Aug 3, 2016
For most families, sending an elderly loved one to a nursing home facility can be one of the toughest decisions they can make. As much as possible, the elderly would want to spend their last years living with their families. When they do decide to send the elderly to a facility, they have the assumption that their loved one would be safe and treated well. This has not been the case most of the time.
According to the website of Karlin, Fleisher & Falkenberg, LLC, there has been several reports of abuses in nursing home facilities. And if your elderly loved one has been a victim of nursing home abuse, you can file a case against the facility. Just like any lawsuit, the process can be time consuming but if successful, you could be able to recover damages for your case. Here now are the steps for filing a nursing home abuse:
1. Gather evidence
Before the trial, you need to gather evidence that will solidify your claim of abuse. Among the most important documents you need to gather medical records from doctors or hospitals. These records can contribute in ensuring the success of your case.
2. Filing the case
Once the evidence has been gathered, the next step is to file the case in court and then served to the facility and other defendants. Just like other lawsuits, nursing home abuse lawsuits are covered by a statute of limitation so make sure to file the case within the prescribed time limit.
3. Preparation for trial
After the filing the case, the plaintiff gets ready for the trial. With the documents in hand, the legal team will assemble witnesses who will corroborate the claim of abuse. Doctors will also be invited to be expert witnesses for the medical records.
4. Resolution of the Case
There are several ways the case can be resolved. To avoid trial, the legal representative of the nursing home may opt for an out-of-court settlement. Other possible ways the case will be resolved includes mediation, settlement arbitration, or administrative settlement.
Mar 11, 2016
According to University of Miami’s Miller School of Medicine, women with fibroids are often unaware of the highly effective treatment options available to them in addition to hysterectomy. Power morcellators were once regarded as a minimally invasive way to remove fibroids and noncancerous tissues during a hysterectomy or a myomectomy. The drill-like device worked by mincing up this tissue into smaller pieces that were then removed through a small incision in the abdomen. However, the FDA soon found a strong correlation between procedures using these devices and the development of deadly cancers—including uterine cancer, uterine sarcoma, and endometrial stromal sarcoma, and metastatic leiomyosarcoma. While the device was able to dice up noncancerous tissue, it could also spread cancerous cells to other areas of the body. According to Williams Kherkher, a staggering 1 in every 370 women developed cancer after undergoing a surgery using a power morcellator.
Along with these dangers, other dangerous symptoms are associated with power morcellators. People who undergo these procedures may experience soreness, infection, bleeding, damage to surrounding organs, and abdominal pain. With these serious dangers, the FDA released an official “black box” warning in 2014, meaning that the risks of morcellators were too great to justify the benefits. Soon, Johnson & Johnson, the makers of the devices, recalled power morcellators. Unfortunately, many women still suffered the effects of morcellators whether it was unpleasant symptoms or the development of deadly cancers.
Many individuals who have suffered as a result of power morcellators are taking action against the responsible party.
Oct 8, 2015
Trucks are automobiles too, aren’t they? In the most basic of definitions, they transport one thing to another place. So why are accidents concerning them different from each other?
According to the website of the lawyers with Pohl Berk, the difference is in the potential they have. A regular, relatively large automobile can be at around 4000 to 8000 pounds of metal. It can be truly devastating if the car is involved in an accident, especially if it’s on the road. But the thing about car accidents is that they don’t necessarily have to happen while on the road. A lot of automobile accidents happen in a parking lot, for example, with little else to complain about but a banged up passenger door or maybe a fallen bumper.
Sufferers of truck accidents might just call you lucky because of that.
Given the image of the automobile before, can you then try to compare the weight of a truck and the impact that the damage of 80,000 pounds of eighteen-wheeled metal can do to a busy highway or even a packed parking garage? And 80,000 pounds is the maximum allowable limit for a truck to carry without a permit – which means they can be heavier than that.
The potential for destruction and damage is what separates the two, which is why there are federal laws that even give truck drivers restrictions. Where regular automobile accidents can be personally devastating in itself, the could be entire towns or cities that are affected by one wayward eighteen-wheeler truck, which then begs the necessity for these kinds of rules and regulations. There are only a definite number of hours that a truck driver is allowed to consecutively drive a truck per day, for example.
Have you suffered an accident due to a truck or an automobile? If you have, it is advisable to contact experienced legal help in order to be given the best help possible following the situation.
May 26, 2015
In Indiana, you are required minimum liability insurance to drive a car legally. These are personal injury ($25,000), third-party bodily injury $50,000, and property damage ($10,000). If you do not have these minimum coverage, you license may be automatically suspended for 90 days. You should also get uninsured motorist coverage ($50,000) in case the at-fault driver has no insurance.
These figures may seem like a lot, but when an accident occurs, it may not be enough to cover expenses. According to the website of Insure on the Spot, anything over what the insurance policy will cover will have to come out of your own pocket. You should get more than the minimum required by state law.
You might also want to consider getting optional comprehensive insurance for your vehicle in case of theft, fire damage, or vandalism. Collision insurance covers damage to your car. Other recommended coverage includes medical payments, rental reimbursement, and loan/lease gap coverage.
If you commit a serious violation of traffic laws, or received three tickets within a one year period, the Indiana Bureau of Motor Vehicles (BMV) will request your insurance company to submit a Certificate of Compliance. This will prove that you had the required insurance at the time of the incident. The certificate has to be sent to the BMV within 40 days to prevent license suspension.
If you get a conviction of driving a car in Indiana without the required insurance, you will be placed on the Previously Uninsured Motorist Registry. This means that at anytime within a 5-year period you will be required to produce proof of financial responsibility i.e. car insurance.
The Consumer Services Department of the Indiana Department of Insurance (IDOI) can help you if you have problems securing the required car insurance such as a spotty driving record. It can also assist you if you have complaints about your insurance company. The IDOI will usually acknowledge and process the complaint within 72 hours.
May 20, 2015
There was one episode on a video clip show that was supposed to be funny, but it really was not. It featured a limo driver who rudely told the bridal party that they would have to get out because he had another booking. The bride was in tears, and the whole entourage wound up arrested because the maid of honor assaulted the driver with her bouquet, who really deserved it.
This is one example of what can happen when you do not choose your limo service well. You could end up with a clunker, a bad driver, bad customer service, or no limo at all. While the example above may seem overboard, it can and does happen with some low-budget services. It would be a sure bet that no one remembers anything about that wedding but the rude driver, and that includes the bride and groom. That is just sad.
There are times when it is perfectly okay to go for budget limo services. If you simply have to do many errands around Austin and you don’t want to stress over parking, then a cheap private car will do. It also works if you are just touring with no set schedule. If your service proves to be intolerable, you can simply leave and take a cab.
However, if it is an important event such as a wedding, or with time constraints such as catching a flight, you need a reliable Austin limo service. You will pay more, but you do away with unnecessary stress and worry. You will have a professional, well-trained driver, and you can choose from a fleet of well-maintained and clean vehicles.
You need all your energy to deal with your event or flight. The limo service is supposed to give you relief, not problems. You definitely do not need the drama of dealing with an unprofessional outfit.
May 16, 2015
Disability means many things depending on circumstances. Most people define it as the inability to move or function without assistance. A good example would be a serious spinal injury, where the victim is no longer able to move a significant part of the body or control involuntary functions. However, when it comes to personal injury, it does not have to be total or permanent to be disabling.
According to the website of the Hankey Law Office, people rely on their jobs to support their family. Disability in this case would mean no longer being able to perform their jobs the way they used to before the accident. If the victim works as a stevedore, for example, and sustained a back injury that precluded heavy lifting, this would be a disability. While the injury may heal over time, in the interim the victim loses income from being unable to work. If this will persist over 12 months based on a physician’s assessment, the victim should be entitled to disability benefits.
One could argue that the disability does not prevent the victim from engaging in less strenuous activities such as office work. However, the fact still remains that the injury prevented the victim from going back to work.
Disabling injuries are not always physical. In some instances, the victim is so traumatized by the incident that going back to work triggers incapacitating anxiety or fear. An example would be involvement in a serious car accident where the victim is no longer able to get into a vehicle without significant emotional or psychological distress. While the victim may not have physical incapacity, the mental disorder is still disabling. As a Louisville personal injury attorney will probably point out, if the horse will not go near the starting gate, the race will not start.
If you sustained disabling injuries because of the negligence or recklessness of a third party, financial compensation will not make it go away. However, you will be better able to adjust to your life-changing experience if you have the resources and time to heal. Consult with a personal or disabling injuries lawyer in your state for more information.
May 14, 2015
The right to sue for personal injury has a time limit. This is called the statute of limitations, and it is designed to keep people from filing lawsuits for injuries they sustained a long time ago. However, the statute of limitations can be flexible if the situation warrants it.
In most cases of injuries caused by defective medical devices, the statute of limitations is two years from the time of the injury. However, the injured party may not even be aware that their medical condition or complaint is due to a defective medical device. This is a frequent case with women who have been implanted with a transvaginal mesh to address their pelvic organ prolapsed or stress urinary incontinence. According to the Williams Kherkher website, the most common symptom of transvaginal mesh failure is pelvic pain, which occurs frequently in women of a certain age for a variety of reasons. There is no reason to suspect negligence in such cases.
In one case in Texas, the patient needed four revision surgeries to remove the mesh because she developed complications. However, she had not been aware that the device was the one causing the complications until she heard it in the news a year later, and filed a lawsuit the year after that.
By the time she filed a complaint, it had been two years after her last revision surgery. Technically, she should have not have been able to file. However, she had not known about the defect until a year before, so the judge based the statute of limitations on when she acquired the knowledge.
It is important that you consult with your Houston personal injury attorney before jumping to conclusions about your case. Even if you had your last revision surgery three years ago, but only found out about the defect of transvaginal mesh from reading this post today, then you still have two years in which to file a lawsuit.
May 10, 2015
There are many reasons why your insurance company may increase your premiums. This could be because of a speeding ticket, an arrest for drunk driving, even the addition of your 19-year old nephew to your household. Your premiums are a reflection of what the insurance company calculates to be commensurate against your risk to cause car accidents. However, your premiums may also increase even if you have no record of unsafe driving. Here are some factors that insurers believe will be possible causes of car accidents.
Once you hit 50, your insurance premiums will go up. This may seem unreasonable as statistics show that older people tend to be safer drivers. However, the actuarial tables take into account the fact that older people have slower reflexes and longer reaction times. When a pedestrian unexpectedly crosses a street, for example, you may not step on the brake fast enough. Older people may also take medication that may affect their driving skills. Some medications can even manifest as drunk driving behavior, and although a Dallas DUI lawyer at the Law Offices of Mark T. Lassiter can use this as a defense when taken together with your spotless driving record, it will not improve your premiums in the slightest.
Marital Status and Credit Rating
Insurance companies consider single people and those with bad credit as more likely to be irresponsible and take more risks. Justifiable or not, this is one of the factors that they consider. It is true that single people tend to get involved in more serious accidents (and thus cost insurance companies more) than married drivers. According to the website of the Goings Law Firm, LLC, serious injuries can have far-reaching consequences for all concerned, and insurance companies don’t like that.
It does not matter if you have a good driving record. Insurance companies are experts at minimizing their exposure in cases of car accidents. In case they have to pay up in the end, they make you pay up front.
May 8, 2015
Not all lawyers have the same skill set, just like doctors. All lawyers start out with general knowledge about the law, and then they pick a specialty. When you need help with your legal tax issues, you go to a tax lawyer, who should know the tax laws inside and out. However, your tax lawyer likely cannot help you with your personal injury issues. You need a lawyer that practices tort law, which governs personal injury lawsuits.
You also need a lawyer who practices in your state. State tort laws are more or less the same anywhere, but with significant differences. An Iowa personal injury lawyer would be your best bet if your injury occurred in Des Moines, for example.
Specialization and location accounts for little if your lawyer has no field experience, or worse, has a bad track record. Personal injury lawsuits are notoriously tricky, and you really need someone who knows all the tricks of the trade. You can be sure that the insurance company of the defendant will retain a highly skilled lawyer; you should do no less. Lawyer fees are not usually a problem because most reputable personal injury lawyers work on a percentage basis, and only when they win a case.
An oft-overlooked qualification of a good personal injury lawyer is their contacts. They should have good working relationships with treatment facilities and doctors, who are willing to be flexible about payment for treating the injured client. Most cases take years, so the plaintiff has to receive medical treatment and assessment in the interim, something that they may not be able to afford.
A well-established Louisville personal injury lawyer will probably have the right contacts for expert witnesses, court reporters for depositions, and even field investigators in Kentucky. The plaintiff has the burden of proof, so it is important that your lawyer knows where and how to get them.