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How to Pay For Medical Bills After an Accident

A visit to an emergency room is almost inevitable following a car accident. After all, it’s critical that you find out if you have any injuries and take steps needed to ensure a speedy and thorough recovery. Also inevitable are bills, from hospitals, ambulance services and other medical providers. All at once you  may feel bombarded with expenses. If you’re coping with the fallout from an accident and aren’t sure how to pay for it all, keep reading to learn some of your options.

No-Fault Insurance

Fortunately, there are a few different tools out there to help. One of the best is no-fault insurance. Most states have something called Personal Injury Protection - or PIP - no fault insurance. What’s offered varies from state to state. But in most cases, this policy can pay for your medical bills from a car accident, even if you caused it. Some of the things they provide include the following:

$10,000 for medical bills if a doctor determines you have an emergency medical condition

$2,500 for medical bills if your condition is not determined to be an emergency

Up to $10,000 in lost wages

In the best-case scenario, this type of coverage will be enough to take care of any bills before you have a settlement. For those with more severe injuries, however, this won’t cut it. In these cases, standard health insurance can help cover cost gaps. Still facing a shortfall? When your health insurance is exhausted, there are still a few more options.

Attorney Liens

An attorney lien involves working with medical providers to essentially trade treatment for access to funds from a future settlement. Plan on presenting proof of a pending settlement from your attorney to give specialists enough peace of mind to provide care.

Get a Settlement

A settlement is the holy grail of personal injury law and one of the best ways to get all of the money you need after an accident. The at-fault party’s insurance providers may try to offer you money to limit further legal action. But they will often low-ball you. Instead, secure a personal injury attorney willing to work on contingency – that is, working for free until they secure you a settlement. Nearly all personal injury attorneys will make this type of deal, which encourages them to work harder to get you a bigger settlement and themselves a bigger payday.

An automobile accident is stressful and potentially expensive when medical treatment is involved. Don’t let bills overwhelm you. Talk to a personal injury attorney, like a personal injury lawyer Trenton, NJ, about your options today.

Thank you to Davis & Brusca, LLC for their insight into personal injury law.

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The 3 Types of Compensation for Injuries

If you were injured, it is natural to seek compensation. Depending on the nature of the accident, you need to pursue compensation from a particular source. If you do not follow the correct procedure, chances are high that you will not receive anything. This guide will explain your options so you can make the right decision.

Workers' Compensation

If your injury happened while you were on the job, chances are that you should pursue compensation through workers' compensation. This is the system that protects every worker in the US from dangerous working conditions. To qualify for workers' comp, your injury must have happened while performing a work-related activity and while you were being paid to perform that activity.

If you were injured while on break, you cannot receive workers' compensation. Likewise, if you were injured while doing something completely unrelated to the job, even if you were on the clock at the time, you cannot file for workers' comp. To file a workers' comp case, you need to report the injury to your employer.

Personal Injury Case

If you were injured by the actions of someone else, and the injury does not qualify for workers' comp, then you should pursue compensation from the individual who injured you. If he or she does not willingly compensate you, then you can file a personal injury lawsuit to receive it. Even if an injury happened because of someone else's actions, if you were performing work-related activity together, then workers' comp is the appropriate source of compensation. Remember that you cannot seek compensation from both of these sources.

If you wish to file a personal injury case, you should first speak with a personal injury lawyer in Trenton, NJ. Even if you decide not to file, speaking with an attorney will answer most of your questions. It is not very difficult to schedule a consultation which costs you nothing.

Insurance

If your injury was not caused by someone else, and did not happen while working, then your health insurance policy is the only source of compensation available to you. However, you actually can receive compensation through your insurance alongside a personal injury case. Personal injury lawsuits usually take a long time to resolve, so your insurance can pay for your injuries in the meantime. When you win the case, the winnings will be used to pay your insurance provider.  Because workers' comp is technically considered a kind of insurance, you cannot use your health insurance policy alongside a workers' comp case. For this reason, many insurance companies actually refuse to pay for work accidents.

Thanks to Davis & Brusca for their insight into personal injury claims and types of compensation.

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The Cost To Hire a Personal Injury Lawyer

After an accident in which you are injured, money is often tight. You may not be able to work, and you may have medical bills coming due. If this is the case, you may have understandable concerns about paying upfront costs or hourly fees to a personal injury attorney. Fortunately, in most cases this is entirely unnecessary.

Contingency Fees

Rather than charging hourly rates, as attorneys in other practice areas might do, personal injury lawyers usually work on a contingency basis. This means that if you win a settlement or a verdict, your attorney gets a portion of the damages as compensation. However, if you end up losing your case, at the very least you may need to pay the attorney's expenses, but most lawyers will waive them so that you need not pay anything at all. It is customary for a personal injury attorney to offer free initial consultations and not to charge you any additional upfront costs.

Sliding Scale

The contingency fees that your lawyer receives if you win are usually expressed as a percentage of the total award amount. Some personal injury attorneys charge as little as 15% in contingency fees due to the high amount of competition in the field. Others may charge as much as 40%. The average contingency fee is 33%, or about one-third, of your total award.

However, some attorneys charge contingency fees on a sliding scale, meaning that the percentage may be different based on what point in the case the settlement occurred. For example, if your attorney was able to negotiate a settlement for you early on in the process, the contingency fee may be 33% or less. However, if the negotiations were unsuccessful and you had to file a lawsuit, the contingency fee may increase to 40% because your attorney is working harder and investing more time in the case.

Expenses

The attorney's expenses are a separate matter from contingency fees. These are costs that your lawyer incurs to bring the case to a successful conclusion. For example, if you needed to obtain medical records or expert testimony to prove your case, there would be a fee involved. Your attorney usually handles those fees as they come up and then gets reimbursed if you win the case and receive damages. Bear in mind that your attorney's expenses are not included in the contingency fee, meaning that they can increase the percentage of your award that your lawyer receives.

A personal injury lawyer in Trenton, NJ understands the financial realities that many accident victims face. Charging contingency fees is mutually beneficial to you and your lawyer alike. Contact a law office today to schedule a consultation.

Thanks to Davis & Brusca for their insight into personal injury claims and the cost to hire a lawyer.

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Motorcycle Accident: The Consequences of Speaking with the At-Fault Driver's Insurance Company

After a motorcycle accident, there are a few things you need to do: go to the hospital, call your family, contact your insurance provider and possibly reach out to a personal injury attorney. However, one thing you absolutely need not do is talk with the at-fault driver's insurance company. They will probably reach out to you, especially if the accident was severe, but you should not speak with them before contacting an attorney. While a simple conversation may seem harmless, the insurance company of the at-fault party is not your friend or ally. They will approach you to minimize their potential risk. Therefore, it is up to you to understand the consequences of speaking with them.

Accept Liability

Insurance companies are for-profit businesses, meaning they are more concerned about their bottom line than your legitimate claim, especially if they represent the other driver. If you agree to a meeting without an attorney present, then they may grill you on the specifics of the accident. They may ask repetitive questions hoping to find some sign you are being untruthful. Even if you are honest, they may twist your words to reduce their liability. If you feel you must sit down with an adjuster or insurance representative without an attorney, do not let them record the conversation, regardless of how they present the idea. You have no obligation to the at-fault driver's insurance company, and choosing to speak with them may limit your liability claim.

Reduced Settlement Offer

Another common insurance tactic is to make a small settlement offer sound good. They know that severe car accidents can leave victims feeling overwhelmed, unsure and struggling with mounting debt. They may take advantage of these feelings by painting a small offer as generous and life-changing while knowing full well that your claim likely holds a higher value. Again, insurers are in a for-profit business and do not want to give money away.

Eliminate Litigation Options

Finally, if you agree to sit down with the at-fault driver's insurance company without an attorney, and you agree to their initial settlement offer, you eliminate all future litigation options. Most likely, in the agreement you sign, the insurer will have a clause stating that you can take no future legal action involving or related to the accident. Therefore, by agreeing, you give away your right to make future claims, regardless of injury or ongoing medical care. Don't eliminate your options, have an attorney before agreeing to any meetings with insurance adjusters.

After a severe accident, the at-fault driver's insurer will probably reach out to you, but you have no responsibility to meet or discuss the accident with them. Contact an auto accident lawyer in Trenton, NJ to discuss your obligations and options as the victim.

Thanks to Davis & Brusca, LLC for their insight into personal injury claims and why to avoid speaking with the insurance company.

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Motorcycle Accident: Don't Fret your Finances, Personal Injury Attorneys Work on Contingency

First things first, surviving a motorcycle accident is a miracle, so thank your lucky stars. Next, it is challenging for any accident survivor to weigh the pros and cons of suing the liable party. While there is a desire and often a need for restitution, some people worry about the initial expense of filing a claim. After seeing the medical bills and repair costs adding up, who can blame them? Thankfully, victims of motorcycle wrecks need not fret about their finances because most personal injury lawyers work on contingency.

Contingency Fee Agreement

A contingency fee, in a nutshell, is an agreement that postpones the payment to your attorney, only collecting on those fees when you either settle or win your claim. However, it is necessary to understand the standard fee structure to make an informed decision.

Most attorneys will agree to a fee of 33.3% of your settlement or a minimum of 40% of a jury verdict. While this seems large, consider the amount of work they are doing on your behalf and where you would be without their help. Also, depending on the specifics of your case and the amount of a potential settlement, your lawyer may take a smaller percentage.

Fees and Costs

Once you agree on the attorney fees but before signing the agreement, discuss the potential costs. Some CFAs will already address standard costs, like copies, filing fees or research, but it is worthwhile to discuss other possible fees and to clarify what expenses require your approval. The reason this is important to cover is that attorneys take fees and costs separately from your settlement or jury verdict, further reducing your takeaway.

Disbursement Schedule

If you do not discuss fees and costs before settling or receiving a jury verdict, then you are in for an unwelcome surprise when your attorney gives you the disbursement schedule, which is a document stating your reward minus fees and costs.

Lost Case

However, another benefit of working with an attorney through a contingency is that you only pay when you settle or win your claim. Therefore, if you do not settle or win the verdict, then you do not have to pay the accrued fees, which also means that attorneys have an incentive to fight diligently for you throughout the mediation and litigation process.

While trials can cost a great deal of money, plaintiffs with personal injury claims can often find attorneys willing to work on contingency. If you were in a motorcycle accident and want to know if your injuries warrant legal action, contact an auto accident lawyer in Trenton, NJ, and set up a consultation.

Thanks to Davis & Brusca, LLC for their insight into personal injury claims and paying for an injury lawyer.

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Is Line of Sight an Excuse for Negligence?

Imagine for a moment you are taking your motorcycle out for a scenic Sunday drive when suddenly a motorist slams into the side of your bike while making a turn. They jump out of their car, asking if you are OK and apologizing for the accident, but then they say those all too familiar words, "I didn't see you." Is that an excuse? Would they have said the same thing to another motorist? Does riding a bike somehow give you magic powers? No. Your motorcycle is just as visible and tangible as their car, and now, so are your injuries. What can you do?

Stigmas and Motorcycle Riding

Unfortunately, motorcyclists are automatically in a battle with stereotypes and stigmas the minute they put on their helmet, leather jacket and hop on their bike. Some assume that all riders are in a gang, or that they are reckless. The truth is motorcycle owners differ about as much as car and truck owners, yet somehow, in accidents motorcycle owners feel put on the defensive, like in the scenario above.

Claiming that they did not see someone is not a valid excuse for negligence. How did the driver in the situation above not see you? Were their objects blocking their line of sight? Did they get distracted by their phone ringing or the radio blasting? None of these situations are your fault, and none of them excuse negligent behavior. Then the question becomes, can you seek legal action? Can you seek restitution? Yes, but it depends.

Understanding Negligence

Most states are at-fault states, meaning that in accidents, someone is the responsible party. However, some states are no-fault, meaning that each driver is responsible for the accident and any damages sustained. Therefore, no-fault states may restrict your ability to sue, but you may wish to consult an attorney because sometimes one party is willfully negligent or criminally negligent, meaning you can sue. At-fault states also have different rules regarding negligence. Some work under the label of pure negligence, meaning that whoever is most at fault is responsible for all damages. However, many states work with the concept of comparative negligence, meaning that each party is likely responsible for some percentage of the losses incurred.

Importance of Hiring an Attorney

The intricate laws of negligence are why you hire a competent and experienced attorney. They likely have insight into the strength of your claim and can help you determine a strategy for mediation and the possibility of a trial.

A driver claiming that they did not see you on your motorcycle is not an adequate excuse for negligence. You can sue them for damages, but make sure you understand your states negligence rules by hiring an experienced Trenton, NJ personal injury lawyer.

Thanks to Davis & Brusca, LLC for their insight into personal injury claims and line of sight excuses for negligence.

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Signs Your Loved One May Be a Victim of Nursing Home Abuse

Many families are forced to make the decision to place an elderly loved one in a nursing home because they have reached the point where they can no longer live on their own and require round-the-clock care and assistance. Nursing home staff are responsible for helping residents with their personal hygiene tasks, such as showering and dressing, as well as making sure they take their medication, eat right, and participate in socializing. The law requires that these duties are carried out with both compassion and care.

But not all nursing home staff obey these laws and when they fail to comply, the results can be serious injury or even death for the elderly residents. An elderly resident who is not physically or mentally able to care for their own needs could forget to eat, take their medication, wander off the facility, or fall because no one is supervising them. It is critical for all families to be aware of any signs that could indicate that someone is abusing or neglecting their elderly loved one.

Warning Signs of Neglect or Abuse

There are a variety of ways that nursing home neglect can occur. Residents can be denied food and liquids, denied use of the bathroom facilities, or denied help to take care of their personal hygiene needs. The facility itself can be cluttered, unclean, or there could be environmental hazards, such as medical waste, not properly disposed of that could be dangerous for residents.

There are physical signs a resident may be a victim of nursing home abuse. Bed sores, also referred to as pressure sores, are a common red flag that the resident is being neglected. An elderly resident who is not mobile relies on staff to reposition them on a regular basis in order to prevent these pressure sores.

Another sign that there is abuse or neglect going on is if the resident has unexplained injuries, such as abrasions, bruises, or lacerations. Fractures should also send up a warning that intervention is needed immediately.

Nursing home residents are not only victims of physical or emotional abuse or neglect but can also be targeted for financial abuse. The following signs are often indicators that something is wrong:

Bank account transfers or withdrawals that the resident does not know about or cannot explain.

Multiple personal checks written out by the resident to a certain staff member or other caregiver.

Names added to the resident’s bank signature card.

Changes in the resident’s usual banking habits, such as unexpected or frequent withdrawals.

Resident’s personal items go missing

Changes to the resident’s will or other financial documents that no one in the family knew about.

Resident’s forged signature on title transfers or other financial transactions.

Resident no longer wants to discuss financial matters with family or loved ones.

Contact a Lawyer

If you believe your elderly loved one is a victim of nursing home abuse or neglect, contact a bedsore lawyer in New Jersey immediately to learn how they can help.

Thanks to Davis & Brusca for their insight into nursing home neglect and abuse.

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Nursing Home Falls

Most of us don’t even think about the dangers of falling. However, as people grow older, the perils of falling can be devastating. This is especially true for elderly residents in nursing homes. The medical issues that can result from a fall for an elderly victim can be quite serious and, in some cases, can even be fatal. Just look at the national statistics for confirmation: According to the Centers for Disease Control and Prevention (CDC), the leading cause of accidental death and injury for people who are 65 years of age or older is falls.

Attorneys know the serious aftermath that fall injures can have on the elderly and just how debilitating the injures they suffer can have. Contact a nursing home abuse attorney if your elderly loved one has sustained injuries due to a fall that should have been prevented.

The data from the CDC is alarming. In one year, there were 29 million elderly Americans who suffered some type of fall. Almost 3 million of those victims require emergency medical treatment, with almost 800,000 of those victims requiring hospitalization. Almost 30,000 of those victims die from their fall injuries.

There are about 10,000 seniors who suffer falls every single day. As the number of seniors continue to increase, so too will the number of people who are injured in falls each year.

Sadly, when an elderly person suffers a fall, this often signals that they may not be able to live on their own any more. Knowing this, a lot of them will not tell anyone about their fall or injuries they sustained. By not sharing, also leaves them vulnerable to falling again, possibly suffering even more serious injuries.

It is not just seniors living on their own who are at risk of falling. There are also many elderly who live in nursing homes who are injured in falls. The reality is that even in nursing homes, there is no way to entirely prevent a patient from falling, however, nursing home staff need to be aware which patients may be more at risk of falling and take the steps to ensure the safety of that patient.

For example, the patient may need help getting in and out of bed, using the bathroom facilities, or any other activity which requires solid balance. If a patient falls because there was no nursing home staff supervising or assisting them, then the nursing home could be held liable for the injuries the patient suffers.

Let a Nursing Home Abuse Attorney Assist Your Family

Contact a law office if you suspect your elderly loved one is suffering from abuse or neglect at the facility, they reside in. A nursing home attorney will evaluate your case and determine what legal options your family may have. Call a nursing home injury lawyer in NJ to set up a confidential consultation and find out how they can help.

Thanks to Davis & Brusca for their insight into nursing home neglect and falls.

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Nursing Home Abuse and Neglect

One of the hardest decisions a family has to make is whether or not their elderly loved one should be placed in a nursing home. When the day comes that this happens, the family places their trust that the nursing home staff will do all that they can to care and protect their loved one. But far too often, this is not the case and the facility fails to take proper care of residents or staff members inflict abuse on them.

The media is filled with horrific stories of physical, mental, and sexual abuse of elderly residents of nursing homes. Every resident has the legal right to be treated with dignity and respect and failure on the part of the nursing home to so can result in civil or criminal charges. Unfortunately, this does not serve as a detriment for many facilities, coupled with residents who are unable to stand up and fight for their rights, leading to terrible incidents of abuse and neglect.

In additional to intentional cruelty and mistreatment, some of the other common issues law firms have seen include the following:

Anxiety from excessive isolation

Dehydration

Depression from excessive isolation

Fractures caused by falling

Infections

Lack of sanitation by staff causing infections or illness for residents

Malnutrition

Mistakes with medication administering, which can cause serious injury or death

Pressure ulcers (bedsores) caused by the resident not being moved on a regular basis

Reduced immunity

Some of the frequent issues that trigger nursing home abuse and neglect include the following:

Failure to conduct background checks on new hires

Failure to staff the facility adequately

Failure to supervise employees

Failure to ensure employees are properly trained

It is not just the hiring of unqualified staff that can cause nursing home abuse or neglect. It is not uncommon for a staff member to intentionally abuse a resident, either because they are angry or frustrated or because they know the resident can’t report the abuse.

In addition to making sure they hire qualified and quality employees, nursing homes should also make sure that their employees are trained on how to recognize and report any signs of neglect or abuse. Nursing homes are also responsible for taking the appropriate steps when abuse or neglect is reported.

Contact a Nursing Home Abuse Attorney

If your elderly loved one has been a victim of abuse or neglect at the hands of nursing home staff, you need to take immediate action in order to protect the victim, as well as make sure your family obtains financial justice against those who are responsible. There may even be criminal charges that could be filed. Call a law office today to meet with a bed sore lawyer in Trenton, NJ to find out what legal recourse you may have.

Thanks to Davis & Brusca for their insight into nursing home abuse and neglect.

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Fatal Distracted Driving Crashes

Despite all of the warnings about the dangers of using cell phones while driving, people still continue to use their phones while driving. Whether it is to call someone, text them, check emails, social media, etc., too many drivers’ heads seem to be looking down on at their phones instead of on the road in front of them.

This should come as no surprise, considering how attached society is to their phones. Just take a look at people walking down the street, riding public transportation, sitting in restaurants and everyone seems to be looking or talking on their phone.

In fact, studies show that Americans check their cell phone 80 times per day. That calculates out to once every 12 minutes. For one in 10 cell phone users, they find it necessary to check their phones every four minutes. And more than 30 percent of people admit to having separation anxiety when they find themselves without their phones.

Other studies reveal this activity does not stop when people get behind the wheel of their vehicle. According to one study which analyzed the driving habits of three million drivers revealed that 88 percent of drivers used their cell phones. That study calculated the use to just under four minutes of cell phone use for every hour a driver is on the road.

The majority of states have laws against texting and driving and many states have begun passing laws making it illegal to hold a phone while driving. Despite these laws and known dangers, people still continue to text and driver, often with the tragic results. Distracted driving is quickly becoming one of the leading causes of fatal car crashes.

In order to avoid becoming a fatal car accident statistic, there are steps that safety advocates recommend to help drivers stay totally focused on the road in front of them when they are behind the wheel. These tips include the following:

Turn cell phones off when driving.

Limit the use of infotainment systems and Bluetooth. Although these gadgets are legal, they still cause distractions can cause a driver to lose focus and crash.

Remove any apps off your cell phone that you do not use. The fewer apps  you have on your phone, the less you will feel the need to check.

Although you may be tempted to check your phone when you are stopped at traffic lights or stop signs, resist that urge. In fact, keep your phone in an area where you will not even see it, such as a backpack, purse, or the glove compartment of the car.

When using your phone’s GPS, enter all the information needed and check the route before you begin your driver.

Do not check your emails, text messages, or social media accounts until you reach your destination. Pick a time each day to check these accounts when you will not be in your vehicle.

If you do need to check something on your phone when you are driving, pull over to a safe place and park your vehicle before picking up your phone.

Contact a Wrongful Death Attorney

If you have lost a loved one in a fatal car crash caused by a distracted driver, contact a car accident lawyer Trenton, NJ trusts to find out how they can help your family get the financial justice you need.

Contact Davis & Brusca, LLC for their insight into personal injury cases and fatal car crashes.

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How to Tell if Nursing Home Abuse is Happening to Your Loved One

Family members who have accepted that their loved one requires around the clock care, may decide to place him or her into a nursing home facility. Most relatives do not arrive at this decision easily, due to concerns about the quality of treatment and if their senior loved one may be at risk for abuse. Perhaps the best way to help prevent such a situation from arising, is to be involved with the loved one’s care and visit often. Staff may be less inclined to target a resident if they know their loved ones may show up at any time.

There may be obvious or more subtle signs that your loved one is suffering from nursing home abuse, neglect, or exploitation. A relative that hears about or witnesses mistreatment, may react with anger and a strong sense to obtain justice for their loved one. Family members who believe their senior loved one has experienced abuse, may want to consult with a personal injury lawyer Trenton, NJ trusts for advice.

Q: How do I know whether certain marks are from abuse?

A: As people age, they can become more fragile, resulting in bruises and cuts happening more easily than in the past. However, injuries that cannot be explained by your loved one or staff may be suspicious. Also, if these marks are only present in areas that are normally hidden by clothing, further investigation of your loved ones care may be necessary. Here are more examples of ways that your loved one may be experiencing physical abuse or neglect:

Bloody or stained clothes

Frequent injuries (cuts, broken bones, burns, and bruises)

Poor hygiene

Unexplained weight loss

Appearing dehydrated

Using medication to keep resident calm

Bedsores

Blisters or abrasions

Q: Could emotional or mental abuse be happening too?

A: Yes, not all signs related to nursing home mistreatment are physical. A resident may be emotionally or mentally abused, where he or she feels embarrassed, threatened, or intimidated. Relatives who want to keep a close eye on their senior loved one may want to pay attention to warning signs that are non-physical, including the following:

Sudden personality/behavior changes

Fear of being alone or deserted by loved ones

Frequent crying episodes and immense sadness

Change in level of alertness

Overhearing rude comments or humiliation towards loved one by staff

Q: The staff doesn’t seem to be cooperative, should I be worried?

A: Nursing home facilities tend to have a high turnover rate, in which staff quit due to being overwhelmed by the demands of the job. This means there may be less staff readily available to help if family members show up for visits unexpectedly. But, there is a difference between a facility that needs more staff, and caregivers who are trying to hide something from you. It may be a cause for concern if staff outright refuses or delays family members from visiting right away, or does not permit relatives to be alone with the resident.

Contact Davis & Brusca, LLC for their insight into personal injury cases and how to spot nursing home abuse or neglect.

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What are Signs of Nursing Home Neglect or Abuse?

Family members who are about to place their elderly loved one into a nursing home, may want to know what signs of mistreatment to watch out for, so they can identify when something is awry. Those who are of elderly age may be more likely to suffer abuse in care facilities, especially if they must rely on others for everyday living. Many cases of abuse or neglect go unreported, either because the elderly resident is unable to communicate their concerns or are too afraid to say anything at all.

Family members who feel that something isn’t right, may want to have a private conversation with their elderly loved one and meet with an attorney for advice.

Q: What are obvious signs that my loved one may be enduring mistreatment?

A: As people become older and more fragile, they may be less inclined to stand up for themselves in situations where they are physically or verbally attacked. A person of senior age may have trouble with hearing and eyesight, making him or her more vulnerable to being taken advantage of by nursing home staff. If your loved one is exhibiting any of the following behaviors or physical marks, it may be time to take them out of the facility and get legal representation:

Unexplained sprains, broken bones, and dislocations

Welts, scars and bruising on body (especially hidden areas covered by clothing)

Refusing to take prescription medications

Rope marks on wrist or bruises from restraints

Broken eyeglasses

A caregiver refusing to let you be alone with your loved one

Unusual behaviors, outbursts, or mood swings

Not being bathed for an extended period of time

Living in soiled clothing and/or bed sheets

Presence of bedsores due to not turning patient often enough

Peculiar weight loss

Appearing dehydrated or malnourished

Q: Is it possible that my loved one is being taken advantage of financially?

A: Yes, in addition to physical and mental abuse, a senior loved one may get taken advantage of financially. Caregivers may obtain access to the resident’s financial information, and use it to transfer money to their own account or purchase items not intended for the resident. Signs of financial abuse and exploitation can include:

Sudden change in the elderly loved one’s financial status

Withdrawals or purchases from the account that the loved one cannot explain

Changes in wills, property titles, life insurance policies, and/or power of attorney

ATM withdrawals from the bank that the elderly resident could not have done themselves, due to being bedridden or being somewhere else at the time

Unusual services, subscriptions or services that the loved one has no interest in or was not capable of signing up for

Q: How do I know when it’s time to meet with a lawyer?

A: As soon as you witness something odd regarding your elderly loved one’s care in the nursing home, it may be time to meet with a bedsore lawyer NJ offers immediately. By the time you observe what is happening or you hear from your loved one directly, this abuse may have already been occurring for some time. The sooner you take action, the sooner your loved one can be protected from any further abuse or neglect.

Contact Davis & Brusca, LLC for their insight into personal injury cases and signs of nursing home abuse or neglect.

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Taking Prompt Action if You Witness Signs of Nursing Home Mistreatment

As a family member of a loved one in a nursing home, it can be frightening to imagine him or her being mistreated by caregivers in some way. A couple of ways family members can protect their loved one are by visiting often and being involved in his or her medical care. Family members that are regularly present for their loved one can watch out for signs of abuse, neglect, or exploitation. There are often many warning signs when it comes to elderly physical, mental or financial mistreatment.

Family members who keep a close eye on their loved one, can take action immediately if they see something that just isn’t quite right. If your senior loved one expresses they feel unsafe or have been harmed, do not take this lightly. Your loved one may have endured abuse for some time and have finally gathered up the courage to tell you about it. Unfortunately, many cases of elderly mistreatment go unreported due to the resident being worried about repeated and worsened abuse.

Q: What signs can I watch out for during visits and talks with my loved one?

A: First and foremost, if your loved one outright tells you he or she has been abused, take action in that moment. Report the incident to staff, contact an attorney, and perhaps even remove your loved one from the facility. Before you go, take photographs of evidence, whether that be debri on the floor, dirty bed sheets, physical wounds, or anything else related to the incident of abuse. If you sue the facility, your case may depend on how much evidence you can bring forward that shows how your loved one suffered abuse.

Q: What if I think my loved one has been taken advantage of financially?

A: Odd bank withdrawals, transfers, and purchases may be a sign that your loved one’s finances have been accessed and are now being exploited by a caregiver at the facility. If your loved one cannot explain how his or her money is being used, then it may be time to put a halt on accounts until you can investigate further.

Q: What if my loved one has marks on his or her body?

A: Something concerning may be happening if your loved one is not able to function as normal, no longer wants to be part of activities, is withdrawn, appears agitated, expresses fear, suddenly lost weight, has mood changes, or visible marks on his or her body. Physical abuse or neglect may be occurring if your loved one has unexplained welts, bruises, cuts, and abrasions -- particularly in areas that are covered by clothing, such as the thighs, hips, and upper back.

To help protect your loved one from further mistreatment, you can file a report with the facility in addition to contacting your lawyer for assistance. Signs of physical, mental, emotional, and financial abuse should not be shrugged off. Many nursing home facilities do not have enough staff, and the ones who are working can become burnt out which lead to less-than-ideal treatment for your loved one. If you are suspicious something isn’t right, you may way to listen to your intuition and get legal guidance from a bed sore lawyer Trenton, NJ relies on without hesitation.

Contact Davis & Brusca, LLC for their insight into personal injury cases and taking action when you notice signs of nursing home abuse.

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The Different Kinds of Nursing Home Abuse, Explained

There are over one million elderly Americans living in nursing homes all across the nation. These establishments are meant to be places of calm and caring, but unfortunately, there are too many instances where nursing home residents are mistreated and abused.

If your loved one has been a victim of nursing home abuse, attorneys are here to help. This time can be incredibly overwhelming for your family, and you may not know where to start. To provide clarity and understanding for your situation, our lawyers have broken down the different types of nursing home abuse for you below.

Emotional Abuse

Emotional abuse is incredibly common in the nursing home setting simply because it is easy to get away with. While there are no physical symptoms of emotional abuse, the psychological consequences are devastating. Some common signs that someone you know is suffering from emotional abuse can include: loss of interest in activities they used to enjoy, showing signs of fear around the staff, worsened depression, and/or changes in their personality.

Medication Errors

For many, nursing homes are places to receive medical treatment. There are many times when the care staff can forget or make errors in judgement when it comes to medication administration, prescribing, and scheduling.

Additionally, a common example of medical malpractice in nursing homes is the use of ‘chemical restraint.’ This is when a nurse or a doctor gives patients strong antipsychotics and sedatives without proper reasoning -- and this tends to happen in understaffed care facilities.

Bedsores

Also known as pressure ulcers, bedsores are surprisingly common in nursing homes. Bedsores commonly develop on the back, hips, feet, and other areas where the bone is closest to the skin. When they go untreated, bedsores can lead to infection and even hospitalization. If you notice a bedsore on your loved one, this is a clue that the nursing home staff is not positioning them correctly on their bed, and/or they are showing severe neglect.

Malnutrition

Nursing home residents who do not eat properly are more at risk for bedsores, falls, and bone fractures and breaks. It is a common nursing home procedure to keep track of what each patient eats, and to ensure they have a well-balanced diet at all times.

Sexual Abuse

Sexual abuse is incredibly common with nursing home residents, especially with those with dementia or other memory disorders. Most patients cannot tell their family members that this is happening to them, so it is pivotal family members are vigilant in looking out for specific signs. If you notice that your loved one has unexplained bruises, sexually transmitted diseases, bleeding around their genitals, and/or extreme fear of a specific staff member or another resident, this could be a sign they are suffering.

Nursing home residents are our parents, grandparents, aunts, uncles, and friends, and they deserve to be protected at all times. Lawyers are here to assist you and your family, do not hesitate to contact a nursing home injury lawyer NJ offers today.

Contact Davis & Brusca, LLC for their insight into personal injury cases and different kinds of nursing home abuse.

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Can I file a brain injury claim?

If another person's actions, or misdeeds, caused you or a loved one to have a brain injury, you may have grounds to pursue legal action. If you believe this is applicable to your situation, you should consider the following tips from our brain injury lawyers:

Avoid speaking to the other party's insurance company

Do not sign or agree to anything without asking a brain injury lawyer to review it

Follow your doctor's orders

If you have not seen a doctor, you should as soon as possible

Call a brain injury lawyer for a case review

If you would like a free case review, call a lawyer today.

Can You File a Brain Injury Claim?

If someone else caused you to have a brain injury, either through negligence, malice, or wrongdoing, you may have grounds for a lawsuit or claim. The key to pursuing legal action is being able to prove that they acted wrongfully and their conduct caused you to become injured.

Did Another Person's Actions Cause You Harm

Regardless of what type of personal injury lawsuit you are filing, you will need to show that another person or entity acted in a wrong manner and caused you harm. How easy it will be to prove this will vary by case and the relevant circumstances. If you are unsure whether negligence or wrongdoing was the cause of yoru brain injury, you should ask a brain injury lawyer to listen to what happened and help you to better understand your options.

Once you show tangible harm has indeed resulted, you may be able to recover both tangible and intangible damages including:

Medical bills

Therapy and rehabilitation

Lost wages

Loss of income

Pain and suffering

Loss of consortium

Funeral and burial costs (in the event of a death)

Were You Owed a Specific Duty?

Even if you can prove you suffered harm, your claim might not go very far if you cannot also prove that the defending party owed you some sort of duty. The legal duty is very specific and means the defendant should have acted in a specific way towards you. When he or she did not, you were injured as a result. Bare in mind that this factor does not necessarily mean that the duty should have been mutually understood. For example, you should not need to tell the other driver of a car not to hurt you. Rather, the driver should know this. A brain injury lawyer would like to note that there are many different kinds of duties; some arise from law, others a contract or a custom.

I Was Partially To Blame, Can I Still File a Claim?

This will depend on the circumstances of the accident, as well as the state laws. In general, if your actions are more to blame, then you may not be able to file a claim. Most states have contributory negligence laws that will allow you to seek legal action as long as you are not more than 50 percent at fault.

No two cases are exactly alike; therefore, to truly find out if you can file a claim or lawsuit, you should call a catastrophic injury lawyer Trenton, NJ offers now.

Thank you to our friends and contributors at Davis & Brusca for their insight into personal injuries and if you are eligible for filing a brain injury claim.

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My spouse suffered a closed head injury, can I file a claim on their behalf?

A closed head injury can be a serious injury that is commonly seen in personal injury claims. This is an injury that is diagnosed after the head has suffered a large blow from an object, shock wave, or even person, but the scalp or skull has not been penetrated. The severity can vary ranging from mild to moderate, severe, or even life threatening.

Closed head injuries are also known as the silent injury due to their symptoms and effects having the potential for going unnoticed for quite some time. In reality any significant blow to the head can be considered a closed head injury, and may be dangerous. For this reason, medical attention should be sought.

Concussions Are the Most Common Closed Head Injury

Around 1.5 million people will suffer from a concussion in the U.S. each year. Most concussions are mild and don't caused bleeding on the brain. Someone with a concussion might feel a persistent headache, temporary memory loss, or confusion. These common symptoms are likely to go away within 7 days. Any second impact to the head while the person has a concussion is considered to be very dangerous. For this reason, limited activity and movement is recommended.

Contusions Are More Serious

A contusion occurs when the brain becomes bruised after a blow to the head. When this happens, the risk for long term or permanent brain damage is high.

My spouse suffered a closed head injury, can I file a claim on their behalf?

If your spouse or any of your immediate family members have suffered a closed head injury, it may be possible to file a claim on their behalf. Here is what you should ask yourself and consider.

Was the blow to the head caused by another person?

Do you believe negligence, wrongdoing, or malice was a factor?

Has your loved one gotten medical attention?

Was the injury serious?

Have you or your injured loved one suffered financial losses?

Are you the spouse, legal partner, child, or parent of the injured person?

If you believe another person or entity is at fault, or partially at fault, for a closed head injury, you may be able to recover monetary compensation. It is important that you call a lawyer to explore your legal options and rights. In the meantime you should avoid the following:

Do not speak to the other party's insurance company.

Avoid accepting a settlement offer or signing any type of waiver.

Get medical treatment and follow the doctors orders.

Call a Brain Injury Lawyer

If you do have a brain injury claim compensation for all related medical treatment, lost wages, loss of income, pain and suffering, and more may be available. There are time limits to file a claim which is why you should not waste any time in getting legal advice from a qualified brain injury lawyer.

When you are ready, please call a brain injury lawyer Trenton, NJ relies on for a free and confidential consultation.

Thank you to our friends and contributors at Davis & Brusca for their insight into personal injury claims and brain injuries.

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What are the steps that a nursing home lawyer will take to help me recover compensation?

If you have been the victim of abuse, or are the family member of someone who has, you might know that you should retain a nursing home lawyer as soon as possible.

The Steps a Nursing Home Lawyer May Take

A competent lawyer who understands how to navigate nursing home abuse or neglect cases may first attempt to reconcile the complaint between the victim and the defense. This could include a formal letter sent to the person in charge of the nursing home. It may outline the situation, concern, and request a reply that details how the problem will be corrected. If this step is not successful, or the situation is beyond a step like this, and the lawyer believes the case can be brought before the courts, he or she may proceed with the following:

Gather Information - It is vital that your lawyer as informed as possible regarding what happened, when, and any other relevant facts of the allegation. In addition to your statement, medical records, witness statements, photographic evidence, and other information may be gathered.

A Claim is Filed - Once an investigation has been started, a claim may be filed at the appropriate courthouse. The defendants may be served with a notice of legal action.

The Discovery Process - This may involve collecting, reviewing, and organizing, evidence before trial. It also involves sourcing expert witness testimony, if required, and going through a deposition process.

Negotiations - Around 95% of nursing home abuse cases will settle out of court. Your lawyer should be ready to negotiate compensation on behalf of you. Rest assured all of your losses should be considered before a settlement is reached.

Going to Trial - If a settlement cannot be reached, and your lawyer believes your case is strong enough to convince a jury that they should rule in your favor, a trial date may be set. In this case a judge or jury will hear your case and make a decision based upon the facts. This will include an amount of money to be awarded.

Resolve the Lawsuit - No matter what happens, the lawyer will be responsible for concluding the proceedings according to the laws of the state.

Laws and Legislation Your Nursing Home Lawyer Should Know About

There are many lawyers, but nursing home lawyers should understand, more than a general lawyer, federal and state laws that govern elder care facilities, including nursing homes. Some of these laws include:

The Social Security Act

The Nursing Home Reform Act (NHRA)

The Older Americans Act (OAA)

Medicare and Medicaid

The Long-Term Care Ombudsman Program

State Adult Protective Services (APS)

The Statute of Limitations

When you decide to pursue legal action, just as you have expectations for your lawyer, he or she will also expect things from you. Most importantly that what you disclose to your lawyer is complete and truthful.The following is a brief outline of what a lawyer may expect from you:

Transparency and openness about the facts of the case

Hurried reporting about the abuse to the facility, authorities, and a lawyer

Any available evidence, such as a timeline of abuse or photographs

Specifics of the case rather than general opinions o

A commitment to resolving the matter

Patience

To consult a nursing home abuse lawyer Trenton, NJ trusts about your case, please call for a complimentary consultation.

Thank you to our friends and contributors at Davis & Brusca for their insight into nursing home law and the steps of a nursing home abuse case.