Why Overcoming Hidden Emotional Pain Is Your Best Chronic Back Pain Treatment

January 2nd, 2009

This article was provided by the Sedona.com website.   Commentary by Utah Injury Attorney Rex Bush.

Webmaster’s note:  I have personally used this method to release negative emotions and have found it very helpful when dealing with nearly any aspect of life.  Negative emotions tend to block our progress everywhere in our lives and they make us sick.   Knowing how to spot and release these feelings is one of the most important skills a persona can have.

At some point in their lives, 80 percent of Americans — and some estimates say up to 90 percent — will experience back pain. It may be a dull ache, a sharp pain or a constant throbbing, and it can seriously interfere with your ability to function normally.

Not surprisingly, one nationwide phone survey of over 1,200 Americans, sponsored by Stanford University Medical Center, ABC News and USA Today, found that back pain was the most common type of pain reported (followed by knee and shoulder pain, joint pain and headaches.

While most back pain goes away in a few days, if your back pain lasts more than three months, a condition thought to impact about 10 percent of back-pain sufferers, it’s considered chronic. Treatments for such pain are estimated to cost about $26 billion a year.

What are the treatments? Well, typically they involve things like anti-inflammatory drugs, surgery, strengthening exercises, ice packs and heating pads. But it turns out that these treatments may be way off the mark because there is a major factor that’s been overlooked when it comes to chronic back pain: your mind.

“Most chronic back pain has a strong emotional component,” says Hale Dwoskin, CEO and director of training of Sedona Training Associates. “It is either emotionally driven or emotionally aggravated — or there is simply a lot of emotion because of having this pain in your back for so long.”

In fact, the National Institute of Neurological Disorders and Strokes calls back pain “the second most common neurological ailment in the United States — only headache is more common.”

Further, numerous scientists and experts are regarding back pain as a disease of the nervous system, not of the spine. What is required to cure back pain, they say, is to overcome the negative emotions that are causing it.

Healing Back Pain: The Emotional Component

Quite simply, when people are given methods to deal with their negative emotions (which may rise due to the pain, or exist already), they often improve physically as well.

Take, for instance, a study published in Health Psychology and led by Robert Kerns, Ph.D., of the VA Connecticut Healthcare System. Researchers analyzed data from 22 trials of adults with chronic low back pain (who had been in pain for an average of 7.5 years), and found that psychological interventions improved pain better than standard treatments. Psychological interventions also improved:

  • Health-related quality of life
  • Work-related disability
  • Interference of pain with daily living
  • Depression

“Many patients with chronic back pain develop a sense of hopelessness,” says Kerns in Best Life magazine. “These [psychological] therapies show them that they can develop everyday strategies that make them feel better. I think one of the things that modern medicine has forgotten is that it’s important to treat the whole person, and this means addressing both the physical and psychological aspects of the pain. When it comes to back pain, just fixing a ‘broken’ body part often isn’t enough.”

Get Rid of Your Chronic Back Pain With The Sedona Method

The Sedona Method, a tool that teaches you how to release negative emotions, including those associated with physical pain, works to relieve back pain in two ways:

1. It reduces your underlying tension, stress and negative emotions
2. It helps you to naturally dissolve the feeling of back pain

Whenever you feel pain, you simply ask yourself the easy-to-learn questions that make up The Method. As you do so, you will begin to accept the pain, which is a crucial step toward ultimately releasing it.

This is because the more you dread, expect, or fear back pain, the more you will tend to manifest more of it. On the other hand, if you release these negative feelings, your body will be free to finally heal.

To read the story of one woman, Susan Benson, who overcame chronic back pain using The Sedona Method http://www.sedona.com/html/beyond-pain-management.aspx, be sure to read the inspiring article featured in Woman’s World magazine earlier this year.

Even though we make no claims to diagnose, treat or cure any specific ailment, over the last 25 years many of our graduates, such as Susan Benson, have reported back to us decided improvements in their pain levels — sometimes even miraculous improvement.

“When you release the stress and tension that is either causing your back pain or simply magnifying it, even long-standing pain in your back can easily dissolve,” Dwoskin says. “Either way you will feel a lot better emotionally, which usually translates to profound physical relief as well.”

Sources

Health Psychology. 2007 Jan Vol 26(1) 1-9

Best Life Magazine

Traffic Accident: Who’s at Fault?

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website:  Utah-Personal-Injury-Attorney.com.  Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  Someone speeding down the turning lane, to avoid stopped traffic hit me and took off the whole front end of my car as I was pulling out into a space a driver

had left me. we were stopped to look with just our nose out and he hit us. the officer said it was my fault.   But he was speeding and not paying attention. and don’t you have to be within a certain footage of your turn to be driving in that lane anyway? and isn’t there something along the lines of driving for the conditions of the road?..there was heavy traffic and he was speeding past all the stopped vehicles very far from his turn.

A.  Drivers are not supposed to travel in the “median” (or the “parking strip”) but anyone who has been driving for more than a week knows that they do. So when you failed to look before pulling into the path of the other driver, you were negligent and, according to the investigating officer, guilty of a traffic offense. The other driver should have been cited also. But since you were both negligent it will be difficult for you to get the other driver’s insurance to fix your car.

Can a Worker’s Comp Injury Be the Basis for a Personal Injury Claim?

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website:  Utah-Personal-Injury-Attorney.com.  Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  I sustained a permanent partial disability to my upper and lower back in Jan. ‘99. I was a middle school science teacher and one of my students intentionally took a few screws from my desk and left it to later collapse on me after class. I filed a workers comp claim, which paid a percentage of lost wages a few years ago. Now it only pays for 2 of my meds and an occasional dr. visit. I filed separately and now receive minimal Social Security disability benefits. My question is: Can I now file a personal injury claim against the school system, since I am still suffering with my back condition; despite the workers comp history with the same injury? Case in point– I recently underwent lower back surgery on 10/30/07 and was hospitalized for 8 days. I now have new meds, physical therapy and a hospital bill for $38K and a neurosurgeon bill for $5K because the dr. and hospital were out of network for my Medicare. Please advise.

A.  General rule is: you can’t sue your employer if you are injured on the job and your employer has worker’s comp coverage. You can sue the boy who removed the screw or possibly even his parents. You would want to argue that he was negligent or reckless as intentional torts are not usually covered by insurance. If the boy’s parent’s own a home it is very possible there could be coverage that could pay your claim

Slip and Fall on Ice

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website:  Utah-Personal-Injury-Attorney.com.  Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  My mother slipped on the ice at her apartment complex and injured her shoulder and back. The complex assistant manager witnessed her fall. She has been off of her job at Walmart from the beginning of Dec. and cannot go back until Jan. 2, 2008. She is 85 and supplements her SS with her job at Walmart.
Does she have any recourse?

A.  Slip and fall cases can be tough.

The key is “duty”.

Did the apartment complex have a duty to remove ice from the spot where your mother fell?   Whether they had such a duty depends on the facts.   It depends on where she fell.   If she fell in the parking lot she might not have a claim.  On the other hand, if ice had accumulated to a dangerous degree in the parking lot and the owners knew or should have known about it and took no steps to fix the condition then they could be liable.

Call an injury attorney who has experience with and enjoys handling slip and fall cases.  He or she will  help you sort out the facts.

How Long Can an Insurance Claim Stay Active?

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  Roughly 3 and a half years ago I was out golfing and happened to have a golf ball strike me in the mouth while standing in the parking lot. it knocked out a few teeth and I have had to deal with extensive dental work since then. The dental work is finally coming to an end. The insurance company has paid for all of my work but the last few thousand dollars they seem to be putting off for some reason. I want to know if there is a period of time after said accident that they will not be responsible for covering my dental work. One final thing that id like to inquire about is whether or not I am entitled to a settlement. Thanks!

A.  In Utah, for negligence claims such as this one, you have four years from the time you were injured to settle your claim or file a lawsuit

. This is called the “statute of limitations.” On top of your medical bills you may also be entitled to a settlement for pain and suffering. If you would like to discuss the specifics of your case feel free to contact me.

Auto/Bicycle Accident: Do I Need a Lawyer?

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  I was hit by a car while riding my bicycle at night - it was dark, and I had a flashing light on the front of the bike. The driver slowed down, but did not stop at the stop sign. Broken tailbone, lots of skin abrasions and destroyed bike, clothes, bike accessories etc. What steps should I take - is a lawyer necessary?

A.  Don’t be in a big hurry to settle the case. If the person who hit you was a private person (i.e. not working for state, local or federal government at the time of the accident) then you have four years to settle the claim or file suit.

Unfortunately, a broken tailbone will take some time to heal. But, you will also want to be sure you know the full extent of your injuries before settling. Once you settle, you cannot usually reopen the case later.

As a bicyclist you are considered a pedestrian and therefore your medical bills are covered under the PIP (Personal Injury Protection) coverage of the car that hit you. Utah policies require an owner to carry at least $3000 in PIP medical coverage.

Your lost wages are also covered up to the limits of the car’s policy.

You may also pay someone up to $20 per day to perform household tasks you are not currently able to perform.

When you receive payment for your bike and clothes do not sign anything.

An attorney could be helpful to you in making sure that all your injuries are identified, diagnosed and treated. And that the settlement is a fair one.

On Job Injury: OSHA Violation

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  On november 7, 2006 I was injured at work due to negligence and being in violation of OSHA regulations. This happened in the state of Utah. I have been told on countless occations that Utah is the worst state in the US. But I was also told if they were in violation of OSHA regs I would have a case. My question is since I can’t find a lawyer, I would like to file a lawsuit

on my own, I need some direction. Can you help? No state should be above the law. I made a comment to one lawyer in Utah recently that they, Utah could get away with murder, he agreed. I’m glad I taped that conversation. Thankyou;–name removed–

A.  Worker’s compensation laws say that if you are injured on the job you cannot sue your employer or a fellow employee who caused the injury. You have to make your claim under worker’s compensation insurance. There are very few exceptions to this and unless your facts come under an exception you are stuck with worker’s compensation. If you need a referral to a worker’s compensation attorney contact me and I’ll give you one.

Driving Friend’s Car With Permission: Am I Covered?

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  I was at fault in an accident legally i should have been covered under boyfriends policy but i only had a learner’s permit but had no licensed driver with me …the claims adjuster is acting like they don’t want to cover the accident do they have to legally?

A.   A “permissive user” is covered under an auto policy. Since you were using the car with the permission of your boyfriend you were a permissive user unless the policy language excludes unlicensed drivers. Get a copy of the policy.

Family Medical Leave Act

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  I have a friend whose daughter was molested by the daycare provider’s husband. The case went to court. My friend, the father of the child, went on FMLA for 12 weeks due to him not trusting anyone to watch his child. He has said that the situation has caused him extensive stress and needed to care for his daughter- emotionally. He has been now told that that he has to file a statement with his employer-for review- he may lose his job. Would the situation fall under FMLA? Is it considered a “serious health condition”, if not would it be covered under another classification of FMLA?

A.  Under the FMLA (Family and Medical Leave Act) a covered employer (one who has 50 or more employees)must grant an eligible employee up to 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons:

* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition

The definition of “serious health condition” is rather lengthy but you may read it for yourself at the Department of Labor website: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm

You will find a wealth of information at that site including FAQ and the actual regulations from the CFR (Code of Federal Regulations).

Since the employer has already granted the 12 weeks required by law your friend may have already exhausted his benefits for that 12 month period. Have him check with human resources to see if there any other benefits available that would allow him to remain off work longer.

New Study Suggests It Pays To Settle

December 26th, 2008

Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Go not in or out of court that thy name may not stink. The Wisdom of Anii (c. 900 B.C.)

By Justin Rebello

Staff writer for Lawyers USA

Plaintiffs’ lawyers who feel their clients have more incentive to go to trial than settle are in for a rude awakening.

A new study has found that a majority of plaintiffs who reject a settlement offer and proceed to trial are awarded less money than if they had taken the initial offer.

The study, conducted by Palo Alto, Calif.-based legal consulting firm DecisionSet, found that in 61 percent of cases in which a settlement offer was refused, the plaintiff wound up winning less at trial.

According to the study, plaintiffs who failed to settle received an average of $43,000 less than plaintiffs who accepted a pre-trial settlement offer.

Defendants made the wrong decision by going to trial in only 24 percent of cases. But that decision cost them far more – an average of $1.1 million per case.

The findings were based on a sample of 2,054 civil cases that went to trial between 2002 and 2005.

“It’s critical for lawyers to understand that decision error rates and cost of error can vary significantly by case,” said Randall L. Kiser, a co-author of the study and a principal analyst at DecisionSet. “We can draw a lot of conclusions from the set of cases we studied that plaintiffs were better off taking the settlement.”

Kiser attributed the disparity between settlement offers and trial awards to effective mediation.

The results of the study are not surprising, said plaintiffs’ attorney Hans G. Poppe of the Poppe Law Firm in Louisville, Ky. He said most defendants, which are typically insurers in personal injury cases, will often offer more in a settlement to keep the matter from going to trial.

“Insurance companies are the most litigious industry of all,” Poppe said. “They have a lot of information on how to make a decision on how much to offer, more than any individual plaintiff or lawyer could ever amass. They have extremely good data on how to make a statistically valid decision on how much to pay on a claim.”

From a marketing perspective, the study could suggest a new way for attorneys to advertise their services as risk reducers.

“If you are a litigator, the best way to get new clients is to market yourself as a problem avoider,” said Larry Bodine, a Glen Ellyn, Ill.-based legal marketing expert. “Most litigators market themselves as fire-breathing trial lawyers, but that’s not necessarily what plaintiffs want. Often plaintiffs want a lawyer who will keep them out of court.”

Case variables

While some attorneys have dismissed the study because of differences between cases, Kiser said that his team analyzed 19 such variables, including the type of case, insurance coverage and the gender of the parties and their attorneys.

The study found that “context” variables, such as case type, damages requested and forum, were more predictive of adverse trial outcomes than “actor” variables, such as attorney experience and firm size.

Part of the study involved a sample of 4,532 civil cases from 1964 to 2004, during which time both the frequency and cost of decision-making errors skyrocketed.

Plaintiffs obtained worse results at trial than they would have gained from a settlement in 54 percent of the cases in 1964, and in 66 percent of cases in 2004. The proportion of cases that were error-free, in that neither the plaintiffs nor the defendants made a decision error, decreased from 27 percent in 1964 to 14 percent in 2004. Adjusted for inflation, the cost of plaintiffs’ decision errors has increased three-fold.

The study will be published in the September issue of the Journal of Empirical Legal Studies. Along with Kiser, the study was co-authored Martin A. Asher, an economist at the University of Pennsylvania and Blakeley B. McShane, a graduate student at the University of Pennsylvania.

Questions or comments can be directed to the writer at: justin.rebello@lawyersusaonline.com

Read More about “Hans Interviewed for LawyersUSAOnline on Settlement v. Trial”

http://www.decisionset.com/files/17652_elink-1.pdf