Case Report – Group Home Abuse

Group Home Abuse

I recently settled a lawsuit arising out of the strangulation death of an adult group home resident. John was a 30-year-old autistic man who became a resident of the defendant group home provider when he was 16 years old. At that time, prior to becoming a resident of the group home, John was cared for by his parents in their family home. After his parents divorced, John lived with his mother primarily. Due to his autism, he was prone to violent outbursts. As he became older and more mature, the outbursts became more violent. Further, because of John’s size, he was too difficult for his mother to handle. So, his mother made arrangements for John to reside at a group home that held itself out to the public as being able to manage autistic men with violent outbursts.

For most of his time at the group home, John did well. However, during the last year of his life, he became progressively more violent. John’s neurologist tried to modify John’s antipsychotic medications in an effort to better control his behavior. In addition, John’s parents, the group home administrators, and public officials who deal with individuals having developmental disabilities met to prepare a care plan in an effort to modify John’s behavior and provide safe care for him. However, John’s behavior continued to worsen.

In 2019, John attacked a group home caregiver. In defending himself, the group home caregiver punched John in the face, opening a large gash under his eye. This required stitches. While John was at the hospital, he became violent again, necessitating intervention by police officers. Ultimately, John was treated and released back to the group home.

On the following day, John became violent again. At this time, the on-duty aide attempted to restrain John. In doing so, he apparently put John in a chokehold which resulted in John’s death by strangulation.  However, the aide denied that he strangled John. Instead, he said that he found John unresponsive on the floor sometime after he applied a restraint to him. He further claimed that John was breathing after the restraint and had subsequently gone to sleep.

The county coroner brought attention to the strangulation by showing that John had bruising and swelling in his neck area, exactly where a chokehold would cause such damage. John’s death was otherwise unexplained. When the coroner ruled the death a homicide, police officers interviewed the aide. During the course of interrogation, the aide admitted that he may have gotten his arm around John’s neck during the restraint.

John’s parents sued the group home for negligence and wrongful death.  This case settled for a confidential amount. Contact your local wrongful death law firm such as Mishkind Kulwicki Law Co., L.P.A.

What Compensation Can You File for in a Truck Accident?

What Compensation Can You File for in a Truck Accident?

What Compensation Can You File for in a Truck Accident?

Truck accidents are incredibly serious because of their sheer size and weight. Car accidents alone can be damaging and dangerous, but often truck accidents are even more serious, as they cause greater damage if they collide with a much smaller car. If you or someone you care about has been injured due to a truck accident, be sure to contact a truck accident lawyer  such as Ward & Ward Law Firm today to retain representation. You will need a good lawyer on your side to make sure you are compensated for all of the damage done, as well as potentially for any pain and suffering or lost wages you may miss due to injuries sustained in the accident. 

What Damages Could You File For? 

There are many different things you absolutely deserve compensation for after being involved in a truck accident. Some, but not all, include: 

  • Compensation for any damage done to your car and anything that was damaged inside of your car. Personal property needs to be replaced, as it was only damaged due to the negligence of someone else. 
  • Compensation for medical bills such as hospital stays, copays for the doctor office, physical therapy or chiropractic care visits, and any medication needed after the accident. 
  • Compensation for lost wages due to missed work or the inability to work as usual. This could be because of necessary doctor appointments and physical therapy visits during the work day, or for the work you know you will be unable to perform moving forward. If you have a permanent disability because of the truck accident, you deserve to be compensated for this. 
  • Compensation for pain and suffering. This can be a more difficult amount to calculate, as it is not tangible, but you deserve to get compensation for the trauma that you went through because of this big accident. This is also sometimes meant as a deterrent for the negligent party to not be as careless moving forward, thus protecting other people from going through the trauma you have been through. 

Your life should be as close to normal as possible after this tragic accident. You deserve to be able to move forward without worrying about new things, and your health should be taken care of by the negligent party. You deserve to receive compensation for anything you are able that will improve your quality of life. 

Contact a Truck Accident Lawyer Today

You need to act quickly and contact a truck accident lawyer right away to begin building your case. He or she will take a look at the details surrounding the accident and make the best informed suggestions on whether you should take your case to court or settle through insurance. Your lawyer will want you to get the most out of your case, as you deserve to be compensated for everything this accident made you lose. Reach out to a law firm today to get started. 

Nursing home lawyer

Victims of Nursing Home Abuse 

Nursing Home Abuse

Nursing home lawyer

If you believe that your loved one is being abused at their nursing home, then assure them that you are doing everything you can to help them out. Abuse is a serious allegation and one that should be taken seriously with evidence and proof that the abuse is occurring. Once you know for sure this is happening, it may be in your best interest to consult with an experienced nursing home lawyer to assist you with how to go forward with this unfortunate circumstance. Your lawyer will understand how to proceed and will know what actions to take against the home in a possible lawsuit. 

What to Look Out For

If your loved one is telling you stories about staff members verbally abusing them or chastising them, then this is especially serious. Their mental health may be affected negatively by staff talking down to them or even making threats against them. Write down any of this information that your loved one provides to you as it could be quite significant and important as your case begins to develop against the nursing home. If you see signs of physical abuse that are unexplainable like bruises, cuts, bedsores, and other strange things, then it may be especially useful to document this and find out from your loved one why they occurred. If they seem visibly afraid to explain why or refuse to answer, then there is a chance that they are being physically abused. 

Don’t Panic

When you first hear of abuse from your loved one at the home that is supposed to be caring for them this can come as quite a shock. Don’t panic and jump to immediate conclusions right away. There needs to be enough information in place in order to stop the abuse from going on and eventually taking action against the nursing home. Your lawyer can assist you with all of this information gathering, evidence, testimonials, and more. 

Confide with Legal Counsel

Legal representatives who are experienced and skilled in nursing home law such as Davis & Brusca are ready to help you with your case. Contact one today if you believe your loved one is being mishandled, neglected, or abused at the home that is supposed to be making their life better. A lawsuit or claim against the nursing home could prevent this from happening to other individuals in the future as well. 

 

Facing the Aftermath of an Auto Accident

Auto Accident Lawyer

When you have been in an auto accident in Texas, you may wonder what kinds of rights you have when it comes to getting compensation and what kinds of responsibilities you have when you are at the scene of an accident. Understandably, when someone else caused the accident to happen you want to hold them accountable for their actions, especially when you have financial losses from the accident. When you have been in an accident, learn more about the next steps to take and what you can do when finding the responsible party. 

What should you do following an automobile accident? 

When you have been in an automobile accident, there are certain things you should do. For example, in Texas, any driver who was involved in an accident that resulted in an injury, death, or serious vehicle damage must call the local police department or sheriff’s office to report the accident.

What is the statute of limitations for automobile accidents? 

When you want to file a lawsuit against another party after a car accident, you will only have a certain amount of time to do so. Typically, in Texas, you must file a car accident lawsuit within two years from the accident occurring, as a lawyer like an automobile accident lawyer from a law office like John K. Zaid & Associates can explain. 

Am I legally obligated to call my insurance company and report the accident? 

While most states do not typically have laws stating whether or not a person must report an accident to their car insurance company, you should take a closer look at the contract you signed with your insurance company. Reporting to your insurance company is not the same as speaking with the other party’s insurance agent. Your insurance company will likely be looking for evidence to show that you were not responsible because this will point to the other party’s insurance when it comes time to pay for the expenses. 

What is the “modified comparative fault” rule? 

When a person is in an automobile accident in any state, that state will have its own rules regarding how to determine what a person pays. Texas is known as a modified comparative fault state. Thus, if one party ran a red light a court may find them to be 90% at fault for the accident. If the other party was eating a sandwich while driving, the court may find that they were distracted and 10% at fault for the accident. So, if you are 10% responsible for the accident, your damages awarded will be reduced by 10%. Whatever your situation, working with a local attorney can help when you need guidance and legal aid for your case. 

The 27th Edition of The Best Lawyers in America© Recognizes Attorneys Lindsay Jones and Will Patterson

Wiseman Bray PLLC is pleased to announce that attorneys Lindsay Jones and Will Patterson were recently selected by their peers for inclusion in the 27th Edition of The Best Lawyers in America©.

probate lawyer in memphisLindsay Jones was recognized for her high caliber of work in the practice areas of Trusts and Estates and Litigation- Trusts and Estates.

 

 

Will Patterson was recognized for his high caliber of work in the practice area of Commercial Litigation.

 

 

For more than three decades, Best Lawyers has been regarded – by both lawyers and the public – as the most credible measure of legal integrity and distinction in the United States. As such, Lindsay and Will’s recognition by Best Lawyers symbolizes excellence in practice.

Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising more than 9.4 million confidential evaluations by top attorneys. Best Lawyers’ founding principle remains unchanged and forms the basis of their methodology: The best lawyers know who the best lawyers are, and attorneys do not pay to participate or be recognized. Best Lawyers lists are published in top-tier business and legal publications such as The Washington Post, The Wall Street Journal, and The New York Times.

For more information, check out the Best Lawyers website.

 

 

Sports Fans and Injuries: Who Is Liable When Accidents Occur?

Personal Injury Lawyer

It’s not uncommon to see a stadium fan sustain an injury during a game, but if it’s a serious injury, they may be best served by contacting a lawyer, like a personal injury lawyer from Frederick J. Brynn, P.C. Serious injuries occur across the United States in professional sports arenas, coliseums, and baseball stadiums. They also happen at regional parks and local fields. In many cases, the injuries are minor, but unfortunately, this is not always the case. Sometimes an accident is simply an accident. However, a good personal injury lawyer can review a case and determine if there is liability on the part of someone else, and in that case, the victim is entitled to compensation from the negligent party. Call a lawyer today to schedule a consultation and learn more.

When is an accident considered an act of negligence?

This is a difficult question to answer because the answer depends on the numerous variables involved. A skilled personal injury lawyer can review those variables and come to an informed conclusion as to whether or not the individual has a valid claim. Though there are often signs outside of stadiums that warn of possible personal injury to fans, this does not necessarily protect all parties from injury claims. This is why it’s important to contact a personal injury lawyer to learn if you have the right to receive compensation for your damages. Here are examples of scenarios in which the injured person might have a valid claim against one or more parties:

  • A baseball stadium has safety netting behind home plate, but the park owners have not maintained the integrity of the netting. This allowed a baseball to come into contact with a fan at a high speed, which made it impossible for the fan to avoid its trajectory. The resulting contact with the ball caused a significant and catastrophic brain injury.
  • During construction or upgrades to a stadium, the area that was being worked on was not securely closed off to the public and as such, allowed fans to access it. As a result of coming into contact with the hazardous conditions, they sustained a severe injury.
  • A broken railing at a stadium had been reported to the park’s ownership or management but the responsible party did not address the issue within a reasonable period of time after being notified or becoming aware of that hazard. As a result, a fan fell through the railing and suffered a serious or fatal injury upon impact with a lower surface or the ground.
  • A broken escalator or staircase was not safely secured to prevent fans from using it, and as a result, a fan was seriously injured or killed.

How can a personal injury lawyer help me recover my damages?

A sports arena’s management company or owner may deny an injury claim filed by a fan who sustained a serious injury through no fault of their own. A good personal injury attorney will represent victims injured due to the negligence of others and recover maximum compensation on their behalf.

How a Personal Injury Award May Affect Your Child Support Agreement

If a recent injury accident resulted in you receiving a settlement for your damages, you may be wondering how that compensation might affect the amount of money you pay in child support. After all, child support is based largely on the amount of earned income of the parent. In consideration of the child’s needs (including school costs, food, medical care, clothing, and housing), any income that the support-paying parent receives, may trigger the court to increase the amount of payments. That said, not all additional income is subject to this. 

How a Judge may View the Personal Injury Award You Received

It’s important to understand that the award or settlement is not considered as one lump sum by the family court judge. Because settlements include monies for damages such as medical treatment, the portion of the award that reflects the medical bills of the injured party is not considered income. In fact, much of the settlement may not be seen as additional income. However, if there is a portion of the settlement that is intended to replace the wages that were unearned because of the individual’s injury, then that will probably be counted as regular income. For example, if the settlement was for $100,000, and $25,000 of it was to replace the wages that the person would have earned if not injured, and the rest of the award was for medical bills, pain and suffering, only the $25,000 would be counted as income. Therefore, the total amount of income considered by the judge when determining the amount of child support might not be any higher than if the individual had not been injured. Because every case is different, it is important to consult a family law attorney to be certain.

Evaluating the Needs of the Child

Of primary consideration to the family law court judge is the welfare of the child. It is the judge’s responsibility to ensure that the child’s needs are prioritized above the parents’ when making any rulings such as on child support agreements. Therefore, if you receive income via a personal injury award, your lawyer may advise you that it must be reported to the court. Not doing so could put you at risk for breaking various laws and could result in serious penalties.

Additional Considerations

It’s important to seek insight from a family law attorney about how your child support payments may be affected, because there are many factors that could impact the judge’s decision. For example, you may receive a settlement for a personal injury lawyer but at the same time you may have agreed to care for your child during recovery because you’re not able to work. This may save the other parent daycare fees and enable them to work additional hours. The judge may then hold back less of the wage portion of your injury settlement. With a family law attorney by your side to advocate on your behalf, you can ensure that your child is appropriately considered without getting taken advantage of by your former spouse.

How Long Will My Divorce Take?

Divorce Lawyer

If you’re itching to get out of your marriage, you might start to wonder how long the divorce process will take. Perhaps you’ve been in a bad situation for too long and you’ve finally got the courage to get yourself out of an abusive environment. Maybe your spouse cheated on you and divorce can’t come soon enough. Maybe your spouse is incarcerated and you can’t live with his or her guilt. In any case, there are some factors that will help determine how long the process takes, as an attorney, can explain.

The State Where You Live
Each state has a mandatory waiting period the couple must abide by before the divorce can be final. It’s different in every state, so you should understand your time period so you don’t get discouraged. For example, in Alabama, you have to wait 30 days after you file the paperwork before the divorce can be finalized. In Louisiana, it depends on the circumstances surrounding your divorce. If you have children, you would have to wait anywhere from 180 to 365 days for the divorce to be final.

Contesting the Divorce
Regardless of whether it’s you or your spouse that contests the divorce, contesting could make the entire process last a lot longer. If you can’t decide on a custody agreement for the kids, it might take longer. If you are having a hard time letting go of some assets, you might go back and forth a little longer than usual. If the divorce is uncontested, you might be able to get away with simply waiting the mandatory waiting period in your state.

Your Home
If part of the divorce arrangement has to do with selling your home, that could add some time to the finality of the divorce. It’s possible it will take some time for your house to sell, so you might have to make some adjustments until it does. The judge might grant one spouse to live in the house during this time, or both spouses could be ordered to move out.

Mediation or Counseling
Some courts will require a couple attend counseling or go through mediation before a divorce will be granted. In some cases, this might be done in an effort to allow the couple to see the error of their ways, but many times it is so they can come to terms with what is happening. This is especially important if children are involved. Counseling also gives the couple a chance to really look at what they’re doing to determine if it’s really the right step.

Contacting Your Divorce Lawyer
A divorce could take a significant amount of time if it gets ugly, but you could also get it over with in a month, depending on where you live. If you’re ready to get the process started, contact a divorce lawyer today.

Can Self Driving Cars Mitigate Accidents?

Car Accident Lawyer

According to crash data released by the US Department of Transportation (USDOT) in 2016, some 94% of all severe accidents were due to human error during vehicle operation. Drivers can face a number of situations that may result in making the wrong decision when behind the wheel of a vehicle. While there are a number of complications that still need to be sorted out before drivers allow their cars to fully take over; there have been many technological advancements that might help reduce the risk of an accident. If you have been the unfortunate victim of a car accident at the hands of a driver who may be held responsible, contact an attorney for their assessment of your case and guidance should legal action need to be taken. 

Human Errors That Cause Accidents

Humans are flawed. There are various factors that may result in an accident. However, only a small percentage of these factors do not involve the person driving the car, as a car accident lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain. A high percentage of accidents are the result of human errors such as:

  • Distracted Driving (cell phone use, choosing music, operating navigation, eating, reaching for something)
  • Driving Under the Influence of Drugs or Alcohol
  • Misjudgement of Spatial Surroundings
  • Breaking Driving Laws
  • Failure to Perform Necessary Vehicle Maintenance

If you have fallen victim to an accident at the hands of another driver, you may want to speak with an attorney. You may be able to hold the other driver liable for the damages you have suffered as a result. 

Advancement in Motor Vehicle Technology

Advancements in car technologies may actually help to reduce the risk of an accident occurring. Many vehicles come equipped with safety features and technology that help drivers from succumbing to common errors made:

  • Adaptive Cruise Control
  • Automatic Collision Brake Systems
  • Lane Assist
  • Park Assist
  • Steering Assist

Although cars on the market today are not fully automated, they do offer a variety of options that can take some of the pressure off of driving. Driving a car equipped with this type of technology helps drivers to avoid accidents, and they can take some of the stress out of driving. 

Flaws in Autonomous Vehicles

Many of us looking to the future may imagine getting behind the wheel of a motor vehicle and letting the car do the driving. This may be further away than some might think. Self driving or fully autonomous vehicles pose a number of problems, according to tech sources. One of the most significant barriers involves the ability to keep up with the many software updates that may be needed. Look at the number of updates that are required for a cell phone. It just may be too unrealistic to expect a self driving car to be able to predict all of the unpredictabilities that come up when driving a car. 

Sometimes, the unexpected can occur, especially when behind the wheel of a motor vehicle. Poor driving conditions, unpredictable drivers and many other factors make it difficult to produce an autonomous vehicle that can respond when faced with the number of unknowns on the road. Although a driver may never be able to sit back and allow a car to completely take control of the driving, some motor vehicle advancements may be able to help reduce the risk faced by drivers. If you have fallen victim to a car accident, the aftermath can be completely devastating. Contact a car accident lawyer to learn more about how they may be able to help you should legal action be necessary. 

If You’re Working Remotely, Can You Still Make a Claim?

Personal Injury Attorney

With the pandemic ravaging the country, one major shift in the societal infrastructure is that it has become more common to see people work remotely. The idea is that if a job can be done online from home, a company will mandate that position be done remotely. This way, essential work can continue while satisfying quarantine measures and guidelines. Some jobs are completely online, while others are a hybrid of online work and physical work, requiring a level of manual labor. Suppose that you are injured during work at home while doing your job. Since this isn’t a typical office setting and is in fact the privacy of your own home, is it still possible to make a personal injury claim? You can, but only under the right conditions.

Conditions: Your claim must first be valid, and for it to be valid it would need to actually be related to your job. For example, stubbing your toe on your bedpost on your way to your desk isn’t a valid claim. So consider these questions before making a personal injury claim: Was the action that caused your injury approved by your employer? Was it beneficial to your employer? Did the job require this action be performed? If you answered yes to any of these questions, your claim will likely be valid, because it wouldn’t make a difference if the action was performed at the office/workplace or at home since it was part of the job. The potential of injury would always have been there, regardless of the location.

Does your company have workers’ compensation? Just about any place that has positions involving manual labor has a form of worker’s comp. If your company does, you likely signed a contract protecting them from lawsuits while giving you the benefit of a guaranteed payout for your injury. If you’re under contract, there are still ways to make a claim, but the conditions will be different. Say, for instance, for you to have a valid claim, your employer needed to have performed an intentional act that injured you.

Awareness: As a general condition, while working remotely you need to maintain regular communication with your employer. Just because you’re not in the same building anymore doesn’t mean that you can just do whatever you want to do and the courts will look favorably on this. If your employer is unaware that you are performing the action that caused your injury and the action didn’t serve to benefit your employer or the position, then you are culpable for committing this act and you can’t make a claim. 

Before you move forward, you may want to consider contacting a personal injury attorney in Las Vegas, NV, or an attorney at Eric Roy Law Firm.