The Warning Signs of Nursing Home Abuse

Personal Injury Lawyer

Placing an elderly loved one into a nursing home can be a tough decision, especially when family members consider the chances of nursing home abuse happening. Family members may want to research about the signs of nursing home neglect, abuse and exploitation so they can respond if such an incident were to be inflicted on their senior loved one. Senior residents who are unable to speak up for themselves or must rely on a caretaker entirely, may be particularly vulnerable. Sadly, many cases of nursing home abuse go unreported, as elderly residents may fear that by speaking up, they will only face worsened mistreatment.

Family members may have plenty of questions about how they can keep an eye on their senior loved one, to ensure they are being well taken care of in the nursing home. And if a situation arises in which they are being mistreated, a family member can feel empowered to take action.

Q: What signs can I watch out for to help protect my loved one from abuse?

A: Loved ones in a nursing home facility that are not being treated well, may be anxious to share this information with you. He or she may worry that if the staff finds out, they may inflict even harsher treatment for bringing it to light. Even if your loved one refuses to talk to you about the abuse, here are warning signs that may mean further investigation should be taken immediately:

  • Your loved one appears fearful, anxious, on edge and/or depressed
  • There are certain caregivers your loved one refuses to let take care of him/her
  • Your loved one is having emotional outbursts, and may even refuse to eat and/or take prescribed medication
  • The bed sheets, clothes and overall cleanliness of the room is poor
  • Your loved one appears frail, weak, has lost weight, malnourished, odd coloration of skin (and not due to a diagnosed illness)
  • Your loved one has marks on body, especially areas that are covered by clothes (chest, stomach, back, upper thighs, and bottom of feet

Q: Is there anything I can do to prevent mistreatment from happening?

A: It can be difficult to eliminate the chances of mistreatment happening to your loved one entirely. However, a great strategy for helping minimize the chances are to be immensely involved in his or her care while at the facility, in addition to visiting often. The more present family members are, the less likely the loved one is going to suffer from mistreatment since staff knows they are being watched carefully.

Q: What can I do if my loved one suffered from abuse, neglect or exploitation?

A: Family members who witness mistreatment happen, observe visible wounds that cannot be explained, or hear directly from their loved one about instances of abuse, can take action in a few ways. Firstly, before you remove your loved one from the facility, obtain evidence related to the abuse including living conditions, physical wounds, and even witness statements. File a report directly to the facility, and then meet with a nursing home abuse lawyer Houston, TX offers about how to seek justice for your elderly loved one.


Thanks to John K. Zaid & Associates for their insight into personal injury claims and warning signs of nursing home abuse.

Creepy Tech Patents

Patent Lawyers

In the future Artificial Intelligence and robots and innovation have the promise of making our lives easier. But what happens when companies are already using types of this technology to spy on us and cross all kinds of boundaries? That’s when a tech-heavy future utopia could become problematic.

Which do you prefer a cold steel robotic hug or one from a person or animal? Microsoft has patented a tele-linked pillow to offer a type of robotic hug to those you care about when at a distance. Microsoft also recommends this technology be used to invade the space of business associates with a mechanical handshake.   

Verizon has patented an advertiser-friendly smart television that employs a few audio and visual sensors to spy on consumers while they watch television.  Then the technology uses what they learn from consumers activities during TV such as cuddling,playing a music instrument, or cleaning to target more specific ads to them.  Don’t worry the TV isn’t just spying on you: it also wants to examine how you interact with those you live with to detect patterns such as sports activity, arguing, talking, or singing. Big Brother moving into your living room anyone?   

These inventions call to mind cautionary Sci-Fi tales such as The Giver or Brave New World.  Will it really be possible that innovation could create so many choices that society may eventually become open to government powers creating a more peaceful environment of less choices.   

It’s in these moments when we could have a super hero of some sort rescue us from the dystopian future we seem determined to bring about with inventions that have lost their sense of humanity.  But who? Perhaps Wonder Woman with her Golden Lasso of Truth to prevent corporations will ill intentions from tricking us into embracing creepy technology.

After all, Wonder Woman was invented herself in 1941 by William Moulton Marston, the inventor of the polygraph machine, also known as the lie-detector test.   

Google in partnership with Motorola has invented a new version of the lie-detector test they are hoping will have broad appeal.  It’s a stylish digitally enhanced tattoo that uses galvanic skin responses to detect when it believes we’re lying.

And the digital tattoo also has the ability to dampen the voices of those that wear it.  

If you have questions about patent law, patent lawyers Chicago, IL trusts can explain the details.

Thanks to The Law Offices of Konrad Sherinian, LLC for their insight into patent law and creepy tech patents.

Questions to Ask Your Doctor After a Car Crash?

Personal Injury Lawyer Memphis, TN

If you have been injured in a car accident, you may be unsure of what steps you should take. After all, the whole experience can be stressful and overwhelming, even if you don’t think you have been seriously injured. However, no matter how mild the crash may have seemed, it is important to get to a doctor right away to make sure you do not have any serious injuries that are not showing any symptoms, such as a concussion, internal injuries, or back injuries. Not only will this protect your health but will also protect any car accident claim you may need to file against the other driver.

As a personal injury lawyer Memphis, TN offers who has extensive legal experience, they know there are some questions that victims of crashes should ask their doctors in order to not only recover the way they need to, but also protect your rights. These questions should include the following:

How Bad Are the Injuries?

As mentioned above, it is not uncommon for car accident victims to not realize their injuries are more severe than they think. Make sure to have your doctor document fully his or her diagnosis, along with just how extensive your injuries are. This documentation will be used in your car accident claim.

How Long Will Recovery Take?

While everyone has a different rate of recovery, your doctor should give you some indication on how long it will take you to heal, whether that time is a few days or a few weeks. With more severe injuries, that recover time may be months or even longer. You want to be sure your doctor documents how long they think it will take for your injuries to heal and what types of medical treatments and care you will need while this recover takes place.

Should You Continue to Work While You Are Recovering?

It is often necessary for a car accident victim to need to take some time from work while they are recovering from their injuries. If this is your doctor’s recommendation, make sure they put this information in writing. You will not only need it for your employer, but you will also need it for any car accident claim in order to show that you had loss of income due to being unable to work while recovering. Lost wages and benefits are recoverable damages in a car accident claim.

Do I Need to See a Specialist?

Although you may have complete faith in your doctor, there are many different types of injuries that may require the expertise of a specialist. For example, if you suffered a head injury in the crash, your doctor may want you to see a neurologist. If you suffered any fractured bones and will need surgery, your doctor may want you to see an orthopedic surgeon. You may also need physical or occupational therapy during your recovery time.

Whatever type of referrals your doctor makes, all of these must be in writing in order to have solid evidence to discourage the at-fault party’s insurance company from trying to deny your claim.

Contact Wiseman Bray, PLLC for their insight into personal injury claims and questions to ask your doctor after a car accident.

What happens if more than one driver caused my motorcycle accident injury?

Motorcycle Accident Lawyer

Any accident involving your motorcycle can cause chaos and confusion during and after the crash, especially if you suffered an injury. If you sustained one or more severe injuries in a multi-vehicle accident, there may be more than one driver who can be held responsible for paying your medical bills and other injury costs. A motorcycle accident lawyer can help you determine who should be held accountable for paying you the compensation you deserve.

Multi-Vehicle Accidents

Depending on how your state’s laws will affect your case, the various drivers who contributed to causing your accident may be held liable to the extent of their involvement. For example, if one person caused 50% of your damages, they might be held responsible for paying half of your damages, while another person who caused 10% of your damages would have to reimburse you for that amount. This may sound straightforward, and indeed it can be, but assessing and proving the percent of culpability of each driver can be challenging as well as contentious. With the help of an experienced motorcycle accident lawyer from our firm, this process can be simplified. A legal team has the necessary skills to determine who should be held liable for a client’s damages and to what extent. Those who are liable may deny their responsibility, or their insurance company may refuse to pay you a fair settlement. In these cases, an attorney will fight aggressively on behalf of their clients to get them the compensation they deserve.

Common Multi-Vehicle Accident Scenarios Involving Motorcycles

Because a motorcycle rider has a low profile as compared to a full-sized passenger vehicle or truck, they are not always visible to motorists who are not paying full attention to the road. This is not the biker’s fault. In multi-vehicle accidents, the problem is compounded, especially as the drivers in an accident may have lost control of their vehicle. Even if they saw you on your bike they may not have been able to avoid hitting you at that point. Whether or not the below scenarios describe what happened to you, contact our motorcycle accident lawyer to learn how we can help you.

  • As a motorcyclist passes through an intersection, a vehicle coming from the opposite direction turns left into the path of the biker and T-bones or sideswipes the motorcycle. A vehicle that was following too closely behind the biker is unable to stop and strikes the motorcycle and the other vehicle.
  • A motorcyclist is stopped at a red light. A vehicle whose driver is not paying attention rear ends the biker, pushing the motorcycle into the intersection. A vehicle that has the green light and is passing through the intersection is not able to stop in time and strikes the motorcycle.
  • A truck has an open and unsecured load and is travelling ahead of the motorcycle. An object falls from the truck, striking the motorcyclist or causes the biker to swerve unexpectedly. Another vehicle travelling near or behind the motorcyclist strikes the motorcycle.

If you were injured by one or more negligent drivers, contact a law firm without delay. A Woodland Hills motorcycle accident lawyer will meet with you during a no-cost initial consultation to determine how they can assist you get the compensation you deserve.

Thanks to Barry P. Goldberg for their insight into personal injury claims and multiple drivers involved in a motorcycle accident.

5 Steps When Dealing with a Slip and Fall Accident

Personal Injury Lawyer

Slip and fall accidents are nothing to laugh about, as someone who hits the ground hard may suffer painful injuries that require medical attention. If you or someone you care about has tripped, slipped and fallen, please do not take this incident lightly. A lawyer understands that you or your loved one may have faced financial loss because of the fall. We can help you seek compensation for the accident, particularly if another party was at-fault for what happened.

Here are five steps to consider after a slip and fall incident:

#1 Get Medical Attention Without Hesitation

Some people may be so embarrassed to have slipped and fallen, that they are not sure whether to tell anyone about it. It is important to your health to see a doctor if you have been hurt. These medical records can also be useful as evidence should you want to take legal action against the party responsible for the accident.  

#2 File a Report of the Accident

If the fall happened while at a store, company building, workplace, apartment, hotel or somewhere else, it is vital that you report it immediately to supervisory staff or a landlord. Request a copy of the accident report for your own records too.

#3 Document Everything You Can

Take pictures of the exact place where you got hurt, and anything near the area that could have led to your fall. For example, take pictures of shelves that are misplaced, strewn items on the floor, whether light fixtures above are not turned on, puddles, or anything else that could have contributed to your collapse.

A lawyer suggests writing down what you were doing in the moments prior to the accident, exactly how you fell down, date/time, and what you were wearing. You may want to set aside your clothing and shoes without being washed, as these could become pieces of evidence later on if you file a lawsuit. If anyone else was with you, take down their name and contact information. Your lawyer can reach out to these witnesses for an official statement of how they saw the slip and fall occur.

#4 Limit Communication and Sharing

After filing a report of the accident, refrain from answering additional questions until you have obtained legal representation. Do not post what happened to any social media platform, even if your page is set to “private”. You may receive calls from an insurance company about the accident. Despite these representatives seeming genuine and as if they are about your health, they may be looking for you to say something that minimizes your injuries.

#5 Consult with a Lawyer

Slip and fall accidents can get complicated very quickly, and may require knowledge from a lawyer who is familiar with such cases. A personal injury lawyer in Philadelphia, PA can meet with you at your earliest convenience to talk more about whether filing a lawsuit is the right decision based on the circumstances of the fall. Please call today so they can help you get the compensation you need to overcome setbacks.

Thanks to Wieand Law Firm for their insight into personal injury claims and dealing with a slip and fall accidents.

Children and Brain Injuries

Brain Injury Law Firm

According to federal data, almost 650,000 children end up in emergency rooms each year because they have sustained a brain injury. The information that has collected by the Centers for Disease Control and Prevention (CDC) reveals that one in 30 children will suffer some form of brain injury before their 16th birthday. Even more alarming is that almost 35 percent of those children will end up with long-term or permanent disabilities from their injury.

Brain injury attorneys understand how frightening it can be for parents when children sustain an injury. When that injury is caused by the negligence of another party, you and your family deserve financial justice for the losses and suffering your child has struggled with. Contact a law office today to find out what your legal options may be and how we can help.

How Brain Injuries Can Affect Children

Young children are much more susceptible to brain injuries just because of the nature of their behavior and activity levels. But numerous studies have all concluded that children who suffer brain injuries can end up with serious side effects long after the injury has “healed.” These injuries can have long-term impacts on a child’s behavior, on their cognitive function, and even with their IQ. A child’s recovery from a brain injury can take years and can be delayed by other factors, including the child’s home environment and if they have certain genes.  

Infants, in particular, are more vulnerable to sustaining brain injuries in accidents. This is because their skulls are still developing and are still soft – hence the referral to a baby’s “soft spot.” An infant’s brain is quickly developing, and a brain injury can cause severe cognitive and other developmental difficulties.

Recovery from a Brain Injury

Research has shown that children who suffer mild to moderate brain injuries are twice as likely to develop attention disorders than children who have never suffered a brain injury. That risks spike to five times more likely to develop attention disorders for children who have sustained a severe brain injury.

As mentioned above, studies have shown that the home environment of a child who has suffered a brain injury can have a significant role in a successful recovery. The more stable the home is, the better odds for recovery are. In fact, it has been shown that a child with a severe brain injury who lives in a stable home environment will recover better than a child who suffered a moderate brain injury and lives in a poor home environment.  

It is suspected the reason for this difference in recovery is because a more stable home environment often means more access to medical treatments and care and therefore there is often a quicker response to seek medical attention.

Let a Brain Injury Attorney Help

If your child has suffered a brain injury because of another party’s negligence, you have the right to pursue legal action against that party. Contact a brain injury law firm Woodland Hills, CA offers today for a free and confidential case evaluation.

Thank you to our friends and contributors at Barry P. Goldberg for their insight into personal injury claims and children with brain injuries.

Why Is It Beneficial that Trusts Avoid Probate?

Memphis Probate and Estate Administration Lawyers

It can be difficult to know exactly how to construct an estate plan that will protect your family and keep your family from potentially destructive in-fighting. Thankfully, you do not have to determine the best ways to move forward alone. An experienced estate planning attorney will be able to help you decide which legal and financial tools will most directly benefit you, your family, your assets and your family’s future. And if you are concerned about the possibility of family in-fighting over your estate, your estate planning attorney will likely have one primary suggestion for you: consider setting up a trust.

Trusts and Probate: The Basics

When individuals pass away without first constructing legally enforceable estate plans, their assets pass through a legal process known as probate. The probate process essentially distributes the assets of a deceased person in accordance with the state’s estate-related regulations. This seems like a harsh way to deal with a lifetime’s worth of sentimental and potentially financially valuable property. But absent clear directions about how an estate should be managed, this process is really the only alternative the state can employ that is as broadly “fair” as possible.

One of the reasons why trusts are such an attractive legal and financial tool is that they are not subject to the probate process. They are constructed in such a way that the state cannot generally question how they should be managed. As a result, there can be little reason for in-fighting among loved ones overwhelmed by the process of probate – because there is no stress of probate associated with the management of trusts.

In addition to the benefit of avoiding probate, assets governed by trusts generally benefit from a level of privacy and control not possible when property is passed along by a simple will. For all these reasons and more, it may benefit you and your family to discuss the idea of creating a trust when you next speak with your estate planning attorney.

Estate Planning Guidance Is Available

If you have questions about trusts, probate or estate planning generally, please do not hesitate to schedule a consultation with an experienced estate planning attorney at your earliest convenience. Planning ahead for how your estate will be managed once you are gone can be an intimidating process. It is not easy to think about a time when you will not be able to provide for your loved ones in the ways you do now. However, by planning ahead and helping to ensure that your wishes are clearly stated, properly constructed and legally enforceable, you will save your loved ones from a great deal of stress after you are gone. And depending upon your financial circumstances, the ways in which you prepare your estate now may help to ensure that your loved ones are provided for long into the future.

Please consider scheduling a consultation with an experienced estate planning attorney today. None of us knows when our estate plans will become truly urgent business. And while it is not easy to begin the process of estate planning, working with experienced Memphis probate and estate administration lawyers will help to ensure that it is an effective and successful process in the end.

Contact Wiseman Bray, PLLC for their insight into estate planning and the benefits of avoiding probate.

The Importance of Physical Therapy Post-Accident

Catastrophic Personal Injury Attorney

Motor vehicle accidents cause a lot of wear and tear on the body. Some injuries are felt immediately, some injuries are not felt until much later, and some injuries could last you a lifetime. The idea of seeking physical therapy after you have been involved in an accident is the best way to recover as quickly as possible, and that is professional physical therapy. Which may not be accomplished by simple exercise.

The purpose of physical therapy is to assist the body, which is already a self-healing mechanism, in the rehabilitation process. Some injuries sustained after a motor vehicle accident require more physical therapy than others. Below are a few reasons you should pursue physical therapy after a motor vehicle accident.

  1. Sometimes there is no way to determine how long an injury may last. By going through physical therapy, you are increasing the likelihood of the injuries you have sustained not lasting as long as they could have. Physical therapy has shown to change predicted outcomes as it pertains to injuries after a motor vehicle accident.
  2. Without physical therapy, it is likely you will not heal at all. You may even potentially worsen your injuries. Physical therapy not only helps make recovery possible, but it allows recovery to come sooner than later.
  3. While you endure pain in the midst of recovery, by deciding to go through physical therapy you are giving your body the chance to not feel as terrible. As you progress in your rehabilitation, what once was extremely painful will hurt less. When your physical therapy is specific to the injury and the area of your body that has suffered pain, by healing faster pain will also reduce faster.
  4. Several people suffer injuries that may only be resolved by surgery. However, in the event that surgery is not detrimental to your healing, physical therapy is a natural way to allow your body to heal itself without undergoing the knife and being left with extremely high medical bills and more time off from work.
  5. When pursuing a personal injury claim, any efforts made to rehabilitate will increase your chances of a winning settlement. With a medical professional providing notes to opposing counsel and insurance companies about your efforts and the extent of your pain. This is also proof that you are trying to heal, and not remain in a place of suffering and pity.

If you or someone you know has been involved in a motor vehicle accident and is currently seeking physical therapy, speak with a skilled catastrophic personal injury attorney Decatur, GA to assist with all of the back end work while you or your loved one is on the road to recovery.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury cases and the benefits of physical therapy for car accident injuries.

 

Baby Spinach Recalled Over Salmonella Concerns

Defective Product Injury Lawyer

Several products with baby spinach have been recalled due to salmonella fears, reports the Food Safety News.

At the end of January, Whole Foods Market announced the recall of various prepared food items with baby spinach across eight states due to possible salmonella contamination. This move was in connection to a previous recall of mesclun and baby spinach by the Satur Farms in Cutchogue, New York.

On January 23, Satur Farms started its recall after routine sampling done by the New York State Department of Agriculture and the Florida Department of Agriculture. At this time, it’s not known if the farm supplied the affected baby spinach and mesclun to other companies.

The affected products from Whole Foods include wraps, sandwiches, salads, pizza, and prepared bowls. The items were sold in stores in Rhode Island, New York, New Jersey, New Hampshire, Massachusetts, Maine, Florida, and Connecticut. So far, no illnesses related to the tainted spinach have been reported.

Products in the Whole Foods recall will have their scale label. Customers who bought items with baby spinach from the store’s hot or salad bars are also being asked to discard those products. In Florida and New York, tainted products were sold in plastic clamshell packaging and have the Satur Farms name on them.

Salmonella is a bacteria that can cause a serious and sometimes fatal infection in older or frail people, young children or people who have weakened immune systems. People infected with this bacteria often suffer from fever, stomach pain, vomiting, fever, nausea, and diarrhea. In some area cases, a salmonella infection can lead to the bacteria getting into a person’s bloodstream and producing other illnesses, including arthritis, endocarditis and arterial infections.

There have been several recalls due to possible salmonella contamination in the news lately. The Food and Drug Administration recently issued another warning about the sesame seed-based product tahini from Israel-based company Achdut Ltd. This recall was first announced in November, and illnesses have been reported. Since the products had a long shelf life through 2021, the administration fears people may still have tainted items in their homes.

Meanwhile, General Mills has announced its second recall of flour in the last two years. Gold Medal brand unbleached flour in five-pound bags has been recalled because the company found salmonella in a sample. They are asking people to toss the flour, which has a best-used-by date of April 2020. Back in 2016, General Mills had to issue a 45-ton flour recall because of an E. coli outbreak. In that outbreak, there were 63 confirmed cases of illnesses reported between the end of December 2015 and the early part of September 2016. The Centers for Disease Control and Prevention finished their investigation into that outbreak in September 2016 but announced at that time that more people were likely to become ill because of the long shelf life of the flour.

Tainted food can cause illness, disease and even death in some cases. If you’ve been affected by a defective or dangerous item, speak to a defective product injury lawyer.

Thank you to our friends and contributors at Richard J. Banta, P.C. for their insight into personal injury claims and food poisoning and recalls.

When Should You Call a Lawyer About an Insurance Claim?

Personal Injury Lawyer

The short answer to this question is when you think the lawyer can effectively help you. What does that mean, though? It means different things to different people, and for good reason. One person’s routine claim that does not require any legal intervention is another person’s nightmare that requires a team of lawyers. Here are some questions to ask yourself if you are thinking about contacting an attorney about an insurance claim.

How much money are we talking? This question is not posed for the cynical reason that in the end, everyone is in business and needs to make money. This question is actually looking to the overall value of your claim and whether expending resources on an attorney will be cost effective in reaching that goal. For example, if a claim is for less than $10,000, does it really make sense to hire an attorney who may charge up to $3,000 to recoup that money? For some people it does and for others, it is not worth it.

Is the question of liability complicated? If the person who caused the accident is almost entirely at fault for the accident, then there really isn’t that much for an attorney to do in this situation.  If it is clear that but for the raging hurricane force winds, the damage to the property would not have happened, then again, escalation is probably not required. On the other hand, if there are numerous factors that are present, anyone of which might tip the scale of liability in a given direction, this might call for a more nuanced and thorough review by a skilled attorney.

How many parties are potentially involved? This is where the question of liability can become really complicated really quickly.  In the more complex tort cases, such as products liability or truck accidents, the number of parties involved can balloon depending upon where the fault lies. For example, it is not unheard of in a products liability case for the manufacturer, numerous sub-contractors, independent contractors, other related third parties, and employees to be implicated.

This is not to say that a routine two car accident does not require a closer level of inspection. It is possible that the real cause of that accident was not driver error, but some defect in the car, such as a poorly performed brake job the day before.  It is worthwhile to investigate this even when the accident seems routine.

How well is the insurance company working with you?  If you find that despite your best efforts, your insurance company is not dealing fairly with you, it may be time to call in an personal injury lawyer Delray Beach, FL trusts to help.  The attorneys who work for the insurance company do just that – work for the insurance company. They are not your attorney nor are they obligated in any way to give you advice. Their job is to protect the insurance company. So, lawyering up can have a substantial benefit in your negotiating power.

Even if you are unsure if an attorney can help you with a claim, it never hurts to ask.

 


 

Thank you to our friends and contributors at The Law Office of Eric H. Luckman, P.C. for their insight into personal injury cases and insurance claims.