When a Loved One Suffers Abuse in a Nursing Home

The idea of a loved one being abused while living in a nursing home assisted living center, or other elder care environment is a difficult thought to deal with. As more and more Americans reach retirement age every day and the average lifespan keeps increasing, the chances that you or a family member will have to live in a nursing home are high. But, many people don’t realize that nursing home and elder abuse is a growing, and unfortunately common, problem for many seniors.

Abuse, Neglect, and Malpractice

An elderly person who is injured in a nursing home or elder care facility can often sue that facility when its actions directly led to the harms the elderly person suffered. These types of cases are typically divided into one of three types: abuse, neglect, and malpractice. More here

Abuse. When nursing home employees intentionally hurt a patient, that’s nursing home abuse. Abuse can result from a variety of circumstances, such as unreasonable confinement, physical or psychological intimidation, or the purposeful infliction of physical injuries. In some situations, nursing home workers even commit sexual abuse against the elderly resident. Nursing home abuse can result in either physical pain or mental and psychological anguish.
Neglect. Neglect is slightly different than abuse. In a neglect situation, an elderly person suffers harm because a nursing home employee didn’t act responsibly in providing the necessary care. Whether that employee failed to act or was indifferent to the elderly person’s suffering, neglect can also result in psychological or physical harm.
Malpractice. In some nursing home environments, it’s common for nurses, physicians, or other medical personnel to perform procedures and provide an elderly person with healthcare. Like in any medical situation, a healthcare professional who negligently performs a procedure or who doesn’t act under the appropriate standard of care can commit malpractice when an elderly person is hurt as a result.

Financial Abuse

It’s also unfortunately common for someone in a nursing home to be financially abused by nursing home employees. Financial elder abuse occurs when a nursing home employee takes the elderly person’s financial information and uses it for his or her own purposes.

For example, someone with access to the elderly person’s financial information might open up a new account in that person’s name or take money out of a bank account. In other situations, a nursing home can overcharge the elderly person for services never performed.

Know the Warning Signs

While you can never be absolutely certain that you will be able to protect your loved ones from suffering harm in a nursing home, you can learn to spot the warning signs of possible abuse. These signs include:

Unexplained bruises, broken bones, or other injuries.
Ankle rashes, wrist rashes, or bruises from restraints.
Sudden unexplained weight loss.
Repetitive rocking or mumbling.
Obvious signs of depression.
Withdrawal from family members or loved ones.
Obvious fear when in the presence of nursing home employees or specific people.
Unexplained financial losses or new loans.

If you suspect an elderly loved one has been victimized in a nursing home environment, you should contact your attorney at the first possible opportunity. You can also contact the Administration on Aging at 1-800-677-1116 for information about how to report elder abuse in your state.

Negligence Laws

Negligence is an important factor that our lawyers evaluate when handling an accident case. We thoroughly investigate and review the circumstances involved with your accident when determining your ability to recover compensation.

Why negligence is a pivotal factor in injury cases

Negligence is a legal term that refers to a party’s failure to exercise reasonable care and the resulting harm. An example of negligence is a driver’s failure to drive safely or obey traffic laws. Individuals who drive irresponsibly, tailgate, take risks when changing lanes or drive while intoxicated are liable when their actions result in injury.

In a personal injury case, the court evaluates the degree of negligence for all parties involved ― which includes whether the injured party bringing the lawsuit had any negligence. The court can view talking on a cell phone as a contributing accident factor and assign you a percentage of fault. As long your fault does not exceed 50 percent, you have the right to recover compensation. However, the court reduces your compensation by your percentage of negligence. For example, if you were talking on a cell phone, but the other driver ran a red light, the court might decide the extent of your injuries were partly due to talking on your cell phone.. It may rule that 20 percent of the damages were your fault and 80 percent were the other driver’s fault. In this instance, if damages were $100,000, you could recover $80,000. More on this webpage
Types of negligence

Courts can also award punitive damages when defendants act with gross negligence. Courts instruct juries that gross negligence is conduct that is more extreme than ordinary negligence and is an aggravated or magnified failure to use the kind of care a reasonable person would use to avoid injury or property damage. The severity of the injury is another factor the courts consider and, in the most severe accident cases, wrongful death occurs.

Put your trust in a highly reputed auto accident law firm

Our attorneys offer a free consultation to discuss your injury case and how we can help you recover compensation. We take all personal injury cases on a contingency fee basis, which means you owe no fees unless we recover on your behalf. Please contact us to arrange a consultation.

Auto Accident Injury and Repair Resources – Odometer

An odometer is responsible for keeping track of the distance a vehicle has traveled. Modern cars normally contain digital odometers, while older ones have mechanical ones. The numbers on the digital readout are similar to those on an alarm clock. Depending on the age, mechanical models contain either five or six rotating disks. The disks roll through a set of tiny squares that display the current amount of miles your vehicle has journeyed. In updated vehicles, digital odometers are often incorporated into mechanical displays and positioned below the speedometer.

Aside from recording the total number of miles traveled, an odometer is also an indicator of the wear and tear that a vehicle has been subjected to. Sometimes, small used car dealerships trying to make an extra buck incorporate a technique in which they roll back a mechanical odometer to give customers the impression that the car has less mileage on it. There are laws that have been established to prevent fraudulent behavior of this sort; all garages and mechanics are required to maintain thorough documentation of odometer readings anytime a vehicle is serviced.

General problems and repairs

Mechanical odometers are easily repairable if they malfunction. However, electronic odometers must be replaced if something goes wrong. The primary problem with mechanical odometers is that the dials wear out, or the gears controlling these dials become stripped. The level of difficulty involved with fixing the odometer yourself is based on the automobile’s make and model; repair procedures will differ depending on the car. Here is an example of the instructions you would follow to repair a faulty mechanical odometer in a Porsche 933:

1. Carefully disengage the speedometer from the dashboard with a covered screwdriver.
2. Pry the rubber ring from the outer edge with a flat screwdriver.
3. Once you’ve loosened it a bit with the screwdriver, you should be able to pull it out manually.
4. Undo the trim ring and four screws located in the back of the unit. Make sure you remove the delicate metal ring from the assembly’s edge with caution.
5. There is a wide post on top of the slim post of the reset button. Steady the assembly to prevent the lever from being tampered with where it connects with the drive gears.
6. Push the speedometer needle into the shaft without yanking up.
7. Turn the needle until it stops, and cautiously pull the needle up while rotating it back and forth because it is a very fragile piece.
8. Take out the two screws in the faceplate.
9. Lift up the motor. Now, the drive gear and pod in should be in view. The pod should contain tattered or broken gear.
10. Insert a new gear in its place.
11. Complete steps one through ten in reverse to reassemble the dash. Again, handle the speedometer needle with care.

Basic maintenance

Unlike other parts of the car that are easily accessible, the odometer is an internal mechanism that should not be tampered with. You wouldn’t want to risk harming the speedometer needle simply for the sake of a senseless checkup; disrupting the odometer to inspect it for no apparent reason could easily damage it. Also, never reset the trip meter while the vehicle is in motion because it may negatively impact the odometer’s gears. It’s best to do this only when the car is parked or idle. Call us with any bquestions

Apartment Complex Fall Injuries

Personal Injury Lawyers: Apartment Complex Fall Injuries

Information on Claims and Lawsuits Against Apartment Complexes for Falling Accidents

Did You Know?

Our attorneys have won thousands of cases. Call us today to discuss your case.

Hundreds of people have fallen or died at apartment complexes. These accidents can be caused by the negligence of a landlord. The common types of accidents that can occur at an apartment complex are slip and fall injuries that have resulted in a serious injury or death, or tenants falling from a defective balcony that also resulted in severe injuries or death. If you have suffered injuries due to a fall in an apartment complex, or if you lost a loved one due to a fall accident, contact an attorney today.

Premises Liability

If you have suffered injuries due to a fall at an apartment complex then an appropriate claim to bring is a premises liability lawsuit. To succeed in a premises liability lawsuit you will need to prove the following:

You were injured;
The injury resulted in the fall; and
The landlord’s negligence caused your injury.
Wrongful Death

If you lost a loved one due to a fall injury or if your loved one died due to the negligence of the landlord at an apartment complex then an appropriate claim to bring is a wrongful death lawsuit. To succeed in a wrongful death lawsuit, you will need to prove that your loved one’s death was caused by the result of the negligence by the landlord of the apartment complex; that you, the family member, suffered a financial loss from the result of the death; and that you are eligible to seek the damages from the wrongful death claim. To prove that you are eligible, you need to prove that you are a surviving family member or beneficiary of your loved one, such as a parent, child or spouse.

Who Can I Sue?

Under Texas law, the general rule states that a landlord is not responsible for the safety of its tenants. However, there are several exceptions to this rule. Landlords can be held responsible for accidents that occur at their apartment complex. They have a duty to keep their tenants safe. If a landlord fails to keep the property safe, then the landlord can be held liable and a lawsuit can be filed against them. If you are unsure if you have a claim against your landlord, contact an experienced attorney to discuss your matter.

How Can an Attorney Help?

Premises liability and wrongful death lawsuits are very challenging and expensive. By hiring a professional and competent attorney who understands the law you will be provided with the quality legal representation that you deserve. An attorney will be able to stand up against the landlord who caused your injuries or caused the death of your loved one and achieve the best results possible.
At our law office, our attorneys will protect the rights of those who have been injured in apartment complexes. We will aggressively fight for the compensation that you deserve. Our attorneys have successfully litigated hundreds of cases for over 20 years. Contact our office today to receive a free consultation.

Personal Injury Lawyers » Apartment Premises Liability Investigations

Our Lawyers Can Perform a 3rd-Party Investigation Into Your Premises Liability Injury Case Against an Apartment Complex

If you or a loved one has been injured due to some defect that exists on the grounds of an apartment, you may be unaware that you have a cause of action to recover for the losses that you have incurred as a result of your injury. The way in which you may recover is through a premises liability lawsuit. Owners of apartment complexes are charged with a duty to ensure that the apartment grounds are free from any hazardous dangers that may inflict harm on the tenants or guests of the tenants. When they fail to maintain these complexes and an injury results, liability will be imposed.

Premises liability lawsuits can be very complex because of the differing standards of proof and evidence that is associated with these types of lawsuits. This is why it is so important that you have an attorney that is familiar with these types of lawsuits to fight your case for you. That is what we can provide for you at our law office. The attorneys at our firm have handled many premises liability cases that have resulted in favorable outcomes for our clients.

Our law office and Premises Liability Lawsuits

To illustrate, one of our attorneys handled a premises liability lawsuit recently that was incredibly successful. In that particular case there was a child that was playing on the second floor of an apartment complex when a banister came loose causing the young child to fall to the first floor and suffer severe brain damage.

What Did our Attorneys Do?

Initially, you must understand the concept of the parental immunity doctrine. This is because the opposite side attempted to state that our client was contributorily negligent in allowing the child to play near a banister where they may potentially fall and injure themselves. However, the parental immunity doctrine shields parents from claims of contributory negligence in situations like this. It essentially bars any claims for negligence against the parents of a child that suffered an injury under certain circumstances. Our attorney then filed a motion for summary judgment and won the argument that the parents should not be sued.

Following this victory, the defendant changed their argument and attempted to turn their efforts to designate the parents as the responsible third parties and used oral arguments and the judge allowed our attorneys to win this battle as well. Our attorney presented his side in oral arguments as the attorney for our law office and an attorney for the defense was also present. This is because of the idea that a child will play in the manner that this child did is to be expected. Therefore, allowing this banister to be loosely created an unreasonable risk to the children that lived in that building, and therefore the apartment complex should be held liable.

What Was the Outcome?

Did You Know?

Our attorneys have won hundreds of cases. Call us today to discuss your case.

Ultimately, our law office was able to settle the case at mediation. Mediation is a way to resolve a legal dispute by having both parties come to some sort of agreement in an effort to avoid the costly fees associated with trials.

Do you have a legal issue or question? Call us now.

At the end of the day, apartment complexes may be held liable for damages that occur to tenants and the guests of tenants if they do not ensure that their property is safe and free from any hazards that could potentially cause an injury. In order to be successful in a premises liability case you must have an attorney representing you that is familiar with these types of lawsuits. As illustrated through our law office’s victory in the above-described story, we are fully capable of handling your cause of action for you. We have the skill and expertise that is required in these types of lawsuits and will work diligently to ensure that you have the best theory of recovery available for your case to be successful. To discuss your potential lawsuit in greater detail, contact us.