Nursing Home Neglect and Abuse in the US

The decision to place your loved one in a nursing home is never easy. For some families, it might be one of the most heartbreaking and tough decisions they make in their lifetime.

This decision becomes harder when the comfort and care people expect their loved ones to receive from a nursing home is lacking. No one enjoys thinking about their loved ones being unaccompanied and unhappy in a long-term care facility. However, the reality is that this happens a lot. Nursing home residents often encounter cold behaviors, improper medical treatment and physical abuse from staff and administrators who are paid to help them.

If your loved one has been injured, an attorney, like a skilled Philadelphia nursing home lawyer, may be able to help.

Symptoms of Nursing Home Neglect

The signs and indications of nursing home neglect vary from resident to resident, and facility to facility. In some cases, the family suspect the insufficient care. Sometimes, the neglect is readily apparent, such as residents who are left to sit in soiled undergarments for an extended period of time. However, in other cases, the neglect and abuse might not be easily observed.  It may be a “gut feeling” that you get in your stomach after visiting a family member who seemed shyer and more reserved than normal. Or a cold shoulder that you or a relative receive from the staff when you request assistance. Some of the most common warning signs of nursing home neglect includes:

Withdrawal from family and friends
Weight loss
Loss of appetite
Changes in demeanor
Pressure sores
Dirty conditions

Speak Up! Nursing Home Neglect Should Not Go Unreported

Emotional and physical abuse in nursing homes is unacceptable in the care of elderly. Exposing the abusive behavior at nursing homes is very important for the well-being of all the patients in the facility. Elderly residents often fail to report the mistreatment because they are not physically or mentally able. In other cases, they are reluctant to report neglect due to fear of retribution. This is a frequent factor in cases of elder neglect going unchecked and unreported. Regardless of having special lawful rights, nursing home patients are extremely susceptible to abuse and neglect by their care providers. It is important that loved ones speak up. It only takes a few minutes to call the ombudsman. Or in serious cases, report the neglect to the state’s Department of Health or a nursing home neglect lawyer.

Alarming Statistics of Nursing Home Abuse

The statistics of nursing home abuse are very disturbing while considering the fact that nursing home care violations often go unreported. Most of the victims are incapable to alter their families about the neglect or abuse they are suffering from. It has been reported that:

¨     1 in 10 nursing homes had deficiencies resulting in harm, injury and death.

¨     44% of the long-term care residents state that they have been abused

¨     95% of the residents state that they have been neglected

¨     50% of the staff admit to having mistreated a patient


Thanks to our friends and contributors from Wieand Law Firm for their insight into neglect cases.

 

If Your Personal Injury Claim Is Denied—What to Do

Every personal injury lawyer has seen many claims denied by insurance companies for a long list of reasons. Whether your claim was denied, or you are concerned that it might be, you should know that you may have legal recourse. Call our firm today to learn more during a free consultation with a personal injury lawyer from our legal team. We are also available to help you file the initial claim and can make sure the documentation is complete and has a high likelihood of success. In the event you need legal advice, do not hesitate to contact a lawyer, like a  personal injury lawyer Harrisonburg VA residents trust, to assist you.

Common Reasons for Why a Personal Injury Claim is Denied

As mentioned, there are many reasons for why a personal injury claim might be denied by the at-fault party’s insurance company. However, some are more common than others. Those include the following reasons for a claim denial:

  •         Their client was not responsible for your injury.
  •         Your injury was a pre-existing injury and did not occur during the accident.
  •         Your injury is not a valid injury, i.e., you are faking your injury or are exaggerating it.
  •         Your documentation of the injury and/or the accident is incomplete.
  •         You do not have supporting medical evidence or a diagnosis that confirms the validity of your injury and the likelihood you sustained it in the reported accident.
  •         The responding law enforcement officer’s police report does not support your version of events.

Re-submitting Your Personal Injury Claim

If your claim was initially denied, a personal injury lawyer can re-submit it to the insurance company on your behalf. In the preparation of it, the initial reason for its denial will be considered and addressed. Depending on what is necessary and appropriate, the resubmitted claim may differ from the original claim in any of the following ways:

  • Medical diagnosis by the insurance company’s approved physician after an examination of your injury. If you had not previously undergone a required medical exam, that can be cause for a claim denial.
  • Medical diagnosis by a physician of our choosing after an examination of your injury. This may conflict with the diagnosis by the insurance company’s physician. If their doctor does not support your claim, this second diagnosis can contradict them and provide the medical proof you need.
  • Documentation of the accident location by a forensic accident scene investigator who is part of our professional network. Your personal injury lawyer from our firm can include the investigator’s findings in addition to photographs and other evidence.

We Can Handle Your Personal Injury Claim from Start to Finish

Our legal team has a thorough understanding of what is required to get a personal injury claim approved. If your claim was denied, or if you would like us to handle your claim from start to finish, we can increase the likelihood that your claim will be approved as soon as possible. Call us today to request a free consultation with a personal injury lawyer who can help you get the maximum possible compensation and in a timely manner.

 

Thank you to MartinWren, P.C. for providing their insight and authoring this piece on personal injury.

How Much Is My Personal Injury Claim Worth?

When a person is injured in an accident that is caused by the negligence of someone else, the law says the at-fault person is responsible for the losses the victim has suffered, including both economic and noneconomic losses. Each accident case is different, each with its own set of circumstances and factors that could play a part in how much of an injury settlement or award the victim could receive should they decide to pursue a case against the party who caused the accident.

So what exactly are those factors and how much could your claim be worth? The best way to find that answer out is to consult with a personal injury attorney who will be able to make that determination. Some of the questions your attorney may ask include:

Is the injury claim a valid one?

In order for a personal injury claim to be a valid one, then there needs to be some measure of negligence or recklessness on the actions or behaviors of the alleged at-fault party to have engaged in. Some examples of negligent behavior include:

  •        A dog owner who let their dog run loose and the dog bit you
  •        A driver who was texting while driving and crashed into your vehicle
  •        A grocery store that failed to remove ice at the entrance of the building and you fell
  •        A doctor who was drunk while performing your surgery and nicked an organ

There are many other examples of negligent actions and your attorney will determine the act of negligence in your accident case.

What type of damages might I receive?

Because each accident victim is different, the losses they suffer will also be different. Each case has different losses and each loss is worth varying amounts. There are some damages that every accident victim is entitled to, such as medical expenses and loss of income.

The at-fault party is responsible for all the medical bills that are associated with treatment for the victim’s injuries, including all doctor visits, surgeries, medications, and medical equipment.

Victims who are unable to work because of the injuries are also entitled to receive those loss wages as part of their settlement. If they were forced to use vacation or personal time, then the value of those days can also be included in the settlement.

There are other types of losses victims can pursue, however, these losses do not have a definitive dollar amount attached to them and are subjective. These losses include:

  •        Pain and suffering
  •        Emotional distress
  •        Permanent disability
  •        Scarring
  •        Disfigurement
  •        Loss of companionship

Charlottesville VA injury lawyers can calculate what those losses are worth in your particular case. There are several different ways to come up with this total and is usually based on how much the quantifiable damages (medical expenses and loss of income) totaled, as well as the severity of the injuries.

In some accidents, the victim may also be awarded punitive damages. These damages are not meant to replace a loss the victim suffered but instead are meant to punish the at-fault party and send a message to society that this behavior will not be tolerated. A drunk driving accident is a good example of a case where punitive damages are often awarded to the victim.

Thanks to our friends and contributors from MartinWren, P.C., for their insight into personal injury.

 

Meeting a Truck Accident Attorney? Here’s What You Need

As an auto accident lawyer Denver CO residents can rely on can attest, when you’re in an accident involving a truck, you may experience significant losses, pain and suffering as a result. Trucks are far larger than other types of vehicles and can cause massive damage in a single incident.

A truck accident attorney can help you receive compensation for your losses and pain, but you will need to help them by providing the right documentation. The better prepared you are before your first meeting, the easier the process will be.

Driver and company information

Bring all the information you have on the truck involved and its driver. This includes the full name of the trucking company and the driver, the truck’s license plate, other identifying information about the truck, the driver’s insurance information and their commercial driver’s license status and number. If any other businesses are involved with the truck that hit you, bring whatever information you have about them as well.

Accident information

If you filed a police report, your attorney will want a copy of it. The same goes for the results of an investigation into the accident, such as traffic violations issued. Bring any photos or videos of the accident that were taken along with copies or a list of links to any story written about it in the news. If there were other people involved in or witnesses to the accident, bring the information you have on them as well. Your attorney will also want to know about the accident itself, including the location and date, the weather conditions at the time, and whether emergency vehicles were at the scene.

Medical paperwork

Get copies of any medical records related to the accident. Your attorney will want to know if there are now any activities that are off-limits to you as a result of the accident and will also want to hear about all of the tests, diagnoses and treatments you’ve had related to your injuries. He or she will need to learn about any pre-existing conditions you had that could have made your accident injuries worse.

Proof of property damage

For the purposes of determining losses, your attorney will want evidence of the damage to your property as a result of the accident. He or she will ask for the model, year and make of your vehicle, its condition, the damages to it and any photographs you have of it that were taken before the crash. If you have repair estimates, bring them along.

Your personal and financial information

To determine your losses beyond property damage, your attorney will ask a lot of questions about you. Be prepared to tell him or her about your employment and any days you missed from work because of the accident and your injuries. He or she will also need your insurance information, your driving record and your driver’s license number.

When you’re in an accident with a truck, you have rights and don’t just have to accept all of your losses. Speak to a truck accident attorney about your case today.

 

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into finding an attorney.

 

Steps to Take Immediately after a Motorcycle Accident

Motorcycle accident claims are different and unique from automobile accident claims. If you have been in a motorcycle accident, you should contact a personal injury lawyer. Injury lawyers Charlottesville VA relies on can understand the dynamics of motorcycle accidents and know the uniqueness of motorcycle injury cases. Having a professional team of personal injury lawyers on your side that understands motorcycle accidents can greatly help alleviate any unnecessary stress.

In case you are in a motorcycle accident, these are the steps you should take immediately following the accident:

Obtain Medical Care and Treatment

Most importantly, if you are in an accident, you need to tend to the injuries you received in the accident. Because injuries caused by a motorcycle accident tend to be severe, it it important to receive proper and immediate diagnosis, care, and treatment. More often than not, injuries sustained during a motorcycle accident need to be checked out by more than just the emergency room.

Notify Your Insurance Company and the Other Driver’s Insurance Company

After you have received medical care, you should notify your insurance company as well as the other driver’s insurance company about the accident. A claim will need to be opened with the other driver’s insurance company; however, you may wish to have your personal injury lawyer provide any statements to the insurance company. The other driver’s insurance company is working to protect their own client, not you. It is important to have someone speaking to their insurance company whose main objective is to protect you.

Determine your Motorcycle’s Property Damage

You should have your motorcycle that was in the accident examined by a body shop for an estimate of the property damage. If it is declared a total loss, the market value will need to be determined.

Rental Car and Transportation

While your motorcycle is being evaluated or fixed, you will most likely need another mode of transportation. The at-fault driver’s insurance company would be responsible for providing you with a rental car or a cash allowance to pay for transportation. They are required to pay for this service while your motorcycle is being repaired or for a reasonable time period if the motorcycle is totaled.  

Obtain Legal Counsel

In addition to the above-mentioned tasks, evidence and witnesses will also need to be obtained to prove and protect your case. There are many issues to address immediately after your accident, however, your main focus should be recovering and healing. In order to devote your time to your recovery, you may want to hire a personal injury law to handle all the other tasks associated with the accident. Contact a personal injury lawyer today.


Thanks to our friends and contributors from MartinWren, P.C., for their insight into motorcycle accidents.

Foggy Conditions

Navigating through fog can be very tricky and quite a dangerous endeavor if you are not cautious and alert while driving. Unfortunately, it is a sad reality that many motorists are unaware of how to properly maneuver a vehicle in foggy conditions. Countless dangers are magnified with the presence of fog coupled with a driver’s lack of knowledge.  Regardless of the speed limit, it is very important to reduce your speed when fog is present.  Because visibility is limited, it is a good idea to exercise extreme caution when going through foggy areas. Fog can often trick a motorist into thinking they are going slower than they really are. Use your speedometer as a guide and focus on the lines on the road for guidance.

It is important to never stop in the middle of a roadway when fog is heavily present. Pulling over to the shoulder is also not a good idea.  These things could become a major hazard and distract other motorists.  If you must stop, get off the roadway as far away as possible. When visibility is hindered, it is a natural tendency to activate your high-beam headlights, but when navigating heavy fog using your low-beam headlights allows for better visibility. Using your high-beams creates a reflection that can be difficult to see through.  Where possible, we suggest using the ridge side pavement lines to guide you along the roadway. It’s better to avoid using the middle lines for guidance because this may increase your risk of drifting too far into the other oncoming lane of traffic.  Always remember to stay focused while behind the wheel of a vehicle. Multitasking is a bad idea when navigating through fog, simply turning down the radio and removing other distractions can help you better focus on the road and safety of you and all travelers around you.

        If you or someone you know has been involved in an auto accident due to the negligence actions of someone else in foggy conditions, you may need to speak with an attorney, like a auto accident lawyer Dekalb County GA trusts, to find out what your rights are.  Because you are not a trained professional, it is wise to speak with someone who has thoroughly studied the law and can better advise you on the facts of the matter.  By choosing to listen to “the street committee” untrained professional, you could be putting yourself in a situation to get misdirected, misguided, and left holding the bag.


Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into foggy conditions and car accident cases.

 

Proving Damages in a Nursing Home Abuse Claim

Many older adults move into nursing homes these days if they can’t take care of themselves. We expect the staff members at nursing homes to care for our family members and protect them from harm. Unfortunately, more and more nursing home residents experience abuse and neglect. If your loved one was injured while in a nursing home, you may want to speak to a nursing home lawyer soon. He or she can help you bring a lawsuit against the nursing home and give your family member justice.

Types of Damages Available in Nursing Home Abuse Cases

There are several types of damages your family member can claim in a nursing home case, such as:

  • Medical Treatment: If your loved one suffered physical injuries from the nursing home abuse, such as bruises or broken bones, he or she likely required medical care. A nursing home lawsuit may provide compensation for surgery, physical therapy and any other medical treatments that resulted from the injuries.
  • Physical Pain and Suffering: Nursing home abuse can lead to pain and suffering in your family member. For example, if your loved one broke a hip in the nursing home, he or she may have trouble sleeping because of all of the pain.
  • Emotional Distress: If your family member suffered abuse or neglect in a nursing home, he or she may experience depression or anxiety. Your loved one may be afraid to trust people again and stay isolated.

If the court determines that nursing home staff members intentionally hurt your family member, punitive damages may be rewarded.

Proving Damages

In order to win a nursing home lawsuit, there has to be evidence that the nursing home resident suffered harm in the home. Documents that can support a nursing home claim include medical records, injury accident report, photos of the injuries, diaries kept by resident and notes summarizing conversations with staff. It’s important to keep all of these documents in a safe place and have them ready for court.

Hiring a Nursing Home Lawyer

A nursing home abuse claim is a type of medical malpractice and can involve a lot of complexities. That’s why it is important to have an experienced nursing home lawyer on your side. A lawyer can help gather the necessary evidence, communicate with insurance companies and represent your family member in court. He or she will protect your loved one’s rights and work hard to get him or her a fair settlement.

A skilled attorney such as the nursing home lawyer Memphis TN locals turn to understands how heartbreaking it is to find out that your loved one suffered abuse while in the care of nursing home staff members. We have represented many individuals in similar situations and have a passion for helping victims get justice. Let us help you help your family member.

 

Thanks to authors at Darrel Castle & Associates PLLC for their insight into Personal Injury Law.

Hip and Knee Pain After a Car Accident

A very common injury that we see sustained in car accidents is knee and hip pain. This can be a symptom of something much bigger and can range from being extremely mild to very serious and permanent. If you have sustained hip or knee pain after a car accident, you should go to a doctor or a chiropractor as soon as possible. This will help document your injury; however, if it is not a serious injury, you may not qualify for compensation from the person at fault for causing the car accident. Hip pain may be a sign of a dislocated hip. This can be the result of your knee being jammed into the dashboard,  forcing your hip out of its socket in the process. If you are exhibiting signs of reduced mobility in your hip, your hip being placed in an abnormal position, or feel severe pain in your abdomen, your hip could very well be dislocated. If your hip is dislocated, it will need medical attention immediately so that blood can circulate in your leg and you will not have damage to your hip forever.

Hip pain can also mean that there are tears or a pulled muscle in your leg; the main symptom of a tear is swelling and muscle pain. A serious car accident can actually fracture your pelvis bone. A fractured pelvis can be excruciatingly painful and can take an extremely long time to heal. In many different cases, persons who suffer from hip pain after a car accident also incur a back injury. If your spine is misaligned by the impact, it can result in pain and discomfort in your hip. The resulting strain of the muscles in your back and pelvis areas can also cause hip pain. An acetabular fracture, or pelvis fracture occurs when the bone in your hip socket breaks. Many times, a dislocated hip can can cause you to have terrible hip pain and can injury you permanently if you do not seek medical attention.Hip injury can also result in arthritis if not taken care of properly. However, with the right care, it can heal itself over time. If you were not at fault for the car accident, you can hold the other party liable for your injury. You can sue for medical expenses that were required immediately at the time of your hip injury, future medical expenses, lost wages, and pain and suffering damages. Consult with an experienced professional to treat injuries such as the best doctor for knee pain in Rockville.

Contact an Attorney

If another party’s negligence was the cause of your injury, you should consider contacting a personal injury lawyer immediately. They can teach you about your legal options and can check if you qualify for medical compensation.


Thanks to authors at Pain & Arthritis Center for their insight into Chiropractic Care.

 

What to Expect After an Eye Injury

What to Expect After an Eye Injury

Injuries can happen at anytime, and anyplace. A personal injury can occur by accident and/or due the negligence of another party. Our bodies are important vessels and maintaining health and wellness is key to our foundation. If you are suffering from an eye injury there are some major aspects you should consider and expect to address during treatment.

#1 Document the Incident

Right after your injury occurs, write down what happened, who was present and who may have contributed to your harm. If there are witnesses present, gather their information and ask if they are willing to write a statement. Contact your insurance company and get in to see your doctor right away. Eyes are sensitive and even a minor injury can result in severe changes to your eye health.

#2 Keep All Hospital Bills

Start a file keeping all the receipts and paperwork associated with your eye injury. You should ask for a copy of doctor’s evaluations, diagnostics, testing, x-rays or any other sort of treatments. By maintaining a file, if your personal injury claim is settled in the court of law, your documents will be vital evidence in winning your case.

#3 Consult with an Attorney

If another person inflicted your eye injury intentionally, happened while on the clock at work or by the neglectful behavior of a party then you could be eligible for financial compensation. Appointing an attorney to work for your reprisal and holding the offending person or company responsible is key to ensuring you do not come out of the circumstance at a loss. An attorney can offer legal advice, court representation and fight for your rights.

#4 Possibility of Needing Eye Surgery

In the unfortunate situation that your eye injury is severe enough to need surgery, finding the right surgeon for you can make the difference between healing completely, or suffering complications. Your surgeon should be able to diagnose your condition, which can vary from a corneal abrasion, foreign object, harmful substance, infection, traumatic iritis, hyphema or an orbital fracture. Consult with multiple surgeons until you find one you can trust and who seems experienced in performing eye surgeries.

#5 Understand the Healing Process Post Surgery

If it is recommended by your doctor to treat your eye injury through surgery, ensure you talk thoroughly with them so you get a full understanding of what to expect after the surgery. Make sure to attend all of your recheck appointments and follow care instructions strictly, to not cause addition harm during the healing stages of your eye. If at any point you are uncomfortable, in pain or something does not feel right reach out to your doctor right away. Your eyes are so important to functioning to your fullest extent. Do not be too shy to ask questions or express concerns to your Laguna Hills eye surgeon about the surgery before or after.

If you are currently suffering from an eye injury, please take action immediately. Your primary focus should be working towards healing, and hopefully getting back to your condition of eye health prior to the incident.

Thanks to our friends and contributors from Retina Associates of Orange County for their insight into eye injuries, care and surgery.

How to Apply for Disability Because of Back Pain

 

Chronic back or knee can debilitating to a person’s daily life. In some cases, it can affect a person’s ability to function normally and prevent them from being able to work. On top of medical and Physical Therapy costs, a loss of income can have devastating financial impacts on a person.

If your chronic back or knee pain is affecting your ability to work, then you may be able to apply for Social Security Disability Income (SSDI). Because so many people experience back or knee pain on some level, there are many people that apply, and not all get accepted. The Social Security Administration (SSA) has to determine which applicants actually need assistance because they are disabled from the pain and unable to work.

While you can and should apply for SSDI if it is needed, the process can be difficult and you may not get approved. Before applying, you should be sure that you can fulfill the necessary requirements for receiving benefits.

1. Have a diagnosis proving a severe and long-term medical condition

The SSA uses a system to determine which medical conditions are eligible for benefits. Some medical conditions are automatically eligible, while others, such as back and knee pain, require proof that the condition is long-term and severe. The best way to prove this is by visiting a doctor to get tests and a clear diagnosis reflecting the severity of your back and knee pain.

2. Provide proper medical records and documentation

To prove you back and knee pain, you will need to keep, gather and collect from your doctor any documentation and records that support your claim. When submitting your application, you should include the following:

  • Full medical history
  • Test results
  • Diagnosis
  • X-rays
  • MRIs
  • CT scans
  • Treatment
  • Doctor’s notes
  • Treatment and medicine administered
  • Physical therapy records
  • Records from an experienced Physical Therapist such as the Physical Therapist Gaithersburg MD locals have been trusting for years.

3. Determine additional qualifications

In order to apply for SSDI, you must include your age, work history and outside income. The SSA will consider all components when evaluating your application, so you will need to ensure that you can fulfill these requirements. To do so, you should provide records that prove these things, such as a legal form of identification and tax forms.

4. Hire a Social Security Disability Income lawyer

Applying for SSDI can be a complex and difficult process. Making one mistake or leaving something out could result in your application getting denied. Although it is common to get denied the first time, the help of a lawyer can increase your chances of getting approved. An experienced SSDI lawyer can help you form a strong application and complete the necessary requirements. If, for some chance, you are denied the first time, a lawyer will help with the appeal process so that you have a fighting chance to earn disability benefits.


A special thanks to our authors at Pain and Arthritis Relief Center for their insight into Physical Therapy Care.