Nursing Home Abuse: Physical Abuse

Posted by on May 24, 2017 in Injuries | 0 comments

A nursing home should be a place where the elderly can get the care they need, but sometimes, it becomes a place where they are abused and don’t get the medical attention they deserve. Nursing home abuse and negligence may come in many forms, but arguably the most alarming one is physical abuse.

Physical Abuse

Physical abuse happens when the patient receives incidental force from another party, which is usually another patient or a nursing home staff. The only good thing about physical abuse is the fact that it is very easy to detect.
This is because physical abuse often translates into bodily injury. So, if your loved one has an unexplained injury, it is wise to consider the possibility that he or she is abused.


But why is it so important to look out for abuse yourself? Your loved one may be physically or mentally limited to explain to you what is going on, or he or she is afraid to speak up. As the fully functioning adult, you should be the one who is assertive enough when it comes to these things. Here are some of the most common signs you should look out for:

  • Deterioration of health, including the worsening of current medical conditions or rising of new ones
  • Signs of abuse in clothing, such as blood stains and tearing
  • Sudden change in behavior in the presence of a particular person
  • Unexplained wounds, especially on typically restrained body parts, like wrists


According to the website of Karlin, Fleisher & Falkenberg, those who have been hurt in nursing homes or have loved ones who have been hurt in nursing homes may take legal action, such as trying to get compensation from the pain and suffering from nursing home abuse.
But avoiding nursing home abuse is the more attractive option. Before putting a loved one in a nursing home, you should observe first if the nursing home is competent, in terms of both staff and facilities.

Read More

With Valid Reason, Even Government Agencies can be held Liable for Injuries due to Road Accidents

Posted by on Mar 8, 2017 in Road Accidents | 0 comments

When a car crashes due to a purely unexpected reason such as a sudden-medical-emergency, like a heart attack or a syncopal episode, a condition wherein a person passes out due to a sudden drop in his/her blood pressure, or due to a naturally-occurring catastrophe, like an earthquake, a tornado, hail, lightning, hurricane or windstorm, blame is placed on act of nature, sometimes referred to as an “act of God.”

Courts do not usually hold drivers accountable for accidents due to acts of nature since these can neither be foreseen nor prevented; thus, they dismiss civil lawsuits filed by injured victims for the purpose of seeking compensation. The injured may, instead, recover damages from their respective insurance providers, if they are covered.

Of the more than five million auto vehicle accidents in the U.S. every year, only a small percentage is accounted to acts of nature, however. Based on study, the National Highway Traffic Safety Administration (NHTSA) is able to say that more than three-fourths of all motor vehicle accidents are due to drivers’ faults. These include drunk-driving, distracted driving, speeding (including driving too fast despite poor road conditions) and reckless driving. Thus, no matter how careful you may be on the road, if another driver acts negligently or carelessly, then an accident may just be imminent.

Drivers are the only ones guilty of negligence, though. So are vehicle manufacturers who produce defective vehicles and government agencies that fail to construct good roads or fail to keep roads in good condition and free of hazards, like uneven pavement, roadway debris, potholes, shoulder drop-off, water pooling, lack of signs, lack of and weakly constructed guardrails, traffic signs blocked by trees or other fixtures, poorly lighted streets, lack of railroad crossing lights and wrong road signs.

Dangerous roadways can cause drivers to lose control of their vehicles. It is, therefore, a serious concern that needs to be addressed quickly for failure to keep roads safe can result in destructive accidents. Along this line of thought, Toronto car accident lawyers of Mazin & Associates, PC says, “When a car accident occurs, the result could be a grave injury, permanent disability or death for drivers and their passengers, bystanders, motorcyclists, and cyclists.”

Holding government agencies liable for accidents (due to dangerous roadways), however, may be near to impossible due to their immunity from any form of liability. Except if the basis of the lawsuit is gross negligence in maintaining a roadway, then the case may be worth pursuing.

Highway defects can cause even the most careful and conscientious drivers to get into serious, life-threatening accidents. When roads are improperly maintained and drivers are not warned about potentially dangerous areas, car accidents and debilitating injuries are not remote possibilities. This is why car accident lawyers and law firms believe that the government and the companies responsible for the maintenance of roadways should be held responsible for any injuries resulting from highway safety hazards.

Read More

Spinal Cord Injuries in the Workplace

Posted by on Jun 23, 2016 in Workers Compensation | 0 comments

Spinal cord injuries can cause pain and discomfort and prevent individuals from participating in activities. At worst, they can result in loss of sensations, paralysis or death. The spinal cord consists of a bundle of nerves that enables communication between the brain and the rest of the body. The backbone is designed to protect the spinal cord, but an accident can fracture the vertebrae that make up the backbone and damage the nerves inside.

Lawyers at Scudder & Hedrick, PLLC write that spinal cord injuries are temporary or permanent, and “complete” or “incomplete.” Complete injuries cause a permanent loss of motion below the site of the injury. There are five main ways spinal cord nerves can be damaged:

  • A concussion occurs when the spine is forcefully jolted, and usually results in temporary movement and sensation restriction
  • A contusion is a bruise inside the backbone that can put traumatic pressure on the nerves
  • Compression is when something presses into the nerves—either a foreign object or a herniated disc
  • A tear means the spinal cord is partially torn
  • A cut means the spinal cord has been severed

A pinch or tear in the spinal cord nerves means the victim may spend the rest of their life as a paraplegic or quadriplegic. Paraplegia refers to paralysis of the trunk and legs, and quadriplegia refers to paralysis of all four limbs and the trunk.

Some of the most common causes of spinal cord injuries include lifting, repetitive motion, falls, faulty equipment, and vehicle collisions. Beyond injury to the spinal cord nerves, individuals can also damage the vertebrae, muscles, and ligaments in the spine and experience painful sensations.

Workers experiencing a spinal cord injury on the job are entitled to workers’ compensation benefits to account for their pain and suffering, lost wages, medical bills, and psychological trauma.


Read More

Of Medical Malpractice and Personal Injury

Posted by on Feb 4, 2016 in Medical Malpractice | 0 comments

What’s the first thing you do when you’re injured?

By instinct, the first thing that people tend to do is oversee the aftercare if at all possible. Even infants know to cry because they register the pain that an injury can inflict and they want it to stop but are incapable of making it so. This basic principle doesn’t change as people grow older—it’s just that the help comes in different forms when you can’t fix it by yourself.

When people sustain serious injuries that cannot be solved by simple band aid solutions, people turn to professionals in the field of medicine. It is they who have the necessary medical knowhow and expertise in order to know how to properly go about the injury so that the patient could return to regular life as quickly, comfortable, and as efficiently as possible. However, with this level of trust comes then the risk that is so often posed when we rely on other people: it is in human nature to err and sometimes, even medical practitioners can make mistakes.

However, unlike most people, even the smallest infraction made by carelessness on their part could mean absolute devastation for their patients. That is the pressure and the responsibility that is thrust upon these people and so they must submit to a standard that holds them accountable to perform in accordance to their duty of care. According to the website of the lawyers with the Chris Mayo Law Firm, if a medical practitioner is proven to have lacked in this area then this could potentially fall within the grounds of medical malpractice.

Medical malpractice is a subset of personal injury and since “personal injury” is the legal terminology used to legally define situations wherein person is injured due to the negligent actions of someone else, this most certainly counts as that. Most people need help with this just the same and there is no shame asking for advice from legal professionals either. Everyone needs help with an injury and personal injury is most certainly not something you should have to go through on your own.

Read More

What Can Cause a Truck Accident?

Posted by on Sep 2, 2015 in Injuries, Trucking | 0 comments

Massive, eighteen wheeler trucks on the road can appear large, complicated, and almost indestructible. After all, something that large is surely built with the capability to withstand anything and everything on the road! Unfortunately, that is not quite the case or else there wouldn’t be truck accidents; but there are.

Truck accidents can be caused by just about anything that causes a regular motor vehicle accident since trucks are still motor vehicles, technically speaking. It is just that there is more at stake and the potential for danger and destruction is larger whenever there is a truck involved as opposed to a regular four-door car or a motor cycle. For example, on the website of the Oklahoma truck accident lawyers at the Abel Law Firm, it says that some truck accidents can be catalysts for devastating events on freeways or even be catalysts for explosions, if carrying highly flammable material.

Since there is more at stake whenever eighteen wheeler trucks are concerned, the consequences and circumstances that led up to them can be taken differently in a court of law. As an example of that, according to the website of  James Powderly, a drunk driver that caused a regular motor vehicle accident can have an entirely different case to a drunk driver that was involved in a truck accident.

Truck accidents are not exceedingly common – but motor vehicle accidents in general, unfortunately, are. There are certainly more precautions given to trucks because of how much potential damage they could cause and that only means that the branch of the law that covers such incidents can be quite the tricky field to navigate.

If you or someone you know has been involved with a truck accident, it would be the most recommended course of action to seek the advice of an experienced legal professional on what to do next.

Read More

Can I Take Legal Action for Mesothelioma?

Posted by on Sep 1, 2015 in Illnesses | 0 comments

Have you recently been diagnosed with mesothelioma? Has anyone you know been recently been diagnosed with mesothelioma? It is never easy to hear a cancer diagnosis, let alone one of this nature. After all, mesothelioma is an extremely rare cancer that is highly lethal. It is rare because the main, common cause of this cancer is exposure to asbestos.

According to, a considerable amount of Americans were exposed to the malignant substance for years and years without realizing its potential detrimental effects, one of the most dangerous being the main cause of mesothelioma cases. Asbestos, back then, was used as an incredibly sturdy agent for construction work due to its natural chemistry. However, though it is mostly harmless when it is solidified, it can be quite dangerous whenever inhaled. As is the nature of most things that are man-made, these things have a tendency to crack and decay over time. This is why most people don’t see the effects of asbestos until after several years of being exposed to the substance.

Mesothelioma has been said to be a cancer that can take a long time to develop. Years can pass by before it is detectable and usually when it is discovered, it is already too late to do anything about it. Medical treatment alone can cost so much, not to mention the kind of burden it would cause the victim as well as the victim’s families upon diagnosis – literally and emotionally.

And that is why it is perfectly possible to file legal action if you have been diagnosed with mesothelioma. With the information presented, it is a logical assumption that the person exposed to the substance was harmed because of the negligence of another party. The guilty party is thereby responsible to compensate for the expenses in order to alleviate the burden that the asbestos exposure caused.

It can be tricky to file a case of this nature, however, and it would be the best thing to consider an experienced legal help in order to get a personalized, professional consultation regarding your circumstances.

Read More

Is Seeking Divorce the Right Thing for Me?

Posted by on Aug 28, 2015 in Family and Divorce | 0 comments

Are you unhappy with your given marriage right now? Perhaps your partner has displayed some abusive tendencies towards you or your children and you wish to be parted from such a toxic relationship? Or maybe there is no bad blood between the two of you and you both think that you would both be better off without the other?

The truth of the matter is that divorce is about as complicated as matters of the human heart, which is very.

There are many variables to consider as to whether or not divorce really is the right thing for you but it is an option that is available. Because of the rather wide scope of divorce and the many factors it needs to consider, there are quite a few subsets that need to be settled. One of the biggest issues that a couple thinking of getting a divorce has to deal with, if it is applicable, is the matter of the children. According to the website of the Law Offices of Baden V. Mansfield, some of the most complicated matters regarding divorce can revolve around child support, child custody, or even adoption.

Some divorces can also be different, depending on the cases presented by your soon-to-be previous partner’s legal team. If both parties are in agreement, things tend to flow a lot more smoothly; however, if you don’t see eye to eye on everything then there might be a few things to settle. It is a complicated and emotionally draining experience, going through a divorce, which is why it is not something that is to be taken lightly.

Considering divorce can be stressful to go through and, in contrast to what the media tells you, it doesn’t just involve a few documents and a single signature. It can be an entire journey in itself – one with its own obstacles and rings of fire to have to go through – but if it’s the right thing for you, then the decision to make that first step is yours entirely.

Read More

Can I Fight Against Wrongful Termination?

Posted by on Aug 27, 2015 in Employment | 0 comments

Employment law can be one of the tricky to navigate because a lot of the known cases are quite circumstantial. Both sides need to be considered whenever settling a claim that states anything that goes against this branch of the law.

However, it is more than likely that workers can sometimes get the lower end of the stick for unjust reasons that are completely unfair. One of the most prominent examples of this are the grounds for this is the case of wrongful termination.

In terms of contract, both the employee and the employer are meant to stand on equal footing with regard to the employee’s stay within the given corporation. It stands, then, to reason that the resignation or termination of an employee from any business can happen due to any grounds. Lawful reasons include the dissolution of the department due to lack of funding or that the employee in question had committed a grievous error that cannot be simply written off with a little reprimand or that the employee wishes to shift in their career choice. These are acceptable and reasonable enough.

However, if you suspect that you were unfairly terminated from your place of employment due to discrimination – be it by your gender, sexual identity, nationality, skin color, or otherwise stated – or as personal retaliation, according to the website of The Melton Law Firm, then you may have a case on your hands with which you can pursue legal action.

This can be a difficult decision to make as business owners are often equipped with many resources and contacts that pursuing this kind of legal case can result into a negative reputation for the company which could turn certain business owners or employers vindictive. It is important, however, that you fight for the right to be treated fairly in the labor force.

Read More

Can My Situation Warrant Action for Personal Injury?

Posted by on Aug 26, 2015 in Injuries | 0 comments

The term ‘personal injury’ itself is an umbrella term for quite a number of cases. After all, legally speaking, it is meant to cover any injury that is done unto a person through the negligent actions of another party, whether the action was intentional or accidental, according to the website of the Ravid Law Firm. Citing information from the website of lawyers Habush Habush & Rottier S.C. ®, even neglect can count as a kind of injury; such is the case of some known nursing home abuse cases.

Due to the broad scope that the term holds, it can be difficult to decipher on whether or not your case warrants legal action under personal injury. For example, if you were accidentally hit in the face by a baseball via some children playing in their yard, there is injury present and another party that was responsible for it. Technically speaking, this kind of situation could be covered by personal injury, but should it? Well, it can be then quite tricky.

Most personal injury cases are filed due to the gravity of the injury done unto the victim. Going back to the baseball situation, was the victim only given a black eye at most or did the victim end up with a traumatic brain injury because of the ball’s impact? There are so many variables to consider that this branch of the law can be one of the most complicated, due to its personalized nature.

To add to the injury, personal injury laws are usually state laws with only very few of them being federal laws. This means that what happens in Houston, Texas may not be the kind of legal situation that Milwaukee personal injury attorneys are used to. The differences may be infinitesimal in nature but these little details could make or break any given case.

Read More

Is Functional Employment Testing Worth the Investment?

Posted by on Aug 25, 2015 in Employment | 0 comments

It doesn’t take a rocket scientist to figure it out, right? After all, there are a lot of people in the world at large who need to be employed and if you need workers, all you need to do is put out a sign and all your problems are solved at the first “you’re hired!”

Unfortunately, that’s not exactly the way the world works.

More often than not, in this day and age, simpler and more rudimentary tasks are handed over to technology in order to both save time and effort that could be used elsewhere. People are getting called in order to be specialists or have intimate knowledge with a certain task in order to be qualified for it. After all, a business or a company cannot thrive if nobody knows how to make heads or tails out of anything in the industry – or if they even have the right kind of attitude towards the work that needs to be done.

Functional employment testing takes care of that precaution as it also evades possible scams of potential employees pretending to have an injury or an ailment that was not proven through thorough testing. It can also survey if employees are up to the task or if another position or industry would be better for them altogether. It benefits both parties as the testing can allow for two parties meet in the middle, thereby working to make each other grow as they work.

According to the WorkSTEPS website, this kind of preventative measure allows for companies to not have to worry about the employees’ capabilities within the workforce. A professional relationship that is built on mutual trust and respect through transparency of capabilities and the willingness to learn can only benefit the company in the long run.

Having these precautions can save you a lot of time, money, and effort in the long run – so really, it’s up to you to decide on whether or not you think the testing is worth the investment.

Read More