Personal Injury Lawyer

It can be heartbreaking to find out that a loved one in a nursing home is receiving less than adequate care. Family members of a senior loved one may even worry that this poor care may tip over into abuse or neglect. Those who want to help protect their senior loved one can watch out for warning signs of bad care, then file a report or take further action. Depending on the severity of the incident, filing a lawsuit against the facility for abuse, neglect, mistreatment and/or exploitation may be necessary.

Q: What physical signs may I see on my loved one?

A: Caregivers in the nursing home may become frustrated by residents who are not being entirely cooperative. They may aggressively use restraints to hold the resident down during treatments. It may be cause for concern if you see marks around your loved one’s wrists or arms, due to the use of ropes or belt restrains. Wounds that are inflicted on the resident may appear in areas of the body that aren’t readily seen, such as upper thighs, back, chest, abdomen and feet.

In addition to physical marks, your loved one may appear dehydrated or malnourished if they are suffering from neglect. Staff may not be providing residents enough proper meals per day, either intentionally as punishment or out of neglect.

Q: What can I do to help prevent this from happening?

A: Residents who do not get as many visits may be more vulnerable to mistreatment, since caregivers don’t have to worry so much about family members coming around. Perhaps the best thing you can do to help lessen the chances, are to be present for your senior loved one. Visit often, inquire with staff about why certain things are happening, be involved in medical care decisions, ask questions, and report any incidents of bad care right away.

Q: What if I ask questions but staff aren’t responding?

A: A caregiver who doesn’t know how the answer to a question but seeks someone else for more information, can be an appropriate response. However, if staff are evasive, unable to answer your questions at all, or refuse to share certain details regarding your loved one’s care with you, that can be a major red flag that something suspicious is going on. If you find you are at a stand-still, it may be time to talk with your nursing home abuse lawyer for advice on how to handle the situation.

Q: What if the facility is so frantic, that I can’t seem to ask anyone anything?

A: The leadership at the nursing home facility may be lacking if it feels chaotic whenever you visit, the staff are not working together, caregivers have poor attitudes, and information is lost throughout the day. Elderly care facilities tend to have a high turnover rate, so if your loved one keeps getting assigned a new caregiver every few weeks it may be time to find another nursing home.

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Brain Injury Lawyer

Any brain injury can be serious for the victim, but when the victim is a child, the long-term consequences can be particularly impactful. According to a recent study, the long-term effects that brain injuries have on children are more serious than the medical community previously realized. Not only can this information affect the type of medical treatment the victim will receive, but this information may also have an effect on any injury accident claims that the child and their parents may legally be entitled to pursue.

The study involved more than 125 subjects who had suffered brain injuries when they were younger than 18-years-old. The majority of participants has sustained their injuries at least a decade prior to the study. There were some participants who had been injured more than 15 years ago.

Out of the group, 65 of the subjects had sustained minor brain injuries and had only lost consciousness for less than 20 minutes. The subjects from this group had been hospitalized less than two days, had suffered no (or minimal) amnesia, and had normal brain scans.

Sixty-one of the subjects had sustained serious to severe brain injuries and were hospitalized for several days. These subjects had suffered skull fractures (or other physical signs of the injury), suffered long-term symptoms, and had evidence of their injury show up on brain scans.

Researchers spent time with each one of the subjects conducting individual diagnostic interviews. The point of the interviews was to determine what types of disorders the subjects had developed. Some of these disorders included phobias, panic attacks, depression, and anxiety.

The study revealed that a person who had sustained a brain injury were more five times more likely to develop anxiety than an individual who had never had a brain injury. Phobias, panic attacks, and depression were four times more apt to show up in individuals who had suffered a brain injury than a person who had never been injured.

Even more alarming was the long-term impact on victims who suffer serious or severe injury to the brain. They have the highest rate of anxiety disorder and often develop multiple disorders.

How Does This Affect an Injury Claim?

This is not the first study to reveal the long-term impact brain injuries have on victims. Multiple studies show that brain injuries often have a lifetime effect on the victim. Now consider if the victim is a child who has sustained a moderate brain injury. This evidence means that the injury can leave the child struggling with depression, anxiety, or other mental disorders which could follow them into adulthood.

When the brain injury is caused by an accident that occurred because of the negligent actions of another party – such as a car accident – the child’s parents may decide to pursue a personal injury lawsuit against that at-fault party. If the child’s brain injury means they have a high risk of developing disorders that will still affect them in adulthood, then the brain injury lawyer Trenton, NJ relies on the family hires may take this information into consideration when calculating the damages the victim may be entitled to because of the brain injury.

Thanks to Davis & Brusca, LLC for their insight into personal injury cases and child brain injuries.

Personal Injury Attorney

If you’re lucky enough to not know any specifics about personal injury law, then you might be one of the few. It’s an unfortunate circumstance to be injured due to another person’s decisions and actions. However, it can be even more ill-fated if you aren’t at least somewhat educated about personal injury law. Having the right people and the right information in your corner during a personal injury claim can make a world of difference for you and your loved ones.

Whether you’ve been injured or you’re just being precautionary, here is a quick introduction to personal injury law.

What is a personal injury?

A personal injury is one that is caused by the actions of another person. Those actions could be intentional, such as in a mugging situation, which would be considered an intentional tort. The other side of that coin is negligence, where a person failed to take proper precautions when doing something and it subsequently caused your injury. Slip and falls, auto accidents, and medical malpractice are a few examples of a personal injury case involving negligence. Assault and battery are examples of an intentional tort. There is also strict liability cases, which involve injuries caused by a defective product, such as a motor vehicle that spontaneously applies the brakes.

The role of your attorney

When you pursue a personal injury case, you will find yourself in need of a personal injury attorney. An attorney is your guide, liaison, expert – all of the above. They are there to help you throughout the entire process and provide you with legal representation.

First and foremost, they’re there to explain your case and your rights to you. This is usually done during the consultation, which is where they will get an overview of the case and inform you of your options. Personal injury law can differ from state to state, so it’s important to find an attorney local to your area who is familiar with the local legislation. During this process, they will give you all the information you need to decide on whether you want to pursue your case or not (sometimes it does more harm than good to file the claim).

During your claim, they provide invaluable legal advice that, without it, you could potentially put yourself and your case at risk. They might tell you things like “don’t admit guilt or point fingers at any point and time, to anyone – including the other party involved or the police officers.” You might think you’re not doing any harm to yourself by calling the other party guilty, but you could actually be doing irreparable damage to your case. They’re also your representation in court and legal negotiations. They are an extension of you and all of your opinions, concerns, and wants. They just take all of that and present it in a way that is ultimately beneficial to you and the case.

Personal injury law can be complex without the right people to help you through it. No matter the type of case you have or it’s level of severity, don’t wait to contact a personal injury attorney Bristol, TN offers.

Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury law and what you need to know.

Workers Comp Attorney

Workers’ compensation is a term that’s tossed around quite a bit. And whether you’re a new business owner or an employee, it’s important to familiarize yourself with the basics of this important, state-regulated program.

Ready for a crash course in workers’ compensation law? Keep reading to learn the ropes.

Why Workers’ Compensation Is Important

Workers’ compensation is a state-regulated program that protects and provides financial support for employees who have been injured on the job. And it’s not just important for employees. In fact, workers’ compensation is extremely important for employers to have, even if they only have one person working for them. This program ensures that both the business and its employees are protected.

Who Pays for Workers’ Compensation?

Workers’ compensation is paid for by the business owners. Employees are not allowed to contribute to this insurance by law. It is the business owner’s responsibility to make sure this program is in place. That way, when an employee is injured on the job, a claim can be filed and both parties (the business and the employee) can walk away knowing that federal and state laws are being properly observed.

Workers’ Compensation Doesn’t Cover Everything

While workers’ compensation does cover injuries and illnesses caused directly by the job, it doesn’t cover everything. For example, if an employee was injured on the job because they were intoxicated while working, that claim could not fall under workers’ compensation. In cases like that, it is solely the employee’s fault for coming to work in an unfit state.

Employers Can Dispute Workers’ Compensation Claims

As mentioned above, there are cases in which workers’ comp won’t cover an employee. In addition, there are some cases in which an employer can dispute an employees claim. In this way, workers’ compensation also protects employers. Some of the more frequently used employer defenses include:

• Assumption of Risk: This defense implies that the employee already had a sound knowledge of the risk involved with their work. In other words, they could have been fully aware and prepped for a similar accident to happen.

• The Fellow Worker Rule: If an employer is using this defense, it typically means that another employee’s negligence was responsible for the injury being disputed.

• Contributory Negligence: Rather than another employee’s negligence causing an accident, this implies that the employee who was injured was behaving negligently.

Workers’ Compensation Goes Toward More Than Wages

Workers’ compensation is typically talked about in terms of injured employees being compensated for their lost wages while they are unable to work. However, that’s not the only avenue this money goes towards. Rather, workers’ compensation helps injured employees cover medical expenses as a result of their injuries. Initial diagnosis, treatment, and rehab are all considered additional medical costs associated with a workers’ compensation claim.

Workers’ compensation might not seem like the most important thing in the world at first glance. But once you take the time to learn the basics, you’ll realize just how important it is for business owners and employees alike.

If you have more questions about workers’ compensation law, make sure you contact a workers comp attorney Queens, NY offers today.

Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and a beginners guide.

Wrongful Death Lawyer

Losing a loved one is always a difficult time, but when their death was result of another party’s negligent or reckless act, that loss can be devastating for a family. The laws in most states allow survivors of the victim to pursue a wrongful death lawsuit against the party or parties that are deemed responsible for the death.

Wrongful death attorneys work diligently to get families the compensation they deserve. A legal team understands that no amount of money will ever make up for the loss of a loved one, but they also understand that this loss often leaves families both emotionally and financially overwhelmed.

The following are some of the different types of accidents resulting in wrongful death of the victim that wrongful death attorneys have handled. Call a law office if you would like to discuss how a wrongful death lawyer Salt Lake City, UT offers may be able to help your family.

Car Accidents: Vehicle accidents are one of the most common causes of fatal accidents that result in a wrongful death lawsuit. This is because of the large number of motorists on the roads. Each year, approximately 40,000 victims are killed in car crashes. Some of the negligent actions that cause fatal car accidents include:

• Distracted driving
• Drunk driving
• Fatigued driving
• Road conditions
• Speeding
• Weather conditions

Large Truck Accidents: Commercial truck accidents are different than car accidents in several ways. Because of the vehicle’s massive size and weight, the percentage of fatal truck accidents is much higher than fatal car accidents. Wrongful death lawsuits are also more complex than other vehicle accidents, often having multiple parties named as defendants in the lawsuit, depending on the circumstances of the crash. Some of the more common causes of crashes include:

• Failure to maintain the vehicle
• Inexperienced truck driver
• Loads not properly secured
• Mechanical failures
• Oversized loads
• Truck driver error
• Truck driver fatigue
• Truck driver under the influence of alcohol and/or drugs

Motorcycle, Pedestrian, and Bicycle Accidents: A motorcycle rider, pedestrian, or cyclists is at a higher risk of being killed in a crash compared to occupants in other types of vehicles because of the lack of protection they have upon impact of the vehicle hitting them.

Each year, approximately 5,000 motorcyclists, 6,000 pedestrians, and 900 cyclists are killed in accidents caused by negligent vehicle drivers.

Medical Malpractice: Patients and their families depend on physicians and another medical professional to provide care and treatment, not to harm a patient in such a way they die from medical negligence. Wrongful death attorneys have represented families whose loved ones died because of the following acts of malpractice:

• Birth injury
• Defective medical devices or medications
• Delayed or incorrect diagnosis
• Delayed or incorrect treatment
• Hospital negligence
• Lack of informed consent
• Medication errors
• Misdiagnosis
• Surgical errors

Thanks to Rasmussen & Miner for their insight into personal injury cases and types of wrongful deaths.

Court Reporters

A family court in one state is no longer recording what goes on during proceedings. This means there is no written record of what goes on in court. The court is no longer providing court reporters for these proceedings because of budget cuts. The parties involved in the disputes can hire the court reporters themselves but lawyers feel this will give those who are able to afford to do so an advantage over those who cannot.

A court reporter’s responsibility is to record everything that is being said during hearings and other court proceedings. Without a verbatim account of the proceedings, it can be difficult in many aspects of the process. It can cause complications if something is not understood by all and the conversation cannot be recreated. It can especially be problematic if one party chooses to appeal a decision by the judge to a higher court. The higher court often requires a record of the proceedings and often refers to those records during the decision-making process. If those records do not exist, the appellate, or higher court, will not have much of the case to go by.

This leaves someone who could not afford to hire a court reporter without the ability to appeal their case.

A very cumbersome alternative to file an appeal without a court reporter’s written record is to submit a settled statement. This document is a summary of the facts of the trial and case. But getting both sides to agree on every aspect of the trial and then getting a judge to sign off on the document is tedious and can take a great deal of time. It could also be very costly because of the attorneys and judges time. It can often cost more than having hired a court reporter in the first place.

One judge states that most appeals that come across her desk from family courts are denied because their records are not encompassing enough of what went on during the trial. This is especially disturbing in family cases like spousal support or restraining orders or custody issues where emotions run high. Without the court reporter’s documents, the parties may not be able to appeal a ruling they are unhappy with.

If lawyers or opposing parties disagree about a judge’s order, without a written record it is very hard to dispute.  If a judge makes a detailed decision, without a court reporter to record the particulars of the decision, the exact orders may be disputed.

The cost of a court reporter ranges from about $700 to $800 for an entire day. Their hourly rate is between $80 and $125 an hour. These costs prohibit lower income parties from hiring a court reporter for their proceedings. By leaving the costs to the litigants, only the wealthier parties will have the ability to have court reporters present in the courtroom.  

A court reporter’s presence in family court is not something that should be compromised because of budget cuts. A solution equitable to all socioeconomic classes needs to be implemented because of the highly emotional aspect of these hearings.

Wrongful Death Lawyer

If your family lost a loved one, an attorney can help you get the justice you deserve. There may be no greater loss than the passing of a family member at the hands of a violent offender. Your attorney can understand the tremendous amount of grief you may be feeling and offers compassionate representation. A consultation will be an opportunity to review the facts of your case and receive insight from a legal team about the viability of proceeding with a lawsuit against the perpetrator. This may help your family to make informed decisions about how you wish to move forward.

What is a wrongful death claim?

If the actions or negligence of an individual or a commercial business was directly responsible for a person’s death, the surviving heir(s) of the deceased may be eligible to seek compensation from the responsible party. For example, if someone willfully or through an act of negligence caused the death of your spouse, with the help of a wrongful death attorney you can file a claim or a lawsuit against them. Depending on the circumstances, your attorney may file a claim with the individual’s insurance company or they may recommend filing a lawsuit against them. A claim is usually preferable because the process tends to be faster and less costly than a trial. In addition, a settlement from a claim is a known dollar figure whereas a jury award after a trial (if you win) may not reflect the victim’s damages and may be less than their attorney’s fees.

What is a civil lawsuit?

If your wrongful death attorney recommends proceeding to a civil lawsuit, and if the alleged perpetrator does not have insurance, your attorney will seek to recover your damages by pursuing their assets. If your family wins the lawsuit, and if the jury award reflects the amount of damages itemized by your wrongful death attorney, the Judge may order the defendant to liquidize their assets to pay you.

What is the difference between a civil lawsuit and a criminal trial?

There is much confusion between civil lawsuits and criminal trials. Your wrongful death attorney can provide additional clarity, but here are the main differences:

• If a person is found guilty of murder in a criminal trial, they will be imprisoned for years or their remaining lifetime without the possibility of parole. If a defendant loses a wrongful death lawsuit, they may be ordered by the Court to pay the plaintiff a monetary award, but they will not be imprisoned. However, the State may choose to try the alleged perpetrator in a criminal trial and your wrongful death attorney may recommend that you file a lawsuit against them. In this way, they will be at risk for imprisonment as well as paying your family’s damages.
• It is generally more difficult to prove a person’s guilt in a criminal trial than it is to win a lawsuit against them. This is because the bar for proving guilt in a civil trial is lower than it is for a criminal trial.

Call a law firm to learn if your family is eligible to pursue a lawsuit with the help of a wrongful death lawyer Fort Lauderdale, FL relies on.

Thank you to our friends and contributors at Needle & Ellenberg, P.A. for their insight into personal injury cases and wrongful death.

Workers Compensation Lawyer

Have you recently lost a loved one to an illness or injury related to their job? If so, it is advisable to speak with a workers compensation lawyer about your rights and options. Please do not waste any time. Talk with a workers compensation lawyer now.

Fatal Workplace Injuries

Accidents can happen anywhere and at anytime. No one is completely immune to them, but there are circumstances that are more likely to cause harm and death. These include:

• Vehicular accidents
• Slip and falls
• Electrocution
• Falling objects
• Becoming crushed by a falling or heavy object
• Exposure to chemicals or hazardous materials

Filing for Workers Compensation Following a Death

All states have their own workers compensation laws. In general, if you lost a loved one, and are an eligible dependent, you can recover workers compensation benefits. Typically non-economic damages like emotional distress will not be recoverable with workers compensation. These claims can be complicated and should be overseen by a workers compensation lawyer who will review the facts of your case to see what you may recover. Sometimes, you can file a separate third party lawsuit for a wrongful death. If this is true, you may recover economic and non-economic damages.

Who Can File For Workers Comp Death Benefits?

As a workers compensation lawyer might explain to you, any surviving family members who relied upon the income of the deceased may be able to apply for death benefits. These include:

• The spouse
• Legal Domestic partner
• Child Under 18
• A Child Between 18 and 25 (If they are enrolled in an eligible college or university)
• An Incapacitated Adult (being cared for by the deceased)

If you are a surviving dependent who was partially supported by the deceased, benefits might also be available. In other circumstances, persons who were not dependent on the deceased’s income, but were told they would be financially supported by them, at some point, might be able to receive the death benefits.

Determining who was dependent on the deceased’s income should not in anyway be assumed. This is because there are so many factors that must be considered beforehand. You can expect the insurance company to arguing against your efforts which is why you should have a workers compensation lawyer on your side. Examples of these factors may include:

• Whether the surviving spouse has a separate income
• The age of the surviving spouse and child
• Whether the surviving spouse was completely dependent on the deceased

The aforementioned is not exhaustive. Before pursuing a workers compensation death benefits claim on your own, please call a Brooklyn on the job injury lawyer to discuss your options.

 

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Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and wrongful death.

Personal Injury Lawyer

Traffic accidents are as prolific as they are devastating, with the Insurance Institute for Highway Safety (IIHS) (https://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview) reporting that 37,133 individuals died in motor vehicle accidents in 2017 alone. The number of injuries sustained in non-fatal accidents is even higher, with the Centers for Disease Control and Prevention (CDC) reporting that roughly eight people are hospitalized (https://www.cdc.gov/motorvehiclesafety/index.html) for every one death in motor vehicle crashes. Individuals injured in traffic accidents face everything from minor bruises and soft tissue damage to catastrophic injuries that change the trajectory of their lives. They often need financial compensation to help cover the cost of their medical bills.

How is compensation determined in traffic accident cases?

Financial compensation in traffic accident cases is impacted by multiple factors. One of the most important of these is the at-fault party in the accident. The individual responsible for the injuries is also generally the individual who is responsible for making the victims “whole”. Not every case is clear-cut, however, and sometimes all parties involved in the accident bear some level of fault. This is known as “comparative negligence” and it can have a significant impact upon how financial compensation is awarded.

Comparative Negligence

Comparative negligence is the idea that not every accident is caused by the actions of a single driver. Some of them are the result of negligence by all drivers involved. When this happens, each party’s negligence is determined in comparison to the other party. Perhaps Driver A didn’t look as closely as they could have before turning, for example, but Driver B was driving recklessly and far above the speed limit. Had they been driving reasonably, the accident might not have happened at all – and if it still occurred, the injuries would have been far less severe than they were in reality.

In the above situation, let’s say that Driver A is determined to be 20% at fault for the accident while Driver B is 80% responsible. This is comparative negligence/fault. There are a few different forms of comparative negligence to keep in mind.

Pure Contributory Negligence

A few states recognized a rule known as “pure contributory negligence”. Under this regulation, individuals that are even one percent at fault for a traffic accident cannot collect damages. Apply pure contributory negligence to the scenario above, Driver A would not been able receive financial compensation because they were determined to be 20% at fault for the accident. Five states currently follow this rule:

• North Carolina
• Virginia
• Maryland
• The District of Columbia
• Alabama

Pure Comparative Fault

Pure comparative fault is almost the inverse of pure contributory negligence. Instead limiting victim’s ability to collect damages if they are even one percent at fault, pure comparative negligence decrees that drivers even 99% responsible for an accident can pursue damages. The amount of money they can collect, however, is directly impacted by their degree of fault. In the scenario above, Driver B could attempt to collect only 20% of their damages because they were responsible for causing the other 80%.

Modified Comparative Fault

Most states adopt the modified comparative fault rule. This rule has two separate categories. In some states, parties responsible for 50% or more of the accident cannot recover damages. In others, individuals responsible for 51% of the accident cannot recover damages.

For more information about comparative negligence and which version your state utilizes, reach out to an experienced car accident law firm as soon as possible!

Car Accident Lawyer

Being in a car accident can easily lead to serious injuries, even for minor collisions. Those who suffered from painful, severe and costly physical injuries may wonder what they can do to financially recover. Victims of car accidents can rely on the experience of an attorney for insight on this question. It may cost the victim of a wreck thousands and thousands of dollars to get the treatment they need to get better. This can be particularly true for those who were hospitalized due to accident injuries.

Always Visit the Doctor

Under no circumstances should the victim of a car accident not see a doctor the same day as the crash. Serious injuries do not often get better on their own, and commonly require some degree of medical intervention. By not visiting a doctor right away, you may not only be risking your personal health. After consulting with an attorney, you both may agree that filing a lawsuit against the driver is the best thing to do. However, your case may not be as strong if it took you days or even weeks to get to the doctor. You may be questioned as to why you didn’t get medical attention sooner, when your injuries were so severe.

Document Your Visible Injuries

It can benefit both your car insurance claim and lawsuit if you have photographs of your injuries at their very worst. Pictures are an influential element of proof in showing how much you suffered due to the accident. Other photographs that can be helpful in your case is of the vehicle damage, street signs, debri, witnesses, broken glass, skid marks, and the driver’s information (identification and insurance card).

Obtain Copies of Your Medical Records

As you receive treatment for your injuries, request copies of visits, exams, diagnostics, blood work, hospitalization records, and prescription medications. These documents can help your attorney estimate your potential monetary award in the lawsuit, in addition to serving as key evidence. Ask your doctor to create a treatment plan for you, so you can present this during your case. The costs for past, current, and future medical expenses can be calculated into your compensation amount.

Serious injuries due to a car accident can impact a person’s life for the short or long term. The victim may even have to manage new disabilities or impairments that stemmed from the accident injuries. Please contact a car accident lawyer Des Moines, IA relies on so they can find out more about how you were impacted by the wreck. They can get started working on a strategic plan of action, to help get you the financial restitution needed to recover from what happened.

Thank you to our friends and contributors at Johnston Martineau, LLP for their insight into car accident claims and what do to about your injuries from a car accident.