March 7, 2022

Despite The Benefits of Bicycling, Riders Must Remain Diligent

Despite The Benefits of Bicycling, Riders Must Remain Diligent

Bicycling can be a wonderful way to get around while taking care of your health and the environment. But unfortunately, because car drivers and cyclists share the road, serious and potentially deadly accidents can ensue. If you or someone you care about gets on a bike on a regular basis, or even just for a leisurely ride once in a while, be sure to consider these diligent tips:

Wear a Helmet and Gear

Everyone must wear a helmet when riding a bike. It isn’t required by law for all states, but it can prevent severe injury or even death if an accident were to happen. Wearing brightly colored gear with fluorescence can make you more visible to drivers. If you don’t appeal to colorful gear, consider adding reflective tape to the bike itself, your helmet, or arm/ankle bands. 

Use Hand Signals and Senses

Learn proper hand bike signals for turning, changing lanes, or braking. Not every driver will know what the hand signals mean, but seeing you use them will let them know you are about to make a move and to give you space to do so. Do not wear headphones or engage in behavior that distracts your attention. All your senses should be utilized so that you have enough time to react if danger were to suddenly present itself. 

Keep Bike Maintained and Equipped

Bikes must be maintained and routinely examined. Worn-out or broken bike parts should be replaced before going back out for a ride. If you cycle in the evening or nighttime, you may want to install bike lights on the front and rear. Blinking lights are a great way to make your presence quickly known on the roadway.

As our personal injury lawyer friends from Martin Wren, P.C. can attest, even if cyclists take precautions to keep themselves safe, a careless driver may cause an accident anyway. Always put your safety first and consider the tips provided before your next ride to reduce the likelihood of a crash. 

March 1, 2022

Is Abuse Common in Nursing Homes?

Nursing Home Abuse Lawyer

According to the National Council on Aging, each year, as many as 5,000,000 million older Americans suffer at least one form of elder abuse. Many—if not most—of these incidents of abuse take place in nursing homes and long-term care facilities. Tragically, the Covid-19 pandemic led to a staffing shortage at these already overburdened facilities, which is likely to lead to even more abuse and neglect of residents for some time to come. Statistically speaking, if you have concerns that a loved one who resides in one of these facilities is suffering from one or more kinds of abuse, the chances are solid that you are correct.

Abuse and Neglect – The Basics

Nursing home abuse manifests primarily in five different ways: physical abuse, sexual abuse, neglect, exploitation, and emotional abuse. Any given resident may be affected by one or more of these forms of abuse. Frustratingly, it can be difficult to spot the signs of abuse and neglect, as many signs of mistreatment could reasonably be attributed to other causes. This is one of the many reasons why it is important for the loved ones of vulnerable residents to speak with an attorney about their concerns, even if their concerns cannot yet be verified. As an experienced nursing home abuse lawyer – including those who practice at Davis & Brusca, LLC – can confirm, attorneys skilled in this area of law have a solid understanding of how to uncover the truth of a resident’s situation without raising alarm bells unnecessarily and/or placing the resident in question at greater risk of danger than ever.

Spotting Abuse and Neglect in Nursing Home Residents

It is worth repeating that many of the signs that point to abuse and neglect may be reasonably attributed to other causes. For example, your loved one’s sudden weight loss may be the result of an ulcer, not mistreatment. With that said, it is important to know what the common signs of neglect and abuse are so that you know when to be concerned, when to seek clarity as to their causes, and when it may be in your loved one’s best interests for you to speak confidentially with an attorney about your suspicions.

Common signs of abuse and neglect include (but are not limited to): bruising and other signs of physical trauma, dehydration, malnutrition, a significant change in behaviors and/or socialization, a lack of hygiene, isolation, rashes, repeated infection of reproductive tissue, and odd activity on social media, email, and/or financial accounts.

February 28, 2022

Dog Bite Laws

Dog Bite Lawyer

No matter whether you are the owner of a dog in Texas or you are considering filing a claim against someone who owns a dog that has bit you, you’re probably going to want to talk to a dog bite lawyer. But just in case you’re worried about the dog bite law, you should fully understand if you’re going to own a dog in Texas. You should know the law and that’s what we’re here to help you with.

The One Bite Rule

Many states have a civil statute that is going to specifically lay out what the dog owner is going to be liable for damages and how if their pet causes them. However, Texas does not follow that civil statute that many states have adopted, instead Texas follows the one bite rule.

The history of the one bite rule is that in 1974 the Supreme Court ruled on a case called Marshall v Ranne, Ranne’s hog viciously attacked and injured his neighbor, and the jury ruled that Marshall was indeed contributing to the negligence of the incident because he voluntarily assumed the risk of meeting the pig.

This was the ruling that would lead to the one bite rule being applied to dog bite, and this is a very oversimplified idea of a rule that applies to dog owners. Essentially the dog’s first bite is going to be free of liability, however after the first bite then the dog owner is considered to be on notice for the tendency for his dog to bite as this first bite was free and is considered the animal giving warning that has a tendency to be aggressive. The owner of the dog should then use facts to understand what went wrong in the event their dog bit somebody, and they should avoid events like that again by advocating for the dog.

So if your dog has bitten somebody in the past and you do nothing about it and it might bite somebody again, you are going to be more likely to be considered negligent the next time it bites someone. So civil liability could also be said to be based on negligence when it comes to dog owners, and often when somebody is filing a dog bite claim with the dog bite lawyer in Houston TX, they must be able to prove that the dog’s owner knew the dog was acting aggressively and had been somewhat in the past or the dog’s owner was absolutely negligent to use reasonable care to control the dog.

The dog owner liability rule was going to apply to bites and other injuries that are caused by your animal, so even if you’re very large dog knocks a small child down and they break a bone, they can bring forth a personal lawsuit against the dog’s owner, however the injured person will have to show that the dog’s owner should have known or had reasonable cause to know that the dog was going to harm someone in some way.

February 28, 2022

When Delayed Diagnosis Causes Harm

Medical Malpractice Attorney

If you started experiencing symptoms, went to the doctor, and was told that there was nothing to worry about—only to discover later that something was, indeed, wrong—you may have grounds upon which to file legal action. Medicine is a complex science. It is not always apparent when something is amiss with a person’s physical and/or mental wellbeing. However, there are standards in place that help to ensure that when a diagnosis can be reasonably determined, patients are notified so that they can make informed decisions about their care options.

If your delayed diagnosis was the result of substandard care provided by an individual practitioner or by a medical facility in general, you may be able to hold them legally and financially accountable for any harm that has resulted from that delay in diagnosis. As an experienced medical malpractice attorney – including those who practice at David & Philpot, P.L. – it can be hard for a patient to know whether their situation meets the legal criteria necessary for a successful legal action. That’s okay. You don’t need to know for sure whether your delayed diagnosis rises to the level of “medical negligence” or “medical malpractice” in order to explore your legal options.

Preparing for a Delayed Diagnosis Legal Consultation

If you believe that you may have a cause for legal action against a medical provider, scheduling a risk-free consultation with a lawyer whose practice focuses—at least in-part—on medical malpractice cases is a good idea. The consultation process will allow you to ask an experienced attorney any questions that you may have about your situation and will allow you to voice your concerns. Once a lawyer understands the nature of your medical circumstances, they will be able to provide you with personalized and objective legal guidance. At that point, you’ll be able to make whatever informed decisions best fit your situation. Consulting with an attorney doesn’t obligate you to take legal action or to hire that lawyer. A risk-free consultation is just that; a consultation opportunity with no strings attached.

In advance of your consultation, gather any relevant medical documentation that could help the attorney with whom you’re meeting better understand your situation. Additionally, it can be helpful to both create a list of questions in advance and to write down a rough timeline of when all major events related to your case transpired.

February 22, 2022

Keeping Child Custody Disputes Amicable

If you and your child’s other parent are divorcing, legally separating, or otherwise navigating a romantic split, it is important to be proactive when navigating changes to your co-parenting relationship. If you both plan on remaining active and involved parents, splitting custody and/or parenting time in some way, the courts will likely insist that you construct a parenting agreement. Also known as a “parenting plan,” this agreement will govern the expectations for how your co-parenting relationship will function. This document is legally enforceable, so it is important to treat the process of drafting it with the utmost care.

Workable Parenting Plan Strategies

If you and your co-parent hope to keep your child custody situation amicable—both while drafting your child custody and parenting arrangements and moving forward into the future—it is important to construct your parenting plan with this goal in mind. Generally speaking, you’ll want to be as flexible as you can while setting critical expectations and boundaries that will allow your child to thrive. As an experienced family lawyer – including those who practice at The Law Office of Daniel J. Wright – can confirm, parents too often either construct their parenting plans in ways that are far too rigid or far too flexible. Either extreme can lead to otherwise preventable tensions.

For example, noting the days upon which the affected child will reside with each parent will allow each family member to plan ahead and to know what to expect from the schedule as a whole. Clocking parenting time down to the minute, on the other hand, doesn’t allow for enough flexibility for “life to happen.” Conversely, leaving scheduling decisions open or leaving them up to the child is so flexible that reasonable planning and consistency of routine can’t be established.

To keep your co-parenting arrangements as healthy and amicable as possible, you’ll want to structure your parenting plan provisions in ways that meet your child’s best interests while neither being too flexible nor too rigid. You may also want to outline how often you and your co-parent will be expected to communicate with each other about your child’s evolving needs and by which method(s) of communication you will engage. Some co-parents are able to be much more civil to each other if they communicate primarily via email. Others don’t do well with written communication and decide that brief telephone calls on a certain day of the week work better. Whatever you choose, make sure that your parenting plan provisions fit the needs of your unique family, not anyone else’s.

February 22, 2022

The Costs to Hire a Personal Injury Lawyer

Personal Injury Lawyer

If you’ve been injured in an accident and want to file a personal injury lawsuit against the negligent party, you may decide to work with a lawyer. However, before you hire a lawyer, make sure you have a good understanding of how much their services will cost. 

Contingency Fees

Most personal injury lawyers will offer you a contingent fee arrangement, which means that instead of charging you an hourly rate, the lawyer will receive a fixed percentage of your settlement if you win your case. This agreement incentivizes the lawyer to work hard to secure you a win, and it ensures that you won’t get hit with high legal bills if you do not win. 

Under this fee arrangement, your attorney can typically take between 25% and 40%, though there may be limits to these fees based on your state’s laws. The standard percentage is 33.33%. If the person who caused the accident is willing to settle out of court, your lawyer may take a lower percentage. Because there are so many variables to consider, it is essential that you carefully read the legal contract. Never sign an agreement to do business with a lawyer unless you have a very clear understanding of the stipulations. 

Upfront Expenses

Depending on your agreement, you may be responsible for paying any court costs and associated expenses on top of the contingency fee. These costs may include:

  • Court filing fees
  • Summons costs
  • Subpoena costs
  • Medical record fees 
  • Police report copies
  • Expert witness fees

Some law firms will ask you to pay these expenses as they happen, while others will require a lump sum payment upfront. If you are contractually obligated to pay the fees upfront, your lawyer will typically put your case on hold until you have paid your bill in full. 

However, in many cases, your lawyer will pay the fees on your behalf and deduct the total fee amount from your settlement money. 

Retainers

Some arrangements will require you to pay a retainer (usually several thousand dollars) before the work begins and then a contingency fee if you win the case. However, the retainer amount will usually be deducted from the contingency fee amount you owe. 

The total cost of hiring a lawyer varies by case and whether you want to pay upfront or accept a contingency fee agreement. Contact a personal injury lawyer from a firm like Wieand Law Firm LLC to discuss your case, and be prepared to ask questions about billing costs. 

February 12, 2022

Why Prenuptial Agreements Are So Popular

If you are getting married, you may be weighing the pros and cons associated with drafting a prenuptial agreement. If so, your preliminary research has likely revealed that this legal resource has become increasingly popular in recent years. This reality understandably surprises many Americans, as it wasn’t too long ago that drafting a prenuptial agreement was somewhat stigmatized as a task undertaken only by those who expected (on one level or another) that their marriage might fail.

Nowadays, the process of drafting a prenuptial agreement is increasingly viewed as a way to be proactive about the legal realities and financial expectations that accompany marrying another person. This drafting process allows a couple to think through their views about property, division of labor, money, and a host of other marital realities that can pose challenges when times get tough and/or the unexpected occurs. When approached with an open mind, the process of drafting a prenuptial agreement can help to ensure that your marriage is set upon a strong foundation of understanding and mutually agreed upon expectations that will help to prevent a great number of potentially avoidable tensions from derailing what you are trying to build.

Making Decisions Based in Mutual Respect

There are no guarantees in marriage. This is one of the many reasons why having a legally enforceable document in place at the start of a marriage can be so helpful. As an experienced family lawyer – including those who practice at Greenberg Law Offices – can confirm, most modern prenuptial agreements do not simply articulate expectations as they pertain to the potential of divorce somewhere down the line. Most also lay out enforceable expectations regarding everything from income to social media boundaries that underscore mutually agreed upon values.

However, in the event that you and your spouse do unexpectedly decide to divorce someday, having a prenuptial agreement in place can help to ease the stress of an unquestionably challenging time. Although all couples hope that they will grow together as opposed to apart, life doesn’t always turn out that way. Having an enforceable document in place that was drafted at a time during which you were both looking out for each other’s best interests can help to ensure that both your interests and your partner’s interests are properly accounted for in the event of a split. Additionally, knowing that your interests are protected should you decide to split can help you to focus on repairing a relationship that has begun to crack, should you desire to do so.

February 3, 2022

How to Choose The Right Family Lawyer For Your Needs 

How to Choose The Right Family Lawyer For Your Needs 

Choosing a family lawyer can be a difficult decision. You want someone that can make a real difference in the outcome of your divorce. Not only that, but you need a trusting relationship with this person because they are handling a good portion of your life in their hands. So, you want a lawyer that is as serious about your case and your needs as you are. 

When you go out to find the lawyer that best suits your needs, there are some things that you should look for. If you are looking for a lawyer then below are the following tips to help you find someone that is going to work with you. 

Find a Lawyer You Can Work With 

Sounds simple enough. However, you need to remember that you and your lawyer are going to be partners through your case. You might need to confide in some sensitive or even embarrassing information that you wouldn’t tell anyone. Since you are going to be speaking to your lawyer fairly frequently, you’ll also need to get along. 

When choosing your lawyer, you not only need someone you can trust but also someone you can communicate with as well. Most likely you’ve had that one person that you just can’t seem to get along with. Don’t make that person your lawyer. If you and the first lawyer you meet don’t mesh well then move on. 

Pick a Lawyer, Not a Law Firm 

The relationship you have isn’t between you and the law firm. It is between you and your lawyer who just so happens to work for that law firm. You don’t want a relationship with the whole law firm, you want one with your lawyer. Make sure that you know who is handling your case. If your case is being handled by another associate then you should think about finding someone else. 

Demand Experience 

No one should handle your case that doesn’t have experience in family law. You wouldn’t trust your general practitioner to perform brain surgery, so why let someone with no experience handle your case? The reality is you wouldn’t. Finding someone who has dedicated their practice to family law is going to give you a better outcome in the long run. Not only that but ask about how many cases were successful. You want someone with a good track record of succeeding for their clients.

When you start your search to find a family lawyer, don’t hesitate to reach out to the lawyer, like the team at Pacific Legal Group, to learn more about what they can do for you and to answer any questions you might have. 

January 26, 2022

Examples of Financial Exploitation in Nursing Homes

The public has begun to realize the vast scale of abuse that happens to senior citizens, including those who are living in nursing home residents. Family members may place a senior relative in a nursing home because they have no other options, and are hoping the facility is clean and functions on a moral compass. Sadly, this isn’t always the case, as many senior residents fall victim to staff or doctors who may abuse them physically, emotionally, sexually, or financially. 

There are times when a stranger may steal from a senior in a long-term care facility, however, it’s often those who are supposed to be caring for them that inflict this behavior. Here are examples of ways that seniors may be financially exploited while living at a nursing home: 

Theft of items or money in the resident’s room.

Those in nursing homes have little privacy, as the doors to their room may stay open much of the time, or they share the space with another person. There are many people who may have to enter the room, such as doctors, care staff, and other visitors. These factors can make seniors vulnerable to having items like money, clothes, or jewerly taken. 

Suspicious use of credit cards or checkbooks.

If you notice that your loved one’s checkbooks have gone missing or there is use of a credit card that they had no way of purchasing themselves or isn’t suitable for them, this may be a sign that financial abuse is happening. 

Using threats to scare a resident into transferring assets.

When someone is getting older and perhaps sick as well, they may be at the mercy of those who are targeting to abuse them. Staff may threaten a resident into transferring assets to them, or use funds to make lavish and personal purchases. 

Nursing home abuse is a serious issue that must be responded to immediately in order to protect the resident from further harm. Contact a nursing home abuse lawyer from David & Philot, P.L. now for prompt legal intervention and support. 

January 25, 2022

What Options Should you Consider when Facing a Divorce

Facing a Divorce

No one enters into a marriage thinking that it will end in divorce, but unfortunately, it happens all too often. If you find yourself facing a divorce, it’s important to know what your options are and how to best protect yourself and your future. Here are some things you should consider when making your decision.

Talk to a lawyer to learn about your legal options

When you are getting a divorce, it is important to know your legal options. This is where talking to a lawyer can help. Divorce lawyers can help you understand the law in your state and how it applies to your divorce case. They can also give you advice on what steps to take next. If you are considering getting a divorce, make sure to talk to a divorce lawyer first.

Consulting with the Law Office of Daniel Wright can help you understand the different legal avenues open to you and what each option entails. A lawyer can also provide guidance on how to proceed and give you an idea of how much a particular legal action may cost. If you have questions, it’s important to address them with your divorce lawyer so that you can make informed decisions about your case.

Seek out counseling or therapy to help you deal with the emotional stress of divorce

Divorce is one of the most difficult things that a person can go through. It is often accompanied by a range of intense emotions, such as sadness, anger, frustration, and anxiety. If you are feeling overwhelmed by these emotions, it is important to seek out help from a counselor or therapist. Therapy can provide you with the support and guidance you need to get through this tough time. Most divorce lawyers have resources available to assist you.

Consider mediation as an alternative to traditional court proceedings

When it comes to resolving a dispute, many people think of going to court as the only option. But there are other alternatives, including mediation. In mediation, both parties come together with a mediator to try to reach a settlement. This can be a better option for some people than going to court because it is often less expensive and may take less time. Mediation can also be more private than traditional court proceedings. 

Keep in mind that divorce doesn’t have to be a battle – try to work together towards a compromise

If you or your spouse have decided that divorce is the best solution for your relationship, it’s important to remember that fighting each other won’t help anything. In fact, it can often make the process much more difficult than it needs to be. Try to work together to come up with a plan that works for both of you or allow one of the divorce lawyers as the Law Office of Daniel Wright to develop the plan for you.

Don’t make any major decisions until you’ve had some time to calm down and think things through

When you go through a divorce, there are a lot of things happening all at once. You’re dealing with the stress of the actual separation, and then you have to start figuring out how to move on with your life. Getting some space from the situation can help you figure out what’s really best for you. So don’t make any decisions until you’ve had some time to cool off.