February 2019

You Are Here: Home / February 2019

Nursing Home Abuse Law FAQ: What is my nursing home abuse case worth?


Best Nursing Home Abuse Lawyer

Nursing home abuses cases are a type of malpractice suit; however, they often include special factors or circumstances that can be sinister for the average person to know about. These cases may involve elderly or disabled people who have been taken advantage of and abused when they are most vulnerable. If you suspect nursing home abuse and need help, please call an attorney for a free case review.

Death From Abuse in a Nursing Home

Sometimes a nursing home resident will lose their life because of abuse, gross negligence, or a criminal act committed by staff or other residents. When a jury hears the details, their emotional response may reflect in the size of the amount of compensation awarded to the plaintiff.

All members of a jury are human and will have a natural tendency to think about what it would be like if their loved one was the person who died, or worse, if they were the victim themselves. This thought may provoke emotions of anger that spill over during deliberations. Known as the guilt factor, this may cause a jury to treat the case differently than other personal injury cases.

A good lawyer should understand this, and for obvious reasons, the defense may do everything they can from keeping these cases out of the courtroom. This is why very few nursing home abuse cases ever make it to trial.

Factors to Consider When Determining the Value of the Case

It is impossible to tell you what your case is worth without knowing the details. In general, a nursing home lawyer may consider the following:

  • Economic Damages – These include actual costs that have occurred because of the abuse. Examples include medical care, lost income, legal fees, and so forth.
  • Non-Economic Damages – Such as mental and emotional anguish, suffering, and loss of a loved one.
  • Punitive Damages – Available in certain cases, these are damages that are meant to punish the defendant, and act as a case precedent.

The Jurisdiction Matters

A majority of nursing home laws are federal. This means that the facility must adhere to them regardless of where they are. It will be up to the state to administer the laws and hold an alleged offender responsible.

All states have their own legal procedures for civil cases. This also includes the amount of compensation that may be available, the types of damages that a jury can decide on, and the terms of a settlement. For example, some states have set a cap on damages that can be awarded. This is to prevent a grossly overcompensated nursing home abuse case.

Examples of Past Settlements

Around 95% of all nursing home abuses cases will settle out of court. This means the amount of compensation awarded is private. There are reports that suggest the average settlement is around $100,000 – $250,000. Some past settlements that were made public because they went to trial include:

  • $195,000 in Michigan for a Stage 4 Bedsore
  • $960,000 for a Non-Fatal Head Injury from a Fall in New York
  • $250,000 in Massachusetts For Consuming a Foreign Object
  • $1.57 Million in California for a Severe, Late Stage Bedsore that Resulted in Death
  • $7.5 Million In Kentucky for an Elder Who Was Accidentally Strangled to Death By A Bedsheet

Every case is different. To learn about your legal options, call the best nursing home abuse lawyer Philadelphia offers today.

Thank you to our friends and contributors at Wieand Law Firm, LLC for their insight into nursing home law and how much a nursing home abuse case can be worth.

Brain Injury Lawyer FAQ: What are some reasons why I should retain a brain injury lawyer for a mild brain injury?


Brain Injury Lawyer Houston, TX

A brain injury could have the potential to have a lifelong impact on the victim and their loved one. Even when this results, the insurance company will likely try to avoid paying out the full amount of compensation. As such, the victim may be responsible for having to cover some of the costs, especially those that may have been unforeseeable at the time of a settlement.

Thankfully, you are not forced to fighting the insurance company on your own. As a brain injury lawyer, our firm handles a broad range of cases; varying in their complexities. On behalf of our clients, we will be ready to demand a fair and just compensation for a brain injury. Rest assured, we don’t only consider the losses you have already experienced, but also those that may occur well into the future.

If you have suffered from a brain injury and are wondering whether or not you should retain a brain injury lawyer, please read the following.

Even a Mild Injury Can Alter Your Life

When a doctor assesses a brain injury they will be looking out for signs that may indicate something serious or life-threatening. What they may not asses right away is the impact the injury could have on the victim’s daily functioning. For example, rather than factoring in the severity of your headaches or change in personality, a doctor may remain focused on whether or not you need immediate surgery or other treatments.

Doctors will use diagnostic scales to classify the brain injury. Loss of consciousness or your ability to respond to sounds, lights, or stimulation, as well as, the results of MRIs or CT scans will help to diagnose the severity of the injury.

However, microtraumas could also be present and these can cause severe symptoms and life-changing consequences. A good brain injury lawyer may help to determine whether or not these things are present, and if they are, they should be included in the claim that is to be presented to the insurance company.

Mild Brain Injuries Could Lead To:

  • Vision disturbances
  • Chronic headaches
  • Anxiety
  • Depression
  • Behavioral changes
  • Mood swings
  • Inability to concentrate
  • Memory loss
  • Tinnitus
  • Balancing or coordination problems
  • Fatigue
  • Light sensitivity

Most people who suffer from symptoms such as those above will find that they improve with time. However, between 15 and 25 percent, it may take years, even a lifetime, for them to go away. Because insurance companies have a tendency to emphasize a “mild” injury as being “mild” and “not serious”, you could find that any related treatment you need because of these symptoms will not be covered.

As a brain injury lawyer, we know the tactics used by insurance companies and have successfully fought for victims who have suffered a mild to severe or fatal brain injury.

If you would like to learn more about the potential consequences of a mild brain injury, or would like to discuss your case, please call a brain injury lawyer Houston, TX trusts today.

Contact John K. Zaid & Associates for their insight into personal injury claims and reasons for hiring an attorney for a brain injury claim.

What is a deposition?


Personal Injury Lawyer

After assessing an injury case, our personal injury lawyer will consider whether or not it will be necessary to pursue depositions. This is an aspect of civil litigation that injury victims are often not familiar with, in large part because they are often not included in police procedural shows that are popular on television. However, depositions are very important because they include peoples’ testimony that can be critical to showing why a defendant is liable for the plaintiff’s damages. Attorneys believe it is important for their clients to understand the legal process as it affects their case and to feel empowered about making important decisions that might affect their future. Every personal injury lawyer at our firm shares this perspective, and we welcome questions and concerns voiced by those whose best interests we are sworn to protect. If you suffered a terrible injury in an accident, contact us to learn if you have grounds to seek compensation from the liable party. We do not charge for that first meeting, and the information you share with our personal injury lawyer will be held in the strictest of confidence.

How is a deposition defined by law?

A deposition is the oral questioning by a personal injury lawyer of a witness who swears under oath to tell the truth, the whole truth, and nothing but the truth. This is much like on a witness stand during a trial, but depositions take place before the trial begins. It is a legal proceeding, and what is discussed can and will be brought up later in court one or the other personal injury lawyer.

What happens during the deposition?

The person answering questions asked by the personal injury lawyer who called for the deposition is known as the witness. The process is considered a direct examination. In addition:

  • Prior answering questions, the witness is placed under oath and promises to tell the truth.
  • The questions will start with asking the witness their name, contact information, and other standard questions.
  • The questions will then continue but will focus on the case.
  • The personal injury lawyer representing the plaintiff as well as the lawyer for the defendant have the right to ask their own set of questions of the witness.
  • Each lawyer has the right to object to the other lawyer’s questions.
  • For most depositions, a judge is not present.
  • A court reporter transcribes what is said during the deposition.

What are deposition transcripts?

The deposition transcript is generated by a court reporter. In a personal injury lawsuit, because it’s a civil proceeding, the transcript can be used in discovery. Discovery is the mutual sharing of information between the lawyers who represent both sides of the case. The deposition transcripts can also be used by either personal injury lawyer to support the motions that they raise in court.

If you would like to know more about how depositions may be useful in your lawsuit or claim, contact a personal injury lawyer in Philadelphia, PA and request a free consultation.



Thank you to our friends and contributors at Wieand Law Firm, LLC for their insight into personal injury claims and depositions.

Accident with an uninsured vehicle


Car Accident Lawyer Dekalb County, GA

No one desires to be involved in a motor vehicle accident and harmed by any other parties. But you cannot always predict what will happen when you get into your automobile and onto the dangerous roads and highways. Unfortunately, everyone does not abide by the rules of the road. Sometimes there will be a driver on the roads that disregard the signs, disregard the traffic lights, and even worse disregard the rule to have their vehicle insured. This happens more often than not and overlooking these things can cause a heap of trouble and boundless headaches for those involved. If you or someone you know has been involved in a motor vehicle accident with someone who is not insured, do not think you cannot pursue a personal injury claim.

In cases such as these, every detail matters and you cannot do it alone. You will need to speak with a skilled personal injury attorney that will able to review the details of your case and still pursue damages for you and your family no matter what.

If you are insured, you have saved yourself a lot of trouble. You are then able to open an uninsured motorist claim with your own insurance company. No matter how much you pay monthly or annually for your insurance company, they do not like to payout money. If they have to pay you, they will likely take responsibility for your damages. Pain and suffering is not a thing they are concerned with.

While you may be suffering physically, your insurance company may not be able to help you with continued physical therapy. If you cannot measure the dollar amount of loss, you will likely not get it. Insurance companies will likely not pay loss wages to you either.

This is why it is best to speak with an attorney. Although insurance companies give you a hard time in granting you the damages you deserve, this does not mean you cannot be awarded them. Open a claim as soon as possible and speak with an attorney. In times like these, you or your loved one need to focus solely on healing so that you may return to your normal life, or as closely to it as possible. With the right attorney, everything will be handled properly. Many personal injury attorneys offer free consultations. Before accepting whatever is thrown at you, speak with a car accident lawyer Dekalb County, GA offers so you can get all the help you deserve to be financially compensated for your loss, no matter the circumstance.

Contact Andrew R. Lynch, P.C. for their insight into personal injury cases and car accidents involving uninsured vehicles.

Rear-End Motor Vehicle Accident Injuries


Car Accident Attorney Dekalb County, GA

When you are a victim of a car accident, there will likely be both property damage and bodily injuries. It is always expected to sustain some sort of injury when you are involved in a motor vehicle accident. While the extremities of said injuries may vary, rear-end motor vehicle accidents can cause a plethora of bodily injury types. A rear-end accident is caused by one vehicle striking the rear end of another. Although all injuries do not appear immediately, it is good to know what type of injury can be expected should you or someone you know become involved in a rear-end automobile accident.

Whiplash may be the most common injury someone will suffer in a rear-end car accident. The eminent force that comes from being struck in the back and sprung forward unexpectedly can easily cause tension in the neck and upper back area. Unfortunately, no matter the speed of the other vehicle, or impact of the crash whiplash is likely to be an injury almost anyone in any area of the car can suffer.

An injury that is far more extreme but also very common in a rear-end car accident are facial defects. The force coming from a car, especially at extreme speed cannot only cause whiplash, but in that sudden jerking motion, your face can strike anything in front of you. This may be the steering wheel, the dashboard, or even the headrest of the seat in front of you. Depending on where you are in the vehicle, and the force of the crash, it is possible to suffer a broken jaw, nose, and even lose a few teeth. All of these injuries require surgery.

No matter the extent of the injuries you or your passengers may suffer when involved in a rear-end motor vehicle accident, if you are not liable for the wreck, you should seek financial compensation for this unexpected curveball life has thrown you. Medical bills can be extremely overwhelming, especially while getting through the physical trauma caused by the automobile accident. You do not have to take on this load alone.

In Georgia, in most cases, if you are not the one who caused the accident then you have a legal right to recover financial damages. In other words, the person who is at fault for the accident is the one who pays for the effects of the accident. Any loss that you suffer due to the rear-end accident can be recovered by speaking with a skilled car accident attorney Dekalb County, GA relies on and pursuing a personal injury claim. If you or someone you know has suffered from a rear-end motor vehicle accident, speak with an attorney as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into personal injury cases and rear-end car accidents.

Tips for Driving in Heavy Traffic


Car Accident Lawyer

Those who live in heavily populated areas are well aware of the frustrations that come with heavy traffic. Heavy congestion on highways due to the high density of vehicles on the road are a normal occurrence during commuter hours. In fact, one of the most prevalent times for accidents to occur is during the commute ride home or, between the hours of 6PM-9PM. After work, commuters are racing home to make their afternoon and evening commitments. It’s no wonder the late afternoon hours are a time of day in which accidents are most likely to occur. Here are some tips drivers should adhere to when driving in heavy traffic areas:

Tip #1 Avoid Distracted Driving

According to reports from the NHTSA, distracted driving accounted for 3,400 fatalities in 2016 alone. When driving during rush hour, or in heavily congested areas, it’s important to reduce the number of distractions in the car. Traffic patterns, especially during rush hour can change in the blink of an eye. Before you realize it, traffic can come to a standing halt. Texting, handling your phone, or changing the radio station can cause your attention to be elsewhere.

Tip #2 Refrain From Aggressive Driving

Traffic can be incredibly frustrating, especially when stuck in traffic while in the process of trying to get home. Because of this, it can be easy to drive aggressively by cutting other drivers off or weaving in and out of traffic. Although driving this way may seem as though you are getting yourself to your destination faster, you are really only creating more problems with the flow of traffic and putting yourself at higher risk for an accident.

Tip #3 Keep a Safe Distance

It can be tempting to follow closely behind the vehicles ahead of you in efforts to inch closer down the interstate. Despite the temptation, it’s important to keep a safe distance from the cars ahead of you. Traffic can come to a sudden stop, making it difficult to stop in time. Additionally, stopping too quickly can result in a car behind you to strike the vehicle from behind. The most common rule of thumb is to keep yourself at least a three-second distance from drivers ahead of you.

Tip #4 Reduce Your Speed

Although traffic may be moving, albeit slowly, keep your speed at a reduced rate. The speed limit may indicate that you can drive 55 mph, but the traffic may not allow for it. Reducing your speed during heavily congested times is key. Doing so can give drivers the ability to quickly and appropriately respond when faced with traffic suddenly stopping or another vehicle pulling in front of you.

Tip #5 Look Ahead

Keep your eyes on the road, carefully paying attention to traffic patterns. Watching the traffic ahead, can help you to anticipate how you should be operating your vehicle. Observing brake lights ahead can be a good indicator that traffic may be coming to a halt ahead. This can provide you with plenty of time to reduce your speed or respond quickly.

More cars on the road have the ability to equate to a higher rate of accidents. Although there are certainly ways drivers can maneuver vehicles when faced with heavy traffic, sometimes, there is no way to avoid an accident. If you have experienced an accident, and believe the other driver was to blame, it may be a good idea to contact a car accident lawyer Milwaukee, WI trusts for their guidance. After a review of your case, they may be able to help in obtaining the compensation you deserve.  

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into car accident cases and tips for driving in heavy traffic.

The Most Vulnerable Areas of the Body During Car Accidents


Car Accident Lawyer

Car accidents can cause painful and complex injuries, in which a person must be ushered off the emergency hospital room right away. The severity of the condition can depend on several factors, including how fast the cars were traveling, at which direction the impact occurred, and more. Injuries like external bleeding, abdominal trauma, head injury, fractures, and neck injuries are just some of the more serious conditions that the body may sustain after a wreck.

The physical, emotional and financial toll a car accident may have on the victim can be insurmountable. To recover from such an incident, the victim may need to seek legal guidance to find out how to obtain compensation for what happened. Here we have answered a series of questions related to the areas of the body most vulnerable to damage, and how a person can seek restitution from the driver at fault.

Q: In what ways may a person sustain a head injury?

A: Head injuries can occur due to force or penetrating trauma, which can result in brain damage and/or bleeding. If the bleeding continues, it can cause a blood clot and put immense pressure on soft train tissue. A person’s head may whip forward and backward from impact, so rapidly to the point where the brain hits the inside of the skull. Common head injuries for car accidents include concussion, intracerebral bleeding, and brain inflammation.

Q: What bones are most vulnerable in a car accident?

A: The force from the car accident can cause the body to twist and be thrown against the interior of the vehicle in such a way, that the skull, ribs, and extremities are particularly vulnerable. A skull fracture may accompany a concussion, and blood vessels of the brain can get lacerated. If a skull fracture occurs, there is typically external blood seen oozing from the site. The chest wall may be hauled against the dashboard or steering wheel, causing multiple rib fractures. The bones of the extremities are vulnerable to breaks, as a driver may put out his or her hands to brace themselves for the collision.

Q: What joints may become dislocated during car accidents?

A: Joints that are often dislocated during car collisions include the shoulder, elbow, wrist, knee, ankle, and hip. Symptoms of joint dislocations can entail severe pain, headaches, dizziness, agitation, memory loss, blurry vision, ear ringing, lethargy, weakness, pale skin, rapid heart rate, and bluish skin. It is recommended that anyone who has these symptoms goes to the nearest emergency room for immediate care.

Q: I received medical treatment for my injuries, what can I do about my bills?

A: Victims in car accidents may be left with hefty medical bills to pay. An innocent driver who suffered injuries because of a careless driver on the road can seek compensation through filing a civil lawsuit. Victims in such collisions can talk with a car accident lawyer Longwood, FL relies on for advice on how to proceed. The restitution you receive can help cover medical bills related to car accident injuries.

Thank you to our friends and contributors at David & Philpot, PL for their insight into car accident cases and vulnerable areas of the body in an accident.

What Should I do after being in a Bicycle Accident?


Bicycle Accident Lawyer Dekalb County, GA

Suppose you are on your bicycle taking your normal commute to work, and you are struck by a motor vehicle. The pain from bicycle involved accidents are typically far more excruciating than a regular motor vehicle because of the direct physical contact the body makes with the car involved, and the contact the body makes with the ground. Bicycles are a means of transportation for several people. Whether it is for exercise, leisure, sport, or everyday commute, bicycles are just as convenient as vehicles, and the cost on gas is very low. However, the risk of being struck by a car while riding your bicycle is not exciting.  The at-fault party can be held liable with their insurance company and you have a right to file a personal injury claim for damages.

There are no seatbelts to keep you from propelling long distances, or a door or bumper to protect a bicyclist like there is in a car for a driver or passenger. The only option you may protect yourself from harm on a bicycle is with a helmet and possibly kneepads. Depending on the direction the car is coming from and the speed the vehicle is going, bicycle injuries can range anywhere from minor to deadly. So extreme that you may need to seek medical attention immediately and your life can change instantly. Due to the intensity of these injuries, it is best to speak with a skilled attorney that is able to do the work that you may not be able to handle while you are healing and recuperating. Insurance companies are not always eager to pay out monies to other parties, and the right attorney has the resources available to negotiate financial compensation.

In instances like these it is best to focus on healing. Medical bills, lost wages, and pain and suffering will be overwhelming as is. If you or someone you know has been the victim of a bicycle accident with a motor vehicle, call a knowledgeable attorney in that area so that financial burdens may be lifted. No one wants to have to deal with the physical pain of being involved in a bicycle accident with a car. To make matters worse, you don’t have to deal with everything else on your own, speak with a bicycle accident lawyer Dekalb County, GA offers at Andrew R. Lynch, P.C. that can review all of the facts of your case and build a case in your defense to handle the other details in your case.

When Your Case Reaches A Settlement


Catastrophic Personal Injury Attorney Georgia

So you have had an open personal injury case for some time and it has now reached the time where an agreement has been made. It is best to be well informed of what happens after your settlement in a personal injury case. While every case has statute of limitations, there is no official time that your case will come to a conclusion. Depending on the case, insurance companies will not immediately accept liability and are sometimes hesitant to pay out, they would rather negotiate some times as long as they can.

It is important to know that the accused party, or liable can fight your claim and cause your case to be drawn out even longer and delay the time you are paid. The alternative is to fill out paperwork required to release your check to you once your attorney receives it. With most personal injury cases, attorneys and insurance companies will try to reach a settlement and avoid trial. When a case is taken to trial, because there are now more factors included, the steps to finalize the settlement are a bit drawn out.

As the case is coming to an end it is best to work closely with your attorney to ensure that all documentation is completed and prepared for all other parties involved. If the case has to be taken to trial a court must be notified typically within 30 to 60 days that the case has reached a settlement. Once you receive word that your case is finalized and checks are due to be distributed, they will typically go to your attorney. From there your attorney will make sure all of your medical bills are paid, and take their attorneys fees as agreed upon in your initial client-attorney contract. After this, you will receive your check. Be sure to go over all of the medical facilities bills and records with your attorney so that no bill is neglected and pops up later to be your responsibility. If there are issues that you have regarding the terms of the settlement, meet with your attorney immediately to discuss and resolve all problems, the attorney will place any monies not agreed upon into a trust account until there are no more issues.

After so much time dealing with a personal injury case on top of recovering from physical pain, you may be very excited to receive your settlement check. Do understand that if you are not satisfied, it is okay to express this with your attorney. If you do not have one, please speak with a skilled catastrophic personal injury attorney Georgia relies on at Andrew R. Lynch, P.C. as soon as possible.

Dental Injuries Following an Accident


Dental Injury Lawyer

Accidents take any number of forms and can result in a wide range of injury, from smaller scrapes and bruises to major bone fractures, deep wounds and cuts, and even missing or damaged teeth. Dental injuries can be particularly challenging, as they involve healing at the physical, cosmetic, and even emotional level. If you have suffered a dental injury, you may want to contact a lawyer so you can find professional advocates who can help ensure you receive successful treatment, repair, and healing of missing or damaged teeth. Here are 3 types of dental injuries and emergencies that can be addressed with the help of a trusted dental professional.

Automobile Accidents

Car accidents are all too common, and can be cause for many unnecessary dental emergencies such as chipped, cracked, or missing teeth. According to the National Highway Traffic Safety Commission, a whopping 94% of these accidents are the result of human error. Thankfully, advances in modern dentistry have made effective repair available to more people than ever, helping patients leave the stigma of damaged teeth with the help of things such as life-like dental implants. With dental implants, procedures are available that can replace any missing or damaged tooth with a constructed replacement that feels and looks natural.

Workplace Mishaps

Second to car accidents in the number of frequency, many individuals experience major dental injuries on the job, especially in more industrial or physical settings. Common injuries may include chipped teeth, tooth luxation (loosening), or impact that can cause tooth avulsion. If you experience any of these events, it is important to seek professional dental help immediately to prevent long-term damage to your oral health. In extreme cases porcelain veneers may be the best option for treatment, which can usually be done in as little as two visits to your dentist.

School Sports-Related Accidents

For children and young adults, this can be one of the most prominent places for dental injuries to occur. From football games to swim meets, baseball games to wrestling matches, dental injuries can come quickly and without warning. It is important to have a trusted family dentist you can turn to quickly address your needs or the needs of your child. Time is of the essence if teeth get damaged or cracked, as bridgework or crowning may be necessary.

No matter the type of injury you or a loved one may suffer in one of these types of scenarios, it is paramount to seek professional dental treatment. If cost is an issue, be sure to consult a legal counsel who can help you navigate your individual case so that you get the care you need and deserve.

Thanks to our friends and contributors from Timbercrest Dental for their insight into dental injuries.