NOYES LEGAL NEWS

Are Epidural Steroid Injections the Answer for a Disc Herniation?

Just yesterday, a workers' compensation client asked my advice on whether she should have epidural steroid injections (ESI) or surgery for her back pain. Because I have a JD after my name and not a MD, I recommended that she research both recommendations and talk to her doctor and friends and family about it. Then, today, I see a new article addressing the use of epidural steroid injections for back pain in Medical News Today.

The article examines research presented at the American Orthopedic Society for Sports Medicine which concluded that the use of epidural steroid injections may be a more efficient treatment option for lumbar disc herniations. "Our study showed an 89% success rate in athletes returning to play after suffering an injury during practice or a game," commented lead author Aaron J. Krych, MD, from the Mayo Clinic's Department of Orthopaedic Surgery. "These injections are a safe initial therapy in athletes that do not have neurological deficits, allows them to participate effectively in physical therapy sooner, and can significantly reduce the time a player misses."

Lumbar disc herniation is a back injury common in sports such as football, which involve direct contact and sometimes jumping or twisting motions. Discs can also be herniated after a car accident, motorcycle crash, work injury or other trauma.

However, ESIs may not be the only way to address or treat a disc herniation. As pointed out by the researcher, "While we are excited to see the positive results with this treatment, it cannot be viewed as a cure-all," cautioned Dr. Krych. "At the end of the day, certain injuries will still require surgery and long-term recovery." Chiropractic care and also noninvasive modes of treatment have also proven to be helpful in the treatment of a disc herniation.

If you or a loved one has suffered a disc herniation, consult with your doctors about all the alternatives for treatment of the herniated disc. Surgery may be required, but you should explore other treatment as well.

----------------

Personal Injury Attorney Matthew Noyes represents those who sustain disc herniations and other injuries from car accidents, motorcycle crashes, workers compensation claims and other personal injuries. His Clearwater personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.
 

Watch Out for the Unsafe Rides at the Florida State Fair

The Florida State Fair starts today!  Enjoy the rides, but be informed.  Not all rides are the safest.  Check out the Amusement Safety Organization website as well as RideAccidents.com before getting on any of the amusement park rides.  Unfortunately, many people are injured due to the negligence of the owners and operators of these rides.

Have fun, but be careful. If it doesn't look safe, it probably isn't.  If you or a friend or family member are injured because negligence of the ride provider or operator caused injury, you do have legal rights. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

-------

Attorney Matthew Noyes has been caring for clients after amusement park accidents, car accidents, motorcycle crashes and other accidents caused by the negligence of another for nearly 20 years. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes, P.A. -- is one of the oldest personal injury law firms in Pinellas County. Protect yourself and your family after an injury. Contact Attorney Matthew Noyes before talking to any insurance company representative.

 

Can A Super Bowl Party Host Be Sued After A Drunk Driving Car Accident?

Planning a Super Bowl party? Can you as the host of the party be responsible for injuries or death caused by one of you party guest who drank too much at the party and then caused a car accident because of their drinking and driving? Here is the actual Florida law that addresses the question:

768.125 Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

In other words, Florida law states that individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by the drunk driver except in two situations.

1. If the drunk driver was under the age of 21, the individual who served the alcohol can be held liable for the damages. The statute does not contain any knowledge requirement, presumably because the serving party has a duty to ensure that everyone they sell or provide alcohol to is of legal age to consume it.

2. Persons who serve a person who they know is “habitually addicted to the use of any or all alcoholic beverages” may be liable for injury and damages caused as a result of the intoxication. These cases hinge on knowing that the partygoer and later drunk driver was "habitually addicted."

Enjoy the party, the commercials, the halftime show, and yes, even the game, but be safe. Call a taxi or have a sober friend drive. Make lasting joyous memories, not memories that will haunt you or your friends and family.

--------------------

 
Personal Injury Attorney Matthew Noyes proudly representing those injured in car accidents, motorcycle crashes, bicycle accidents or pedestrian accidents caused by drunk drivers. His Clearwater personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free consultation with Personal Injury Attorney Matthew Noyes.

 

Capture Your Teenage Driver's Risky Driving on Video

Ever wonder how your teenage driver behaves while driving when you're not in the car? With DriveCam, there is a way to find out.

DriveCam is a video feedback program with a two-way camera in the car that records only a few seconds of what the driver is seeing, hearing and doing if the computer senses risky driving. When the DriveCam video feedback system senses risky driving, it records the driver for a few seconds, and the footage is sent to DriveCam, where it is analyzed by a safety professional. The short video clips include interior and exterior views of the critical seconds BEFORE and AFTER the erratic vehicle movement so you and your teen learn WHAT happened and WHY it happened. Once a week, parents are sent a report that includes the footage and advice on how to improve. Incentives could be given to teenage drivers for months that there is no footage because no footage means no risky driving detected.

It is one of the most effective monitoring systems, according to University of Iowa research, but also one of the more expensive. DriveCam costs $500 installed and an additional $30 per month for monitoring, but it is free if you are insured with American Family. The cost could prevent a more costly car accident or even serious injuries in a car crash.

This program is not restricted to teenage drivers. If you are concerned about your elderly parents driving, this could be helpful as well.

Drive safely and encourage your teenage drivers to do the same. A few seconds of risky driving could result in a lifetime of injury if involved in a car accident.

--------------------

Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bus and bicycle accidents, and other personal injury matters. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Insurance companies have attorneys looking out for their best interest after your car accident, so should you. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes today.

Woman With Beer Between Legs and 3-Year-Old in Backseat Drives the Wrong Way

Some car accidents are caused by simply careless and reckless drivers. An example of such a driver is the 26-year-old Clearwater woman who was driving her white Ford Mustang the wrong way down Florida Avenue N and weaving in and out of her lane, according to police and the Tampa Bay Times. When she was pulled over, she had an open beer can between her legs and a 3-year-old boy in the back seat. According to paper, she showed signs of impairment during a field sobriety test, police say, and refused to submit to a breath test. "I'm not doing sh--," she told police. This is her third arrest for driving under the influence and the third time she has refused to submit to a breath test, police say.

If this woman hit you or your family member, do you think that she would have adequate insurance coverage to protect you? I don't. That is why it is important that you check your policy for uninsured motorist coverage. If this woman or any person causes you or your family member injuries in a car accident, your uninsured or underinsured motorist coverage will protect you. Once your uninsured motorist coverage is paid, your insurance company will go after the uninsured motorist for monies they paid out on your behalf.

Check your car insurance policy today and make sure you are protecting your family with uninsured/underinsured motorist coverage. Get stacked coverage as well. This will provide further protection to you and your family.

------------------

Personal Injury Attorney Matthew Noyes will help you fight for insurance benefits that you paid for after a car accident caused by an uninsured motorist or an underinsured motorist. After a car accident, don't talk with the insurance company who is only interested in protecting their rights; talk with someone who will protect your rights. Click here for a free case consultation with Personal Injury Attorney Matthew Noyes. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955.

 

Listen to Attorney Matthew Noyes on Internet Radio

Recently, Attorney Matthew Noyes was a guest on LifeImprovementRadio.com talking about car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters.  Click here to listen to the broadcast.

Herniated Disc Surgery - Is that the Answer?

What is the best treatment for a herniated disc? Do some people get better results from surgery for their herniated disc than others?

As reported on MedicalNewsToday.com, a recent study published in the January 15th issue of Spine concluded that three factors that were independently associated to improved treatment effect of surgery for a disc herniation: married patients, those without other joint problems (knee, hip, etc), as well as those whose back pain symptoms worsened at the time of treatment.

Apparently, it is better to be married if you are going to have surgery on your herniated disc. According to the study, married patients with worsening symptoms saw the greatest improvement from surgery--a 38-point improvement with surgery compared with a 20-point improvement with nonsurgical treatment. Although researchers are unsure why marital status affects response to disc herniation surgery, investigations have demonstrated improved outcomes for a wide variety of health problems among married patients.

For single patients with stable symptoms the treatment effect was approximately 8 points: 35 points with surgery in comparison with 27 points with nonsurgical treatment.

If you or a loved one is suffering from a disc herniation, you should consult with a doctor about your treatment options. The presence of a herniated disc alone does not warrant surgery, but pay close attention to the symptoms from the disc herniation. Ignoring these symptoms could result in irreversible damage.

------------

Personal Injury Attorney Matthew Noyes represents those who suffer disc herniations and other injuries from car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters. His Clearwater law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here for a free case consultation with Attorney Matthew Noyes.

Working While Receiving Social Security Disability Benefits – Is it Possible?

Earning Social Security Disability benefits while working--it is often asked, “Can I work and still receive SSD benefits?” The answer to that question depends on multiple factors but once you understand the guidelines, the answer is quite clear.

To be eligible for Social Security Disability benefits, a person must be unable to engage in what is called substantial gainful activity or SGA because of a medically determinable physical or mental impairment. By Social Security’s definition, substantial gainful activity means work that (a) involves doing significant and productive physical or mental duties; and (b) is done (or intended) for pay or profit. Activities involving self-care, household tasks, unpaid training, hobbies, therapy, school attendance, clubs, social programs, etc., are not generally considered to be SGA.

The amount of monthly earnings considered as SGA for non-blind individuals for 2012 is $1,010.00 per month. In the case of a pending claim (disability application), you can work as long as your earnings do not exceed the earnings threshold for the SGA limit of $1,010.00 per month. If your gross monthly earnings exceed this amount, your claim will be denied because it is the Social Security Administration’s position that if you can make over $1,010.00 per month, you are not functionally limited enough to be considered disabled. The same applies to those who are already receiving Title II benefits or straight social security disability insurance; however, SSA also offers recipients the opportunity to try working for more money without necessarily giving up their benefits altogether.

The Social Security Administration has developed what is called a trial work period or TWP. The TWP allows you to test your ability to work for a full 9 months - those months do not need to be consecutive and can occur any time within a 36 month period. During your TWP, you will receive full SSDI benefits regardless of how high your earnings might be as long as you report your work activity and you have a disabling impairment. (Stay tuned for our next blog article regarding the TWP)
 
Now bear in mind that SSA manages two programs that provide benefits based on disability; SSDI (social security disability insurance) which is based on your earnings, and SSI (Supplemental Security Income) which is based on limited income and resources and not your work history. If you are receiving straight SSI benefits, what you receive in monthly benefits may be reduced by a certain amount based on how much you are earning. Therefore, if you are making close to the SGA amount of $1,010.00, your monthly benefit check will be significantly reduced. 

One of the most important things to remember when receiving or applying for social security disability benefits and attempting to work is to keep the social security office or your disability representative up to date on any work activity; whether it is substantial or not. Being surprised at the hearing is never good.

------------------

If you need help with your Social Security Disability claim, contact Attorney Matthew Noyes. Attorney Matthew Noyes and his staff have been able to secure SSD benefits for those who have been denied. Click here to schedule a free case consultation.

 

 

Is the End Coming for 1-800-ASK-GARY and Other Lawyer Referral Services?

We have all seen the commercials and heard the radio spots-after a car accident, call 1-800-ASK GARY or call 411-PAIN from the accident scene. If some get their way, soon you may not see them any longer.

According to a report on TBO.com, the Florida Bar, Florida Chief Financial Officer Jeff Atwater, a state legislator from St. Petersburg are all taking aim at the 1-800-Ask-Gary hot line and similar lawyer and medical referral services.

A Florida Bar (the organization that governs lawyer conduct) committee is proposing new regulations to prevent abuses by lawyer referral services. For example, a new Bar regulation would ensure that accident victims initiate contact with lawyers. This recommendation and others will be presented to the Bar's governing board in the spring.

Florida CFO Atwater also wants to see changes. In November, he asked the Florida Bar to ban lawyer referral services. His letter to the Bar mentioned the "incestuous interactions" between lawyers and health care providers who belong to the referral services.

Thirdly, there may be State legislation on this issue. A bill by state Rep. Rick Kriseman, a St. Petersburg Democrat, would give accident hot line callers more choices in health care providers. Kriseman's bill would require such hot lines to refer patients to nonaffiliated clinics, as well. "They shouldn't be able to refer to themselves as a referral service if they're only sending you to one clinic," Kriseman said Friday. "That's just a marketing arm for your facility."

As a personal injury attorney who helps those legitimately injured in car accidents, I feel that too much advertising decreases the credibility of those who are actually injured. Potential jurors have the mistaken impression that the majority of the people are not hurt in car accidents. In my practice, that's not the case. Sure, some people are initially injured and treat for a period of time and do get better from their automobile accident. Those are the cases that are closed and don't get in front of a jury. However, many people are injured in varied severity and deserve protection in our judicial system. Will the elimination of doctor-based lawyer referral services eliminate the uphill battle an injured person has in the courtroom? I don't think so.

Education is the answer. Education of what your legal rights are after a car accident. Education of what your injuries, if any, are. Education of the true facts of how someone can be injured in a car accident notwithstanding the amount of property damage.

So, Florida CFO Atwater, the Florida Bar and the Florida Legislature do what you think politically you need to do. I will stay here and educate my clients and make sure their doctors do the same thing while at the same time, try to educate others on how a car accident can impact a person's life in so many ways.

_______________

Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents and other personal injury matters. His Tampa Bay personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.

Getting You and Your Car Home Safely Without Driving Impaired

Drunk drivers cause serious and sometimes fatal car accidents. Do you know someone who may have too much to drink this New Year's weekend, but will still want to drive home because they don't want to leave their car? There is a way to get them AND their car home FREE of charge--AAA/Budweiser's Tow-to-Go program.

A simple call to 1-800-AAA-HELP will get an AAA tow truck to take an impaired driver and his vehicle safely home. The service is completely FREE and open to both AAA members and non-members and is 100% confidential.

Last year, AAA received 2,400 calls for their Tow-to-Go program. Since 1998, the "Tow to Go" program has safely removed more than 13,600 drunk drivers from the roads.

Protect you or your friend or family member by putting this telephone number in their cell phone now. This way, you won't have to worry about the number when you need it.

Celebrate safely this New Year's weekend, but watch out for those who don't.

----------------

Personal Injury Attorney Matthew Noyes represents those who are injured in car accidents caused by drunk driving or other negligence. Insurance companies have attorneys protecting their interest after your automobile accident, so should you. Attorney Noyes' Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.