Life can get hectic as you get older, have children and a full time job. It can become even more busy once you realize that your parents or elderly loved ones are no longer capable of looking after themselves without assistance. As a personal injury lawyer like one from Eric Roy Law Firm can explain, it’s for this reason that we have nursing homes and assisted living facilities.

These facilities take the load off of everyday people who are busy with the many tasks one performs to maintain a quality standard of living for themselves and others by assigning staff to assist the elderly who have been put in their charge with what they need to do and by looking after them.

We place our money and our trust in these facilities that they’ll do right by us and our elderly loved ones, which is why it’s always a devastating discovery when we uncover evidence of nursing home abuse and neglect. There are many forms of abuse and neglect, but one of the most common telltale forms are pressure ulcers; otherwise known as bed sores.

Bed sores can come in many forms, but all are indicative of neglect on the part of the facility. It can start out as a small sore with basic redness and pain. Then it can break the skin and form a blister. From there it will overtake the layer under the top layer of the skin initiating the total degradation of the skin and tissues around the area and in extreme cases, exposing the muscle or bone.

As aforementioned, bedsores are very indicative of neglect as bed sores are caused by poor circulation, lack of decent hygiene, moisture buildup, and overall immobility of the individual. Basically, the combining causes imply that the person wasn’t tended to and not assisted with maintaining basic hygiene. Instead the patient was left to lie alone in one place for a significant period of time.

Care facilities can be held liable for bed sores in that the causes of them imply a breach of a duty of care, not just in terms of virtue, but in contractual terms which was likely signed in writing when the elderly patient was put in charge of the facility. There are of course the “damages” to the patient’s body that one suffers as well.

Also, more often than not, if a elderly individual at an assisted living facility has bed sores, there will usually be other forms of negligence to be discovered and more claims to be made to seek compensation for nursing home abuse and neglect.

While accidents are always bound to happen, some instances result in serious injuries or life-altering consequences. If you were harmed because someone else was careless, you may be wondering if you have a right to file a claim against the other party. How can you determine legal liability and file a personal injury claim against another person? Here is what you need to know.

What Is Legal Liability?

If someone else’s carelessness injured you, you have to prove that he or she had a legal obligation to you. For example, if you are in a vehicle and another car strikes you, he or she has the legal responsibility to drive safely so as not to put other drivers in danger. Likewise, if you hurt yourself on someone’s property or slip on a grocery store floor, then the property owner may be liable.

When it comes to legal liability, the person has to owe you a duty. For instance, if you were to trespass and injure yourself on someone’s property, he or she would not be liable because you were not supposed to be there in the first place.

In addition to a legal obligation, the person had to act carelessly or negligently to cause the accident. Then, you also have to prove damages. For example, say that you slipped on a floor in a grocery store but had no injuries. In this case, while the store owner or employees were negligent, they did not cause you any harm. However, if you were to be seriously injured, you could have a case.

Can You Be at Fault?

Sometimes an accident becomes the fault of more than one person. One of the best examples is a car accident. In a car accident, if two drivers act carelessly, there is a chance that they could be in an accident together. If you were careless, can you still demand compensation from the other person? Every state has its own rules regarding fault. In most states, you would have to compare each person’s behavior. If you are at fault, you cannot ask for the full amount of compensation. Instead, you would demand a percentage based on your percentage of fault in the case. This is known as comparative negligence.

Before you file a personal injury claim, set up a free consultation with a personal injury lawyer such as Saavedra Law Firm, PLC. He or she can answer any questions you have about the process and help you determine whether you have a case against the other party.

Seeking assistance from an experienced Brain Injury Lawyer

According to the National Highway Traffic Safety Administration, 6 million car accidents occur each year, on average, in the US. That translates to 16.438 per day. While 22,471 of these result in only property damage, by far the majority result in injury or death. In fact, upwards of 100 people die in motor vehicle accidents every day and over 3 million of us are injured each year.

Unfortunately, the kinds and types of injuries you can receive in an auto accident are almost never-ending. The seriousness of those injuries can range from minor to catastrophic.

Soft Tissue Injuries

Soft tissue injuries, i.e., those to the connective tissue of your muscles, ligaments and tendons, are by far the most common type of auto accident injury. Typical soft tissue injuries include the following:

• Whiplash
• Strains
• Sprains
• Contusions (bruises)
• Scrapes
• Lacerations

These types of injuries usually cause you considerable pain that it may take you months to recover from. They can also significantly decrease your range of motion in the affected area(s) of your body.

Fractured and Broken Bones

Broken or fractured bones are also very common auto crash injuries. The parts of your body most at risk for these types of injuries include:

• Arms
• Wrists
• Hands
• Shoulders
• Ribs
• Hips
• Pelvis
• Legs
• Ankles
• Feet

Catastrophic Injuries

While car crashes don’t result in catastrophic injuries nearly as often as in soft tissue injuries and broken bones, they nevertheless happen all too frequently. These usually are life-changing injuries that include such things as the following:

• Traumatic brain injuries
• Spinal cord injuries
• Amputations
• Eye injuries
• Crush injuries
• Severe burns
• Severe internal organ injuries

These are the injuries from which, unfortunately, you will never fully recover. For instance, a spinal cord injury can paralyze your lower body (paraplegia) or virtually your entire body (quadriplegia), putting you in a wheelchair for the rest of your life. A traumatic brain injury can affect you in numerous ways that can make it impossible for you to work or possibly even care for yourself. Amputation of one of your limbs requires your use of a prosthesis from that point forward. An eye injury can deprive you of most, if not all, of your vision. A severe burn will almost assuredly leave disfiguring scars.

Mental and Emotional Injuries

Not all car crash injuries are physical. Post-Traumatic Stress Disorder (PTSD) occurs quite often in crash victims. If you develop this debilitating condition after your accident you likely will require long-term counseling and other mental health treatment.

If you need legal guidance after a serious accident, don’t hesitate to contact a lawyer as soon as possible, such as a Brain Injury Lawyer from Barry P. Goldberg. 

There are several scenarios that constitute neglect in a nursing home. If you have experienced abuse or neglect at the hands of a nursing home staff member, a nursing home injury lawyer like one from Davis & Brusca can protect your rights and assist you with filing a claim against the individual or facility. Below are some common errors that nursing home staff make which can fall under neglect.

Failing to Reposition Residents

Since they spend many hours in their beds, residents must be turned or repositioned regularly by staff members. Many residents have difficulty or are unable to reposition themselves, so they are dependent on staff members to help them. Staying too long in one position can cause them to develop pressure sores or bedsores, which happen when there is too much pressure placed on one area of the body. Pressure sores are extremely painful, so a caregiver must take precautions to prevent them in the first place. If a pressure sore is not treated in time, it can become infected. 

Not Providing Enough Food and Water

Nursing home staff are responsible for ensuring residents receive nutritious meals and adequate water. Improper nutrition can lead to health problems and illnesses, which can progress into more serious, long-term conditions. If a staff member at a nursing home does not give a resident under their care enough water or proper meals, they can be held liable. 

Failing to Fulfill Resident’s Emotional Needs

A nursing home can be a very isolating place. Visits from family and loved ones are periodic, so residents rely on their caregivers to give them the attention and care that they deserve. Residents need positive social interactions as part of their car and serve to reduce their stress. They require regular social interaction and emotional support so that they are both happy and healthy. Not paying attention to a nursing home resident’s emotional health and needs is just as dangerous as neglecting their physical health. 

Legal Assistance is Available 

Help is available if you or a family member has experienced abuse or neglect in a nursing home. Work with a trusted and esteemed nursing home abuse lawyer so that they can protect your legal rights and assist you with filing a claim. They will aggressively advocate for you so that the responsible party or parties involved will be held accountable under the law. Call a top lawyer now to request assistance with your claim. 

Asset Protection Planning

If you own assets of any type, creditors can take them away due to debt or losing a lawsuit. Even divorce can threaten your property. Here is a quick primer on how asset protection planning can help keep everything that’s part of your estate within your control.

Persons Requiring Asset Protection Planning

Business owners at risk of being sued should definitely consider hiring an estate planner. Even those with strong business and liability insurance policies are not fully protected. Assets may still be subject to surrender if a judgment is levied against them.

Prenuptial agreements are not bulletproof, and the dissolution of a union may see an intense dispute over money. It is recommended that married couples consult with an estate planning expert.

Those entering nursing homes are excellent candidates for asset protection. An estate planner can help assure that their estates are not drained in the event of Medicaid failing to cover the entire cost of nursing.

Types of Asset Protection Planning

One primary form of asset protection involves the formation of a trust agreement. Under these contracts, you surrender some control over assets, but creditors become unable to repossess them. With someone else officially in command, you benefit by being legally separated from ownership. 

The type of corporate entity you create can also impact how well you are protected. For instance, if you form a Limited Liability Corporation, your personal assets become safe from liability. When starting a company, it is vital that you choose your business formation wisely.

For married couples, assets are generally considered joint property. An estate planner can make it so particular possessions are unable to be claimed during a dissolution of marriage.

General insurance policies are not always enough. Specialized agreements are recommended under particular circumstances. These instruments provide an extra layer of security in case your policy does not cover the damage of a ruling against you.

Tax Impacts of Asset Protection Planning

Any legal maneuvers you make to protect assets are subject to taxes. Even possessions placed in trusts are subject to government tithing. An asset planner can help assure that your accountant has all the necessary information. You wouldn’t want to inadvertently cross the IRS. 

You’ve worked hard for what you own and losing everything due to unforeseen circumstances is a distressing notion. Taking protective legal measures can mitigate the financial impact of life’s uncertainties. Hiring an estate planning lawyer.

to safeguard your net worth from a law office like Brandy Austin Law Firm, PLLC may be beneficial.

Hit by Drunk Driver? Here’s What to Do

You’ve likely heard the statistics. Every two minutes, someone in the U.S. is injured in a drunk driving crash. While the total number of these accidents is declining, drunk driving remains the #1 cause of death on America’s roads, accounting for about one-third of all traffic-related deaths.

Those who are seriously injured in drunk-driving crashes often face significant challenges during their recovery. In addition to the physical challenges, numerous doctor’s appointments and physical therapy sessions, victims must deal with medical and hospital expenses, car repair bills and insurance company discussions, not to mention lost work time.

What should you do if you are injured in a crash that was caused by a drunk driver?

• Call 911. Seek both police and first-responder assistance.
• Monitor the actions of the drunk driver at the scene. When reporting his/her activities to the police, state what you observed in a factual manner.
• Seek Medical Help. Some injuries become much more painful after 24 hours. It’s best to visit a doctor 1-2 days after the accident and get a full checkup, establishing a record of your injuries.
• Be a witness. Drunk driving is almost always a criminal offense that can be prosecuted in court. A DUI conviction can help your case of proving driver negligence. If you choose not to testify, your chances of receiving compensation may be compromised.
• Tell the driver’s insurance company about your injuries. Your best chance of receiving financial help will be through the driver’s insurance company. Alerting the insurer shortly after the accident is best.
• Be leery of taking the first settlement offer. The driver’s insurance company will likely try to settle with you right away and prevent you from seeking further compensation. Check with an experienced personal injury attorney before accepting the first offer.
• Look for witnesses that could substantiate your claims. Did the driver share where he was coming from, or who he had been meeting with?

Is an insurance settlement my only recourse for securing my due compensation? 

No. But you’ll need to prove the driver’s negligence. To win in court or to secure a large settlement, you’ll need the help of an experienced attorney to advise you on your chances of winning in court, as well as to interview witnesses, locate expert witnesses to testify, estimate the amount of wages lost, etc.

If you are a victim of a drunk-driving accident, you have many options to consider, as an attorney, like a drunk driving lawyer, at a firm like Wiseman Bray, PLLC, can explain.

Every day millions of people go to work without considering the risks to their health and wellbeing. While many workers might have private insurance, there is a large majority with an automatic policy called worker’s compensation. Unfortunately, to qualify for worker’s compensation there are at least four qualifications you and your employer must meet. Each qualification sounds simple enough, but if you or your employer make one mistake it can lead to significant legal and financial consequences.

1. Employment Status

To be eligible for worker’s compensation, you must be an employee. While that sounds obvious, the gig economy has created a surplus of contracted workers and not legitimate employees. As a contracted employee, you technically own your own business or operate independently, meaning the company you work for does not have any legal responsibility to you or your health; they can terminate services when they see fit. If you want to make sure that you qualify for worker’s compensation, make sure that you are defined as an employee and nothing else.

2. Employer’s Status

Most state laws require the majority of employers to carry worker’s compensation coverage. Unfortunately, the regulations do not pertain to every business or every state. In some instances, the company you work for can opt-out of such insurance policies because of their status as a nonprofit. Other businesses, like construction companies, often have a different set of laws they must abide by. Just keep in mind that before accepting a position with a company, check if they carry worker’s compensation coverage.

3. Work-Related Injury or Illness

Many people often confuse their worker’s compensation policy. The insurance does not cover every injury or illness; you need private insurance for that. Instead, worker’s compensation is only for workplace injuries or illnesses. Therefore, if you are feeling under-the-weather because of the seasonal flu, you are not covered, but if you get sick because you were exposed to some chemical in the workplace, you are.

4. Filing Deadlines

Beyond employment and employer status, the government has requirements for any employee filing a claim. Every claim must be reported within the approved timeline for such disclosures. If an employee fails to meet the reporting deadline, the worker’s compensation policy will not cover the claim.

Worker’s compensation policies are not easy to understand. If you think that you are eligible to file a claim but are unfamiliar with the process, consider contacting a Newark workers compensation attorney for help from a firm like Rispoli & Borneo, PC, who are experienced with this specific area of insurance law.

Tens of thousands of motorcycle injuries occur each year. In California alone, roughly 16,500 motorcycle accidents happened in 2017. Their small size and high speeds make motorcycles one of the most risky types of vehicle to drive. However, even the most experienced cyclists can cause accidents. It doesn’t take much to lose control of a motorcycle. Some people who drive motorcycles feel too confident in their driving ability, causing them to drive in a way that endangers themselves and the people around them. If they do cause an accident that leaves an innocent person injured, that victim has a right to bring a claim against them. If you have been injured by a cyclist in a motorcycle accident, call a trusted law firm so that you can receive timely legal assistance. 

How Should I File a Personal Injury Claim?

There is a limited period of time to submit a claim for a personal injury case. As a top Chatsworth, CA motorcycle accident lawyer, like one from Barry P. Goldberg, A Professional Law Corporation, can tell you, the statute of limitations for personal injury cases in California is only two years. It may take a long time to gather the information required for a claim, so victims should act early and quickly.

There are key steps that every accident victim must know about to file a claim properly and submit it on time. Know these important steps if you are interested in filing a personal injury claim so that you can obtain compensation and recover damages:

1. Report the accident. Once an accident occurs, it is important that you immediately report it to the correct authorities. They will file a report that contains information such as the drivers involved and how the accident occurred. 
2. Collect evidence at the scene. If possible, capture photo and video evidence of the collision scene. You can provide these pieces of evidence to an attorney who will assess them. 
3. Evaluate your insurance policy. Look through your insurance policy to see what specific items are covered. 
4. Talk to an attorney. Request a consultation with a skilled car accident lawyer early. They will determine if your case is valid and discuss possible strategies that can increase the likelihood of a successful case. 

Obtain Legal Assistance From a Skilled Lawyer That Simi Valley Trusts

There is help available if you are a victim of a motorcycle accident. Contact a top attorney now to request a risk-free consultation. 

Estate Planning Lawyer

The saying “Wisdom comes with age” never held much water with me.  From a young age, I was independent and thought I had figured out how to navigate life.   By age 24, I was married with two kids, a mortgage, a good job, and my estate planning created with the help of an estate planning lawyer in Belgrade, MT, like from Silverman Law Firm. I assumed I knew everything about life and my entire future was mapped out.  WRONG!  At 36, I was divorced, my kids were being shuffled between two households, I had several jobs to make ends meet, and nothing made sense.

So, what would I say to a younger version of myself? 

1. You are Strong.  Situations will always come along in life to challenge you and you can either stick your head in the sand or meet them head on. Remember your current situation is temporary and will not last forever.  Be your own warrior!

2. Don’t Take it So Personal. While a divorce is a very personal experience, it takes two people to end a relationship.  I accepted most of the blame for many years, totally forgetting that there was another person who had issues and contributed to the breakdown of the relationship. 

3. Let go of Toxic Relationships. Say goodbye to toxic relationships, both personal and professional, that conflicts or goes against your core values. Leaving a long-term relationship is always difficult, but once you take the leap you will experience a surge of empowerment. Surround yourself with positive and supportive people and you in turn will be more supportive and positive.

4. Take Time for Yourself. Take time for yourself. You’d be surprised how much you can learn about yourself when you spend time to reflect and have quiet time.  Take time for your loved ones. You can’t be a good mom or role model to your children, if you’re not spending quality time with your loved ones.  Money is no substitute for the memories you create with your children and you will never get that time back.  Make each day count.

5. Laugh More.  Have a sense of humor and laugh more.  Laughter is good for the soul and can make even a tense situation seem less stressful.  Find humor every day and learn to smile and laugh.  Look at the big picture, life holds so much joy and happiness if you only look for it.

6. Be kind. I love the saying: “In a world where you can be anything, be kind.”  No need to elaborate on this advice, the quote says it all.

7. Remember, you are Loved. If you feel you will never be loved again, remember you are a beautiful, loving and giving soul.  You will experience a deeper, more meaningful love than you ever imagined.  This deep love may come from another person, but it may also come from within, as you have truly learned to love yourself, just for who you are.

I look forward to the next 20 years of wisdom to give to my former self of today.   Be well and be kind.

Submitted by Audrey Blomquist, Paralegal