Nursing Home Abuse Lawyer
Was your loved one abused in a nursing home? If so, now may be a good time to consult a nursing home abuse lawyer.
Elderly men and woman deserve to be cared for and respected. No elder deserves anything less, especially to be abused by the very people who are supposed to be offering this. When you find out your loved one has been mistreated or harmed, there may be legal options. Reaching out to a nursing home abuse lawyer should be your first step. With a lawyer on your side, compensation for any related losses may be obtained. You risk nothing when you call a lawyer, except a fraction of your time. Your loved one is worth it.
Abuse and Neglect in Nursing Homes
When you place your loved one in the care of a nursing home or assisted care facility, you have the natural right to expect they will be properly attended to. Sadly this does not always happen. The following are the most common types of abuse and neglect nursing home abuse lawyers handle in claims and lawsuits.
It’s not easy to imagine doctors, nurses, assistants, or other staff members harming an elder; however, it does happen. When any kind of physical force result in injury, harm, or pain it may be considered physical abuse. Examples include:
- Bruising on the body
- Restraint marks
- Broken bones and sprains
- Burn marks
- Force feeding
Although it might not leave any physical scars, mental abuse can cause permanent harm in addition to depression, withdrawal, anxiety, and lowered self-confidence. Examples of mental abuse include:
- Emotional manipulation
As a nursing home abuse lawyer might explain, neglect is one of the most common forms of mistreatment. When any staff members of the facility fail to provide care and treatment that is expected, it may be considered neglect. Examples include:
- Failure to keep the elder bathed
- Failure to diagnose an illness
- Failure to treat the elder
- Failure to provide medication to the elder
- Chemically restraining the elder
Sexual abuse does happen at nursing home facilities throughout the U.S., and may occur whenever a patient is forced into any type of sexual activity that is against their will.
Although more difficult to notice, a financial abuse claim can also be pursued by the elder or their loved ones. Examples include:
- Missing money
- Missing items
- Forged checks
- Forged social security income
- Unknown financial transactions
- Abrupt changes in wills, estate plans, or deeds
Do You Suspect Nursing Home Abuse?
If you believe an elderly person is being abused in a medical facility, please call an elder care abuse lawyer Phoenix, AZ turns to today.
Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into nursing home abuse.
Auto Accident Lawyer Deer Park, TX
If you have filed a car accident claim, your insurance company may ask you to schedule an independent medical examination (IME). These exams are typically done by a medical doctor who has been chosen by, and works for, the insurance company. Usually they are required when the insurance company disagrees with what you doctor has diagnosed you with and any course medical treatment.
When our clients have to go to an IME, we often go over the process and explain what they can expect, and what they should and should not do. In general, it helps to have a car accident lawyer on your side.
Tips for Going to an Independent Medical Exam
There are things you can do during the exam and after to help protect your claim. The following are useful tips to consider.
Take a Friend or Family Member to the IME
Ask someone you can rely on to go with you to your IME. Be sure to explain what the IME is and what you want them to do. You can ask them to:
- Note the beginning and ending time of the exam
- What medical history questions are asked
- What other questions are asked
- What tests were performed
- How long the tests took
- Any other notable details
This individual could act as a potential witness just in case there are any arguments about the exam and its accuracy. It can also prevent the doctor from trying to intimidate you, which is unfortunately common.
Counter a Bad Report
Doctors who conduct IMEs work for the insurance company. This also means that they are generally not on your side and would like to please their employer. What they report back to the insurance company may include minimizing the extent of your injuries and the treatment you should have. It is possible to counter the doctor’s claims, and this is often what a car accident lawyer will do.
Get a Copy of the Report
You don’t have to discuss the report with the insurance company. In fact you should not do so, especially if you don’t have your own copy. It is possible the insurance company will provide you with portions of the report rather than the full version. You should make sure to get the entire report.
Point Out Inaccuracies
If you believe the report is inaccurate, untrue, or incomplete; and therefore, unreliable, you should make this known. In general, a lawyer will do this for you as long as you have retained one. Your own medical records may be used to contradict their own statements.
Ask a Doctor to Write You a Response
If your IME exam report is very negative or the insurance company is heavily using it against your claim, it may be a good idea to ask your doctor to review the report and write a letter that counters what the IME report is saying. Bare in mind that your doctor will likely charge you for this, so make sure to confirm the price ahead of time and think about whether it is worth the cost.
Ask About the Doctor’s Relationship with the Insurance Company
You can request how the IME doctor knows the insurance company, and how many referrals the company has given the doctor over the course of a 5 year period. You can also request the amount of money the doctor is paid and other valuable information. These details will almost certainly not be given to you by the insurance company; however, it does not look good if they refuse it.
Who is the best auto accident lawyer in Houston, TX?
Thousands of people are killed each year in car crashes that occurred because a driver was speeding. When a driver is speeding, it takes them longer to react to activity around them and it also take them longer to stop their vehicles. The impact of a crash with a speeding car is also more likely to result in catastrophic or fatal injuries due to the force of that impact when the speeding car slams into the other vehicle.
Why Do Driver Speed?
Every driver knows what the speed limit signs mean, and every driver knows that failure to abide by those signs can result in harsh traffic fines. Yet, so many drivers still disregard those signs and speed. Some of the more common reasons why include:
- Time: One of the most common reasons why driver speed is because they are running late to work, an appointment, or other reason. Drivers will travel above the speed limit in these situations because they do not want to risk the consequences of being late, however, they fail to realize what the consequences can be for speeding.
- Traffic: It can be frustrating getting caught in a traffic jam, especially if you need to be somewhere, such as work or a doctor’s appointment, and sitting in traffic causes you to lose time. Once the traffic begins to lighten up, many drivers will hit the gas pedal in order to make up the time lost. They may also speed because they are frustrated with other motorists driving around them too slowly.
- Anonymity: This may seem like a surprising one, but it is in fact one of the most common ones. But a lot of drivers feel since other drivers on the road with them do not know them, they feel more comfortable not obeying all the rules, such as the speed limit.
Not only does speeding create a dangerous place for other drivers and passengers of the speeding driver, it also creates the following consequences:
- More fuel consumption
- Affects the driver’s ability to notice and react to a safety hazard
- Affects the effectiveness of the vehicle’s safety equipment, such as airbags
- The impact of a speeding car affects the severity of the crash, leading to more deaths and injuries
- The impact also causes more damage to vehicles, often resulting in the vehicle being totaled and not drivable following the accident
Contact a Car Accident Attorney for Help
If you have been injured in a crash caused by a speeding driver and are asking “who is the best auto accident lawyer in Houston, TX?” at John K. Zaid & Associates, call a car accident attorney for a free case evaluation and to discuss what your legal options may be.
Construction Accident Lawyer
Getting injured on the job can be devastating, but getting workers’ compensation benefits can help with your medical bills and pay for lost income while you are out of work and recovering. However, filing your claim for workers’ compensation is not the only thing you should do after your accident. It is also imperative that you correctly report your injury after it has occurred. Before you can make your claim, you should also report your injury in some form to your employer or your manager, and the details of this report can be extremely helpful when an insurance company determines whether to give you benefits. For more information on making a work-related accident report, read below.
Reporting Your Injury
Reporting your injury in a timely manner is imperative. In fact, if you do not report your accident within the timeframe as outlined by your state and your employer’s workers’ compensation rules, you could be quickly denied your claim. Many employers ask that you file your report (in writing) within 30 days of the accident, but filing it sooner can only help an insurance company to process your claim quicker.
What Items Should Your Injury Report Have?
Certain state and employers will have a claims form specifically for their employees. Your manager or an HR representative from your company should be able to provide you with this claim form. In other instances, you can also get a claim form from your specific states’ workers’ compensation committee.
The information you can expect to provide for this form can be seen below.
- Personal information. This will include details like your name, your job title, how long you have been at the company, and your daily tasks.
- The details of the accident. What were you hurt by and where were you injured during the accident?
- How did the accident happen? Go into detail about the circumstances leading up to your injuries.
- What is the date, time, and location that the accident occurred?
- Who else, if anyone, was involved in your accident?
- If you have already seen a doctor, which medical treatments you have already undergone.
How Should I Follow My Claim?
Once you have completed your report, it is imperative that you keep a record of certain information as you file your workers’ compensation claim and as you follow the claim. You want to ensure that you have filled out all the required documents and that you have copies and records proving forms you have filled out. Additionally, keep a record of how your injury or illness progresses and the ways in which it affects your work. It is also important that you keep any medical reports and have receipts for any expenses that you pay out-of-pocket. Keeping these steps in mind can help your claim process be smoother and it can ensure you have the evidence needed to win your claim.
What Are the Next Steps After I File My Claim?
Once you file your claim, you must keep track of it as it progresses. If the insurance company denied your claim, having a workers compensation lawyer Gaithersburg, MD trusts on your side can help you make the best next steps in re-filing your claim.
Thank you to our friends and contributors at Cohen & Cohen, PC for their insight into workers compensation and work-related reports.
Houston, TX Truck Accident Lawyer
While it isn’t safe for any driver to speed, it’s especially dangerous when truck drivers do it. Commercial trucks are such large and powerful vehicles that speeding in them are more likely to cause deadly crashes. When truck drivers drive above the speed limit, they can cause catastrophic injuries in the people they hit. If you were injured by a speeding truck driver, you should discuss your case with a truck accident lawyer.
Here are some of the ways speeding causes truck accidents:
There are blind spots on the sides, in front of and behind commercial trucks. It is important for truck drivers to constantly be aware of drivers who get near these blind spots. However, when truckers driver too fast, they won’t be able to see the drivers in these blind spots until it is too late.
Truck drivers have to transport large amounts of cargo on their trips. If cargo isn’t loaded properly, it can shift and cause the truck to have an accident. An accident becomes even more likely when a truck driver is speeding because he or she can’t maneuver the vehicle as easily.
It already takes commercial trucks a longer time to stop than passenger vehicles because they are so large and heavy. Speeding can make stopping even more difficult. If a truck driver drives above the speed limit, he or she won’t have enough time to stop the truck when traffic slows down.
It is even more dangerous for truck drivers to speed when the weather conditions are poor. If the roads are slick from snow or rain, truck drivers can easily slide into other vehicles and cause a multi-vehicle accidents if they don’t reduce their speed.
Truck drivers have to be more careful than other drivers when they drive around curves. Otherwise, they can lose control of their trucks and cause a jackknife accident. Truck drivers who speed won’t have enough time to slow do when they approach these curves and can put everyone on the road in danger.
Hiring a Truck Accident Lawyer
If you have been injured in a truck accident, you should consult with an experience truck accident lawyer right away. He or she can inform you of your rights and advise you the best way to proceed. You deserve justice for what you have been through.
Lawyers have extensive knowledge of truck accident laws and will work hard for you. They will help identify key witnesses, collect important evidence and negotiate with insurance companies. With a confident Houston, TX truck accident lawyer at John K. Zaid & Associates on your side, you will have more of a peace of mind about your situation.
Truck Accident Lawyer Houston, TX
Commercial trucks are much bigger and heavier than regular vehicles, so they can be especially dangerous on the roads. Truck accident lawyers know just how disastrous collisions with trucks can be. It’s not possible to avoid these trucks completely, so motorists should learn how to drive safely around them. Here are some tips for reducing your risk of getting into a collision with a truck:
Be Careful When Passing
If you ever need to pass by a commercial truck, you should do so with extra caution. Large trucks take longer to maneuver and stop, so truck drivers need more time to change their speed. Drive up to the truck you plan to pass on the left side and use the proper signals as you change lanes. Avoid passing a truck while driving uphill or downhill.
Maintain a Safe Distance Behind a Truck
It isn’t good to drive too closely to any vehicle, but it’s especially dangerous with large trucks. If you don’t allow enough room between your vehicle and a truck, you can increase the risk of an accident. For example, if the truck has to make a sudden brake, you can crash right into it. To avoid any issues, try to stay at least several car lengths behind commercial trucks.
Don’t Get Distracted
When you are driving for a while, it’s easy to get distracted from time to time. However, distractions can take your eyes off the road and increase the likelihood of getting into an accident with trucks and other vehicles. Avoid talking on the phone, texting, eating or anything else the makes you take your hands off the wheel or your eyes off the road.
Stay Away from the Blind Spots
When you drive around commercials trucks, it’s crucial to stay out of their blind spots, including the areas directly in front, directly behind and long each side of the vehicle. The truck driver can’t see you in these areas and may collide into your vehicle.
Reduce Your Brights
If you are driving around a commercial truck, you should make sure to lower your brights. They can reflect off their side mirrors and blind the drivers, increasing the risk of accidents.
Report Unsafe Driving
If you notice a truck driver speeding, drifting in and out of lanes or driving in another dangerous way, you should not hesitate to alert authorities. There is a phone number on the back of each commercial truck that you can call. Try to stay as far away as possible from truck drivers who are driving unsafely.
If you follow these safety tips, you can reduce your chances of getting into an accident with a commercial truck and needing a truck accident lawyer Houston, TX trusts at John K. Zaid & Associates by your side.
Personal Injury Lawyer Deer Park, TX
With so many people choosing bicycles as their primary mode of transportation, it can be expected that a fair number of accidents may result. Unfortunately, riding a bike can come with some risk, especially when sharing the road with drivers of motor vehicles.
As someone who has suffered an accident while on their bike, you’re probably wondering whether you should pursue an insurance settlement to recoup your losses, especially if you were injured. With so many unknowns and questions regarding the process, it can be easy for a victim to focus on their physical recovery and put off compensation that they may be entitled to. Consulting with an attorney is a good option when determining whether or not a victim should pursue a personal injury settlement. Here are some reasons accident victims choose to pursue insurance settlements:
Reason #1 Avoid Going to Court
The last thing most injury victims want is to be required to endure a lengthy court process. A settlement allows for an accident victim to avoid this. Most who have suffered a bike accident are looking to obtain the compensation they deserve in as timely a manner as possible. This allows for the opportunity to focus on recovery.
Reason #2 Gives You the Ability to Collect Damages
The insurance claims process can provide accident victims with compensation for damages they have suffered from the accident. Primarily, damages come in two forms: economic and non economic damages. Damages are a way of putting a monetary value to your injuries and losses. Examples of damages may include:
- Medical Bills
- Lost Wages
- Pain and Suffering
- Property Damage
Reason #3 Reach a Resolution Faster
Preparing a case for trial can be time consuming for an attorney. The cost associated with legal fees, expert witnesses and the like can be expensive. Essentially, the longer it takes to resolve a case, the more expensive it can be. Because of these factors, the likelihood of resolving your case faster through the settlement process is far more probable. Accepting a settlement can help you to move forward with your life and focus on your recovery.
Reason #4 Less Risk
Settlements can provide many victims with peace of mind. This is especially true when there is an attorney who can help to achieve an optimal settlement. A settlement gives both parties the opportunity to negotiate a settlement that is fair. Taking a case to trial, can pay big, but comes with a significant amount of risk. Not only is a trial time consuming and expensive, there are no guarantees in the end. A trial that ends unfavorably could mean walking away empty handed in the end.
For more information regarding settlement offers, contact a personal injury lawyer Deer Park, TX trusts at John K. Zaid & Associates who has experience representing victims of bicycle accidents. Not only will they review your specific case, they may be able to help formulate a legal strategy that can help you retrieve compensation for the injuries and losses you have ascertained.
Construction Accident Lawyer Houston, TX
According to government statistics compiled by the Occupational Safety and Health Administration (OSHA), construction sites are one of the most dangerous workplaces in this country. In fact, one in five work-related deaths are in the construction industry.
There are four leading causes of construction worker deaths that OSHA has identified as the “fatal four.” These four, which are the cause of more than half of all construction worker deaths, are:
Falls: Responsible for 40 percent of fatalities
There are several different types of falls that are under this category, including fall on the same level and falls or jumps to lower levels. Also included in this group is when a worker falls through openings or surfaces, trips, or falls from a structure that is collapsing.
Struck by an object: Responsible for 10 percent of fatalities
This category includes accidents where there is forcible impact or contact that causes injury that comes from an object (not a person), such as an object falling, an object rolling, an object that is flying, or when a worker is hit by a vehicle.
Electrocutions: Responsible for 8 percent of fatalities
Injuries that are caused by contact with electricity – whether direct or indirect – fall into this group. Direct contact happens when there is contact with objects that are intentionally electrified. When there is electricity produced where it is not expected, such as a tool touching a power line, this is considered indirect electrical conduct.
Accidents were victims are caught in or between objects: Responsible for 7 percent of fatalities
When a worker gets compressed, crushed, pinched, or squeezed by objects that are moving or stationary, machinery, operating equipment, or other object, it falls in the caught in/between category. Any subsequent injuries the worker sustains while trying to get free from being caught is also put in this group.
Contact a Construction Site Accident Attorney for Assistance
A construction accident lawyer Houston, TX trusts at John K. Zaid & Associates realizes that construction workers are employed in one of the most perilous jobs and are at high risk of injury every day they go to work. Many of these accidents result in serious to severe injuries that leave victims with high medical bills and unable to work. It is not uncommon for victims to be left with permanent disabilities that leave them unable to return to the construction industry.
A construction site accident attorney will evaluate a case and determine who the negligent party or parties are that failed to provide a safe work environment. A lawyer will work diligently to get every client the financial compensation they deserve for the losses they have suffered. If you have been injured, set up a free case evaluation.
Construction Accident Lawyer Houston, TX
There are many obvious dangers that workers are at risk of being injured by on construction sites. However, one such hazard that many people don’t always consider is the high-risk workers have of being exposed to toxic chemicals.
Although there is always the chance of a large disaster, such as an explosion, the larger risk comes from every day exposure from the substances that workers used as they perform their job duties. Many of these products are so toxic, they can leave workers with long-term or permanent medical conditions.
For decades, many construction sites used asbestos and other hazardous substances that have left many workers with fatal conditions, such as lung cancer and mesothelioma cancer. These materials are no longer being used in new construction, however, many older structures that are being torn down or renovated are still filled with these materials and can still cause dangerous medical injury to workers. In addition to asbestos, other common toxic substances construction workers are exposed to include chemical dust, glues, lead, and solvents.
Even if workers are aware of the potential chemical dangers that exist on a site and try to protect themselves, there is still high risk of exposure. These toxic chemicals can enter a worker’s system in a number of ways, including breathing them into the body, ingesting them, and touching them. It is this prolonged and silent exposure that results in these fatal diseases. The material toxins are gradually absorbed, ending up in the worker’s blood, resulting in serious medical issues.
Tragically, by the time symptoms of exposure finally appear, the worker is often suffering from significant illness or injury. In fact, many times a worker initially things they are having an allergic reaction to something and does not make the correlation with their exposure to the chemicals. Common symptoms of exposure include:
- Increased irritability
- Irritated eyes
- Shortness of breath
- Sore throat
If the worker who is suffering from these symptoms does not get treatment right away for these symptoms, he or she can end up developing cancer or some other chronic condition.
Is This Workers’ Comp?
When our law firm writes about worker injury or occupational disease, we are usually discussing workers’ compensation cases. However, when it comes to chemical exposure, workers’ compensation benefits may not be enough to cover the extensive long-term medical treatments the worker will require, as well as the pain and suffering their condition or disease causes them.
An attorney can help the victim – or their family if the victim dies from their condition – pursue additional compensation from a third-party if it can be proven that party was negligent, and that negligence caused the victim’s injury. The attorney must prove that the third-party failed to make a reasonable effort to protect workers and that the worker had no idea the hazard existed or would exist in the future.
If you or a family member has suffered injury or illness from a chemical exposure on a construction site, contact a construction accident lawyer Houston, TX relies on at John K. Zaid & Associates today who can help you get the justice you deserve.
Brain Injury Lawyer Houston, TX
By definition, an acquired brain injury is not degenerative, congenital or caused by trauma during birth. Acquired brain injuries have happened after birth, and often results in physical or cognitive impairments. The two kinds of acquired brain injuries can be either traumatic or non-traumatic. To be deemed traumatic, the brain injury must have altered brain functioning due to an external force. Then on the other hand, to be considered non-traumatic, the brain functioning became hindered due to an internal force.
Those who have suffered a brain injury may have questions about symptoms, what to do if the injury was caused due to another’s actions, and more.
What are the most common signs of a brain injury?
Depending on how the brain injury was caused, the victim may experience different symptoms. Any person who believes they may have a brain injury should go to the nearest hospital. Even better, it may be best to call 911 or have someone else take you to the doctor. If you do have a brain injury it may be risky to drive yourself to the emergency room. If you pass out behind the wheel, it could make matters devastatingly worse. Here are the most common symptoms associated with brain injuries:
- Nausea and vomiting
- Blurry vision
- Ringing in ears
- Loss of smell or taste
- Bad taste in mouth
- Sensitivity to sounds and/or light
- Depression and/or anxiety
- Changed sleeping patterns
- Poor concentration
In what situations do traumatic and non-traumatic brain injuries happen?
Traumatic and non-traumatic brain injuries are caused in different ways. For example, traumatic brain injuries are more-so associated with incidents related to falls, domestic violence, workplace injuries, car accidents, sports/recreation activities and assault. Non-traumatic brain injuries can arise due to a stroke, seizure, electric shock, infection disease, tumors, metabolic disorder, toxic exposure, choking, drowning, drug overdose, and neurotoxic poisoning.
What if my brain injury happened due to another person’s actions?
Some accidents simply happen due to a stroke of bad luck, and being in the wrong place at the wrong time. However, in other situations a person may have acted without care or intentionally done something to cause the brain injury. The victim may wonder what he or she can do to see that justice is served. The brain injury victim may want to consider meeting with a qualified attorney in his or her area, in order to seek compensation from the person who caused this to happen.
What types of damages may I be entitled to receive?
The victim who suffered a brain injury because of someone else, may be entitled to financial compensation for medical bills, wage loss, pain and suffering, and more. The amount of money the victim may be awarded in a civil lawsuit depends on the severity of the brain injury, and how much financial and physical loss resulted. Perhaps the most useful way to know whether you have a foundation for a lawsuit is to get a consultation with a brain injury lawyer Houston, TX relies on at John K. Zaid & Associates.