Category: Personal Injury

Emotional Abuse In Nursing Homes - Nurse Visiting Senior Male Patient At Home

Emotional Abuse In Nursing Homes

Nursing Home Abuse Lawyer

When many people think about abuse in nursing homes, they imagine physical abuse, like bruises or broken bones. While nursing home residents can endure physical abuse, they can also suffer emotional abuse. Emotional abuse may not leave behind physical scars, but it can still be very damaging. If you have reason to believe that your loved one has suffered emotional abuse in a nursing home, you may want to contact a nursing home abuse lawyer to talk about your legal options.

Types of Emotional Abuse in Nursing Homes

When you place your elderly family member in a nursing home, you likely never imagine for him or her to endure abuse. Unfortunately, however, nursing home residents can suffer abuse, including emotional abuse. As explained by our friends at Disparti Law Group, one of the most common types of emotional abuse is verbal harassment. This happens when a staff member yells or screams at a resident or calls him or her hurtful names.

Isolation is another form of emotional abuse and occurs when staff members intentionally isolate residents from their family members and friends. Since they can’t see their loved ones, these nursing home residents feel lonelier and more depressed.

Emotional abuse may also include intimidation and threats to harm a resident.

As you can probably imagine, emotional abuse can make nursing home life very difficult for residents. They may experience depression, anxiety, loneliness and even post-traumatic stress disorder.

Signs of Emotional Abuse

Emotional abuse is not as obvious as physical abuse. If your loved one has endured emotional abuse, you may not notice right away. In fact, many elderly people feel ashamed and never admit to experiencing abuse. That is why it is important to be aware of the signs of emotional abuse, such as:

  • Depression
  • Lack of eye contact
  • Rocking back and forth
  • Self-harm
  • Changes in sleeping and eating patterns
  • Isolating from family and friends
  • Low self-esteem

If you notice any of these signs in your loved one, he or she may have suffered emotional abuse.

What to Do If You Suspect Emotional Abuse

If you believe that your elderly family member, it can be very disheartening. You feel terrible that your loved one has had to endure something so horrible and want to do something. The good news is that you can. The first step is to remove your family member from the nursing home. You certainly do not want him or her to endure any more emotional harm.

Next, get in touch with an experienced nursing home abuse attorney. If you plan to file a legal claim against a nursing home, you will want to have an experienced attorney on your side. He or she will know how much your family member’s case is worth and help fight for fair compensation. An attorney can handle the negotiation process with the insurance company and give your family peace of mind.

Schedule a consultation with a lawyer today to discuss your case in detail.

Construction Site Safety Considerations - male and female engineers injured the accident

Basic Construction Safety Measures

Personal Injury Lawyer

Construction sites can be incredibly unsafe if proper safety protocols are not followed. Construction sites typically involve large-scale construction equipment such as cranes, backhoes, bulldozers and excavators, which can easily cause injury or death if not operated correctly. Additionally, construction sites often involve hazardous materials such as lead, asbestos, and chemicals that can present a health hazard to workers and nearby pedestrians.

Basic Construction Safety Measures

To ensure safety in a construction site, the work area should be clearly marked off with appropriate caution signs and barriers to warn of any potential hazards. Workers should always wear the appropriate protective gear such as hard hats, earplugs and goggles to protect them from any debris flying through the air that could cause harm. Any hazardous materials must be carefully stored away from pedestrian walkways and workers must follow all safety procedures when handling these materials in order to prevent any accidents or exposure to dangerous toxins.

Never Work Alone

One of the most important safety measures is making sure that no one is working alone at the construction site- there should always be someone around in case an emergency arises or an injury occurs on site. It’s also essential that workers know how to use tools properly since many injuries occur because of incorrect usage of tools they may be unfamiliar with. Furthermore, workers need to make sure that their working space is always kept clean and organized- having well maintained conditions will prevent slips and falls that could lead to serious injury or even death!

Work Zone Warning Signage

Finally, as an experienced personal injury lawyer from John W. Shaw Law explains, it’s important for everyone onsite (workers as well as pedestrians) to take extra precaution when driving near a construction zone – drivers need to slow down if approaching a work zone so they can react quickly enough should any unexpected events arise onsite! Additionally, extra care needs to be taken near excavations or trenches since these areas present a high risk of collapse due their unstable nature – this means keeping pedestrians away from these sites at all times until they are deemed safe by professionals!

Kids posing together for The Process Of Adoption with a family lawyer

The Process Of Adoption

Daycare Injuries

Adoption is a complex process that enables women with unplanned pregnancies to place their child with loving families who can provide better care. Many children have gone on to lead fulfilling lives through the adoption system as a family lawyer from Brandy Austin Law Firm, PLLC can share. Although the process may appear daunting, there are various services and programs in place to assist both before adopting a child and after, as our own daycare injuries attorneys know all too well — adopting a child is a wonderful thing, but they can easily get injured if the people watching them do not pay attention.

Placing a baby up for adoption is different for everyone. Factors such as the country, state, agency, and more can impact your experience. However, there are some general steps you can follow. The first step is to choose an adoption agency. You can choose a public agency or a private agency, but it is important to make sure the agency you choose matches the type of adoption you would like to have. Types of adoption include closed adoption and open adoption. In a closed adoption, there is little to no contact between the birth parents and the adopted child or the adoptive parents, but in an open adoption, the birth parents and the adoptive parents have some level of ongoing contact. The second step is to meet with a counselor. These are typically provided by the adoption agency in order to help parents understand the adoption process and make an informed decision about whether adoption is right for them. The third step is to create a plan for the baby, including the level of contact you wish to have and any special requests you have for the child. The fourth step is to choose the adoptive parents. Once a family is selected, you may meet with them and make sure they are the right fit for your child. The fifth and final step is to sign the legal documents, terminating your parental rights.

The process for adopting a child is similar to placing a baby up for adoption. It starts off with researching different types of adoption and different agencies to find what’s best for your family. After finding the adoption agency, the adoptive parents must meet with an adoption professional and undergo a home study. If they pass the home study, they then wait for a child to be matched with their family and complete any necessary paperwork. Adoptive parents then start meeting with the birth parents in order to build a relationship. They also start preparing for a brand new addition to their family. All that’s left to do is to finalize the adoption and become the child’s legal parent. It is highly recommended to work with a licensed adoption agency to guide you through the process as it can be complex and emotional.

In the process of adoption it is very important for the birth parents to be sure they want to place their baby up for adoption. The process can be difficult and emotional for parents so careful consideration is crucial. To assist in making the decision it is recommended to talk to people who have also gone through this process. Think about your plans for the future and ask yourself if being a parent aligns with those goals. Gather as much information about the adoption process as possible. Counseling and therapy programs are there if needed. There really is no right or wrong answer.

In conclusion, adoption is a process that can bring great joy and fulfillment to both parents and adoptive families. Adoption is a tough decision to make, but it is up to you to do what’s truly best for your child. This can be an act of selflessness that provides adoptive parents with an opportunity to change a child’s life for the better. If you are considering adoption, know that you are not alone in this process and take advantage of all the resources available to you with a family lawyer.

Why Pets Should Be In Your Estate Plan

If you are someone that has pets, then there’s a pretty good chance that you view them as just another family member, who also needs to be taken care of. Sadly, many people, even the most dedicated and responsible pet owners, forget to include their pets in their estate plan. If your pet is relying on you on a day-to-day basis, as they should be, and something were to happen to you, then they will need a new home and an owner to take care of them. Many pets have a shorter life span compared to their humans, however, it’s possible for a pet to live longer than their owner. Animals are living beings after all, and should be included in your estate plan along with your other family members.

As an estate planning attorney explains, one of the simplest ways to provide for your pet in the event that you pass away is to name a guardian in your estate plan. When you appoint someone as the next guardian, you are basically allowing them to start caring for your pet immediately if anything were to happen to you. You also may want to go further in-depth than just appointing a guardian. Even if your caretaker wants what is best for them too, they may not have the financial means or knowledge on how to take care of your pet. You can choose to set aside money for your pet, that this new guardian would use to take care of them. You can leave behind instructions and recommendations for things like veterinary care, medications, brand of food, frequency of feeding, medical conditions, behavioral considerations, personality traits, and so much more.

When establishing an estate plan that includes the well-being of your pet, you have to think not just about your pet’s needs, but the long-term financial demands that can be associated with care. For example, you may need to talk with an estate planning attorney about your pet’s age and expected lifespan, the type of animal that you’re creating a trust for and if there are any species-specific needs, the costs related to feeding, how often they need to go to the vet, and other expenses or information required to properly care for the pet.

The person that you choose as a guardian will need to do more than simply feed and house your animal. If you consider your pet as a beloved member of your family, then it needs to receive the same love that you had given them while you were alive. The person that you choose to be their guardian should be someone who has the time and motivation to care for your pet as well as you would, and they should be willing to assume this role on a short notice if needed. As the team at Silverman Law Office, PLLC advises, you should speak with your chosen guardian beforehand, to make sure that they are okay with having this responsibility if or when the time comes.

Qualities To Look For In A Workers' Comp Lawyer - Workers Compensation Accident Injury Concept

Qualities To Look For In A Workers’ Comp Lawyer

Workers Compensation Lawyer

A full-time job means spending around 40 hours a week at your workplace or more. This is a significant chunk of time spent doing work; whether you’re unloading a heavy freight truck, welding construction beams, or typing data into spreadsheets, accidents can occur. When these accidents happen, you might be entitled to workers’ compensation. 

While workers’ compensation is designed to protect employees should they get injured or sick on the job, it’s not always a straightforward process. Sometimes it’s in your best interest to hire an attorney. We’ll explore specific qualities you should seek when “shopping” for a lawyer. 

The Right Kind of Experience

For starters, you want an attorney with the right experience. Of course, you should hire someone who specializes in workers’ compensation, but the right experience also includes other factors: 

  1. Similar Cases

Obtaining workers’ compensation for a broken arm is much different than a traumatic brain injury and very different than chemical poisoning. Additionally, particular industries or employers can offer challenges. Therefore, selecting an attorney who has worked on cases that overlap with your own predicament is better. 

  1. A Proven Track Record 

You also want an attorney that can win cases. Of course, winning a legal case looks much different than winning a sports match. Compromises might need to be made, but ultimately, an attorney “winning” a workers’ compensation case means you receive workers’ compensation and a fair settlement or court award. Compensation should cover all of your immediate and foreseeable medical expenses. It should also cover lost wages and, if necessary, job rehabilitation or disability benefits. 

  1. Satisfied Clients

While fellow legal colleagues are trustworthy references, satisfied clients make a better impression on people. Therefore, a qualified attorney shouldn’t hesitate to provide you with many happy client references. They may openly share them on their website or provide you with some at your initial meeting without asking. 

  1. Litigation and Trial Experience

Legal cases aren’t sports matches—contrary to what legal dramas may lead you to believe. Most cases are settled outside of court, usually for both parties’ betterment. Of course, a qualified lawyer tries to settle outside of court. The right lawyer, however, won’t be afraid to take a case to trial. 

  1. They’re Easy to Communicate With

You also want an attorney that you can easily communicate with. When meeting with an attorney, be sure to ask yourself the following questions: 

  • Does the attorney explain things in a way I can easily understand? 
  • Does the attorney plainly answer any questions or clear up any confusion? 
  • Does the attorney provide realistic and objective outcomes? 
  • Do I feel relaxed and at ease with this attorney? 

These are all questions you should consider. While factors like feeling comfortable around your attorney sound extremely subjective, they are important. You can communicate with an attorney for several months or more while they help settle your workers’ compensation case. You want a workers compensation lawyer you can communicate with and trust—something our friends at Hurwitz, Whitcher & Molloy, LLP can confirm. 

Fatal Accidents And Thanksgiving Weekend

According to the National Safety Council (NSC), since 2019 fatal accidents on the country’s roads have been steadily increasing during the Thanksgiving weekend.

Over 50 million Americans are expected to take to the roads for the fourth Thursday in November, and the NSC estimates that approximately 515 people will lose their lives in an automobile accident over the holiday. And that doesn’t include the thousands who will suffer serious bodily injuries in those crashes. Many of these crashes will be caused by careless or exhausted truck drivers.

 

What can you do if you or a loved one is in a truck accident over the Thanksgiving Holiday?

Call 911: Often, truck drivers are rushing to get home or don’t want to report a crash to their bosses so they will try to talk you out of calling the cops. You will need the police to create an accident report so you and your lawyer will know who the truck driver is, who he works for, and what company that provides the truck insurance.

Photos & Video: Often, you or your loved one will not be able to take photos or videos at the scene of the crash. If this is the case, ask for someone else to take photos over the next few days of the damage to the car. While a picture of the car cannot always tell what damage your body suffered, it can help explain how the crash happened and how the truck driver was at fault. Photos of the area of the crash can also be helpful. For example, if the crash was at an intersection with lights, it can be helpful for a jury to see those photos at trial.

Medical Attention: Truck crashes can cause death, amputations, fractures, and other soft tissue injuries. With amputations and fractures, you will be transported immediately to the hospital. With soft tissue injuries – such as injuries to your tendons, ligaments, muscles, and spinal discs – you might not feel severe pain immediately because of your adrenaline and because you want to get home. In your mind, your pain isn’t bad but over the coming days it doesn’t go away. If this is the case, get yourself to an emergency room, urgent care, or a medical provider with experience dealing with car crash cases. They will know how to deal with the insurance minefield and how to set you up for treatment.

Injury Lawyer: If your pain doesn’t go away, contact an attorney, like our firm or the personal injury lawyers who are experienced in car accident litigation.  The lawyer can help you with setting up treatment, explaining your rights, notifying the other insurance company, and filing a lawsuit to protect your rights. (And it should be free— most personal injury lawyers are only paid if you ultimately receive compensation.)

We wish you and your families a safe and health Thanksgiving. And we hope that your loved ones will never need to rely in these tips.

Concerns Regarding Partial Fault in Car Accidents

If you’ve recently been injured in an auto accident and you’re hesitant to speak with an attorney because you believe that you may have been partially to blame for what happened to you, there’s no need to delay in scheduling a free consultation. California car accident injury victims are afforded some of the most generous legal protections in the nation. As a result, even if you were partially at fault for what happened to you, you’re likely still in a strong position to pursue compensation from any other party whose negligence, recklessness, or intentionally dangerous conduct also directly contributed to the cause(s) of your harm.

Pure Comparative Negligence Model

As an experienced car accident attorney can explain in greater detail as the information pertains to your case. This legal theory holds that an accident injury victim remains empowered to hold others accountable for their harm, even if the accident victim themselves was up to 99% responsible for their own injurious circumstances.

This legal theory stands in stark contrast to the two other primary models utilized by a majority of states across the country. Most states limit the ability of an accident victim to seek damages from other responsible parties if the victim in question is 50% or more at fault for what happened to them. An extreme, yet small number, of states prohibit accident victims from pursuing damage awards at all if they are even 1% to blame for what happened to them.

California’s broad legal protections empower accident injury victims to seek the maximum amount of compensation that is rightfully theirs. With that said, there are circumstances under which it doesn’t make sense to pursue legal action when a victim shoulders a significant amount of blame for their own harm. The compensation award that a victim can pursue is directly reduced in proportion to the percentage of blame assigned to them. Say, for instance, that a victim’s harm is valued at $100,000 and they have been assigned 90% of the blame for the circumstances that led to that harm. Investing time, energy, and legal fees into pursuing the remaining $10,000 from another responsible party may or may not be worth that particular victim’s efforts.

If Your Crash Was Work-Related

It is worth noting that you won’t need to concern yourself with issues of fault and causation if you’re in a place to apply for workers’ compensation benefits as a result of your crash. As long as you’re eligible for workers’ compensation coverage and your crash was work-related, you should remain entitled to collect these benefits even if your crash was your fault. This is because, unlike the personal injury lawsuit process, the workers’ compensation system is not fault-based. Unless you were drunk, high, or trying to get hurt, the system likely won’t be concerned with what or who caused your accident.

Car Accident Liability Help - A close up of a red emergency triangle on the road in front of a car after an accident.

Car Accident Liability Help

Car Accident Lawyer

What can you do following a car accident when liability is becoming an issue? There are many instances where you may be partially at fault for an accident or perhaps you were not the one who is at fault at all. This can make it especially frustrating at the scene of an accident when you are angry at the other driver. The best thing to do in this scenario is to avoid causing a scene, not get angry in public, and wait to blow off some steam at home. However, it can be hard to blow off steam when you get a call from the other party’s insurance company saying they are not admitting fault for the accident. When this is the case, what can you do? 

Why does this happen? 

There are several reasons a person does not want to own up to causing the accident. The main reason is that they do not want their insurance to pay for it. They may be concerned about their insurance going up or they might be concerned about getting a citation. Another reason is that they don’t want to upset their spouse or partner by saying that they were the party that caused the accident to happen. This situation can be more than just frustrating because not only do you not feel like you are getting the closure you need following the accident, you may have a very difficult time getting compensation from insurance. This can make paying off medical bills and property damage difficult. 

What can you do when they won’t admit fault? 

First, it is crucial to only pursue this when you believe they were at fault for the accident. Depending on the state you live in or were in at the time of the accident, you may only get compensation if the other driver was fully responsible for the accident or mostly responsible for the accident. It is imperative you speak with a lawyer, like a car accident lawyer from a law firm like Pioletti Pioletti & Nichols as soon as possible. Your lawyer can help you by:

  • Getting the accident report. If police officers were called to the scene, your lawyer can get the accident report to help support your case by giving their unbiased opinion. 
  • Talking with witnesses. If there were any witnesses to the accident, your lawyer will want to reach out to them as soon as possible and get as much detailed information as they can accurately provide. They can provide vital evidence to show that you were not at fault for the accident. 
  • Speaking with expert witnesses. Expert witnesses are also vital to many car accident cases as they can provide context and information about how car accidents occur or how certain types of injuries can occur that may go against what the other party is saying. 

Once you get in touch with a lawyer, you can begin moving on the path of success. Speak with a law firm today to begin working on your car accident claim. 

Muerte Por Negligencia En Caso De Cirugía Estética

Cuando una persona pierde a su ser querido en un proceso natural es doloroso y angustiante, pero el perder a un ser querido a causa de una acción negligente es un proceso traumático y desgastante.

La búsqueda de justicia y la falta de conocimiento legal cuando una persona se encuentra emocionalmente decaído en situación de duelo, puede ser perjudicial. Si usted ha perdido a su ser querido por una acción negligente no dude en contactar a un Abogado por muerte injusta.

 MUERTES INJUSTAS

Las situaciones más frecuentes de muertes por negligencia o muerte injusta se dan en: el trabajo, hospitales y carreteras.

Uno de los causales de muerte injusta que se ha hecho más recurrente según las estadísticas es la muerte injusta en procedimientos de cirugía estética.

Esto sucede por varias razones. Aquí se listan a continuación:

Comportamientos médicos negligentes en cirugías

Falta de experiencia: Cirujanos que no cuentan con experiencia necesaria para efectuar el procedimiento quirúrgico. Esa falta de sapiencia e irresponsabilidad de afrontar una situación para la cual no está capacitado causa la muerte de su ser querido.

Omite algún paso en el procedimiento: El cirujano omitió realizar algún paso en el procedimiento, que puso en riesgo la salud del paciente y concluyó en un deceso. En algunos casos, los cirujanos o instrumentistas olvidan realizar suturas, olvidan material quirúrgico como gasas, pinzas entre otros objetos) dentro del paciente.

Olvidó realizar recomendaciones preoperatorias: El cirujano, enfermera o asistente médico olvido brindarle al paciente la recomendaciones preoperatorias de su cirugía. En cualquier tipo de cirugía se deben de tener cuidados preoperatorios, es decir antes de someterse a la cirugía.

No revisó antecedentes: El médico o asistente médico no revisó a detalle los antecedentes médicos del paciente, su historia y condiciones actuales, no solicitó análisis previos a la operación.

Olvidó realizar recomendaciones postoperatorias: El cirujano, enfermera o asistente médico olvido brindarle al paciente la recomendaciones para cuidados después de su cirugía. Que tipo de movimientos deberá evitar, que tipo de alimentación es recomendable, si es recomendable ejercitarse o no, que medicamentos tomar y a qué horas, entre otras recomendaciones.

Estas son algunas razones por las cuales una cirugía estética o de cualquier otra índole podría salir mal. Es importante que como paciente siempre consulte una segunda opinión. Verifique comentarios y recomendaciones del doctor que le realizará el procedimiento, esto para afianzar la confianza en su doctor o buscar otra opción.

Aspectos a considerar si se realizara una cirugía estética

Si usted está por efectuarse una cirugía estética, recuerde que debe tomar en cuenta ciertos aspectos para asegurar un procedimiento profesional y una óptima recuperación.

-Historial médico. Asegurarse que el doctor conozca su historial médico antes de someterse a la cirugía.

-Signos vitales. Asegurarse que sus signos vitales se encuentren en óptimas condiciones: presión, oxigenación entre otros parámetros básicos como hemoglobina, glucosa y colesterol.

-No tomar medicamento anticoagulante. Evitar medicamento anticoagulante como aspirinas, ibuprofeno, paracetamol, entre otros medicamentos que hacen que la sangre se adelgace, podría ser sumamente peligroso al momento de una cirugía.

 

Si su familiar ha sido víctima de muerte injusta a causa de un médico negligente acuda a las oficinas de los abogados de Unidos Legales ellos le asesorarán con la empatía y honestidad que los caracteriza.

 

 

 

 

Parties That Can Be Held Liable in a Truck Accident - Tractor Trailor

Truck Driver’s Negligence

Truck Accident Lawyer

If you were hurt in a truck accident, you may be entitled to compensation for your medical expenses, lost wages and other losses. However, it is important to understand that truck accidents are quite different than accidents only involving passenger cars. For one thing, truck accidents are more likely to have more than one liable party. Here are possible parties that can be held liable in a truck accident.

Truck Drivers

Many truck accidents are due to a truck driver’s negligence. For instance, truck drivers may get distracted by their dispatching device, smartphone or objects outside the vehicle and lose focus of the road ahead. Truck drivers can also cause accidents by speeding, drunk driving, fatigued driving and tailgating. 

Truck Company

In some cases, truck companies that employ the truck drivers may be held responsible for accidents. For example, some trucking companies force their drivers to spend too many hours on the road without breaks. As a result, some drivers may become fatigued and get into an accident. Trucking companies can also be held responsible if they fail to adequately train their drivers or perform proper maintenance on their vehicles.

Truck Manufacturers 

Sometimes truck accidents result from malfunctioning truck components, like faulty brakes or tires. If the part was defective from the very beginning, the truck manufacturer may be held liable if it causes an accident.

Cargo Loader

Some truck accidents involve the cargo of the vehicle. If the cargo loader failed to secure cargo properly and it falls off the truck and causes an accident, the loader may be held responsible. 

What Occurs if Multiple Parties Caused a Truck Accident

If more than one party is responsible for your truck accident injuries, you may be able to maximize your compensation for your losses. However, in order to obtain this compensation, you have to show sufficient proof that multiple parties caused the truck accident. That is why it is essential to have an experienced truck accident lawyer on your side. A lawyer can investigate your case and hold all the liable parties accountable for your injuries. He or she will handle all the negotiations with the insurance company and look out for your best interests.