarding misloading there are two types of loads.

The first load is a sealed load whereby the tractor trailer operator brings the vehicle into a warehouse and the vehicle is loaded and sealed by the warehouseman. If the load is not balanced, steering problems or even rollovers can occur.  The operator of the tractor trailer has nothing to do with the loading of the vehicle.  This would mean that liability regarding the injuries to the victims of the smaller passenger vehicle would not only be with the trucking company but also with the facility that loaded and sealed the load in the trailer.

The other type of load is an unsealed load whereby the tractor trailer is either loaded at the trucking company or is systematically unloaded by the operator of the truck at various stops. If the load is not balanced, this will cause the load to shift causing steering and even rollover problems with liability on the trucking company.

The loading and safety regulations regarding tractor trailers are governed by the US Department of Transportation Federal Motor Carriers Safety Administration. www.fmcsa.dot.gov

Although it may not be apparent on its face why the collision occurred, often times a misloading of the vehicle is the cause and this can bring into the liability aspects of the case more defendants depending on who did the loading.

Anyone injured in this type of collision with a large tractor trailer should have an experienced attorney that is used to dealing with tractor trailer collisions.

Karns Law Group with offices in Cranston, Rhode Island, East Providence, Rhode Island and Middletown, Rhode Island serving all of Rhode Island and Southeastern Massachusetts is extremely experienced in handling these types of tractor trailer collisions.

Robert T. Karns
Attorney at Law
Member RI & MA Bars

Tractor trailer underride collision occurs when the smaller passenger vehicle goes under the higher and larger trailer of the tractor trailer either from the back or from the side.

These underriding collisions are extremely horrific and one of the most deadly types of crashes.

There are two types of underride collisions. The first is the rear underride collision that occurs when the smaller passenger vehicle goes under the rear of the higher and larger trailer of the tractor trailer.  Just because the lower passenger vehicle rear-ends the larger tractor trailer does not mean that the lower passenger vehicle is at fault.  Frequently in rear underride collisions with a tractor trailer the lower and smaller passenger vehicle is not at fault and conversely the tractor trailer is at fault.

First of all, liability could be placed on the tractor trailer because it is stopped somewhere it should not be.  Secondly, liability can be placed on the tractor trailer as the tractor trailer may have insufficient underride guards on the back of the trailer allowing the smaller vehicle to go under it causing serious injuries.  These guards on the back trailer of the tractor trailer are regulated by the US Department of Transportation Federal Motor Carrier Safety Administration.  www.fmcsa.dot.gov

In addition to rear underride collisions there are also side underride collisions usually caused by a lack of conspicuity meaning that the trailer of the tractor trailer, as it is across the roadway when a tractor trailer is pulling out or turning, lacks conspicuity and blends into the darkness or colors of the area without sufficient lightness of color thereby causing the lower passenger vehicle to strike the trailer and go underneath the trailer causing severe injuries.  These side underride collisions frequently happen at night regarding trailers that have insufficient markings, reflective tape or reflectors or lighting on the trailers.  Once again regulations and requirements of conspicuity markings, lights and reflectors are governed by the US Department of Transportation Federal Motor Carriers Safety Administration. www.fmcsa.dot.gov

These underride collisions with large tractor trailers are extremely dangerous and can be very deadly.  Sometimes it is not the smaller and lower passenger vehicle that causes the collision but the tractor trailer as above explained.

Anyone injured operating a passenger vehicle in one of these type collisions should have an extremely experienced tractor trailer collision lawyer represent them.  Karns Law Group is extremely experienced in representing victims of large tractor trailer collisions.  Karns Law group has offices on Cranston, Rhode Island, East Providence, Rhode Island and Middletown, Rhode Island serving all of Rhode Island and Southeastern Massachusetts regarding tractor trailer collisions.

Robert T. Karns
Attorney at Law
Member RI & MA Bars

When you have a work-related injury, you are entitled to Workers’ Compensation Benefits, but what are they?

The most important thing you are entitled to is medical benefits.  The Workers’ Compensation Insurance Company will have to pay for all medical treatment that is related to your injury so that you can get back on your feet and recover from your injury.  You will not be responsible to pay for any medical treatment at all and you should not be charged a co-pay.  This is true for all Doctor’s visits, physical therapy, diagnostic testing such as X-Rays and MRIs and Emergency Room visits.  Medical treatment can be very expensive so you must be sure that every provider you are seeing for your work injury is billing the workers’ compensation insurer.  Even if you are continuing to work or return to work, the insurer is still responsible for your medical bills.

If you are disabled from your job as a result of your injury, you are also entitled to a weekly check to replace your lost wages.  However this check will not replace 100% of your wages.  You are entitled to receive this check for up to 312 weeks if you are partially disabled.

Another benefit that you may be entitled to under the law that the insurance company may not tell you about is termed “Specific Compensation.”  This refers to money for scarring and loss of use.  If you sustained a scar in a work-related incident or you have a scar from a surgery done to correct a work injury you may be entitled to money for that scar.  If you have been left with a disfigurement, meaning something on your body does not look the same as before your injury, such as a bump or one calf is now smaller than the other, you are entitled to money for that disfigurement.  The amount of the compensation you are entitled to for scarring and disfigurement is totally subjective and you should have the scar or disfigurement viewed by an experienced attorney who knows how to value it correctly.

If you have suffered an injury to your extremities (arms, hands, legs or feet) and your Doctor has assigned you a permanent impairment rating based on your injury, you are entitled to money for that.

If you suffer from a permanent partial disability you may also be entitled to vocational rehabilitation.  This means that the insurer will have to pay for a program that simply helps you with a job search or provides you with schooling and retraining if you cannot return to your previous occupation.

To see if you are receiving everything you are entitled to, call the Workers’ Compensation Attorneys at the Karns Law Group at (401) 841-5300 today.

Post by

Jude E. Kerrison
Attorney at Law
Member RI & MA Bars