Nursing Home Abuse
Millions of elders living in nursing homes are victims of abuse every year and are not even aware of it. Elder abuse in nursing homes can be difficult to detect and it is not uncommon for cases to go unreported. Though many elderly residents in nursing homes are treated well and cared for in the manner in which they should be, abuse still continues and is much more prevalent that people wish to believe. Nursing home abuse is something that should definitely be of concern; seniors who have been abused have a 300% greater chance of death in the 3 years following the abuse than those who are not abused. Statistics show that nearly 1 in 6 nursing home residents are the victims of abuse or neglect every year, and although legislatures in all 50 states have passed anti-elder-abuse laws, nursing home abuse continues to occur. Nursing home abuse can include any of the following: Physical abuse – may be intentional such as hitting or pinching, or it may be due to neglect including overuse of restraints and lack of physical care Psychological abuse – this may be harder to identify, but it includes yelling, criticizing, humiliating or shaming of the patient. Sexual abuse – any unwanted sexual attention or exploitation Financial exploitation – may include taking advantage of access to patient’s financial matters, stealing, or otherwise compromising a patient’s financial status. Neglect – often times may be unintentional and a result of inadequate staffing, but nevertheless it is considered to be abusive. Instances of neglect may include, personal hygiene care not being met, not provided with food, clothing,...Staying Safe at Work & Understanding Workers’ Comp & Personal Injury Cases
If you’re injured on the job, you’ve probably been told that the only compensation you can get will come from workers’ compensation insurance held by your employer. While this is generally true, there are other times when you can sue for personal injury compensation as well. Learn more about how workers’ comp and personal injury claims can sometimes overlap. Workers’ Comp Usually, if you’re injured on the job, you’ll file a workers’ comp claim. Workers’ compensation is insurance your employer carries for this reason. You don’t need to show proof of fault for a workers’ comp claim. You simply need to show that your injury occurred on the job and is somehow connected to your work. Under workers’ compensation, you get non-taxable income that equals about two-thirds of your average pay. You’ll also get compensation for your medical care and permanent injury. Personal Injury Claims If you’re injured due to the negligence of another person, you can file a personal injury claim. However, in order to recover damages, you have to prove your injuries and show that the other person was at fault. Personal injury settlements typically include compensation for lost wages, loss of future earnings, medical expenses, and property damage. Occasionally, compensation can also include pain and suffering. Areas of Overlap While workers’ comp and personal injury usually handle two different groups of people, there are times when the two will overlap. In these cases, injured workers might be able to file a workers’ comp claim and a personal injury lawsuit. For example: If a defective product injures you on the job, you might be able to sue the manufacturer...Nursing Home Abuse and Neglect Due to Corona Virus
The coronavirus pandemic has devastated the nation as experts scramble to figure out the best way to contain the disease and protect vulnerable populations. One of the most vulnerable populations are the elderly, and unfortunately for some groups of elderly, attempts at containment, quarantine, and protection may have been too little too late. Here David W. Singer and Associates answer your legal questions when it comes to nursing home neglect and coronavirus. Am I able to sue a nursing home for coronavirus (COVID-19) infection and injuries?- As the disease spread rapidly on U.S. soil, nursing homes quickly became hot spots for the spread of the virus. For many nursing home residents, infections such as coronavirus (COVID-19) may be especially fatal. This is the reason why nursing homes and assisted living facilities are required by federal law to monitor residents for the presence of infections in order to minimize the occurrence of infection along with attempting to control outbreaks. If the appropriate protocols to identify and limit the spread of coronavirus (COVID-19) were not appropriately implemented in a nursing home facility, then they may be open to legal action. The measures that nursing homes typically take in order to prevent infections and outbreaks- When an infection control protocol is put into action at a nursing home or long-term care facility, workers across all programs, services, and settings will collaborate with the shared aim of: Minimizing the risk of infection in individual residents Lessening the risk of transmission among and between residents and healthcare workers Lessening the risk of injections developing in residents that are related to the use...The Dangers of Summer Driving
While summer usually means vacations and trips to the beach, it’s also a dangerous time for teenagers to hit the road. The AAA Foundation for Traffic Safety calls these months the 100 Deadliest Days because teens are more likely to be involved in a deadly crash. Learn why these days are so dangerous and what you can do to help you and your teen drivers stay safe. Why Is Summer Driving So Dangerous? We know that a car accident is a common occurrence during the summer months, but why is summer driving more dangerous than winter? There are a few factors that stand out. First, there are typically more drivers on the road. Summer is a favorite vacation time, especially for families, and a lot of people head out on annual summer road trips. Summer also means more teen drivers on the road because they’re not in school over the summer. Additionally, there is more construction on the roads, and obstacles like detours can cause confusion with drivers which may lead to more accidents. According to the AAA Foundation for Traffic Safety, the time between Memorial Day and Labor Day sees the average number of fatal teen driver crashes climb 15 percent when compared to the rest of the year. Teens’ inexperience in dealing with a variety of driving situations, combined with more time spent on the road during the summer, is the main factor behind this increase. Motorcycles are another concern in the summer when riding conditions are best for much of the country. Motorcyclists that don’t have the ability to ride for several months out of the year may have weakened reflexes, especially...Personal Injury Cases: Steps to Take, Tips to Maximize Settlement, & More
Understanding Personal Injury Settlement Pain and confusion are often results from any accident. More common from are personal injury cases that could bring even more devastation to parties involved. A personal injury case is legally recognized as disputes arising from an accident as a result of one or more people suffering various degrees of damages. What exactly is personal injury law? In laymen’s terms, a personal injury case may refer to any legal dispute resulting after a person was injured or harmed in any way because of an accident. Personal injury cases are filed when there is someone at fault and are legally responsible for the accident which has occurred. Cases are then processed by a civil court proceeding which seek to better understand and find who is at fault for the accident. Civil court proceedings may be resolved through a court judgment or through an informal settlement process. When issues are not able to be resolved informally, a lawsuit will need to be filed. What is a formal personal injury case? Formal personal injury cases, also known as “formal lawsuits”, are the result of a plaintiff filing a civil complaint against another person, business, corporation, or government agency. The plaintiff’s claim usually involves the defendant to be irresponsible and careless and therefore causing the accident to take place, resulting in harm and injury. Can a decision be reached without going to court? Depending on the outcome early on in the case, yes, sometimes an informal settlement can be reached, meaning the issue is resolved without turning into a “formal lawsuit”. To reach a settlement early on in the...Can I Sue a Cruise Line for Personal Injury? [Cruise Accident Injury Claim Guide]
Over 12 million Americans sail on cruise ships each year. While most of these trips are fun and relaxing vacations, in some cases the unthinkable can happen. What Type Of Injuries Can You Sue For? With casinos and buffets, cruises have plenty of things to distract you from the laborious duties that get the ship to move. There’s plenty that can go awry from technical mishaps and people falling overboard to gastrointestinal outbreaks. Some common examples for cruise lines include: Deaths – We don’t expect it, but sometimes death can happen even when on vacation. These can be from medical conditions, suicides, homicides, or by falling overboard. Disasters – While rare, large-scale disasters can occur, such as ship collisions, capsizing, or even pirate attacks. Severe food poisoning Injuries Assaults or rapes Slip and fall accidents leading to broken bones or surgery Crimes – Robbery, smuggling, bomb threats, or even indecent exposure can be treated as crime-related accidents. Mechanical Complications – If something goes wrong on the ship, accidents like a fire or loss of power often results in claims Harsh Weather Causing rough seas (Hurricanes, fog, squalls can all result in accidents aboard ship) Medical malpractice by the inadequate medical care provided aboard board ship Slips, Trips, and Falls This category of common accidents makes it to the top of our list – and for good reason. A cruise ship is by its very nature an unstable surface for walking. Although their impressive size means that they are usually very stable, they are susceptible to weather conditions that can lead to instability. However, slips, trips, and falls often occur due to negligence....Slip and Fall Accidents
Slip and fall accidents are more common than you might think, with nearly one million occurring annually. While some result in minor injuries, others are considerably worse, resulting in broken bones and even death. Though they can happen anywhere from a simple trip to the grocery store to an extravagant cruise ship vacation, the sad fact is many slip and fall accidents are preventable. Let’s learn about the most common incidents and how you can avoid them. Common Slip and Fall Accidents Weather as the Culprit Slip and fall accidents that occur as a result of weather are common. The truth is you can’t control the weather. Thunderstorms, tornadoes, and even hurricanes can wreak havoc in and around property often resulting in hazards that turn in to accident sites. Businesses, including restaurants, shops, hotels, and more are responsible for sidewalks, parking areas, entryways, and interiors free of debris and water which can create slip and fall hazards. If you find yourself out and about before, during, or after a storm, be cautious as you go from place to place and avoid areas that might cause issues. Of course, you can’t always see slippery spots and falls with injuries do occur. Should you sustain an injury as a result of a weather-related slip and fall as a result of negligence on the part of a business, help is available for you. Wet, Uneven Surfaces – With or Without Weather Issues More than 50 percent of all slip and fall accidents are caused by wet or uneven surfaces. While some of these are the result of weather conditions, others are not....What to Do After a Car Accident Injury & How to Get Full Compensation
A Brief Guide on What to Do After a Car Accident Injury If you’ve ever been in a car accident, even a minor fender bender, you know how it can leave you shaken. That’s why it’s a good idea to read up on what to do after a car accident injury ahead of time. If it ever happens to you, you’ll be prepared! Even if you haven’t sustained an obvious injury, it’s important to take these steps as preventative measures. Some injuries, like whiplash and back injuries, might not be apparent immediately but will cause you untold pain and suffering down the line. 1. Safety First Assess the scene immediately to make sure everyone is safe. Call an ambulance if necessary. Next, turn on your flashers or set up flares surrounding the accident site to prevent additional motorists from getting hurt. 2. Take Notes & Plenty of Pictures of the Crash: Detailed notes and photos of the scene may help the court and insurance agencies decide who is responsible. Now that almost everyone carries a smartphone, it’s easy to document the scene of an accident with photographs or even video. Of course, you will want to take photos of the damage done to both cars. When taking photos of the scene, it’s important to document damage to your vehicle, but the position of vehicles and skid marks can also be crucial to determining exactly what happened in an accident. Pay particular attention to the road and surroundings, as well. If there is the possibility that weather, road conditions, or improperly maintained infrastructure played a part in your accident, you...The Different Types of Car Accident Insurance Explained
Over 140 million workers commute to work each day, a number that steadily keeps growing. With more and more cars crowding the roadways, chances are high that you’ll be in a car accident at least once. Crashes aren’t limited to rush hour. People indulge too much at parties or on special holidays and then get behind the wheel, making the roads unsafe. When you’re in a crash, it’s too late to start thinking about what type of car accident insurance is available. Keep reading to learn about your options before you really need it. Liability Insurance Liability coverage is the portion of your policy that pays for other’s injuries in an auto accident that you cause. Liability coverage has several different aspects to it, including property damage you cause to the other party in an at-fault accident. However, the portions relevant to personal injury claims are bodily injury liability limit per person injured, and bodily injury liability limit per accident. Most states won’t let you drive a car without liability insurance, which covers the basics in case you’re at fault in a collision. It’s always a good idea to carry coverage beyond what your state requires, just in case. The more protection you provide for yourself and your assets, the better. Comprehensive Insurance The majority of drivers- around 77% – purchase both liability and comprehensive insurance. Comprehensive is just like the name suggests – it covers a wide range of incidents. Get comprehensive insurance to cover losses due to bad weather, theft, damage from hitting a large animal, and more. Underinsured/Uninsured Motorist Protection Other drivers might not have as much coverage as you do, or any at all. Under-insured or uninsured motorist protection covers damages to...Most Dangerous Holidays to be on The Road
As the children head back to school, adults realize the holiday season is approaching. With the advent of the holiday season, comes a rise in traffic and accidents on the road. Recent studies confirm what travelers have always known – holidays are among the most dangerous times to be on the road. During the holidays, increased traffic, along with travelers driving in unfamiliar areas, and driving while tired or under the influence, means higher accident and fatality rates around holidays. Let’s explore the most dangerous holidays to be on the road, as well as ways to drive safer and smarter should you find yourself traveling during the upcoming holiday seasons. The Most Dangerous Holidays to Drive Studies show that holidays, in general, denote a nearly 35 percent increase in car accidents, with fatalities increased to nearly 40 percent. The two most dangerous travel holidays are Thanksgiving (100 percent increase in accidents) and New Year’s Day (95 percent increase in accidents). On Thanksgiving, most families travel the day before after work. They are typically tired and rushing after work, or on Thursday when they are rushed, distracted, and stressed trying to arrive at their destination on time. New Year’s Day means New Year’s Eve revelers who have been drinking, eating, and celebrating until early morning are on the road, increasing alcohol-related accidents. Independence Day (aka 4th of July) when drinking, driving, and accidents go hand in hand. Majority of accidents happen on Christmas Eve and Christmas Day, particularly when the holiday falls on a weekend. Memorial Day when everyone prepares for the start of summer and the season ahead. Labor...The Hollywood injury attorneys at David W. Singer & Associates, P.A. handle all types of accident injury cases in Florida.
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