February 8, 2021 by MatadorAdmin

Nursing Home Resident Neglect

Receiving care for your elderly loved ones is very important. They have lived their whole lives independently and once they reach a certain age there are some things that they need help with. Many times they go to live in a place like an elderly home or nursing home to get all of their needs met. These homes generally are safe and good places for them as there are staff who can provide the things that they need around the clock. Unfortunately though, neglect can and does happen from to time. When a nursing home is found to be neglecting their residents, legal action can be taken.

Common Neglect at Nursing Homes

Neglect can reveal itself in a variety of different manners. Some of this neglect could include staff or management at the nursing home deliberately forgetting to administer medications that leads to medical or personal issues or emergencies. Other neglect could include lack of water or food distribution or ignoring the presence of an individual. Nursing home staff failing to help out with needs they agreed to help serve like dental care, hygiene or even personal safety is also a neglecting action. If you are looking for a nursing home neglect lawyer in NJ, then lawyers from a firm like Davis & Brusca, LLC may be of assistance to you.

Other Kinds of Neglect: Abuse

While neglect in and of itself is a negative thing for you or your loved one, abuse is also a major issue. Abuse can take a couple of different forms. Some of the most common types of abuse in nursing homes are:

Intimidation tactics by staff
Physical punishments administered causing bodily harm
Deliberate actions taken to penalize resident or patient that could also lead to mental abuse

There are plenty of different things that could be classified as abuse to you or your loved one. It’s very crucial that if these things are happening to take them seriously and document the events if possible.

What can be Done to Prevent Neglect?

Holding staff and management accountable is the best way to prevent neglect. Checking up on your loved one periodically is another way to help. Aside from these things doing research beforehand on certain facilities may be beneficial. One last important thing is to check carefully as to what care certain nursing homes agree to administer. If they are found to not be administering what they said they were, then seeking legal counsel may be of sufficient help to you.

January 17, 2021 by MatadorAdmin

Some First Steps for Filing a Medical Malpractice Claim

Most healthcare workers do everything in their power to ensure you are healthy and know what’s going on with your body. They exercise high standards of care for each of their patients and will go the extra mile to ensure their patients are comfortable. Even when doing everything they can to do things right, mistakes can be made. If you or a loved one are the victim of medical malpractice, you might be entitled to recovery. The following are some first steps you might take.

Speak with Your Medical Professional

The first thing you should do is contact the doctor you have been working with. Maybe the situation isn’t as bad as you think it is, and there’s a simple remedy. The doctor might provide a solution free of charge. Maybe it wasn’t the doctor who made the mistake, but he or she can point you in the right direction of what to do next. There’s also a chance you’re not experiencing malpractice at all, and the symptoms you feel are perfectly normal for the care provided. A doctor can explain these things to you.

Report the Provider

If nothing changes after speaking with your medical provider, you might want to report him or her to the licensing board. The board can’t make the doctor do anything differently, but they can issue a warning. They might also be able to instruct you on what to do next and how to handle the situation.

Understand Time Limits

Every day matters when you’re facing a medical malpractice case. You have to get your claim filed within a specified amount of time called the statute of limitations. If you don’t get the claim filed on time, you could lose the right to compensation. The statute of limitations is different in every state, so you should never assume you have a certain amount of time if you’re not positive. For example, the statute of limitations for medical malpractice in Texas is two years, but just over the border in Louisiana, individuals only have one year to file a claim.

Obtain a Certificate of Merit

Not every state requires a certificate of merit, but many do. This is a document from another medical professional that indicates your medical claims are accurate. It needs to be filed with your claim so the court sees the case has merit.

Getting Started

This is just the beginning when it comes time to file a medical malpractice case. Contact a lawyer, like a medical malpractice lawyer from Ward & Ward Law Firm, for help getting started and completing the process.

January 12, 2021 by MatadorAdmin

Personal Injury Settlements: When Will You Receive Your Award?

After filing a personal injury claim, most clients want to know how long it will take until they receive their settlement. While a personal injury lawyer, like from Davis & Brusca, can offer an estimation, he or she cannot give you a detailed timeline. Different factors can affect when you receive your settlement.

The Complexity of the Case

It shouldn’t be any surprise that complex cases take longer to finish. The more complex the case is, the more likely your lawyer will have to spend a long time taking notes on the details of the case and preparing your defense.

If it is a case where negligence is difficult to prove or where there is difficulty proving fault, then it might take longer for the lawyer to prepare a defense. Sometimes, liability is difficult to prove. If there are few witnesses and little evidence, then the defendant may have a strong case against you.

The Amount of the Settlement

If you’re dealing with a high dollar amount, expect the company to fight harder. Insurers want to pay you as little as possible. They will look for every possible way to pay the bare minimum for your injuries. Once the insurer does his or her due diligence, there is a chance that the insurer will choose to settle out of court.

When it comes to high-dollar cases, the insurers will not usually give up unless they know that they do not have a good defense against your claim, that they cannot speak out against your credibility or if your injuries are severe.

The State of Your Current Injuries

If you are still undergoing medical care, it might take longer for you to receive a settlement. While most lawyers will warn you not to wait until you finish your medical care, you do have to keep in mind that if you are still reaching your maximum medical improvement, that your case’s value may increase. If your doctor can estimate how long it will take you to make a recovery or how much money it could take to heal you, then you might be able to make a better estimate of the figure that you deserve.

To file a personal injury claim is the first step to winning compensation. Most lawyers will do their best to try to end the case as soon as possible. However, if you could win a higher award, the lawyer may suggest that you continue to fight for what you deserve.

January 3, 2021 by MatadorAdmin

Understanding Dooring Accident Liability

Many cities are embracing a clean air initiative by making large numbers of bicycles available to its citizens. Along with benefiting the environment, this transportation mode leads to a greater incidence of dooring accidents.

What Is “Dooring?”

Dooring happens when an automobile’s occupant opens its door into oncoming traffic, causing it to obstruct a cyclist’s path. The cyclist sometimes collides with the open car door or swerves into another traffic lane to avoid it. Dooring accidents increase with the placement of bike lanes too close to parking zones.

What You Should Do After a Dooring Accident

Getting doored is traumatic, and it is imperative to get examined by a qualified medical professional as soon as possible after the accident occurs. The following steps are necessary to ensure your well-being:

Call the police or ask someone to call on your behalf
Request a copy of the police incident report
Go to the emergency room immediately
Get a formal medical report
Follow up with a medical provider

Who Is Liable for a Dooring Accident?

In your accident’s aftermath, you may experience severe pain, discomfort, and possible disability due to your injuries. The medical treatment and expenses associated with your recovery can be immense. Fortunately, you may not be liable for all or any of these expenses, depending on the circumstances.

Most states’ laws require individuals to look for oncoming traffic or pedestrians before opening their vehicle doors and before loading and unloading from vehicles. If a passenger fails to do this, causing a cyclist to have an accident, the cyclist may receive damages for medical expenses, lost wages, pain and suffering.

Sometimes, a vehicle passenger and a cyclist share responsibility for an accident. For example, if a passenger can prove that the cyclist had sufficient time and space to avoid the open door, both parties might share the liability. When this happens, it is usually because the cyclist was not paying attention or was exceeding the legal speed limit.

Paying The Bills

After a dooring accident, you may worry about paying your medical bills or returning to work. Depending upon the circumstances of the accident, several options might help cover the financial costs of the accident, including:

Personal liability coverage under the vehicle owner’s auto insurance
Personal injury protection coverage under your auto insurance
Uninsured or underinsured motorist coverage under your auto insurance
Your medical insurance

When a bicycle dooring accident leaves you incapacitated for any length of time, a lawyer, like a personal injury lawyer from Darrell Castle and Associates, PLLC, can help you navigate your options so that you can focus on healing.

January 2, 2021 by MatadorAdmin

Boat Safety

Many people enjoy kayaking. It’s a great way to relax in nature and get good exercise. For those who don’t want to kayak alone, canoeing is perfect. Or maybe power boats are your preference. Whatever your choice of boat, you want to make sure that you stay safe while in the water. The following tips can help:

Always be alert to what is in the water. Many people don’t realize that when they are in calm and high waters, there are still dangerous lurking underneath that could cause their boat to capsize. Things like trees, boulders, and other things often remain hidden under calm waters, but the results can be very dangerous.
Always wear a life jacket, even in a canoe or kayak. This rule is even for people who are excellent swimmers. It is very easy to become fatigued, which can be dangerous. A life jacket will help keep you afloat in an emergency situation. Statistics show that life jackets substantially cut the risk of drowning if you are in a boating accident or incident.
If your boat does tip over, do not panic. Your first reaction may be to try to head straight to the shore, but it is much safer to swim at an angle while holding onto the canoe as a floatation device.
Always remain seated in the boat. If you stand up, it will cause the boat to rock, and it could easily turn over, potentially leaving you stranded or injured.
Make sure you know the body of water you are going to kayak or canoe on. Some bodies of water are more difficult than others, so it is critical to your safety that you are prepared.
No matter how tempted you may be, never drink alcohol when you are going out on the water. Just like drinking and driving a vehicle is a dangerous idea – as well as illegal – so is drinking and operating a boat. Alcohol impairs a person’s judgment, their ability to concentrate, and focus. It is estimated that alcohol is a factor in about one-third of all boating accident deaths.
Take a boating safety course and get certified. Before you get your driver’s license, you are required to take driver education courses and learn the rules of the road, as well as how to safely operate your vehicle. Boat operators should do the same when they purchase a boat. A boating safety course will teach you everything you need to know to not only operate the boat, but also all the steps you should take to make sure you are adhering to boating safety. This includes what you should do in the event of an emergency or boating accident.

If you are in a boating accident, contact a lawyer, like a personal injury lawyer from Wiseman Bray Attorneys, to speak with someone who knows how to navigate a boating accident and can help you get compensation for your injuries.

December 31, 2020 by MatadorAdmin

The Common Ways Medical Malpractice Happens

Medical Malpractice Lawyer

For most people, their health is a top priority. We may visit our doctor on a routine basis to make sure our mind and body is still going strong, and other times we may visit our doctor to receive treatment for an injury or illness. Either way, we reasonably trust that we are in good hands and that our doctor will not make mistakes. However, medical malpractice can and does happen. So you may be asking yourself, in what ways can a nurse, doctor, or medical facility commit an error that leads to patient harm? Here we have addressed this inquiry:

Misdiagnosis or Failure to Diagnose

Failing to diagnose a condition is a very common medical mistake. In fact, the most frequently incorrectd diagnosed illnesses are cancer and heart attacks. Failing to diagnose a condition that is life-threatening can have dire consequences for the patient and lead to serious injuries or death.

Surgical Mistakes

Most of us have heard about surgical horror stories, such as the surgical staff leaving a surgical tool inside the body during surgery, performing a procedure on the wrong area or limb, and too much or too little anesthesia.

Birth Injuries

Did you know that a significant number of medical malpractice claims have to do with child-related medical mistakes? If the OBGYN fails to provide a certain standard of medical care for the mother and baby before, during, or after delivery, it can cause catastrophic consequences. Conditions that are common for birth injuries include:

Dystocia
Nerve damage
Cerebral palsy
Cephalohematoma
Learning disabilities
Brain damage
Erb’s palsy
And more

Prescription Drug Errors

Doctors may prescribe the incorrect medication, wrong dosage, and/or fail to identify dangerous drug interactions based on what the patient is already taking. It is the responsiblity of the doctor and pharmacist workers to ensure a medication is correct, appropriate, and dispensed properly.

It goes without saying that being affected by medical malpractice can leave a person feeling disheartened, and in some cases, in a great amount of pain and discomfort. Those who have been the victim of medical malpractice may want to consider getting legal help, from a professional such as a medical malpractice lawyer in Indianapolis, IN from Ward & Ward Law Firm.

December 25, 2020 by MatadorAdmin

Recovering Dental Injury Damages after a Slip and Fall Accident

Slip and Fall Attorney

Slip and fall accidents can occur anytime, anywhere. Very often, they are avoidable if landlords, private property owners, and retail establishments ensure that their grounds are safe for travel. Even city and municipal governments have a responsibility to make sure that pedestrians, employees, and visitors do not encounter hazardous conditions and suffer injuries as a result. When slip and fall accidents happen, the individual may be fine or they may suffer a catastrophic or fatal injury. For example, hitting one’s head may result in a serious or fatal brain injury. Another possible injury that may result from a slip and fall accident is of a dental nature. A child who chips a baby tooth may not be as affected as an adult who slips and falls and loses a permanent tooth. Regardless of the nature of the injury, if it is a serious one, the person may be entitled to compensation from the negligent property owner, whomever they may be.

Common Dental Injuries Resulting from a Slip and Fall Accident

When a person slips and falls, they may land on their back or on the front part of their body. Even if their face does not come into direct contact with the ground, the sheer trauma from the impact of hitting the ground (or a hard object) unexpectedly can jar the person’s head and teeth. When they make frontal contact with the ground or another hard surface, they may hit their jaw, lips, mouth, or teeth. The types of injuries that may result vary in severity and description, but some are more common than others. Here are several types of dental injuries that someone may sustain in a slip and fall accident:

Fractured or broken tooth. The jagged edge of the injured tooth may also result in cutting or “splitting” a lip.
Fractured or broken jaw.
Severed tongue.
Punctured gums.
Damage to braces.

Determining Liability after a Slip and Fall Accident

Before the victim is eligible to receive compensation for their damages, they and their lawyer, like one at Barry P. Goldberg, A Professional Law Corporation, must prove who was liable for the slip and fall accident. If the person was walking alone on a dark night and slipped on an unlit city sidewalk because there was a large crack in the concrete and there were no witnesses, they will have a difficult time proving that the city is liable for their damages. However, if there was a traffic intersection video camera that happened to film the accident and there was a full moon by which to see the victim clearly, then that might help their case significantly. An experienced slip and fall accident lawyer will have the knowledge and resources necessary to build as strong a case as possible. Without their help, the victim is less likely to receive compensation because even government agencies do not want to pay out claims.

Contact a Slip and Fall Accident Lawyer

Most slip and fall accident lawyers offer a free consultation. After the initial case review, the victim can learn if they may be eligible to receive a settlement from the at-fault property owner. If you suffered one or more serious injuries in a slip and fall accident, contact a lawyer without delay.

December 23, 2020 by MatadorAdmin

Is Bankruptcy the Best Solution for You?

More than 520,000 individuals and companies filed for bankruptcy in 2020. There can be several situations that force people into bankruptcy – real estate debt, new alimony and child support obligations, student loan debt, credit card debt, huge medical bills, litigation for non-payment of debts, unsellable property, etc. Nobody plans to be in financial trouble. It can be an extremely emotional time in your life, and it makes sense to seek advice from an experienced professional before you make any hard and fast decisions.

What is bankruptcy? It is an admission by an individual or a corporation that it cannot pay debts to its creditors. There are a few kinds of bankruptcy filings, and it is imperative that you understand the type of bankruptcy that most applies to your situation.

Filing for bankruptcy can provide incredible relief once your debts are cleared. Still, that doesn’t mean that all your problems will be solved immediately. Filing for bankruptcy can seriously harm your credit scores and make it nearly impossible to build them back up. Some kinds of bankruptcy could be attached to your name for up to 10 years. Your ability to secure loans for a home or other major purchases will be severely hampered. Your efforts to apply for a new job could also be affected.

Are there different kinds of bankruptcy? Yes. There are two common types of bankruptcy for individuals: Chapter 7 and Chapter 13. Chapter 11 is designed for company reorganizations while Chapter 12 applies to family-owned farms and fisheries.

Chapter 7 applies mostly to people with little or no disposable income. Referred to as “liquidation bankruptcy,” this means that most of their assets – including autos, appliances and almost anything other than their primary residence – can be sold off to pay their creditors.

Chapter 13, called “reorganization bankruptcy,” typically applies to people who have steady income. It allows them to keep their assets as long as they can meet their payment obligations as determined by the courts.

Understanding the maze of bankruptcy rules and filling out all the paperwork can be extremely challenging, especially as creditors are threatening to foreclose on your assets. Before you make any final decisions, you should contact an experienced bankruptcy attorney, who can help guide you through the legal process and ensure your rights are protected.

There are many decisions that must be made before filing for bankruptcy, as a lawyer, like a bankruptcy attorney in New Haven, CT from a firm like The Law Offices of Ronald I. Chorches, can explain.

December 23, 2020 by MatadorAdmin

Criminal Driving Offenses

Being involved in a criminal case can be very stressful, even if it is not your first time. If you or someone you know is charged with a criminal offense while driving, your best bet is to speak with a criminal defense attorney as soon as possible to get an understanding of the charge you are facing and what the possibilities are for your case. Many charges occur while driving. There are a few common driving criminal offenses that you should be aware of and try your best to avoid. Of course, if it is too late and you have already incurred these charges, speak with a criminal defense attorney as soon as possible.

Hit and Run

Hit and run offenses are very common. This happens when a driver collides into another vehicle or property and leaves the scene of the accident. This could even happen when the driver leaves for a moment and returns. You should never leave the scene of an accident. What could have simply been a citation can easily turn into criminal charges on your record. The punishment for the crime can vary based on the extent of the incident, but you may be charged with a fine or even jail time.

Reckless Driving

Reckless driving is also common. This is self-explanatory — it occurs when someone is driving recklessly. This may simply be speeding far beyond the speed limit. It could also be swerving into another lane, carelessly putting other people in danger. It could even simply be driving with no regard to traffic laws.

Driving with a Suspended License

Driving with a suspended license is also a common driving offense. This is also self-explanatory. If your license is suspended and you are caught behind the wheel of a car operating a vehicle, you can be arrested for driving while suspended.

Contact an Attorney

Criminal cases could be very frustrating and life changing. However, guilty or not, you do not have to go through it alone. Should you or your loved one be facing criminal charges for a DUI, hit-and-run, or any other driving offenses, contact an attorney, like a criminal defense attorney from Andrew R. Lynch, P.C., to begin building your defense as soon as possible. Your future may depend on it.

December 19, 2020 by MatadorAdmin

Personal Injury: Worker’s Compensation vs. Non-Subscriber

Personal Injury Lawyer

Worker’s compensation vs. non-subscriber — what exactly are the differences between these two? Believe it or not, Texas is the first state to allow employers to opt-out of providing worker’s compensation insurance to become non-subscriber employees. Whenever it comes to worker’s compensation vs. non-subscribers the differences quickly become apparent. To the fault, compensation, and the way in which legal proceedings will take place, these two employment options differ from each other legally. This includes the realm of personal injury law.

To start with, the first main difference between worker’s compensation and non-subscriber workers is who is to be held at-fault and to what extent. For compensated workers, the employer understands there is no inherit “fault benefit” for the employee. If an employee is hurt while at work, they do not have to prove the company as being responsible to receive their benefits. Even if the worker is the one who caused their injury, they will still receive their insurance benefits.

On the contrary for a non-subscriber employee, if they get hurt while on the job, they must prove in some way it was the employer’s fault. For non-subscriber employees, they may have to take their case to court in order to receive their benefits from the company they work for, but in court, they only need to prove it is at least 1% of the employer’s fault that they were injured in order to receive compensation. Whether that be by negligence on the company’s part or because of unsafe working conditions for the employees. After the fault is decided there is still a difference in compensation for worker’s compensation and non-subscriber employees.

Furthermore, once the fault has been determined (for non-subscriber employees) both of these kinds of workers will not receive the same compensation nor will the process for receiving their benefits be the same. In a worker’s compensation case, the employee can be reimbursed for not only their medical bills but for 70% of their lost wages. But the employee would only be able to receive partial long-term benefits if the injury was catastrophic.

When looking at non-subscriber workers, those specific employees will be able to receive full compensation for their medical bills and any lost wages. Additionally, these workers may be entitled to future wage losses if their injuries result in complete or possible disability, while compensated workers are not. But remember, before non-subscriber workers receive any type of compensation, they will most likely have to go to court first. And sometimes compensated workers will have to go through some other legal processes as well.

Lastly, the legal proceedings for these two employment situations vary greatly between themselves. If a worker’s compensation benefits are denied by the company they work for then the employee must file an administrative appeal. Administrative appeals are relatively easy to fill out and are typically a streamlined legal process. While for a non-subscribed worker, if the company or employer refuses to pay them compensation for their work injuries then a lawsuit must be filled. This case may even go to a jury trial so the non-subscriber can hold their employer accountable. If this occurs for the non-subscriber employee, then gaining their benefits from their employer will turn into a long drawn-out process for both parties involved.

Upon considering each of these different factors between worker’s compensation vs non-subscriber employees, these things should be considered when taking on a job with either of these personal injury insurance policies. From whose fault the personal injury would be to how much compensation will be earned, or even how the legal process will turn out. These are a few of the core differences that these two employment situations encompass.

Essentially compensated workers have an easier route to obtaining their benefits when injured at work. While non-subscriber workers will gain more benefits if their employer is found legally liable for their personal injury in the court of law. If you find yourself injured at work, you should consider contacting a personal injury lawyer at the law firm Brandy Austin Law Firm, PLLC could help you put the details into perspective. It is important to consider both of these employment situations when considering how a personal injury might affect your work and life when accepting a job offer.