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.

January 23, 2022

The Potential Factors of Any Truck Accident

Truck accidents in particular tend to be more scary compared to other types of collision, since a truck outweighs a standard passenger vehicle by thousands and thousands of pounds. For instance, a commercial truck can weigh upwards of 50,000 to 80,000 pounds when fully stocked. In contrast, Your average car is only a few thousand pounds in total weight. Aside from the weight factor, there are many other influences that could lead to a truck collision. 

Truck Driver Fatigue

Truck driving is a high-stress job that comes along with substantial pressure. A trucker who caused a collision may have been tired due to having too few hours of quality sleep. Driving hundreds of miles within a short period of time without sufficient rest can cause someone to lose coordination, concentration, and reasoning. Furthermore, someone who is tired is likely to have a slower reaction time, so the driver may have seen a crash approaching but was unable to respond quickly enough. 

Alcohol and Drugs

Studies show that many truck drivers have admitted to taking marijuana, cocaine, or amphetamines while driving. Drugs like these help truckers stay awake in an unnatural way, and they may be compelled to be more risky and make unsafe maneuvers on the road. As soon as stimulants start to wear off, the drivers are more likely to become fatigued and can potentially fall asleep behind the wheel.

Poor Truck Maintenance

There are requirements and regulations that truck drivers and trucking companies must abide by. Yet still, some drivers manage to get their truck on the road without meeting such requirements. And sadly, many trucking companies are too worried about getting to the destination on time and may not give the truck the maintenance attention that it requires, eventually causing a mechanical issue and crash. 

As an experienced truck accident lawyer, like one from Brandy Austin Law Firm, PLLC, can attest, truck accidents are very serious incidents where personal injury and property damage tends to be extensive and devastating. 

January 21, 2022

What Does It Mean If My Car Accident Was Caused by a Medication Condition

What Does It Mean If My Car Accident Was Caused by a Medication Condition

 

Occasionally, people who are licensed drivers are involved in accidents caused by circumstances beyond their control. Another driver might make a mistake, a vehicle might malfunction, or changing weather conditions might make an accident unavoidable. Sometimes, drivers experience medical emergencies that render them unable to safely operate a motor vehicle. You may wonder about your liability if you inadvertently cause a crash because of unexpected physical impairment. As a car accident lawyer from a firm like Tuttle Law, P.A. can explain, before discussing liability, it is important to remember what to do if you are involved in an accident.

What Should You Do if There Is an Accident?

It is ideal to keep a list of proper procedures to follow in the event of an accident. This list assumes that you are physically able to complete the steps involved:

 

  • Remain at the scene. If heavy traffic is present, you will want to get out of the drive lane, but do not travel farther than necessary for safety.
  • Contact first responders by calling 911. Relate necessary details of the accident. If you are not sure of injuries, err on the said of saying there might be injuries.
  • Check with others involved to see if there are injuries.
  • Secure contact information from other parties and from witnesses.
  • Write down or make a recording of pertinent information.
  • Make certain to inform your insurance company.

What If You Experienced a Medical Problem That Resulted in an Accident?

The answer to this question is not as clear-cut as you might assume. On the one hand, if you are driving and through no fault of your own you lose the physical ability to control your vehicle, then you cannot be considered “negligent.” This means you and your insurance company would not be liable for damages caused by the crash. On the other hand, if you had forewarning of the medical problem and did nothing to prevent a possible accident, you might be found negligent and therefore responsible.

What Insight and Assistance Can an Attorney Offer?

An experienced car accident lawyer will listen to your recounting of an incident and read the police report. This will give the attorney a good idea of the degree of responsibility you may bear in an accident resulting from a medical condition. An attorney should be familiar with the laws and typical judicial rulings in the area where the accident occurred, as ordinances and judgments vary greatly. Consulting an experienced lawyer will give you insight into your liabilities and defenses.

January 11, 2022

Things to Consider When Contemplating a Divorce 

Family Lawyer

Because relationships are complex, divorce isn’t often a decision that is easily made. Spouses can have shared bank accounts, retirement plans, homes, and other assets. There is also the complication of having children. Untangling your lives can be complicated and it might feel impossible, which is where a lawyer can help.A  family lawyer from a firm like Law Group of Iowa can provide an objective perspective on divorce. A lawyer will provide their unbiased opinion on what your legal options are so that you can make informed decisions on the best path forward. 

Do you have a prenuptial agreement? 

Some couples create an agreement before or after their marriage in the event that they decide to get a divorce later on. This is called a prenuptial or postnuptial agreement. If you and your spouse have an agreement in place, it can make a divorce much easier to execute. However, if your situation has changed since signing the prenuptial agreement, there might be additional elements of the divorce to work out. For instance, if the agreement didn’t take into account having children, then you will still need to determine the circumstances around custody. In addition, if you think that your spouse has hidden certain assets or is otherwise hiding pertinent information, then a lawyer can help determine if this is true. 

How complicated is your shared estate?

The more you own together the more complicated it is to separate and divide what you own. Couples will need to determine what to do with their savings, retirement accounts, investments, real estate, house, cars, and other assets. There is also the question of what to do with any debts. Who will be responsible for continuing payments or if you filed for bankruptcy, who will be responsible for fulfilling your obligations. 

Do you have children? 

If you and your spouse have children, you will have to decide how the children will divide their time between two households. If this wasn’t hard enough, you will need to determine whether you or your spouse needs to pay child support. For instance, if it is determined that one parent will have majority custody, the other parent might need to make payments to support their children. You will also need to agree on what the money can be sent on. Child support can pay for the mortgage of the main residence, food, clothing, school, medical expenses and other expenses.

January 9, 2022

Why You Need to Hire a Personal Injury Lawyer 

Accidents that cause physical damage, can impact an individual in many ways. Some examples include slipping and falling onto hard floors, slipping on ice, and even getting into severe car crashes that can cause back pain, whiplash, permanent damage, and more  For example; I there are people who have gotten into such a severe car crashes, that they are still having back pain years later, even when their back has been assessed time and time again. Moreover, accidents can also cause severe trauma, such as fear of driving, or engaging in an activity that puts someone at risk of suffering the same injury.  As such, when someone experiences such injuries, it is important for one to hire a personal injury lawyer

Some of the Responsibilities of a Personal Injury Lawyer 

What an attorney can do is help to assess the situation, pertaining to how the injury happened, why it happened, as well as the mental and/or physical severity that was suffered, due to the accident.  From there, the best course of action can be taken, in relation to the compensation that one will get. Moreover, a lawyer can assist in helping people take action, as they can further assess the situation, from an in depth perspective as well.

A personal injury lawyer will try to ensure that one not only gets compensation for physical and/or mental damage, but they also want to ensure that medical malpractice is fought against. This is for those who may need medical treatment and assistance, for operations that are needed, due to the severity of a personal injury, that some suffered.. 

Moreover, a personal injury lawyer also accounts for injuries and accidents that took place on someone else’s property. An example of this, would be suffering from the inhalation of toxic chemicals, or suffering injury, from a dog bite. In other words, while the company does focus on personal injuries, there is a branching out of other aspects as well. If you are interested in learning more about a personal injury law firm, like Yearin Law Office, please set up a consultation to learn more. 

January 4, 2022

Personal Injury Cases That Involve Children

Personal Injury Lawyer

Personal injury cases arising from accidents in an event that involve adults most often, what happens if a child is injured or has caused someone injury? This is a great question to ask her personal injury lawyers such as ones available to you from Saavedra Law Firm

Injuries to Children

Accidents happen in any pair is going to tell you that, however, certain injuries to a child may result in a personal injury claim when someone else’s child is careless or somebody else’s careless in this place apart in an injury the child receives. This could look like a school being liable for injuries to children if the child is injured during the school day in a school teacher’s care.

The procedure to receive compensation for a minor, which in most states means the child is under the age of 18, varies from state to state so you should talk to your personal injury lawyer in your state to ensure that you understand the procedure you are going to go through. In general, a child has the exact same right to compensate for the same spectrum of damages that a personal injury claimant filed by an adult may have. 

This means that if your child is injured, they may be eligible to receive payment for pain and suffering, permanent injury or disability, emotional distress and more. Furthermore, a parent has the right to be compensated for the medical bills that were paid on behalf of the child if somebody was legally negligent and led to the child’s injury, which required medical care.

A child does not negotiate a settlement for a personal injury claim, their parent is permitted to negotiate on behalf of the child, or the parent may hire a personal injury lawyer to do so. In a few states, the parent has to get the approval of the judge for the child’s claim can be settled, and this process is usually short and straightforward and involves nothing more than filling out a simple form and filing at the court. However, when you are settling with an insurance company on behalf of the child, the insurance company might put up with it, or they might cause problems. If they cause problems or personal injury lawyers going to be the best person is not true because your personal injury lawyer has experience in going with the insurance company.

Accidents Caused by Children

What happens when a child causes an accident that they are legally liable for? Legal liability for accidents that are caused by minors is based on the same notion of carelessness as an adult may receive after they have caused an accident; however, the same standard of care cannot be expected of a minor. Particularly, young children do not understand the risks of their actions and how it can affect other people in the same way that adults can. So when it comes to a child causing an accident being negligent, the law is going to apply different standards to different age groups to decide if the child is liable for causing injury to another person.

Your personal injury lawyer can tell you more. However, generally children under seven years old are not held liable for accidental injuries that they cause, because they are deemed to be too young to understand. However, the parents or legal guardians may be held liable because they were unable to control their seven-year-old or below child. However, once a child is old enough to know right from wrong, they can be held responsible for intentional injuries that they cause, so if your child intentionally injures somebody else’s child, they can be held liable as well as their parents.

Older children are also held liable for negligence, especially if they did not behave as measured by what children of the same age group would’ve understood, and once children have become teenagers, they are held to pretty much the same standard as adults.

December 9, 2021

Using Cellphone while Driving is a Bad Practice

Nowadays, using cell phones while driving is one of the most common bad practices. Distractors while driving and inside cars are diverse, but the most common and risky is using cell phones. The World Health Organization (WHO) points out that using cell phones while driving increases the risk of causing an accident or being involved in one by four times. The distraction produced by the use of cell phones reduces drivers’ ability to react in case of unexpected events.

Why do drivers use cell phones while driving?

In modern days, most adult drivers use their cell phones while driving either as a distraction or for road guidance. Regardless of the purpose, cell phones create a distraction resulting in drivers taking their eyes off the road for a few seconds. Some of the most common uses of cell phones by drivers are: 

  • Phone Calls. Telephone calls are more frequent in cars than in conventional places like home or office. Although calls are generally hands-free, which is legally allowed under restrictions in the United States, the drivers are distracted while talking on the phone and especially when placing a call.
  • Text Messages. Receiving, reading, and sending text messages; is one of the riskiest distractions when driving. Not only because drivers’ minds stray away from the road but also their sight, which leads to so-called blind driving.
  • GPS Use. Most drivers use their cell phones to access GPS applications for directions, traffic jams, information about closed roads, or alternative routes. When drivers decide to change their GPS set up in the middle of their trip, they rarely stop at a safe are to change their GPS directions. 
  • Selfies, photos, and videos. Drivers often take pictures or videos of everything that calls their attention. Then share them immediately, which is a critical distractor when driving and one of the most irresponsible practices.
  • Listening to music, podcasts, or audiobooks. Listening to one-way communication media is a mild distraction since drivers do not have major interaction with their cell phones.

Cell phone use and reduced senses while driving

The University of Iowa conducted a study that demonstrates that users’ vision narrows whenever they are making a call, this is also true when they do so while driving. The brain blocks side and rear vision, while only focusing on a tunnel of vision, which alarmingly reduces drivers’ awareness and reaction time when encountering a situation that could lead to an accident. In turn, the Institute of Advanced Motorists points out that responding to messages on social networks reduces drivers’ reaction capacity by almost 38%. To control the use of devices, the government implemented new laws that prohibit or limit the use of mobile devices that might require to be hand-held or touched while driving a motor vehicle.

Cell phone fines in the State of California

California banned cell phone use while driving; the initiative of this law and its continuous modifications is due to the increase of automobile accidents for this reason.

  • The law prohibits the use of hand-held cell phones by all drivers. 
  • The law allows the use of cell phones by adults in hands-free mode.
  • The law prohibits the use of cell phones in hands-free mode to those under 18 years of age.
  • In all cases and at all ages, it prohibits the use of instant messaging while driving.

Fine amounts vary depending on the incident and its severity. These can range from $20 to more than $ 250. However, in some cases, drivers could get arrested for negligent use of cell phones while driving based on the mobile phone law enforcement.

If you or a family member has been involved in an accident due to the use of cell phones while driving, either by you or the other driver, it is necessary to contact a car accident attorney. A car accident lawyer from our friends of  Unidos Legales will provide guidance and advice on how to handle your case. Remember that using your cell phone while driving is a negligent act, protect yourself and your loved ones.

 

November 30, 2021

Questions for Your Wrongful Death Case

Filing a Wrongful Death Lawsuit: 4 Questions for Your Attorney

When a loved one dies due to some else’s negligence, it can shatter your world. Along with the sorrow you feel, you might be overwhelmed with medical and funerary costs, which could total thousands of dollars. While your loved one might be gone, filing a wrongful death lawsuit may help you recover financially, and there are a few questions you can ask your lawyer to help you feel more confident as the process moves ahead. 

1. Am I Eligible to Sue?

Most states allow close relatives of the deceased to sue on his or her behalf. The representative of the estate may bring a lawsuit, so if you are that appointed person, you can probably proceed with the lawsuit. If you are not, you may be able to petition the court to bring the suit if you are the deceased’s spouse, the parent, or adult child. Otherwise, the court may appoint a beneficiary of the estate as the plaintiff. 

2. What Is the Case Worth?

It may be difficult to place a dollar amount on the worth of your loved one’s life, which you no doubt considered priceless, but this is necessary as part of the lawsuit process. Your attorney can help place this value by considering several different types of financial loss you suffered, both present and future, such as: 

 

  • Loss of wages/financial support 
  • Loss of companionship 
  • Funeral/burial expenses 

 

Most states allow for these circumstances, and your attorney will likely notify you of which he or she can include in the lawsuit. 

3. Is There a Time Limit to File a Claim?

Many states allow two years from the time of death to file a wrongful death lawsuit and recover any financial award. There are a few exceptions to this rule, however, such as if your loved one died as the result of a homicide, as most states allow additional time for investigation and apprehension of those responsible. If the death occurred due to medical malpractice, the court may allow more time for an in-depth investigation to ensure the lawsuit is viable. 

4. How Long Does the Process Take?

Because of the overall nature of a wrongful death case, it can take anywhere from one to five years to settle the matter. This depends on a variety of factors, from the complexity of the circumstances of your loved one’s death to spending time in court. 

Losing someone you love due to someone else’s negligence can change your life forever, but you do not have to face the future alone. Contact a wrongful death lawyer, like one from Saavedra Law Firm, PLC, today for further assistance and information. 

November 27, 2021

Different Types of Wrongful Deaths

When we lose a loved one, the pain and suffering are devastating. It takes time to process the fact that a person will no longer be in our lives. The emotional detachment is slow and is part of the mourning and acceptance process. In addition to processing the death of a loved one, knowing that their death was due to negligence that could have been avoided is more devastating. Feelings of helplessness, sadness, anger, emotional exhaustion, and depression often emerge from these situations.

If you lost a loved one due to someone else’s negligence, it is recommended to contact a wrongful death lawyer as soon as possible to get the legal guidance your family needs. With professional handling of the legal process, you can focus on your emotional recovery.

Wrongful deaths occur under different circumstances:

Wrongful death as a result of medical malpractice. Medical errors are one of the most common causes of wrongful deaths in the United States. The death of a patient due to medical negligence includes misdiagnosis, lack of timely medical care, erroneous operations, inadequate treatment, lack of recommended care for the patient, among others.

Wrongful death as a result of motor vehicle driver’s negligence. Drivers who produce accidents due to negligent behavior such as: driving under the influence of alcohol or drugs, driving tired or drowsy, using electronic devices and mobile phones while driving, not respecting traffic signs, carelessly passing or obstructing lanes, and speeding are some of the most common negligent behaviors involving wrongful death.

Wrongful death as a result of unfavorable working conditions. These types of wrongful deaths are the result of bad practices by companies or direct bosses. The death of workers can be the result of carrying out risky activities without the appropriate personal protective equipment, lack of training on accident prevention measures, facilities in poor condition, lack of emergency exits, lack of fire extinguishers, or other means of occupational safety and hygiene hazards. Companies should believe that employees’ safety is what matters the most in the workplace.

Wrongful deaths as a result of unfavorable road conditions. These types of wrongful deaths occur due to a lack of preventive and corrective maintenance on public or private roads. A road in bad conditions can cause fatal falls and slips, the impact of objects, visual obstruction that causes run-over, or fatal blows.

Wrongful deaths as a result of third-party negligence. These types of wrongful deaths are caused by a third party such as a business or an individual, whose knowingly or unknowingly negligence caused the death of a person or an employee.

 

Different circumstances can lead us to believe that the death of our loved ones was the result of negligence. However, these cases are complicated and require the help of a professional lawyer.

If you need legal advice or have questions about how to file a lawsuit for wrongful death, do not hesitate to contact an experienced wrongful death lawyer from our friends at Unidos Legales. Call today to schedule a case evaluation.