July 28, 2022
Damages in a Bicycle Accident Claim
Cyclists and drivers must share the road, but unfortunately, accidents can happen because there are many drivers who do not exercise enough caution around cyclists. If you have suffered serious injuries as a result of a bicycle accident, there is legal help available so that you can recover the compensation that you deserve. If you have been injured in a personal injury accident, you may be able to receive compensation for the losses that you have suffered.
Medical Bills
The medical expenses can quickly add up if you have suffered injuries in a bicycle accident, and you may struggle to pay for them. Bicycle accident victims usually sustain bruises and scrapes, as well as more severe injuries like head injuries and spinal injuries. The costs can be steep even if you only have minor injuries. A lawyer can help you list the full damages that you can claim in your case so that you can pay for your medical treatment and the associated expenses for your recovery.
Emotional Anguish
Even after you are fully physically recovered, the trauma of an accident can deeply affect your mental health. Many bicycle accident victims suffer from depression, post-traumatic stress disorder, and other psychological issues. They may have trouble riding a bicycle again for some time after their accident. If you are experiencing issues like constant anxiety and an increased amount of stress, you can list emotional anguish in your list of damages.
Lost Income
A personal injury accident can cause you to experience a severe loss of income. Many people who are bicycle accident victims are unable to go back to work right away while they are recovering from their injuries. As a bicycle accident lawyer like one from Tuttle Larsen, P.A. can tell you, they will aggressively fight for you so that you can recoup your income-related losses.
Damaged Property
When a cyclist is struck by a driver, the cyclist is much more likely to have their property significantly damaged because of the lack of protective barriers. Bicycle accidents usually result in a destroyed bicycle, as well as damaged clothes, safety equipment, electronic devices, and other valuable property that you have.
Pain and Suffering
Pain and suffering refer to the physical as well as mental harm that you have experienced as a direct result of the accident. With the help of a lawyer, they can assist you in getting the medical records and other documentation you need to prove that you are going through pain and suffering.
If you need assistance filing a claim, consult with a reputable bicycle accident lawyer in your area now.
July 3, 2022
Nursing Home Abuse Awareness
Early detection of the signs of nursing home abuse empowers victims and their families to take action before things worsen. Also if abuse is suspected to be committed against one victim, it is likely to expose a more widespread pattern of abuse towards other nursing home residents. As a lawyer from a leading law firm Bethesda MD, Brown Keily, LLP can explain, those who have family in nursing homes or assisted living will benefit from familiarizing themselves with the signs of abuse, so that action can be taken more quickly if abuse is ever suspected.
The various signs of abuse range widely in severity and may not always be immediately apparent. Such signs can range from occasional neglect of basic needs, to severe physical abuse.
Initially noticed signs tend to be physical, but there are also psychological cues that can indicate that your loved one may be a victim of abuse.
Physical signs of abuse:
- Physical abuse warning signs
- Bedsores or pressure ulcers
- Broken and fractured bones
- Bruises, burns, and welts on the skin
- Cuts, lacerations, and skin tears
- Dehydration and malnutrition
- Fatigue, insomnia, or other sleep disorders
- Head and dental injuries
- Illness or infection
- Lack of personal hygiene
- Unexplained weight loss
- Other nursing home injuries
Types of Abuse in Nursing Homes and Assisted Living
The term “nursing home abuse” is a general term used to describe a wide range of abusive practices, not only limited to physical actions that resulted in physical injury. It also includes sexual battery, emotional harm, and psychological abuse. Having a reasonable level of awareness of the signs is essential to taking action when abuse is suspected, and may prevent further abuse to other residents.
Physical Abuse
When nursing home staff members are aware that abusive behaviors are being demonstrated, they are also committing abuse. Physical abuse includes, pushing, kicking, hitting, and anything that causes physical pain or injury to the resident. By members of staff enabling continuation of such physically abusive behaviors, they too are committing abuse.
Emotional Abuse
This includes any kind of action that negatively impacts or otherwise degrades the psychological state of a nursing home resident. Yelling, verbally degrading, taunting, or insulting a resident in a way that is intended to be hurtful are all common examples of emotional abuse that can make a patient’s experience a living nightmare. Emotional abuse is known to contribute to long term anxiety and depression, especially among already physically vulnerable nursing home residents.
Neglect
By leaving a nursing home resident unattended for periods of time that are longer than what is necessary or safe for them, neglect is being committed. Neglect can also lead to physical harm, such as malnutrition, bedsores, and increases the risk of being left for an extended period of time after being injured in a fall.
Sexual Abuse
Nursing home residents are also vulnerable to potential sexual abuse. Any form of touching or sexual advances can constitute sexual abuse. Residents who are immobile or incapacitated are particularly vulnerable to sexual abuse while under care of nursing home staff.
June 24, 2022
What to Do at a Car Accident Scene
If you ever find yourself involved in a car accident, it is critical to know the proper steps to take. This is especially important if the accident was the other driver’s fault. You want to make sure you have all the evidence and documentation you need to prove the other driver’s liability. A car accident lawyer can help.
The Scene of the Accident
No matter who is at fault, you never want to drive off and leave the scene of the crash. Doing so is against the law and you can find yourself facing criminal charges, even if the accident was not your fault.
If you are physically able, you want to check on the condition of any passengers in your vehicle and the driver, and any occupants in the other vehicle. Call 911 to report the crash and also report any injuries. Do not move any injured victims unless there is an immediate danger, such as smoke coming from a vehicle.
When the police arrive, you will want to share with them all the details of what led up to the crash. The officer will be filing a police report that will likely have details and the cause of the accident and your lawyer can use this as evidence in your case.
At the scene, you will also want to make sure you get the other driver’s name, contact information, driver’s license number, registration, and auto insurance information. If there are any witnesses, you also want to make sure to get their contact information, too.
Evidence Gathering
If your injuries do not prohibit you, take photographs at the scene of the accident, including the damage to both vehicles and any surrounding property. If there are skid marks, make sure to photograph those, as well. Take photos of any other factors, such as road construction, traffic signs, or anything you think may be relevant to your case. If you are too injured, see if a bystander may be able to use your phone to take the photos.
Medical Attention
Even if you think you have not been injured or think the injury is only minor, go directly to a doctor to get checked out. There are many types of injuries that have delayed symptoms and can actually be dangerous if not caught in time, like a concussion or internal bleeding. Not could you be putting your health at risk by waiting to get checked out, but the other driver’s insurance company can use that delay to accuse you of not really being injured in the crash.
Contact a Car Accident Law Firm Today
Once you have been checked out by a doctor, your next step should be calling a car accident lawyer. Do not speak with the other driver’s insurance company until you do. You may be entitled to compensation for all the losses your injuries have caused, including medical expenses, lost wages, pain and suffering, and more. To ensure that compensation, you need a skilled attorney, like a Port St. Lucie, FL car accident lawyer from a law firm like Tuttle Larsen, P.A.
April 14, 2022
What to Do Following a Car Crash
Following a car crash you’re most likely to be shaken-up even if there are no apparent damages present. Unfortunately, a car crash can happen to anybody and it can be difficult to know exactly what to do following an incident. By following some essential tips, however, you can better prepare yourself in case a car crash does happen.
Seek Medical Attention Immediately
Following a car crash your first step should always be to seek medical attention both for yourself, your passengers, and the other party. Even if it’s just a small fender-bender and you don’t even seem to have any injuries, it’s possible that you still have injuries under the surface that can become an issue later on. To prevent this call 911 immediately and have them dispatch both a police car as well as EMTs. When they arrive you will want the EMTs to examine everyone regardless of the severity of their injuries.
Gather the Necessary Evidence
There are several pieces of evidence that you can use to build your case as you file your claim/lawsuit. For starters, you will want to take pictures of the incident. Often people make the mistake of only photographing the damages sustained to their own vehicle, but you will want to also photograph damages sustained to the other party’s vehicle as well as any possible damages to the surrounding areas. You can also photograph any physical injuries as well. Make sure to take pictures of the damages from multiple angles.
Next, you will want to obtain the other driver’s insurance information, their license number, and license plate number as well as a number you can contact them at. This information you will use to file your police report which you will want to copy.
Other information you might obtain include eyewitness testimonies. This may include your own written account of the event as well as your passengers and anyone else who saw the incident. Lastly, if you do have injuries that require you to visit a doctor, make a copy of your medical records as well.
What to Do Next?
After you have all your information in order you have a couple of options. The first option is to file a claim and request that the other driver’s insurance company pays for the damages. The other option is to file a lawsuit. The first option is often recommended when you’ve only been in a minor fender-bender and when the other party is cooperative.
If you or a loved one get into a major accident, causing substantial property damages as well as physical injuries then a lawsuit might be a better option. Unfortunately, insurance companies will sometimes try to undermine the severity of an incident by offering inadequate pay. Following a car crash, there’s a good chance that you’ll require substantial compensation and may even have expenses for years to come. That’s why it’s recommended to contact our friends at the Law Office of Daniel E. Stuart, P.A. They have experienced a car accident attorney that can help you receive the proper compensation following a car accident.
April 12, 2022
Suffering As The Result Of The Negligence Of Another Person?
There is a reason why the justice system exists. Part of the justice system’s job is to enforce laws to protect people. However, when laws are broken and someone suffers harm as a result, they have the right to seek compensation for the damages that they have suffered. If you have been harmed as the result of the negligence of another person, you may be able to seek damages to cover your losses. A “loss” can be anything from paying for damaged property to lost income from lost work. Personal injury cases can be complex and confusing.
Do I Have a Case?
You may have been harmed by someone else because of their negligence, but whether you have a case that can win in court is another question. In order to be successful, you will need to prove that their actions were negligent and that this resulted in your injury. Proving negligence can be tricky. Hiring a lawyer can ensure that you have the evidence you need to demonstrate the other party was responsible for your damages. They will collect evidence such as police reports, medical information, witness interviews, insurance reports, criminal records, photos or video, and other information to support your case. Based on what evidence exists, you may have a strong case you can bring to court. A lawyer is knowledgeable of Arizona tort law and if you have a case, they will develop a case plan based on the existing evidence.
What Kind of Cases Does a Personal Injury Lawyer Take?
If you have been injured as a result of someone else’s negligence, then it is considered a personal injury case. Personal injury cases vary widely as a result. Some of the common types of personal injury cases are:
- Vehicular Accidents: People are on the road every day driving cars, vans, trucks, motorcycles, and recreational vehicles. With so many people on the road, it is no surprise that accidents happen. If the driver of the other vehicle was intoxicated, driving distracted (texting, etc.), driving recklessly, or acting erratically and this led to the accident, they can be liable for damages.
- Medical Malpractice: Doctors, nurses, and other medical practitioners make mistakes. If that mistake resulted in harm because of negligence, then they may need to cover your damages.
- Slips, Trips, and Falls: If a property is open to the public or is a workspace, the owners have a duty to ensure that it is safe. If the owner was aware of unsafe conditions and didn’t take action to rectify them, then they are responsible for the injuries of the victim.
February 3, 2022
When Premises Liability Leads To Fatality
Wrongful death lawyer
If you own or manage your property, you are responsible for keeping the premises safe so that guests or anybody else that has permission to be on the property are not at risk of being injured or worse. When this duty of care is ignored, it is too late and premises liability fatalities have been when somebody dies because the property owner and/or manager neglected their responsibility to safety. If somebody you love has died because of premises liability errors, you most likely have a wrongful death case and should reach out to a wrongful death lawyer. Some examples of premises liability that led to wrongful death cases are listed below. This is not an exhaustive list is an example of real-world instances where premises liability causes someone to die.
A fire at the Alpine Motel Apartments killed six people and injured dozens more, and tenants of the building were persistent, claiming that there were no working smoke alarms, fire alarms, or even extinguishers in the property. There are also claims that the exit door was locked shut, and with no heating in the complex, the residents of this apartment were using their stoves to keep warm, and this may have caused the fire. However, in this case, the tenants of this apartment are not the ones liable for the death of those who died. Because there was no heating provided by the landlord, and they had two choices: to freeze or use their stove to heat their house, they really had no choice. Furthermore, the landlord or building manager allowed for the exit to be padlocked shut and did not provide smoke alarms, extinguishers, or fire alarms throughout the complex. This puts the survivors of this fire in a unique position where they can claim premises liability fatality, and bring forth a wrongful death claim for their loved ones who died in this fire on the building manager and landlord for not taking their duty of care seriously.
Black Friday shopping deaths, yes Black Friday shopping deaths occurred, fall under premises liability fatality leading to wrongful death cases. When people are dying due to stampedes, violent shoppers, and other deadly incidents in stores just after Thanksgiving, it’s usually because the retailers where these fatalities are happening did not hire enough security and staff to help keep crowds under control. Because you are hosting a large event where things are on sale, you should also up your staff for that day and ensure that you are well overstaffed to help control the very excited crowds of people coming to your store.
If you believe that you have a wrongful death case after reading about premises liability and how it leads to fatality and how that falls in the wrongful death, you should reach out to a wrongful death lawyer.
Premises liability fatalities can also be the result of slip and fall accidents, animal attacks, fires, negligent security, malfunctioning elevators, swimming pool drownings, exposure to toxic substances, and injuries to children at daycare.
January 28, 2022
Is Chiropractic Care Safe?
Is Chiropractic Care Safe?
If you have suffered pain in the neck or back area as a result of a rear-end car accident or a slip and fall injury, you may consider visiting a chiropractor. As you may contact a lawyer for legal relief, a chiropractor will also help with pain relief. This type of healthcare professional is trained in a non-invasive, drug-free practice to treat conditions impacting the musculoskeletal and nervous systems. These practitioners manipulate the joints to bring them back into alignment.
A common question one may ask before deciding to see a chiropractor is: Is it safe? Here is more information on the training that chiropractors undergo, results of chiropractic care and rare complications that may arise during treatment.
Training
Before acquiring their license, chiropractors typically graduate from a four-year undergraduate program with a pre-med background. Then they complete a chiropractic graduate program, which on average, lasts an additional four years. A chiropractor like one from AmeriWell Clinics completes a variety of courses in their program. Course credits typically consist of a total of 4,200 instructional hours, according to Medical News Today. After completing their education, students studying to be a chiropractor sit for their state licensing board and may also receive additional training in various specialties. This includes, but is not limited to, acupuncture, nutrition, and rehabilitation.
On average, chiropractors-in-training sit through the same number of classroom hours as aspiring medical doctors, according to the American Chiropractic Association.
Results
Before deciding for yourself if seeing a chiropractor is safe, it may be helpful to understand the level of patient satisfaction that is reported.
The American Chiropractic Association states that more than 35 million Americans are treated by a chiropractor annually. The Association also reports that:
- Of these patients, more than three-quarters claim the care was effective.
- A clinical trial found that taking a strictly medical route for treating lower back pain was less effective in reducing pain than combining medical care with chiropractic care.
- All other back pain treatments underperformed chiropractic care, including medication therapies, pilates, yoga, and deep-tissue massage.
Risks
While millions of Americans seek chiropractic treatment from practitioners who train for thousands of hours before getting their license, it is not without risk. Sides effects reported after receiving chiropractic treatment include headaches, discomfort in treated areas, and fatigue. Nerve damage in the lower spine, as well as worsening pain, are examples of severe complications that can arise, albeit rarely, according to the National Center for Complementary and Integrative Health.
If you are interested in seeking a generally safe, alternative form of pain relief for not only your back but also your neck, shoulders, feet, and elbows, consider setting up an appointment with a local chiropractor today.
January 21, 2022
Why You Need to Hire an Auto Accident Lawyer
Auto accidents can impact an individual in many ways. Some examples include broken bones, nerve damage, as well as injuries that can last a lifetime. Moreover, auto accidents can also be fatal or near fatal, depending on the severity of the impact. People can suffer whiplash, concussions, broken bones, and more. Moreover, auto accidents can also cause trauma pertaining to fear of riding, as well as flashbacks and nightmares, from the accident. As such, when someone experiences physical or mental suffering from an auto accident, it is important for one to hire a motorcycle accident lawyer.
How a Lawyer Will Help
What an attorney can do, is help to assess the situation, pertaining to how the auto accident 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, and they assess accidents, from an in-depth perspective.
There is a focus on ensuring that one not only gets compensation for physical and/or mental damage that was caused in the accident. However, the office also wants to ensure that medical malpractice is fought against, for those who may need medical treatment and assistance, for operations that are needed, due to the accident that was suffered.
A lawyer also accounts for injuries and accidents that took place on someone else’s property, such as suffering from the inhalation of chemicals, dog bites, or poor nursing home treatment. In other words, while the company does focus on motorcycle accident attorneys, there is a branching out of other aspects as well. If you are interested in learning more about a firm like Yearin Law Office, please set up a consultation today.
January 21, 2022
What are damages?
Personal Injury Lawyer
Damages are the amount of money owed to a harmed party in a civil suit. A person may become legally liable for damages due to a breach of duty or a violation of a right. There are two main types of damages.
A personal injury lawyer such as Daniel E. Stuart at Daniel E. Stuart P.A. can help you understand more details regarding damages and how they relate to negligence law.
Compensatory Damages
Compensatory damages are intended to compensate the injured party. The goal of compensatory damages is to put injured parties in the same position they were in before the injury occurred. Compensatory damages include items such as lost wages, medical expenses and pain and suffering. To receive compensatory damages, the injured party must prove that the at-fault party breached a duty or violated a right, resulting in harm to the injured party.
For example, if a driver negligently injures a person due to their failure to maintain safe driving practices, that driver may be obligated to pay compensatory damages to the injured party. This category also includes damages paid due to breaches of contract, unsafe products, slip and fall accidents and other situations where the at-fault party was either negligent or breached a duty owed to the other party.
Punitive Damages
Punitive damages are intended to punish the person who caused an injury. Punitive damages are not directly related to the amount of harm caused to the injured party, but may sometimes be calculated based on the amount of compensatory damages awarded. Punitive damages exist to discourage behaviors. For example, a company that manufactured a defective product, knew the product was defective and failed to warn consumers, could be assessed punitive damages on top of compensatory damages as a punishment for that lack of action.
How Damages Are Calculated
Compensatory damages are awarded based on the proven loss, harm or injury suffered by the plaintiff. Some compensatory damages are straightforward. Medical bills, for example, are generally paid out based on the amount charged by the medical provider, though in some cases the at-fault party or their insurance company may negotiate a lower rate. Other damages, such as pain and suffering, may be based on a formula, such as double the amount of medical expenses. These damages are often negotiated between the parties. Punitive damages are determined by the court, though they are often based on specific guidelines and the laws of the state.
Bankruptcy and Discharging of Damages
If you are in the middle of a business lawsuit while going through bankruptcy or paying damages as a result of a personal injury lawsuit, there are specific times and ways when those judgments can be discharged. It is crucial to consult a legal professional to determine what your options are when thinking about discharging your debts and judgments.
December 27, 2021
Why Teens Can Benefit From Therapy
If you’re an adult now, then you probably remember what your teens were like, and maybe there were a few ways that you had struggled and wished you had gotten support for. Teenage years tend to be difficult as that person grows from a child into an adult. Teen stress is common, and therapy can help reduce symptoms associated with anxiety, depression, PTSD, trauma, addiction, and more.
From school issues to mood swings, all teens have problems. Sometimes, this distress can get to a point where seeking professional help is impactful. Therapy doesn’t have to be something you only look into when huge life events happen, it can lessen stress just by having someone to talk to about your thoughts and feelings.
Our friends at The Lotus Wellness Center have provided some reasons that teenagers may need counseling below.
Depression
Disorders related to mood can begin during the pre-teen and teenage years. If untreated, mental health conditions can last and worsen into adulthood. If your teen appears agitated, withdrawn, or sad, you may want to consider finding a counselor.
Anxiety
It’s normal for teens to be stressed, but some may experience panic attacks and excessive worry. Anxiety disorders can interrupt many aspects of a teen’s life, such as grades and friendships. If you notice your teen is constantly worrying that bad things will occur and has difficulty talking in front of a class, therapy can help him or her learn to manage these moments.
Low Self-Esteem
Most teens are going to reach a period where their self-esteem isn’t as confident as it used to be. However, some will go through more severe self-esteem problems. If these kinds of feelings go unaddressed, it can lead to poor grades, substance abuse, and relationship challenges in adulthood.