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Nursing Home Abuse: Proof of Loss

Although most people tend to think of nursing homes as a benevolent place where elders can go to retire and enjoy the rest of their days, the unfortunate truth is that these places can prove to be just as corrupt as any other institution. Elder abuses can and do happen, and Texarkana nursing home abuse attorneys must regularly step in to protect these people in nursing home abuse cases. If you’re not familiar with what goes on in these cases, or you simply think that someone you know may be the victim of such abuse, then this guide should help you stay informed on the issue and what steps you can take to end it.

Establishing a Complaint

If you think that you or someone you know has been suffering while staying at a nursing home, then the first step will be to notify the nursing home of any abuses with a comprehensive list of complaints. Although the complaints you list will be unique to the nursing home you’re dealing with, there are a few that are the most commonly listed. This includes physical abuse, emotional abuse, and sexual abuse. In addition to these complaints, the associated damages will need to be outlined.

The damages that can be awarded from these complaints include any associated medical expenses, past expenses for physician or prosthetic fees, potential future costs associated with the abuse, pain and suffering stemming from the abuse, mental anguish or any elements of phantom pain that might arise, and harm due to a lack of sleep. All of these different areas can entitle a person to damages, should their complaints be found valid in a court.

Proving Mental Suffering

If your case involves mental suffering, then you could be entitled to damages for a variety of situations which involve both physical and mental pain. This includes harm that was caused from immobilization, harm from the fear in between knowing abuse was about to occur and its occurrence, fear stemming from further potential abuse, anxiety about the future, fear of future surgeries stemming from the abuse, and post-traumatic stress disorder. If a case involves any of these situations, then the plaintiff could be entitled to damages.

Protecting the Dignity of the Elderly

If a situation could cause the elderly to suffer from disfigurement, including hair loss, the development of new scars, or an amputation, then this is considered especially damaging. In general, it is believed by the courts that the dignity of the elderly should be maintained at all times, and that they should not be put under undue stress that might cause their bodies to suffer any indignities or deprive them of a full life. If a person suffers so greatly from abuse in a nursing home that they begin to show physical signs of the abuse, then a complaint should absolutely be made in pursuit of damages. Of course, even if there aren’t physical signs, a complaint should still be made to prevent any further abuse.

Leading a Normal Life

Many states have additional laws that are designed to protect the elderly during their recovery time, so that they may properly live a normal life. If nursing home abuse leads to a person being unable to enjoy life normally, then it could qualify them for additional damages. The loss of enjoyment of life can apply to a variety of different circumstances, including some that aren’t commonly thought of. For instance, if a nursing home deprives its members from seeing their grandchildren, then this could be considered a form of abuse. Similarly, a nursing home that prevents its members from exercising or walking around could also be accused of treating its members poorly and depriving them of a normal life. If you know of someone who is suffering under these types of circumstances, then it’s important to document everything so that you can provide proof once the case begins to unfold.

Types of Payment

If a nursing home is found to be engaging in reckless or negligent behavior, then a case can be made against it for the plaintiff to seek punitive damages. During the course of these cases, the argument is then made the plaintiff was denied their basic statutory rights and is thus entitled to some form of punitive damages.

In other cases, a structured settlement might be awarded to the plaintiff. Unlike a lump sum payment, a structured settlement is designed to provide the plaintiff with a safe and secure method of yearly payments that aren’t as aggressively taxed. While the benefits of a structured settlement can be great for someone who doesn’t regularly deal with a lot of money, it does also mean that they might not reap the full benefits of it if they pass away before they’ve received the full settlement. In some cases though, a person can have it set up that any further payments from their structured settlement should go to their grandchildren, or some other beneficiary. In this way, the person can guarantee that their loved ones continue to receive payments from the settlement even after they die.

Cases Following a Death

In cases where the person who suffered the abuse from the nursing home has died, there are still some options. Survivors of the person’s estate can still press a claim against the nursing home. In these cases, the damages they seek from the nursing home can include damages for the loss of a relationship, loss of guidance or other advice from a mentor figure (such as a parent or grandparent), loss of companionship, mental anguish, and funeral costs. All of these cases are similar to ones involving the person who suffered the abuse, in that a link of negligence and abuse must still be proven for the nursing home in order for damages to be awarded.

Pursuing Nursing Home Damages

If you think that a nursing home has been abusing you or someone you know, then it’s essential that you not hesitate to file a complaint. Elders are one of the most vulnerable people in our society, and it’s our duty to ensure that they’re treated fairly with care and respect. If a nursing home is abusing its powers and mistreating its members, then it is our duty to ensure that they are deprived of that ability and forced to pay for the damages they have caused. As always, seek out respected and knowledgeable Texarkana nursing home abuse attorneys to help take on your case and make sure that it’s done the right way. These cases are simply too serious to let someone who is otherwise inexperienced handle them.

DUI: Charge and Penalties

Being charged with a DUI can be scary, especially if you’re unfamiliar with the process and are otherwise going through it for the first time. Can someone go to jail for driving under the influence? How expensive are the fines associated with it? Does the law regarding DUI’s differ from state to state? As with most other charges, the penalties for being charged with driving under the influence can vary based on how many the times the offender has previously been charged. Although a lawyer in Texarkana TX can help you with the specifics of your case, this guide should provide a basic foundation of knowledge for everything concerning DUIs, so that you’re fully prepared when you go to speak with your legal representative.


Across every state in America, the first time a person is found guilty of driving under the influence, they are subject to a misdemeanor and up to six months in jail. Although that may not seem like a sizeable amount of jail time, that punishment can be further influenced by other circumstances, such as the intensity of the person’s intoxication at the time of arrest. For instance, some states have called for greater punishments for those who are found guilty of driving under the influence with a blood alcohol content that is at least twice the legal driving limit.

Interestingly, many states have provisions that require first time offenders to spend a minimum of at least a few days in jail. Any offenses beyond the first then add on exponentially more time to the jail sentence, culminating in up to a full year in jail for a single incident.

Although it depends on state law, punishments involving jail will also typically be far more severe in situations where the driver was intoxicated and caused injury to another party, such as running them over with a vehicle or getting into a collision with them.


Many courts impose additional fines on top of other sentences involving a DUI. These court fees can range anywhere from $500 to $2,000. Of course, it could be argued that the best way to fight these fees is by instead investing in a lawyer in Texarkana TX.

License Issues

Even first time offenders stand to lose their license for a fairly long period of time after being charged with driving under the influence. As with other punishments associated with DUI’s, the length of time in which a person’s license is revoked will often depend on whether it’s their first, second, or even third offense.

For those who are thinking about being combative with the police, there are additional penalties associated with refusing to take a breathalyzer test or to provide a urine or blood sample. Even if someone is found to not be guilty of driving under the influence, refusal to cooperate with these tests can result in a person’s license being temporarily revoked for an extended period of time. Some states even add other penalties on top of this, so it’s important to be cooperative while dealing with police officers. If you think you’re being treated unfairly, then you should speak to your lawyer about it after the fact instead of trying to confront them while you’re pulled over.

Driving While Young

Although driving under the influence is obviously bad regardless of your age, the law does not provide any particular breaks to minors who are caught doing so. Unlike many other charges, being young does not provide any benefits in these circumstances. In fact, minors who are caught driving under the influence can face multiple crimes, since it is illegal for anyone under the age of 21 to drink. Furthermore, states use a lower bar for blood alcohol content with minors, meaning that they’re expected to be at 0.02 or lower, rather than the 0.08 that adults are held to.

Unintended Consequences

While most people probably associate DUI’s with jail time or court fees, few people take the other consequences into account. For instance, a person’s insurance company might cancel their policy after they’ve been charged with driving under the influence. Driving while intoxicated doesn’t just disappear from a person’s record over night either, which makes it difficult to get jobs that involve driving vehicles.

First Time Offenders in Texas

In Texas, a first time offender may be subject to the aforementioned jail time, as well as an additional fine of up to $2,000. Aside from a fine and jail time, additional punishments for first time offenders in Texas include a license suspension for up to two years, and an annual charge of an additional $2,000 to keep your license for several years after it has been returned. Depending on the severity of your intoxication at the time you were charged, you may also be required to install an ignition lock in your vehicle to prevent you from driving it while intoxicated. First time offenders may also be asked to take part in an education program geared towards preventing repeat offenders. Although this may not sound exciting to most people, the good news is that alternative punishments like these can be used to reduce your jail time or court fees, at the judge’s discretion, of course.

Second Time Offenders in Texas

After being charged with a second offense of driving under the influence, all of the previous punishments listed for Texas are either increased or extended significantly. Court fees escalate to as high as $4,000, and jail sentences range from a minimum of one month to a maximum of an entire year. Any license suspensions that occur can last for up to two years, and there may yet again be recurring charges of up to $2,000. Finally, you may be forced to install an ignition lock on your vehicle or attend another educational program.

Third Time Offenders in Texas

Once again, there is yet another jump in the severity of punishments for those who are caught offending for a third time in Texas. In terms of fines and court fees, the limit is raised to $10,000. For those worried about jail time, the punishment at this point ranges from a minimum of two to ten years in a state prison. Aside from these differences, the other punishments still exist at this level relatively unchanged. That means you can expect to once again have your license suspended for several years, and then be expected to pay $2,000 for several more years if you want to get it back. If you haven’t already had an ignition lock installed in your vehicle, then you can expect to do that, as well as attend that educational program if you haven’t already done so.

Protecting Yourself

Although the consequences of driving under the influence are certainly scary, they are not necessarily set in stone. If you have an effective lawyer by your side, you can have these charges dropped or reduced and ensure that you aren’t spending a fortune in fines, or spending any considerable amount of time in jail. It’s for this reason that it’s highly recommended you do your research and find a lawyer you can trust to represent you. Being charged with driving under the influence is serious, as evidenced by the variety of punishments that the state can enact. Don’t let yourself fall victim to an undeserved punishment if the right legal representative can protect you.

Statute of Limitations for Bad Faith Insurance

Bad faith insurance is a type of legal claim that is, for the most part, unique to the United States. Put simply, bad faith insurance claims consist of a policyholder accusing an insurance company of acting in bad faith with their contract. The concept of “good faith” exists within the United States legal framework and is used to ensure that companies do not take advantage of their consumers through poorly worded contracts. Unlike other types of claims, insurance bad faith claims can actually be handled as tort claims in addition to contract claims. Through this distinction, additional damages may be awarded to a claimant, since the United States does not allow for punitive damages on contract claims, but they do allow it for tort claims.

Despite the complexity that is commonly associated with insurance bad faith claims, this guide will aim to streamline this information and make it as easily digestible as possible. In addition, it will take a look at how the statute of limitations applies to insurance bad faith claims. Of course, as always, anyone interested in filing an insurance bad faith claim in the Texas area should seek out an experienced lawyer in Texarkana TX. They can offer better insight into your specific case and provide a more comprehensive look into the claim type.

Unfortunately, it can be somewhat difficult to generalize insurance bad faith claims in the United States, since each state has their own laws on how such a claim is handled. There are few actual federal laws governing how insurance claims are handled, since a 19th century court case held that the federal government had no such say in the matter. While there have been some attempts by Congress to ignore this restriction in the past, it has been difficult to overcome.

As a result of the state’s role in maintaining the insurance industry, each state has its own Department of Insurance, or similarly titled organization. Through this department, the state enforces its specific insurance code, which contains all of the state’s rules and stipulations associated with insurance.

When a case goes through the state’s court system, it is typically handled based on previous court rulings. Some states have attempted to move most of their contract laws into statutory laws, but this is really only prominent in places like California or Georgia.

The state court system is further complicated by the fact that different states have different definitions of how insurance can be handled in bad faith. For instance, in a place like California, it is only necessary to prove that the insurer was aware of at least one claim that was covered by the policy in some capacity in order to be liable for all of it. Unfortunately, those in Texas have a much harder time. Texas uses an “eight corners” rule to determine whether an insurer is responsible for covering the insured. Put simply, the “eight corners” rule comprises two documents: the complaint and the insurance policy.

Since it’s considerably more difficult to win an insurance bad faith claim in a place like Texas, it makes it all the more valuable to have a knowledgeable lawyer in Texarkana TX on your side.

Although most people tend to think of insurance bad faith in the case of unpaid medical bills, it can also apply to court fees, depending on the type of insurance policy being enacted. It is for this reason that many insurance companies attempt to take control of any lawsuits that involve one of their policyholders, so as to avoid paying further costs after a loss.

Under these circumstances, a bad faith lawsuit can result from an insurance company’s failure to properly represent its clients in a lawsuit, or their failure to pay out any costs that are associated with the proceedings. It may not be as highly publicized as the health insurance alternative, but it’s still just as important to keep in mind when building a possible insurance bad faith case.

Since there aren’t many statutes that exist to rigidly define bad faith, especially at the state level, much of the concept is instead defined based on previous cases. As a result, there are a wide variety of possibilities when it comes to determining whether an act was in bad faith or not, including improper claim handling, refusal to support a lawsuit or cover its costs, or making actual threats against the insured to prevent them from filing a claim. As always, there are plenty of other circumstances that may also qualify, and it is best to seek out an expert in the field to determine whether or not it applies to your specific situation. Since insurance bad faith is defined based on previous casework, the definition can continue to grow and evolve as time passes and new cases enter the court.

When it comes to paying for an insurance bad faith claim against an insurer, it’s up to the policyholder to determine the form of payment for the attorney. While some states provide additional protections to the plaintiff in the form of additional payouts for legal services, other states are not as lucky. If you’re looking at attorneys in Texas, some might try to get you to pay up-front for the costs of the litigation, but this isn’t the only option. Instead, try to seek out an attorney that is willing to take on the case through a contingent-fee basis. This minimizes the risk associated with the legal proceedings and ensures that the insurance company is held accountable for any legal fees that eventually accrue over the course of the period.

Despite all of this legal complexity associated with insurance bad faith, there is some good news. Given the length of time that these court cases can take to resolve, there isn’t really any limit on how long ago a contract dispute could have occurred. There have been cases in the United States of bad faith claims taking up to 22 years to resolve. Nowadays, most bad faith claims tend to revolve around the existence of toxic mold on a property. Decades ago, this claim wasn’t particularly popular, and it wasn’t particularly profitable either. But today, the claim has helped people recover millions in damages from insurance companies and has grown in prominence as more people have become familiar with the mold type.

If you’re unsure of whether or not you’ve been unfairly treated in a contract, then the best step to take is to contact a lawyer. Since most firms offer a free consultation in bad faith cases, it doesn’t hurt to get a second opinion. After pouring a considerable amount of money into your insurance contract, you deserve to have it implemented in a fair and honorable manner by your insurance company. Don’t let them take advantage of your goodwill and then handle your contract in bad faith. Instead, take action and ensure that your interests are properly represented. Bad faith may be defined differently from state to state, but it is ultimately always designed as a protection for the consumer against the poor behavior of insurance companies.

Premises Liability: What You Ought To Know About Who Is Responsible

If you’re a property owner, often you’ll find people visiting your premises, some invited while some not. Either way, they have a reasonable expectation to be safe from injury. What this means is that as a property owner or just a resident, you are supposed to see to it that the environment in and around the property is relatively safe. This is known as premises liability.  For instance, if a career comes to your property to deliver a package, then they get injured by slipping on the driveway, the carrier may sue you because of the accident on your property. On the other hand, if the career got the injury while they were under the influence of some drug, then thy may not have a valid claim and hence is not able to sue you.

The legal theory of premises liability states that owners and residents are both liable for any accidents that happen to anyone with the premise, be it mild or severe. The visitor may get either a mild or severe injury from the injury. Either way, you, the owner of the property is liable and has to compensate the person injured.

Liability is usually dictated by the laws of the states where the injury took place. In some regions, the court would put more focus on the status of the person who got the injury to determine liability. In other states, however, the court will put more focus on the condition of the premise as well as the activity of both the visitor to the premise and the owner of the property. It is imperative to have in mind that an occupier of land, like a tenant in an apartment, receives the same treatment as a property owner in most instances.

The visitor’s legal status: trespasser, invitee or licensee?

In the regions that focus more on the visitor to the premise, there are usually four different labels that apply in such cases:

•    Invitee – an invitee is considered as someone who has been invited by a property tenant to a store. An example of an invitee is a client to a warehouse. The invitation implies that the owner of the premise has put safety measures to assure the invitee of their safety before they get into the premise.  The invitee, on the other hand, accepts the invitation having in mind that the place is safe for a stay.

•    Licensee- a licensee is that person who comes into the premise for their purpose., They are in on the property by the consent of the asset owner.

•    A social guest- this is just an outsider who has been welcomed into the premise by either the tenant or the landlord

•    Trespasser– a trespasser is that person who goes into a property without the permission of either the owner or any of the tenants. For a trespasser and a licensee, there is no implied guarantee that measures have been put in place to assure them of no danger during their stay in the property.

Condition of the property and visitors action

In some states, considerations are given to the premise’s condition and the activity of the visitor as well as that of the owner. In these regions, a uniform standard of care applies to both licensees and invitees, that uniform standard of care dictates that reasonable care must be implemented to ensure the visitor is safe within the premise. This care, however, does not take a trespasser into care. In other words, a trespasser is not assured of any care and as such is not liable for any compensation should they get an accident within the premise.

There is a need for determining whether the standard of rationality expected from an owner towards licensees have been met.  The following factors must be examined to make a determination

•    Circumstances under which the visitor came into the property

•    What the premise serves as

•    Reasonableness of the property owner to make efforts to try to repair a condition that could jeopardize the safety of the visitors.

•    Foreseeability of the injury or misfortune that occurred within the premise.

Property Trespassers

Even as an owner is not a liability to injuries sustained by a trespasser, they may be charged with a responsibility to give reasonable alert to avert accidents. That is especially the case if the owner is well aware of the fact that trespassers are likely to enter the property. This requirement exclusively applies in a case where the owner has put up some artificial conditions and are well aware that the conditions may result in fatal injuries and or even death.

Children on the premise

The duty of a landowner to warn is different concerning kids who are prohibited from accessing the property. If children are likely to enter a premise, then it is the duty of the landlord to give warning. This is more so if the premise has dangerous conditions that are likely to cause fatal physical harm or even death to the children

Comparative fault: when both parties are to blame

One of the most frequently used on a premise’s owner’s liability is the argument that person who was injured was to some extent at fault, and even could have done something to prevent the misfortune. In most instances, a visitor must have to exercise reasonable care so as to prevent themselves from acquiring injuries.  In case where the guest does not use that care properly, the plaintiff’s recovery is going to be limited to their own negligence

Most cases stick to and follow the ‘comparative fault’ system in cases involving personal injury.  This means that the legal damages acquired by a visitor to a premise will be cut down by a percentage equivalent to their fault for the accident. Therefore, if, say the person injured was 30% liable for their injury, and the compensation was totaling $10000, then the victim will get a total of $7,000. The three thousand is for the negligence of the victim.

Special rules or landlord and lessors

In a case of lessors of premises, particular requirements of liability may be applied. The general rule states that a lessor is not in away liable to a lessee, and anyone else for that matter, for physical injuries and damages caused by a condition on the premise. The rule is partially based on the fact that the lesser has no control whatsoever of what is happening in their premise once they rent it out. However, the rule has a myriad of important exceptions that must be considered.

Get free legal help for a property’s liability injury

Once in a while, maybe you or someone close to you has suffered a premises liability injury. However, you don’t have to fret because of being ignorant of what the law states. Speak to a professional legal attorney who will ensure that your legal rights to compensation are fully assured and protected as required by law. Before anything else, contact a lawyer for a free analysis of your claim with totally no obligation whatsoever. If it turns out that the complaint is valid, many attorneys will want to work with you on a contingency basis where they ask for payments if you win the case.

Whoever is responsible for premises liability will depend on several factors as seen above.