Nursing Home Abuse: What You Need to Know

Unfortunately, many elderly people who live in nursing homes are subjected to abuse in many forms: physical, emotional, financial, etc. Nursing home life is already stressful enough with many accompanying emotional and financial costs. In this article, we will explore some of these types of abuse and examples of each. Finally, we will explore a type of legal case that can be pursued in response to such actions of abuse, the personal injury case. We will conclude by discussing what you can do if you or a loved one have become victims of such abuses.
Physical abuse in nursing homes can come in many forms. Hitting, pushing, squeezing and all other unnecessary violence can result in bruising, broken bones and other physical injuries. Instances of physical abuse in nursing homes are always unjustified and warrant legal recourse. If you have any reason to believe that you or a loved one is being physically abused in a nursing home, you should contact a San Antonio nursing home abuse attorney to discuss your rights and options for legal recourse.

Emotional abuse is much harder to prove but might be more ubiquitous. This type of abuse can be in the form of yelling, insults, unnecessary remarks intended to degrade an individual, etc. This type of abuse usually accompanies physical abuse. Signs of emotional abuse include depression, odd behaviors, unusual quietness, etc. If you think that someone you know might be experiencing emotional abuse in a nursing home, you should perform more research and contact a lawyer to discuss your options.

In addition to physical and emotional abuse, there are also countless instances of financial abuse. Many elderly people are housed in nursing homes because of mental and physical deficiencies. Sometimes workers will take advantage of mental deficiencies by cashing resident’s checks, forging their signatures, stealing their items or otherwise. Nursing homes are already expensive, and the devastating costs of theft and fraud can leave an elderly person with little if nothing at all. If you think that someone you know is the victim of financial abuse in a nursing home, please contact a San Antonio nursing home abuse attorney to find out if they are eligible for legal representation.

If any of these abuses occur, an individual might have a case for reparations from personal injury. A personal injury case can be made for negligence or intentional acts and typically has four criteria that must be met:
The alleged party had a responsibility to a certain behavior or action

  1. That party failed to maintain that behavior or action
  2. That failure caused you harm
  3. You suffered financial costs due to the failure

If your case meets these criteria, you might have a personal injury case. To be certain, conduct your own research and gather as much evidence as you can to present to an attorney. Nursing home abuse is unjust, and if you find yourself victimized by any of the aforementioned behaviors, you should seek reparations.

Earths Natural Clay

Clay is a more natural alternative to help regulate the body and its ailments. Clay’s powerful negative ionic charge draws out toxins in the body to promote overall wellness. It can be used to get rid of things such as

  • Impurities
  • Free radicals
  • Fungus
  • Bad bacteria
  • Ear infections
  • Sinus infections

Clay can also be ingested, so it can also expel any toxins from within the body’s system as well as from out. To ingest the clay, mix one part of safe-grade clay from a reputable source with eight parts water. For effective in maintaining the overall wellness, one should take this mixture twice a day, once in the morning and once in the evening. Doing so may cause constipation at first, but that is a normal symptom, it is a sign the clay is working and pulling out all the toxins at once. For constipation relief, try natural laxatives in addition to the clay if it causes any discomfort.

Clay is one of many natural remedies intended to better physical ailments through a softer approach than pharmaceuticals. Though it may be used in conjunction with other medicines, clay is better used at least three hours after ingesting other medicine so that it does not interfere with it functions.

It is important to attune to what a specific body needs, clay may work wonders, but it is not for everyone. After treating the skin with clay mask, redness is normal, as it means that the clay has increased circulation in the area, but if you feel that the amount or type of redness is worrisome, or are uncomfortable, then cut consumption in half.

Common Reasons Why Long-term Disability Claims are Denied

You have filed a claim to get long-term disability benefits and you are confident that it is going to be granted. But you soon find out that your claim has been denied. Why did this happen? Firstly, insurance companies are businesses, so they may be denying your claim in bad faith just to save money. Secondly, your claim may have a flaw in it that has forced the insurance companies to deny it.
According to the website of Fields Disability, denied claims can be appealed, so insurance companies can reconsider their decisions. That is a good thing, especially if the denied claims are legitimate. But why are claims denied anyway? Below are some of the most common reasons why.

You are not disabled

It is a disability insurance, so obviously, only those who are disabled can enjoy its benefits. But what counts as a disability? That will depend on your policy with the insurance company. You have the right to get a copy of this policy and review it, so you will know what traits account for a disability.

You are not getting regular treatment

This kind of insurance often requires you to have regular visits to a specific physician, to emphasize the legitimacy of your disability, severity of the medical condition, willingness of the patient to be cured, the duty of the physician to make that happen, and the personal and financial hassle of it all. There may be some wiggle room to what counts as regular, but usually, it means bi-weekly or monthly.

You don’t have enough proof of disability

You cannot just file a claim and declare that you are disabled. You have to prove that you are disabled and that it is preventing you from working long-term. The best proof is to have medical records. Two problems can arise from here. First, you may have enough medical records but have failed to properly present them to the insurance company. Second, you may not have enough medical records because your physician is not properly documenting your treatment.

You are still able

Medical records and physician opinions should be very specific on your condition and what your limitations are, because if the insurance company has found out that the claim is not accurate, the claim may be denied or your approved coverage may be cancelled. There may be instances where insurance companies hire investigators to make sure that you are truly disabled and not able to do what you claim you are not able to do.

Possible Causes of Traumatic Brain Injuries

The brain is one of the most important body parts, so damaging or injuring it can have devastating effects. Many brain injuries are sustained because of trauma or force that has come from impact, causing cognitive problems such as difficulty in reading, writing, and speaking, and sensory problems such as the partial or total loss of sense of smell, hearing, and sensitivity to light.

Traffic accidents
One of the most common causes of traumatic brain injuries are crashes and collisions on the road, whether they involve car and truck drivers, motorcyclists, bicyclists, or pedestrians. For drivers and passengers, they may sustain the injury after banging their head on the steering wheel, windshield, or any other hard objects in the vehicle. For motorcyclists, bicyclists, and pedestrians, the injury may be sustained after a collision sends them crashing into the pavement, pole, hydrant, or any other hard object or surface.

Sporting activities
Traumatic brain injuries can also be sustained in sports, especially those that involve a lot of force and collision. The most common sports that can cause traumatic brain injuries include basketball, football, and soccer.

Falling accidents
You can slip, trip, and fall in a certain angle where you can hit your head and sustain a traumatic brain injury. This is especially true on hard slips and trips, and falls from elevated surfaces. These accidents can happen because of a lot of hazards, such as spilled drinks, loose cables, unattended holes in construction sites, and defects on escalators, elevators, and stairs.

Assault cases
Getting attacked is also a primary cause of traumatic brain injuries. The most common assault cases involve gunshot wounds to the head. But it is not unheard of to sustain traumatic brain injuries from baseball bats and even fists.

One of the few good things about traumatic brain injuries is the fact that it can be taken to court. According to the website of the South Carolina personal injury lawyers of Truslow & Truslow, a party whose actions or negligence have led to injury or death may be held liable for a personal injury case.

Weak Roof Pillars: The Cause of Easy Roof Collapse that can Result to Serious Injuries or Death

Other than head-on collisions, roof crush or roof collapse during a rollover accident is another motor vehicle-related accident that can result to severe injuries or even wrongful death. Rollover crashes severely injure at least 24,000 individuals and kill up to 10,000 in the U.S. every year and, though any vehicle can roll over, taller and narrower ones, such as pickups, SUVs, vans and buses are those more prone to this type of accident due to their heavy tops.

Many vehicles have been designed with a reduced strength and size of roof and supporting structure. This is in order to lessen the weight and the cost of vehicles. Weak vehicle structure, however, also significantly diminishes the safety of the driver and other passengers. In fact, weak roof structure easily causes car roofs to crush down on the driver’s head and spine – the major cause of fatality during rollover accidents.

To make a cars’ roof structure stronger, the government established the following roof crush resistance standards:

  • Federal Motor Vehicle Safety Standard 216 (FMVSS 216)/49 CFR (Code of Federal Regulations) 571.216 – for multipurpose passenger vehicles (MPVs), passenger cars, buses and trucks with a gross vehicle weight rating (GVWR) or gross vehicle mass (GVM) of 2,722 kilograms (6,000 pounds) or less;
  • Federal Motor Vehicle Safety Standard 216a (FMVSS 216a)/49 CFR (Code of Federal Regulations) 571.216a (upgraded standard) – for multipurpose passenger vehicles (MPVs), passenger cars, buses and trucks with a gross vehicle weight rating (GVWR) or gross vehicle mass (GVM) of 4,536 kilograms (10,000 pounds) or less. This, however, does not apply to some types of vehicles, like school buses, some convertibles, and trucks built in two or more stages.

One reason why car roofs collapse is roof pillar failure. Car pillars are the vertical structures that support the roof of a car. A car usually has six roof pillars, which go in pairs: the A-pillars, B-pillars, and C-pillars. As these pillars’ main function is to support the vehicle and keep the roof from crushing down on vehicle occupants during a rollover accident, these then serve as the driver’s and passengers’ best protection.

Many road safety agencies hold manufacturers liable for pillar collapse during rollovers. As explained by a Milwaukee car accident lawyer a vehicle’s structural defects are difficult or impossible for consumers to identify before they become apparent in an accident. This means that a driver will have little or no opportunity to take precautionary measures to account for the flaw. Now, in the event of an accident, any car accident lawyer will agree that automakers should be held accountable for the harm that results from their failure to build a structurally sound vehicle.

What Does Motorcycle Insurance Cover?

Given the fragile nature of motorcycles, having insurance coverage can be critical. According to the website of Habush Habush & Rottier S.C.®, even a minor accident can result to terrible injuries which could mean huge medical expenses on your part. A recent report by the National Highway Traffic Safety Administration (NHTSA) revealed that there were 4,586 deaths due to motorcycle crashes in 2014.

Having motorcycle insurance can help defray the cost associated with accidents. But what does it cover? Depending on which state you come from, the coverage may vary. Some policies may provide bodily injury and property damage liability. Others will include uninsured/underinsured motorist coverage while others will have personal injury protection. Let us break down each type of insurance and find out what they cover.

Liability Insurance

Liability insurance provides coverage for bodily injury and property damage and is almost required in every state. This type of insurance shoulders the medical costs and repair expenses of another person. When deciding on liability coverage, it is always a good practice to get as much protection as you can afford.

Comprehensive and Collision Coverage

If liability coverage shoulders for the driver’s expenses after a crash, collision coverage shoulders the cost of repair of your bike if you were at fault. It also shoulders the cost of damage to riding apparel and helmets.

On the other hand, comprehensive coverage provides protection to your motorcycle from theft as well as from falling debris. It can help defray costs for damages or for replacement of your motorcycle. Comprehensive and collision coverage includes a deductible which you will have to pay from your own pocket.

Total Loss Coverage

After all the damages are added up, total loss coverage will shoulder the suggested amount of a manufacturer for a current model year motorcycle of similar make and model. If your policy does not have total loss coverage, your motorcycle is covered for its current day value.

Medical Payments Coverage

Riding a motorcycle entails a lot of potential risks on your part. For this reason, you need to have sufficient amount on your policy to cover for any medical expenses especially if you do not have any health insurance.

Uninsured/Underinsured Motorist Coverage

Due to its small size, motorcycles can also be difficult to spot on the road. So you can imagine what will happen when an uninsured or underinsured driver collides with you at an intersection. This is where uninsured/underinsured motorist coverage comes in. It will shoulder your expenses when a property is damaged or you get injured.

Hazards of driving an 18 wheeler while exhausted

Many families are devastated every year in the U.S. when they got involved in serious vehicular accidents involving 18 wheeler trucks. Moreover, families are in great danger when drivers of huge trucks decide to work beyond their work hours.

In 2013, the National Highway Traffic Safety Administration (NHTSA) revealed that a total of 3,964 people were killed in accidents involving huge trucks. In the estimated 342,000 large truck accidents recorded in that year, 95,000 people suffered injuries. The website of the lawyers at Ausband & Dumont says that falling asleep behind the wheel is one of the unsafe driving behaviors practiced by truck drivers. Though the Federal Motor Carrier Safety Administration (FMCSA) strictly regulate the “hours of service” rendered by truck drivers, some trucking companies or truck drivers themselves chose to work overtime. One of the infamous truck accidents involving an overly fatigued driver took place in June 2014 in New Jersey. A vehicle containing comedians including Tracy Morgan was rear-ended by a Walmart truck. The collision resulted in one person dying, and others being left with injuries. Morgan, who was critically injured in the crash, had his professional career severely affected. The Walmart truck driver involved had been charged after federal investigators learned that he was awake for over 28 hours before the collision took place. National Transportation Safety Board (NTSB) Chairman Christopher Hart said Walmart did not have a well-defined “fatigue management program.” Treating injuries sustained in semi-truck accidents often is expensive and families who lost their loved ones in such incidents are left struggling with huge financial loss due to funeral expenses.

Aside from careful screening, truck companies should also provide proper training programs to their drivers for them to promote safety on the road. Fatigued truck drivers who are involved in accidents often are incapable of compensating their victims; however, a lawyer may possibly help truck accident victims get financial assistance if the driver involved was working for a company.

Felony DUIs

Everybody knows what a DUI is (or have a general idea anyway). Technically, it means driving under the influence, which may be drugs or alcohol. In a few states it is called DUII. However, it is typically associated with being charged with drunken driving.

Generally in most states, DWI is a misdemeanor and carries some jail time, hefty fines, and license suspension for the first-time offender. However, there are conditions when drinking and driving may be considered a felony, and you don’t want that since a felony holds a much higher penalties than misdemeanors.

But maybe not all people detained for drunk driving are actually intoxicated, or there may be extenuating circumstances which can affect the charge.

Drunk driving has been a hot problem in law administration in the last few years. As a result of a large number of DUI-related vehicular accidents, given the chance of even a minor probably cause, drivers are pulled over for a talk and sobriety test. Sometimes referred to as”impaired” driving, 1.4 thousand people in the US are detained every year for drinking and driving.

According to the website of The Law Offices of Mark. T. Lassiter,  a felony DUI may be slapped on you in most cases if you:

  • Have a blood alcohol level (BAC) higher than the legal limit
  • Are a repeat culprit (in a few states a second offense elevates DUI to a felony if the events occur within a certain interval)
  • Caused bodily injury or death to one or more individuals (actually if it is your first violation,)

In case you’ve been charged with a felony DUI, you will need an attorney with a thorough grip of criminal-defense legislation in order to avoid a conviction or at minimum, lessen the charges. The effects of a felony conviction could be life-altering, and every attempt should be built from avoiding it.

Make Your Life Easier With Mobile Apps

If you are in possession of a smartphone, go to the app store–can you count all the apps? Probably not. With all the proliferation of a technology operated society, we are also finding an increase in the number of apps available for smartphone users. From Angry Birds to apps that track the number of calories you burn off, there seems to be a program for every part of our lives.

However, what about a program that is able to make your work easier? According to the website of Big Momma Apps, nowadays there are programs that allow lawyers to communicate with clients through one click on their smartphones. With legal programs for lawyers, solicitors, and clients in innovative ways that are new may connect. Firms may also customize these programs specifically because of their firms and particular clients. In manners such as these, smartphone apps are being integrated with our everyday life in a manner like never before.

Technology is an irrefutable portion of our present time and is becoming more than merely a path to call individuals and perform games when we are bored. As a society, we consistently have our phones in our hands. Corporations are taking this engineering visibility a step further and allowing lawyers to utilize their customers to be contacted by them more easy than ever before. The phrase “there is an app for that” appears to be becoming more and more accurate regular.

Maintaining Child Support Agreements After a Divorce

Divorce proceedings certainly are a complex matter that by nature must be treated with a clear mind and respect. Often a clear mind is hard to attain when both parties seeking a divorce are mourning, confused, and easily disturbed. These reasons highlight the reason it’s really important to have a fair and reliable lawyer to help in mediation when the success and belongings that have been collected collectively by the couple are being divvied up.

In all divorces, compromise is an essential and practical allocation of each and every party. Dividing properties that are expensive, automobiles, real estate, and work gains are among frequent possessions that an understanding is substantially reached by partners on. Nevertheless, child custody is always certainly one of the most difficult issues on which an understanding must be reached by parents.

As mentioned on the site of Marshall & Taylor PLLC, deciding which parent gets primary custody of a young child, attorneys will frequently decide guidelines for child support owed by the parent granted secondary guardianship. This fiscal preparation demands foresight which is not insensitive to the kid’s changing needs and every parents’ financial means.

Because both the needs of the little one, along with the revenue of every parent, will possibly change, many child-support agreements are able to be reversed with regard to these factors that are fluid.

« Previous Entries