Personal Injury Law Blogs

Slip and Fall Injuries in Nursing Homes

Fall-related injuries are a major health concern to nursing home residents. Every year about 1,800 older adults living in nursing homes die from fall-related injuries, and many more incur serious injuries like broken bones, fractured hips and severe bruising.

Between 50% and 75% of nursing home residents over the age of 65 fall each year, at twice the rate of falls of older people who do not live in nursing homes. Even though only about 5% of adults 65 and older live in nursing homes, nursing home residents account for about 20% of deaths from falls. Families send their loved ones to nursing homes with the hope and confidence that they will be better cared for than if they were to remain living on their own, however these rates hint at the fact that more precautionary measures must be taken in nursing homes to ensure resident safety.

Falls in nursing homes cause not only physical pain and embarrassment, but they can result in disability, decline of functional capacity and reduced quality of life. The simple fear of slip and fall accidents are known to cause depression, feelings of helpless and social isolation.

The two main causes of slip and fall accidents in nursing homes are weakness or gait problems, and environmental hazards. Other causes are wet floors, poor lighting, incorrect bed height, improperly maintained wheelchairs, medications (mostly sedatives), insufficient staff, inadequate call and assist buttons, poor lighting and clutter.

There are many things that nursing home staff and owners can do to help prevent falls. Firstly, upon admission to the nursing home every resident should be required to undergo a fall risk assessment. Based on the results of the assessment each resident should have an individualized care plan designed to best protect them. This plan should be reviewed and modified on a regular basis to match the stages of their health.

Nursing home slip and fall injuries occur frequently, and it can be difficult to determine whether or not the nursing home owner or employees are guilty of negligence. If you or a loved one has been incurred a fall-related injury, you should contact an experienced attorney to discuss whether or not you have a case, and to formulate a plan to get you the compensation you deserve. If you suspect negligence, again, contact a nursing home injury lawyer in Alabama to take legal action immediately. Protect your loved ones, existing residents and future residents from harm.

How much compensation can you receive for a personal injury claim?

If you have sustained a personal injury and are thinking about making a claim, don’t worry, you are not alone. Each year, there are thousands of accidents in the UK that cause injuries which could have been avoided. Therefore, if you have an accident that wasn’t your fault and sustain an injury as a result, you could have valid grounds to make a claim and receive compensation.

There are a number of things that you need to evaluate before deciding whether or not to press on and make a personal injury claim. Most importantly, you need to determine whether or not you have valid grounds to make a claim and the likelihood of the case being successful. Ultimately, you can make a personal injury claim if you have had an accident that someone else was either fully or partially at fault for. The best way to answer both of these questions and any other queries you may have is to talk to a personal injury solicitor. Thankfully, the majority of personal injury solicitors offer free consultations, which means that you won’t have to pay to find out more about your claim. A solicitor will also be able to tell you how much compensation you could be entitled to according to your injuries and other factors. However, in the meantime you can gain a rough estimate by using an online compensation calculator

The amount of compensation you actually receive varies from case to case, hence why a solicitor can give you a more accurate estimate once they learn more about your situation. There are a variety of different elements that determine the final compensation amount, not just the type of injury you have sustained. Essentially, you can claim for any financial loss that you have incurred as a result of the accident. For example, if you are unable to work and have had to take unpaid leave, you can claim back your loss of earnings. Just make sure you have some form of evidence to prove exactly how much you earn, a few pay slips would suffice. Furthermore, if you cannot drive and have to take public transport everywhere, you can also claim back these costs. Be sure to discuss such instances with your solicitor so that you receive the full amount of compensation you deserve.

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. There are a number of extremely useful tools such as the Compensation Calculator and the Injury Claims Guide. 

Storm Damage Claims – Why Insurance Companies Balk at Settling

All insurance companies have a team of attorneys that deflect legal claims. Insurance companies routinely refuse to pay claims as a method of reducing expenses, regardless of validity of the claim. Some claims are obvious and leave little room for the insurance company to establish a legal position for denial. Storm damage is one of those claim areas that can be argumentative and insurance companies will do everything they can to reduce or deny the claim. Claim denials can also include level of coverage and associated expenses, such as living expenses while the claim is being settled or work is being completed. It is not a good idea for the storm victim to attempt handling a potential legal claim without consulting with an effective property attorney because of the possibility of additional remunerations that can be averted by the insurance company.

The Insurance Adjuster

The duty of the insurance adjuster is to discount anything they can find that may be presented in court for claim damage reduction. Adjusters will often attempt to settle a case quickly if they can avoid a significant payout. The insurance company sells investment protection, but they are actually in the cash flow business. Less payout equals more company profit. If the adjuster offers a quick settlement on a storm-damaged property, then this should be taken as a red flag. The property owner should call an attorney immediately. If the adjuster is not successful at settling the claim, then the insurance company will begin balking as a method of reducing claim levels. Always remember that the adjuster is in a hurry, hoping the claimant will accept the offer, and the insurance company holds out hoping for the same result.

The Insurance Company

The insurance company will assess the policy and determine what damages they will cover. The claimant should be ready for a long negotiation. The victim should never be acceptable to a claim denial based on the storm being an “act of God.” There is no such stipulation in any homeowners insurance policy. However, flood insurance is never included in standard property insurance and must be carried as a rider on the policy. Failure to carry flood insurance can be problematic in cases of storm damage that include tidal surge or structure flooding. This can establish the possibility of a significant claim reduction, including claim denial in court. The insurance company will normally also be minimal in what they will allow in terms of inconvenience coverage, such as renting a dwelling while awaiting a settlement. According to our tornado insurance claim source, they will review the policy in attempting to avoid paying replacement value instead of market value coverage. It is important for the property owner to check sites like Money Expert to know their insurance policy. The insurance company surely does.

One advantage concerning storm damage claims is that the weather is generally predictable. Documentation can be a problem in storm damage claim cases because the insurance company can claim that some damage was already present. If it is apparent that a major storm is on the verge of hitting, then the property owner can take pictures or videos of the property before the fact that may serve as documentation in case a claim is highly contested. Insurance companies can plan denial strategy in storm coverage because they also know ahead of time and will have a large number of claims in association with the storm. The homeowner should be prepared to retain an experienced property claims attorney if this occurs because of the company drive to limit claim payouts. Balking is always part of the limiting strategy.

Anthony Joseph is a researcher/freelance author, and a contributing writer for Doyle Raizner. If you’ve filed a tornado insurance claim that’s recently been denied, let their attorneys be the ones to make your situation right. Anyone who’s ever been through a tornado has reason to wonder how an insurance company can deny a property damage claim for owners who have current policy’s. Even without a direct hit by the funnel cloud, the accompanying windstorm, and hail can clear a path of destruction over a half-mile wide.

Slip and Fall Personal Injury

When you slip and fall, you can sustain serious injuries.  The difference between being clumsy and having a slip and fall case is that someone needs to be negligent for failing to maintain the area or failing to advise you of hazards that may exist when you are filing a personal injury claim.  If you have a slip and fall personal injury case, it is important to understand what determines that a lawsuit is valid and who may be considered responsible for your injuries.  Read on and learn what you need to know before you assume that you do not have a valid case.

The Cause of the Slip and Fall is Very Important

If you are strolling around your home and you trip and break your arm, you have no one to hold liable for your injuries but yourself.  To have a valid slip and fall personal injury case, there needs to be a hazard or some type of negligence present from the property owner, the person, or the business who is responsible for maintaining the property.  The environmental factors play a huge role in whether or not the person who maintained the property is negligent.  Here are some environmental factors that must be considered when you are evaluating whether or not you have a case:

* Hazardous Physical Obstacles

If you are walking into an office building, you do not expect to have to watch the floor for poorly placed cords or bunched up floor mats.  If you trip over a hazardous physical obstacle, you may have a case.  The obstacles can be anything from furniture to equipment.

* Weather and Failure to Minimize Potential for Injuries

As you may know, there are some things in life you cannot control.  Weather is one of these things.  If you fall on a slippery tile floor after walking through a rainstorm, you might think that no one is to blame but Mother Nature.  In actuality, businesses and property owners are expected to minimize the risk of injury by placing non-slip rugs and by keeping all of the walkways dry.  The property owner also needs to place “Wet floor” signs to show where hazards may lie.

* Lighting Issues

If an entryway is poorly lit, you might not have the sight you need to avoid obstacles.  Failure to maintain the proper amount of lighting could be considered negligence.

* Other Causes

Some other causes that may be considered as negligent include: failing to maintain flooring, failure to use the right floor materials, and poor design elements that might camouflage changes in elevation.

Who Is Responsible for Your Slip and Fall Injury?

To file a lawsuit, you need to find the party who should be considered responsible for your injury.  If you slip and fall in a restaurant or some other establishment, the party responsible for maintaining the property could be held liable.  If you slip in fall in someone’s home, the homeowner could face a lawsuit if they were negligent.  If you slip and fall in a city building like the library or the City Hall, you may have to sue the state or local government.

Not all slip and fall cases are cut and dry.  If the the details are not obvious, it is best to hire a slip & fall lawyer to discuss your options.  The best personal injury lawyers will tell you whether or not you have a case, and if it is in your best interest to file a lawsuit or submit a claim through the liable party’s insurance.

Cheryl Lawrence has worked in the legal field for many years, and knows how confusing slip and fall injury cases can be. Seeking help from an Atlanta injury attorney can bring great results. 

How to Obtain the Best Possible Injury Compensation?

Guest personal injury blog post from US attorneys about claiming the best possible compensation.

If you have been unfortunate enough to suffer an injury on account of an accident or while performing your job, you should consult with an injury compensation attorney, to obtain the best possible compensation. A person who is the victim of an injury is usually under lot of trauma, both from the pain of the injury and concerns about his future. This is often aggravated by the attitude of the offending party who might try to deny responsibility, or the insurance company, which might try to short change the victim.

In such circumstances, it is important that you hire an attorney who can step up to the plate and deliver when it matters the most. In order to be able to hire an attorney this good, it is important that you take certain factors into consideration.

First of all, the attorney that you hire should have a lot of experience in successfully handling cases of this nature. You should also check out his track record in this. While doing that, try to find out if that person specializes in exactly the kind of claim that you seek. This is because there are all kinds of claims, and every attorney will specialize in only some of them. A case of mismatch needs to be avoided.

Also, you should check out the pedigree of the lawyer. Does he belong to a professional organization or association consisting of reputed lawyers and law firms? If your lawyer has the highest standards of professional integrity, you can be certain that he will leave no stone unturned in achieving justice. In fact, such law firms or attorneys will fight to get you just the compensation you deserve, and only charge their fee, in the case of a settlement or a verdict.

The thing about injury compensation attorneys is that they are a different breed of lawyers altogether. Not everyone can be a good injury attorney. Not only should you have complete knowledge of this aspect of the law, you should also have many years of first – hand experience having reached such cases to their logical conclusion. Your lawyer should have the ability to quote the law in favor of an injury victim, and also be able to make conclusive emotional arguments.

You should note that a lot is at stake for an injured person. Not only does he suffer physical pain, he may have been permanently disabled or his ability to earn may have been compromised. In circumstances where somebody’s life is on the line, there cannot be compromises in mounting a vigorous defense of that person’s right to adequate compensation.

The law pertaining to compensation arising out of negligence, also known as tort, is quite clear about the liability of a person or entity to pay adequate compensation. It is up to a good attorney to ensure that its full effect is felt.

Denzel Zurich is a leading authority on injury compensation. He works as an independent consultant with many leading law firms, including injury attorney Boca Raton

Slip and Fall Injury Cases

Millions are injured due to slip and fall accidents. There are several reasons of this accident, including dangerous floors, rough or slippery patches on the ground, and engineering mistakes associated with stairs. With millions of personal injury cases happening, the question of the law is who should take the blame and responsibility. It can be that the property owner is responsible but it depends on the judgment of the court.

When these things happen, it is very important to find a good personal injury lawyer to argue the case. Of course, the lawyer needs to show who must have liability over the injury. In context, the battle of personal injury is on the claim of damages.

Personal injury cases involving slip and fall are very tricky. Why? The court does not have any rule on how to decide the matter, but the court uses common sense to determine if a reasonable person should have known the problem and have it repaired, or not.

The biggest core of the slip and fall accident cases is the ‘reasonableness’ of a property owner. In this principle, the law provides proper consideration on the exhausted effort of a property owner to resolve uneven surfaces, torn floors, or slippery patches. For the sake of illustration, what if you fall on an uncovered drainage, which has been left unmaintained for a long time? Does the property owner have enough reasonableness not to be held liable? Well, is it really reasonable for a property owner not to notice the uncovered drainage or has the property owner exhausted all efforts to have the drainage covered? It is necessary to understand the value of effort and determination in understanding the common sense of ‘reasonableness’.

With the aid of the personal injury lawyer, it is very important to test the amount of your own carelessness which can contribute to a slip and fall accident. The valuation of comparative negligence is testing what you did or where were you going when the accident happens. For one, it is necessary to prove that you did what a careful person should have done to avoid the accident, but still the situation happened. In the personal injury claim, the insurance company may also raise several questions to provide common sense and background of the claim.

Medical Malpractice Introduction

Recent statistics show that the medical industry causes 44,000 to 88,000 deaths, and 1.5 million personal injuries. Medical malpractice is a common event occurring in most clinics, hospitals and other medical institutions involving medical practitioners. The situation happens as a result of negligence or carelessness on the side of the medical practitioner. Medical malpractice is not limited to events causing deaths, but it also involves mistakes in prescribing medicine, failure to evaluate the medical record prior to medical treatment, and the ignorance of the medical practitioner to administer proper healthcare.

In healthcare settings, even if two patients have the same illness or health disorder, it does not mean that the same medical care or treatment is applicable because of the axiom that each patient is unique, so does the treatment. When the doctor or medical practitioner does not follow the standard or regulation on how to treat patients, by which medical practitioners are sanctioned to follow, medical malpractice occurs, even without the evidence of death or personal injury. Due to the guidelines of medical professionals and the underlying premise of medical malpractice, it is very important for doctors to check the patient prior to prescribing medicines or administering any treatment.

Medical malpractice is not confined to doctors only, but also to medical professionals. Anybody who administers and provides healthcare can commit medical malpractice. Clinical psychologist, nurses, or healthcare assistants may fail to exercise the right medical procedures in handling illnesses of patients. Of course, the mistake or negligence of the medical practitioner or professional may not occur at once. It may be that the patient suffers terrible pain and health decline before succumbing to death.

A medical malpractice or personal injury lawyer can help families or any direct beneficiaries of the patient, who died due to medical malpractice, to file a claim over damages on the premature demise of the person.

For purposes of understanding medical malpractice, it is necessary to determine if medical responsibility and duty were required. A medical practitioner must have direct duty to provide necessary care to the patient or victim of malpractice. In the same manner, the medical malpractice or personal injury lawyer needs to prove the standard or quality of healthcare expected. For instance, a person who is under the Intensive Care Unit of a hospital must receive highest standard of care from medical providers. At the event medical practitioners failed to provide the expected standard of care, malpractice happens because of the imminent danger and risk that medical professionals failed to acknowledge.

A preponderance of evidence must prove the medical malpractice happens due to the breach of duty. When a medical practitioner is expected to provide the necessary care to a patient and the practitioner fails to provide such care, medical malpractice happens due to breach of duty. It can be that breach of duty happens through omission. The failure to check the patient’s medical records is a form of breach of duty.

In context, medical malpractice demands necessary evidence and proof to expound the matter. Damages are to be awarded to families of the patient, who are injured or have died due to medical malpractice.

Childrens Toys With Magnets: Accidents Waiting To Happen

Although they might not seem dangerous when they are fully operational, any toys that contain magnets have the potential to lead to very serious and perhaps even deadly consequences. According to the Consumer Product Safety Commission (CPSC), it is important for parents to keep a close eye on any toys that contain magnets. If the toy becomes damaged in a way that could allow the magnet to fall out, it is best to either repair the toy or throw it away.

What is the Problem with Magnets?

The CPSC has reported multiple issues with children ingesting magnets. The biggest issue occurs when a child ingests two or more magnets at the same time. Consider for a moment what two magnets do when you place them together, and imagine what that can do to the inside of your child’s stomach. If the two magnets are able to attract each other, they can cause blood poisoning, intestinal twisting, a blockage, perforations or even death. Due to these potentially serious issues, the CPSC has urged parents to be extremely vigilant when dealing with toys that contain magnets.

Why are Magnets Used in Toys?

According to our Reading personal injury attorney, even though toy makers, parents and the CPSC are aware of the potential danger of letting children play with toys that contain magnets there has been no big push to get them removed from the marketplace. There are several toys that rely on magnets in order to work, including construction toys that allow children to snap various pieces together. Magnets are also the main feature of several popular alphabet learning toys. Because the likelihood of a child ingesting not just one magnet but two is very minimal, most people are not overly concerned. It is okay to let your child use toys that contain magnets as long as you are committed to supervising their actions with those toys.

What can I do if My Child Ingests Magnets?

The first thing that you need to do is take them to the emergency room. It is imperative for them to receive medical treatment immediately. The longer you wait, the greater the odds are that they will end up dealing with the serious or even deadly consequences of having multiple magnets in their stomach. A lot of parents believe that their child will simply pass anything small that they accidentally ingest, but when it comes to magnets, it is important not to take any chances.

You can definitely file a lawsuit against the toy manufacturer if your child becomes ill or dies from ingesting magnets. In order to have a good chance of winning, though, you must hold onto the toy. It will be important to be able to demonstrate that the toy did not perform as expected. In other words, if a magnet was sewn inside a toy and it fell out, it will be necessary to show the seam that came apart. If a judge or jury can see that the toy fell apart quickly from normal play, they will be much more likely to side with you. It is important to note, however, that the warning that the CPSC issued might actually work against you instead of helping your case. After all, the warning clearly states that all parents should be cautious about letting their children use toys that contain magnets, and it is possible that you will lose your case if your five-year-old was using a toy meant for children over the age of 10.

 
Anthony Joseph is a freelance author, and a contributing writer for McMahon, McMahon & Lentz. If you’re in need of a Reading personal injury attorney, this firm has the skills and experience it takes to win the case. Many personal injury cases settle before going to trial. These settlements are usually achieved through pretrial negotiations. In cases where no settlement is reached the case will proceed to trial.

Brain Injuries: Understanding Diffuse Axonal Injury (DAI)

Traumatic brain injuries are never an easy thing to deal with, both for the person who suffers such an injury and their loved ones. Even more difficult, however, is brain trauma that results in a diffuse axonal injury, or DAI. People who suffer a diffuse axonal injury may face special challenges that others will not, and some of the consequences can be lifelong.

Our brain injury attorneys tell us that DAI is one of the most common types of brain injuries. A diffuse axonal injury is considered to be a traumatic brain injury, meaning that the injury occurs in a large area of the brain. A DAI often results in lesions forming within the white matter of the brain, and these lesions can range in size from one millimeter to 15 millimeters in diameter. Once these lesions form and grow, the brain is unable to send the correct neural signals, resulting in improper brain function and coma.

What Causes DAI?

While some brain injuries are caused by a direct impact to the head, DAI is actually caused by extreme acceleration or deceleration. People with DAIs typically get them from vehicle accidents, and DAIs are one of the main components in shaken baby syndrome. When the brain is exposed to extreme shifts in acceleration or deceleration, neural processes known as axons can be disrupted. When this happens, the white matter in the brain that is made up of tracts of axons can be damaged by other tissue sliding over it.

The Symptoms of Diffuse Axonal Injuries

People who suffer from a DAI may experience unconsciousness or coma. In many cases, a persistent vegetative state will develop, and the injured person will be confined to a bed for life. When a DAI is first experienced, the injured individual may show no immediate signs or symptoms, and many will show up normal on a CT scan. Over time, however, as lesions form, the effects of a DAI will become more apparent, both in symptoms and through CT scans.

What is the Prognosis for Sufferers?

As mentioned, most people who experience a DAI will slip into a coma or exist in a persistent vegetative state. Unfortunately, few treatment options exist, and the ones that are available, such as calcium influx therapy, are not very effective. In the vast majority of cases, even those with mild DAIs will require lifelong care at home or in a nursing facility. Individuals who have suffered severe DAIs will more often than not, be confined to a hospital bed in an unconscious state.

If you have a loved one who has been affected by a DAI, you probably already know the difficulties you both face. What you may not know, however, is that you may be able to seek relief in court for the injuries your loved one has sustained. A brain injury lawyer may be able to help you and your loved one get compensation to help cover costs associated with the long-term care your loved one needs, as long as the injury occurred in an accident.

Kelly Kovacic is a paralegal and contributing author for the brain injury attorneys at Steinger, Iscoe & Greene in South Florida, who have handled hundreds of brain injury cases. Even if you are not the type of person to sue, if your loved one has suffered from a DAI, you may be entitled to recoup the costs of their long term care. Diffuse axonal injuries are one of the most common serious brain injuries and occur in almost half of all traumatic head injuries.

The Do and Don’t List of Personal Injury

Suffering a personal injury can be a very scary, uncertain, and overwhelming time. No one expects to be a victim of a personal injury, and therefore most people do not know the right and the wrong actions to take or not to take after experiencing such an injury. However, taking the right steps and avoiding the wrong ones can make a big difference when it comes to personal injury cases and fair compensation for pain, suffering and related medical bills.

Seek Medical Attention

The most important step to take after experiencing a personal injury is to seek medical attention. Even if the victim believes the injury is minor, or thinks that monitoring the injury for a few days might be beneficial before seeking medical care, it is important to get the injury examined by a doctor. The sooner someone’s injuries are examined by a doctor and documented the more believable to they are. For more serious injuries, starting treatment right away can lead to a better and quicker recovery.

Seek Representation

After your injuries have been stabilized, you will want to seek the representation of a qualified and experienced personal injury attorney. The attorney should schedule you for a consultation to determine whether or not you have a valid claim for a personal injury case. If so, the attorney and his or her team will begin to investigating the events that lead up to you suffering your personal injury. Securing a personal injury attorney will also allow them to speak to the insurance company or any other involved parties on behalf of the victim, making this time less stressful for the injury victim as they focus on recovering from their injuries.

Keep a Paper Trail

It is also important for the injured victim to keep track of medical bills, any payments made on those bills, and appointments. They should also document and take notes on doctor’s visits and even their mileage to those visits, as mileage can sometimes be reimbursable within the personal injury case. Victims who keep better documentation regarding their injuries and care are more likely to receive fair compensation.

Do Not Take Responsibility

After a personal injury occurs, it is very important that the victim not take personal responsibility for the accident. This can happen a lot after a car accident where it is unclear whose fault the accident is. If a victim jumps out of their car and apologizes to everyone for the accident, they are potentially damaging their personal injury case. Sometimes it is not until months later when the at-fault driver is discovered.

Do Not Talk to Anyone

Other than the victim’s own lawyer and medical providers, it is imperative a victim not discuss their case with anyone from their insurance company or the insurance company of other involved parties. Doing so can potentially damage a personal injury case. Should the victim receive a request for information from such insurance companies, they should politely direct them to their own attorney with any questions or clarifications. Personal injury victims also should not sign anything without first consulting their own attorney.

Be Careful of Social Media

Not only have potential employers become wise to using social media to their advantage for their hiring practices, insurance companies and lawyers have as well for their own reasons. Many personal injury lawyers these days recommend that their clients completely remove themselves for all social media such as Facebook and Twitter. Anything posted on these sites can potentially be used against personal injury victims to the advantage of the at-fault parties. If a victim chooses not to delete their personal social media accounts they need to be very careful of what they are posting on such sites.

Taking the right steps and avoiding the wrong steps after a personal injury occurs can be a little confusing. Once a victim contacts and hires a personal injury attorney, their attorney can direct them more in the direction of what to do and what not to do. Heading this advice will increase the chances of the victim getting the fair compensation they deserve.

This article was written by Ty Whitworth for the team at justcolleges.com; they can be of great assistance in making the move from college to the working world.