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Types and Symptoms of Nursing Home Abuse

It’s estimated that around 44% of nursing home residents are abused every year. Out of those abused, 1 in 11 is harmed to the point of either critical physical condition or death. Unfortunately, due to fear of retaliation, many victims never speak out about their abuse, which leads to a number of cases going unreported.

Despite the rather high number of nursing home abuse cases, there is a lack of press coverage concerning the abuse. This abuse comes in many different forms and has profound negative effects on both nursing home residents and their loved ones. It’s time that an end be put to this senseless and violent behavior, which is plaguing nursing homes all throughout The United States. To help spot nursing home abuse, here are the types of abuse and the symptoms that accompany them.

Types of Nursing Home Abuse

Physical Abuse

Physical abuse in nursing homes ranges anywhere from physically hitting or being rough with a resident to neglecting a resident.
Sexual Abuse

Sexual abuse occurs when caretakers make unwelcome sexual advances or remarks toward nursing home residents. This type of abuse includes sexual advances and remarks toward cognitively-impaired individuals who are unable to express themselves adequately.

Psychological Abuse

Psychological abuse runs the gamut from shouting at and talking down to residents, to humiliating and shaming residents. This type of abuse can have a severe impact on a patient’s behavior.

Neglect

Whether done purposely or inadvertently, neglect includes any instance in which a patient’s needs are not met. From not providing food and water, to neglecting the maintenance of a resident’s personal hygiene, if a resident has unmet needs, that resident is suffering from neglect.

Resident on Resident Abuse

This abuse occurs when nursing home workers allow residents to physically, psychologically, or sexually harass each other.

Symptoms of Nursing Home Abuse

Signs of nursing home abuse run the gauntlet from physical symptoms to emotional and psychological symptoms. It is important to notice these symptoms so that a person suffering from abuse can be helped in a timely and effective manner. Though these symptoms are not always a clear sign that abuse has occurred, they should be taken into consideration.

Physical Abuse Symptoms

Broken and fractured bones are clearly a troubling symptom for someone who is living in a nursing home and does not have a great ability to move on their own. Unless the resident suffered the broken bone from a fall, it’s a suspicious occurrence that could have come from someone physically abusing the resident.

Cuts, bruises, and welts are possible signs of physical abuse as well. There’s a chance these wounds could have come from accidental injuries, but if they seem to be present a great deal of the time, they are a red flag that must be looked at more closely.

Neglect Symptoms

Bed sores are a result of leaving the resident in one position on a bed for a long period of time. Nursing home workers should be changing residents’ sheets and repositioning residents so that they get relief from too much skin-to-bed contact.

Frequent infections come from poor hygiene and inadequate cleanliness which could be a result of nursing home workers neglecting to keep up with the routine maintenance of their residents. Though residents could very possibly develop infections from time to time, re-occurrence of these infections is a troubling symptom that must be further examined.

Dehydration is not always easy to detect, but it’s a very clear sign of neglect. If a resident’s not getting the proper fluids needed to stay hydrated, that resident is being neglected. Common signs of dehydration are weakness, irritability, cramps, and inability to pass sizable amounts of urine.

Inexplicable weight loss can come as a result of nursing home workers not giving resident’s adequate amounts of food and nourishment. It can also come as a physiological reaction to severe mental, emotional, and psychological abuse at the hands of workers. Monitoring the causes of weight loss in residents is an important part of detecting if abuse has occurred.

Mental, Emotional, Sexual and Psychological Abuse Symptoms

Mood swings and uncharacteristic anger could form as a result of mental, emotional, sexual, and psychological abuse at the hands of nursing home workers. Residents could potentially be acting out this anger and emotional imbalance as a coping mechanism to deal with the abuse that has been done to them. They might be doing this to repress the truth because they fear that if they were to be truthful, they would receive retaliation from their abuser.

Uncharacteristic silence could be used as a form of coping mechanism to block out the pain of abuse. This sort of reclusive mood could also be a way for the resident to ensure that he or she doesn’t say anything bad about his or her caretakers. This could be done because of a fear of retaliation from workers at the nursing home.

Refusal to take medication could stem from a poor relationship with the caretakers who are providing said medication. Because the resident does not trust the caretaker, he or she will not ingest anything given to him or her by the caretaker. Depression can also factor into not taking medication, as the resident quite simply does not have the interest or wherewithal to do so.

Other Symptoms

Hesitance of caretakers to leave residents alone with others could very well stem from the fact that said caretaker does not want the resident to say something incriminating about him or her and the abuse that he or she has done to the resident. When visiting a loved one at a nursing home, it’s a good idea to have some alone time with that loved one to see how he or she acts when they’re away from their caretaker.

Aimless wandering around the nursing home could be done by some residents who are living in an abusive environment. This type of wandering is done in an attempt to get away from this harsh environment in the best way possible.

Nursing home abuse is a problem in need of solving. To help solve it, awareness must be spread, and vigilance must be practiced. By being aware of the different types of nursing home abuse as well as the symptoms that they cause, it is possible to spot abuse when it is occurring so that something can be done about it.

Personal Injury Protection Cover

If an individual has personal injury protection insurance and he/she are hurt in an accident, the person can receive all maximum benefits even though the accident was or was not their fault. Apart from lost wages and medical bills, PIP insurance can cover expenses such as transportation, medical appointments and even lawn repair.
It is a feature of automobile insurance which covers health care expenses connected with treating injuries gotten in a vehicle accident. Using personal injury protection, the holder, and his or her passengers, who are injured in the vehicle accident will have all their medical expenses covered by the insurance company even if they do not have any health insurance. If the cost of essential medical care surpasses the auto policy’s personal injury protection limits, then health insurance might cover additional expenses.Automobile insurance features and requirements may differ from state to state. The personal injury protection is existing primarily in the no-fault states. This implies that if a person is injured in a crash, their insurance policy has to pay for their medical care irrespective of whether they caused the accident or the other driver did, provided that the insurance policy covers the accident. Nevertheless, if the other driver does not have insurance cover, the individual will still be covered on condition that his/her own policy covers personal injury protection. This form of coverage is affordable and in addition to ensuring medical care, it can also offer payments for child care, lost income, and funeral expenses which are related to the accident. These payments are not typically covered by an automobile policy’s medical expenses coverage. Medical payment coverage is available in a few of these no-fault states but usually has low limits. The highest a policyholder can receive from filing a claim under personal injury protection is the policy’s limit and nothing more.

States that require personal injury protection

Personal injury protection is a requirement in Washington, DC and about 15 other states. The states are Florida, New York, Kentucky, Delaware, Hawaii, Minnesota, New Jersey, Massachusetts, Utah, Michigan, North Dakota, Oregon, Pennsylvania, Kansas, and Texas. However, minimum coverage requirements may vary by state; the maximum amount depends on what the insurance firm is willing to offer, and this is usually not more than $25,000. When a policyholder’s health insurance coverage provides cover for rehabilitation and injuries associated with a vehicle accident, the policyholder perhaps only needs to buy the least amount of personal injury protection which is required by the state. Note that personal injury protection does not serve as a substitute for liability coverage that most states require and also pays for injuries that are caused to another party, like a pedestrian or driver and the occupants of another automobile.

Auto insurance

Personal injury protection is a mandatory coverage in a few states, even though the coverage may vary in terms of what is covered by the policy and what kinds of treatments are deemed medically reasonable and necessary. For instance, in Utah, it is permissible to use acupuncture as a medical treatment, while in California this is not a requirement. In Texas, on the other hand, personal injury protection coverage will cover the medical expenses, as well as 80 percent of lost wages, and a person to take care of the incapacitated party. Some states may also permit personal injury protection claims even though a workers’ compensation claim is in existence, while other states do not. Also, some states personal injury protection is the first resort insurance to pay for all medical bills when a person is hurt in an auto accident.

In few states, the personal injury protection is subrogatable, and this implies that an insurance carrier will remunerate a loss, regardless of the liability, and then subrogate or recover what it paid from the insurance carrier of the party who is liable. This leaves the insured person in a better financial position, as his or her medical bills will be paid, and afterward, the insurance carriers will fight it out among themselves. Personal injury protection can cover, within its specified time and dollar limits, the funeral and medical expenses of an insured person, others in the car at that time of the loss and a first party where the person was hit as a pedestrian by any car. The initial coverage is for the insured person’s injuries, without regard to liability on a first-party basis. Again, this is only available in few states. A pedestrian who is hit by a vehicle is typically covered under the vehicle’s liability.

A lot of states that don’t have personal injury protection have auto medical payments coverage, but some states have both coverages. The AMP is a first-party coverage as well, without any regard to liability. However, it is only subrogatable in few states, and usually optional. The PIP and AMP limits range from about $1,500 to $250,000, although this is dependent on the state and the injury. Many insurance providers currently have a moderately low limit of approximately $5,000. A no-fault policy in Michigan provides extensive rehabilitation and medical benefits. Claimants who have been affected by an auto accident will be wise to submit their personal insurance information to the medical providers since third party carriers are not under any legal obligation to pay the claimant’s medical bills, but first party carriers are under obligation.

Third party carriers may be subject to payment after a judgment is given against them. Any payments which are made before that time are considered voluntary. Also, settling a claim with the third party carrier is deemed a voluntary payment.

What does personal injury protection cover?

Personal injury protection provides vital protection from the expensive medical costs after an accident. Since it is such a significant coverage, the policyholder must check the specifics of their work-loss coverage and health insurance plan. This can help to determine how much personal injury protection coverage to add to the existing car insurance policy. Personal injury protection coverage can only be claimed in certain states. Although the specifics can differ substantially by state, personal injury protection covers the policyholder, drivers listed on the policy, and the passengers as well.

In the case of any accident-related injury, this personal injury protection can cover the following;

Medical expenses

Medical expenses and surgical treatment, as well as dental and optometric treatment, are covered by PIP. Some other expenses include nursing and ambulance services, medication, prosthetic devices and medical supplies.

Lost wages

Even though this applies in some cases, if the policyholder or his/her passengers are not capable of working due to the accident-related injuries, personal injury protection can help them recover the lost wages.

Substitute servicesIf accident-related injuries prevent the holder or those covered from carrying out household tasks, such as cleaning, PIP assists them and pays for alternative services, such as a cleaning crew.

Legal Options After a Texting and Driving Car Accident

A National Crisis

What do a twenty-one year old construction worker headed to a temporary job, a twelve year old boy on an errand with his mother, and a thirty-five year old off-duty police officer have in common? They are part of a tragic group of national statistics that represents fatalities of distracted driving. In all three cases, the operator of the other vehicle involved in the accident was operating a mobile device at the time of the accident. While the real-life accidents described above happened across the country, Texas is certainly no stranger to similar tragedies. Records going back to 2011 show that on average, thousands of accidents occur annually in Texas that are directly attributable to the driver at fault having been distracted by using a mobile device.

A Crisis That Isn’t Improving

But, you may be thinking, in addition to hearing a lot about this horrible kind of accident, I’m also hearing a lot about laws that have been or that are about to be passed, to stop this kind of behavior. Surely, these horrible statistics are dropping? However, a study conducted by the Texas Department of Transportation (TXDOT), showed that in one year alone (2011), more than three thousand people were in vehicle accidents as a direct result of distracted driving, either as passengers in a vehicle being driven by a distracted driver, or as a result of coming into contact with one. And while some of these accidents were caused by “traditional” methods like “light in the eyes” or “kids fighting in the backseat”, a disturbing number of them were caused by a driver having a conversation or reading and writing (texting) with a mobile device prior to the accident. A few years after the release of the TXDOT study, a National Highway and Transportation Safety Administration study indicated that highway fatalities during 2014-2015 were up eight percent nationally overall. While other factors like low gas prices and nice weather may have played a role here, many safety and law enforcement experts pointed fingers at texting while driving.

A Crisis That’s Deadlier Than Drunken Driving

If you’re thinking that reading and writing while driving, an activity that requires the vehicle operator to be looking directly at the road at all times while operating the vehicle is a bad idea, you’d certainly get no complaint from the experts. You are six times more likely to get into a car accident while texting and driving than you are while operating a motor vehicle intoxicated. Driving a car is an activity that requires extreme mental concentration. Research has shown that while texting, drivers are taking far longer to read and send messages than they think they are, and during that time, their eyes are not where they should be. So since drivers are bad at both multi-tasking and unfortunately, texting self-control, the law will protect us from those texting while driving, correct?

A Crisis That’s Being Slow To Be Resolved

Yes and no. Despite pressure from both parties of an otherwise partisan Congress, no national laws currently exist to address this type of distracted driving. A number of states have drafted such restrictions, many of them amended in recent years to address growing problems with texting while driving. But distracted driving laws vary greatly state by state. Texas has no state-wide cell-phone driving law, unless one is a novice driver. However, communities can establish their own regulations, and more than sixty jurisdictions across the state have approved ordinances forbidding the use of hand-held devices while driving, texting while driving, or using mobile devices in a school zone for drivers of all ages and classes. Fines range from two to five hundred dollars, and depend on the community the infraction occurs in. Some Texas communities continue to have no driving and device prohibitions at all.

Defending Yourself Against Device-Distracted Drivers

Since Texas legislators seem to be reluctant to issue regulations concerning texting and driving, it’s not surprising that busy law enforcement officers in some communities don’t feel that apprehending texting scofflaws is a priority. In any case, it’s difficult to prove that a driver was texting, looking at GPS, playing Candy Crush, or watching a movie instead of the road. This means drivers have to protect themselves against those who text and otherwise while driving. This can be accomplished by driving defensively, and keeping a keen eye peeled for drivers who swerve unexpectedly into other lanes, drive well below posted speed limits, ignore stop and other warning signs, and are oblivious to changing traffic signals. They can abstain from texting themselves while driving, refuse to be the passengers of those who do, and monitor their children’s own cell phone and driving use, and always present them with the best examples. But unfortunately, even being proactive won’t always protect one from being the victim of a texting driver. Victims finding themselves in such situations may well need the services of a Texas personal injury lawyer.

Why Protecting Yourself After Such An Accident Can Be Difficult

To the victims of a “texting car accident”, the facts seem pretty obvious. But as a Texarkana car accident lawyer could tell them, things are not quite that simple. Texas’s sporadically enforced “texting and driving laws” mean that victims can’t expect compensation from a law with lesser penalties than some traffic violations. But that doesn’t mean that victims of such accidents don’t experience real pain and suffering. And those problems don’t end after impact. The results of car accidents often include repair expenses, lost income, and medical problems. Some of these unfortunately remain issues for years. But, you’re thinking, that’s why we have auto insurance. Surely their policies pay for damages in this type of accident. And indeed they do. But remember, insurance companies are huge, for profit companies that aren’t going to make payments unless they absolutely have to. It’s the job of insurance investigators not just to collect facts, but to dispute the cause of accidents to avoid these payouts. When they do agree to make these payouts (called settlements), it’s their job to convince victims to take as small a settlement as possible. In many cases, pressured, frightened, victims agree to settlements worth thousands less than what they were entitled to.

How Personal Injury Lawyers Can Help

And texting while driving accidents can often offer opportunities for insurance investigators to dispute the cause of an accident, especially if there are no independent witnesses to it. In such cases, the help of an El Dorado car accident lawyer can be invaluable. Such attorneys can interview witnesses, review official law enforcement documents, and work with experts to reconstruct accident scenes and collect evidence. It’s been said that there are three real witnesses to an accident involving texting while driving: the operator of each vehicle, and the device being used for texting. You can’t issue a request for the driver’s device to be examined to see if it was used in such a way that contributed to your accident. But your lawyer, as an officer of the court, can. And your attorney can also file paperwork, schedule court dates, deal with insurance companies for you, and assist you with getting money for medical and living expenses as your case pends, as well.

 

Contact Us Today For A Consultation

As wonderful as the digital highway is, it’s impossible to constantly avoid irresponsible drivers on it. And while more and more Texas communities are continually adding device and driving laws to protect motorists and passengers, it’s a big state. If you or a loved one finds yourselves in the unfortunate situation of being victims of such an accident, don’t hesitate to call a Texarkana personal injury lawyer. He or she will help you in the aftermath of such an accident, and get you back on the literal road again as quickly as possible.

Spinal Cord Injury: Causes and Symptoms

Although Flint & Soyars P.C. routinely helps clients that have suffered from spinal cord injuries, we’ve found that a large number of people are unaware of the symptoms that are normally associated with spinal cord injury. Given the variety of causes that can result in a brain & spinal cord injury, we felt it was important to go over both the causes and symptoms of spinal cord injuries.
What is a Spinal Cord Injury?As the term implies, a spinal cord injury is the result of damage applied directly to the spinal cord. Unfortunately, the spinal cord has a far greater impact on the motor function of the body than virtually any other component. This means that a spinal cord injury can have lasting effects on a person’s life.The reason that the spinal cord is so much more valuable than other parts of the body largely has to do with the way in which it is constructed. The spinal cord is largely a collection of various nerves that the spine is designed to protect. Since the spine contains many nerves and is directly connected to the brain, it is largely responsible for the transmission of these nerves back and forth between the brain and other parts of the body.

When the spinal cord then suffers from an injury, it effectively prevents the body from properly sending signals back and forth from the brain to anywhere else. For the person, this lack of signals translates into an inability for them to properly move their muscles. The actual severity of this paralysis largely depends on where the injury took place. If the spinal cord was damaged in a lower section of the back, then it will translate into an inability to move the legs. If a different part of the back is hurt, closer to the neck and brain, then it can unfortunately result in the person losing control of their entire body below the neck.

What Are The Usual Causes of Spinal Cord Injuries?

Although a spinal cord injury can occur from virtually anything, there are a few common events where a spinal injury is far more likely to occur. These types of situations include a violent attack, a swimming pool accident, a car accident, a severe impact from a fall from a great height, and an accident involving electricity. Although most people recognize these types of accidents as potentially doing damage to a spinal cord, not many people consider how dangerous electricity can be. Still, accidents can occur from the least likely of sources, which just emphasizes how prepared people should be at all times. No one wants to dwell on the possibility of injuries from unforeseen events, but that doesn’t mean you should willingly ignore any opportunity to prepare yourself and your family for any possibility.

What Are The Symptoms Associated With Spinal Cord Injuries

As previously mentioned, spinal cord injuries can often result in a person losing all motor function of their body below the source of the injury. This includes an inability to walk, control their bowels and bladder, move their arms, or control the movement of their head. In addition to these common symptoms, there are also plenty of lesser symptoms that can develop as a direct result of a person being incapable of moving their body properly. This can translate into an increased frequency of headaches, pain in the back of the neck beyond the injury, and even unconsciousness. If a person is exhibiting signs of an injury such as shock or unconsciousness, then it’s important to get them medical attention as soon as possible.

Although most people can recognize the effects of a spinal cord injury after the fact, that doesn’t mean people always get the medical attention they need right away. This is why it’s important to seek medical attention immediately following a car accident or other unfortunate event. Even if you think you’re fine immediately after the fact, when your adrenaline is still pumping, you may arrive at the doctor only to find out that your body has been dealing with significant damage that you were simply unaware of. In order to minimize the amount of permanent damage to your body, it’s always a good idea to seek out a doctor and have them give a professional diagnosis, as well as any recommended treatments.

What Should I Do With A Spinal Cord Injury

If an accident has just occurred, and you believe that you or someone you know might be suffering from a spinal cord injury, then your next step should be to call 911 immediately. As mentioned before, medical attention is heavily time-dependent. The sooner you can get help to yourself or to someone else, the better the chances of them emerging relatively unscathed.

While waiting for medical teams to arrive, don’t move the person you suspect of having a spinal cord injury. Yes, this also includes attempting to remove any helmet or alter the position of their head in anyway. Let the experienced medical personnel handle any re-positioning that might need to occur. Instead of manipulating the victim after the accident, you should instead devote your time to recording everything that has happened. If it was an accident where liability needs to be determined, you should contact a personal injury lawyer and start having a discussion about possible legal actions.

After speaking to a lawyer, your next step will be to start recording everything that has taken place. Regardless of whether you think the information will be relevant, it’s always a good idea to note down anything and everything that occurred after the accident. This will not only help you in the future, it will also give your lawyer plenty of information to build your case around. By being studious after an accident, you can also greatly improve your chances of receiving a larger payout from your insurance company. If you or someone you know is dealing with a spinal cord injury, then every bit of financial help will be welcomed.

In addition to stopping yourself from moving the victim, make sure you tell them to stay still as well. Even if they insist that they’re not in as bad shape as it seems, convince them to stay still. Moving after a serious injury can make an injury far more severe than it already is. Of course, there is one exception to this rule. If someone is no longer breathing, then it is entirely appropriate to move their body in the course of CPR. In this case though, it’s important not to move the head all the way back. Instead, simply tilt their jaw forward to help gain access to their breathing passageway.

After trained medical personnel have arrived on the scene, they will take the victim back to the hospital, at which point doctors can then perform more rigorous tests to determine the extent of the damage.

How Can I Prevent a Spinal Cord Injury?

Although it’s been said for many years now, one of the most important things you can do to protect your spine is to wear a seat belt in the car. Although many states have laws related to riding in a car with a seat belt, there are still far too many cases of people ignoring the law and putting their lives in serious jeopardy. Don’t be one of those people.

Aside from car accidents, the other most popular causes of spinal cord injuries are typically sporting events and swimming pools. In the case of the former, wearing the proper protective gear at all times is highly recommended. Sports are a great way to relieve stress, but that doesn’t mean you should get so carefree that you put your body at an unnecessary risk. In regards to swimming pools, the simplest advice is to never go diving into a pool that’s less than at least six feet deep. If you want to be especially safe, don’t dive into any pool that you haven’t at least examined first. Of course, this applies even more so to lakes and ponds, where hidden rocks can cause serious damage to an unaware driver.

Who to Contact After a Spinal Cord Injury

If you or someone you know has suffered from a brain & spinal cord injury, whether it was from a workplace accident, a car accident, or a different issue altogether, then please do not hesitate to contact Flint & Soyars P.C. We have many years of experience in helping victims get the money they deserve, whether it be from a lawsuit, an insurance claim, or any other legal arbitration they require. We’ll fight for you through each phase of the claims process and make sure that you’re properly taken care of in the end.

How to Solve Insurance Disputes in Texas, Arkansas, and Louisiana

Flint & Soyars Law Firm is a principal Law Firm licensed to operate in Texas, Arkansas, and Louisiana. The firm provides legal services on personal injury and all kinds of insurance disputes. The firm consists of a highly experienced team of lawyers with exceptional skills on navigating any legal issue in the Ark-La-Tex region.
The firm has an enviable reputation for handling complex legal matters. The company’s attorneys are known to go an extra mile on behalf of their clients. This includes hiring investigators and other law experts from other companies to ensure that clients get the best possible outcome.Why you need an attorney to help you file a successful claim

After filing a claim, an insurance company may give you a feedback that you had not anticipated. In such a case, the insurance claim may end up as a legal dispute between you, the policyholder, and the insurance company.The differences often result from insurance companies being profit-making enterprises that sometimes seek to hold some claims to avoid losses. Insurance companies often train their adjusters and agents to offer little claim settlements to maximize their profits. In some instances, they even fail to uphold fairness while apprehending settlements.

For this reason, clients are forced to look for legal assistance to settle the resulting disputes. Some of the legal services that require an experienced attorney’s intervention include uninsured or underinsured motorist claims, personal injury protection claims, life insurance claims, and property and casualty claims. Without the help of a lawyer, insurance-related disputes can cause financial and emotional stress to claimants.

Qualities of a Good Legal Advisor on Insurance Disputes

When choosing an agent to file a claim, it is recommended that you choose lawyers who have successfully settled numerous insurance-related disputes. The attorneys must also possess reliable experience on handling disputes related to life insurance claims, property damage claims, disability benefits, health care claims, undervalued claims, and bad faith insurance practice. An experienced attorney is able to establish all insurance liabilities.Moreover, attorneys should have a passion for advocating for their clients’ rights. They should ensure that claimants get a fair and meaningful insurance compensation. Their services must also be affordable and standard.

The most common insurance disputes are;
• Little compensation
• Policy cancellations
• Healthcare denials
• Poor interpretation of policy plans
• Deceptive advertisements
• Insurance fraud

How to File a Successful Insurance Claim

To process your claim, legal officers will require you to provide them with any information necessary for making a successful and fair settlement. The information requested includes;
• Contact address of the client
• Name of the insurance company
• Names of agents and adjusters
• The customer’s policy number
• Customers claim number and date of loss
• Copy of insurance card
• Statement of the customer’s issue
• The clients desire on the problem
• Supporting documents such as invoices and advertising materials.Our attorneys will then use the information as evidence to fight for the rights of their clients. Upon receiving a customer’s request, the attorneys contact the insurance company and ask for appropriate information regarding the claim of the customer.

The attorneys evaluate if the insurance company settled a client’s issue as required using their policy regulations concerning coverage. The lawyers then decide if the insurance company was in line with the specific state’s regulations before taking a legal action.

Besides filing claims, Flint’s lawyers will also assist their clients to legally determining who was at fault when an accident or loss occurred. They also give legal advice and medical judgments that are necessary for fair compensation.

Insurance-related Disputes on Personal Injury

Personal injuries can induce suffering to clients and their family members. Customers will face a burden in meeting their medical bills due to the time spent off duty. If personal injuries arise due to negligence, clients have a right to be compensated for all losses and suffering. At Flint & Soyars, personal injury lawyers will follow up on the case from the onset till a positive outcome is achieved.While most legal companies are sympathetic towards a client’s interruption of their normal life due to an accident, customers still face many problems while recovering, filing insurance claims and negotiating for fair compensation from insurance companies. Subsequently, our attorneys are dedicated to fighting for a client’s rightful compensation to help them to recover from injuries. The lawyers will investigate the accident, come up with the type of medical care and financial support required, and fight for a settlement that will take care of their clients’ needs.

Our firm’s major areas of specialization in personal injury include settling disputes related to car accidents, truck accidents, train accidents, wrongful death, disability resulting from accidents, and premises liability.

Car accidents

In cases of personal injury arising from car crashes, car crash attorneys with reliable experience on all insurance liabilities concerning car accident cases will take over the case. The lawyers advocate for the rights of persons injured in car accidents and families who lose their loved ones in fatal auto accidents.The attorneys have a wealth of experience in identifying insurance liabilities in car crashes that other general practice attorneys may not identify. For instance, most general practice attorneys will see liabilities from public car insurance policies but skilled lawyers are able to determine additional obligations such as uninsured and underinsured motorist’s coverage.

Drunken Driving Accidents

Lawyers should be aggressive when dealing with cases involving drunk drivers. Often, drunk driving cases result in higher compensation compared to other cases of negligence. If a drunk driver is held guilty before a court of justice, their insurance policies should be held liable to compensate for medical expenses of those injured, lost wages, pain and suffering among other losses.Our lawyers will look for tangible evidence of drunk driving with supporting evidence from the driver’s traffic violations records. If the attorneys establish that the driver had a history of negligence, they will utilize the evidence to help clients get maximum compensation.

Truck Accidents

In cases where persons or a member of their family has died in an accident involving heavy or light trucks, lawyers who are specialized in trucking company liabilities will take charge of the case. They will move to establish obligations that would lead to a meaningful compensation for the client.Train Accidents

In most accidents involving a train and a car at the railroad crossing, insurance providers accuse car drivers of not obeying traffic rules. General attorneys often shy away from such cases because due to the difficulties involved in getting evidence to prove liability.Despite the difficulties, experienced lawyers have dealt with such cases and succeeded to identify negligence in part of the train driver or the railway company. Our lawyers often have to generate evidence from the train’s data recorder such as speed and time when the whistle was blown.

Permanent Disabilities Resulting From Personal Injury

Traumatic brain and spinal cord injury from accidents can lead to disabilities. For this reason, the affected parties are forced to live a life of dependency. Our lawyers will strive to ensure that clients get fair insurance compensation for lost wages, pain and suffering, and costs for the current and future medical expenses that they will incur.
Wrongful Death
Our attorneys help families that have lost loved ones to auto accidents, trucking accidents, motorcycle accidents, and other types of accidents. They also provide legal advice before signing any insurance form concerning wrongful death. On agreeing to represent the family, the attorneys move to establish how the death occurred. They hire investigators who help in exposing the truth.Nursing home abuse

Some insurance companies place little value on death or injury of an elderly person in a nursing home. They support their low compensations for such acts by the fact that the elderly are economically unproductive.Our lawyers treat all cases of nursing negligence with the weight they deserve. The elderly may not have a long lifespan but it does not mean they should suffer wrongful deaths. Our lawyers will help our clients to hold nursing facilities accountable for negligence where wrongful deaths occur within them.

Some of the cases of nursing negligence that our attorneys have handled include bed sores that may lead to infections or injuries, deaths caused by patient restraint, falls and injuries caused by nursing negligence, and improper medication.

Do not allow an insurance company to take advantage of your situation. If you feel that you have been denied a fair settlement or your claim has been undervalued, contact Flint & Soyars law firm for legal advice. Our lawyers will fight to ensure that you receive the best outcome possible. Our attorneys are passionately dedicated to protecting the rights of policyholders’ throughout Texas, Arkansas, and Louisiana.

Consulting our legal advisors is free. In case a customer wants a home or hospital visit, our lawyers are always ready to visit upon request. We also give clients enough time to decide whether they will work with us. Our success at achieving the best outcomes for our clients prove that we are committed to setting the highest standards in the industry.

Top Ranked Law Firm in Personal Injury Texas, Arkansas, and Louisiana

It only took a second, and your life changed. What seemed to start out as a normal day has now ended with you in the hospital? Sadly, the injury that you suffered will cause you a lot of physical, emotional, and financial pain. Now what do you do?
This is a scenario that the attorneys at Flint & Soyars, PC have heard many times. A person is injured unexpectedly, and at no fault of their own, and now their life is in chaos. It is for this reason that Flint & Soyars has dedicated our practice helping those who have been injured as the result of negligence by another person or entity.Flint & Soyars has been successfully representing clients in Texas, Arkansas, and Louisiana for over 30 years. We believe in helping everyone who has been injured, and we often take, and win, cases that other attorneys decline. It is our belief that everyone has the right to be compensated for their losses when negligence caused an injury.Overview Of Personal Injuries

Personal injuries are any type of injury that is caused by the negligent act of another person or entity. These types of injuries can range from mild to severe. The most common personal injuries include:

• Slip and Fall Injuries
• Car and Truck Accidents
• On The Job Injuries
• Animal Attack
• Dangerous Medicines and Medical Devices
• Medical Malpractice
• Nursing Home Abuse

Of course, there are not the only places that an injury can occur. The types of injuries suffered will vary based on the type of accident.

What Is A Catastrophic Injury?

Catastrophic injuries are the most serious type of injury. These are life-changing injuries which may include:

• Loss of Limb(s)
• Paralysis
• Loss of Vision, Hearing or Speech
• Traumatic Brain Injuries
• Spinal Damage
• Disfigurement

These types of injuries will require the victim to undergo lifelong medical treatment, will change their potential to earn a living, and will most likely cause significant emotional trauma to the victim and their loved ones.

Catastrophic injuries can happen in any type of situation. There are no set standards on how this type of injury has to occur. The determining factor is the severity of the injury.

Wrongful Death

A wrongful death occurs when a person dies from the injuries that they received as the result of an accident. Wrongful deaths do not have to happen instantly at the accident. However, when a wrongful death does occur at a later time, it must be shown that the death was a direct result of the accident and injuries.

In most cases, the surviving spouse and dependent children are the only people that can qualify to file a wrongful death claim. Some instances will allow additional family members to seek a wrongful death claim if the deceased provided over 50 percent of their income and support. When the accident involves a minor, the parents or legal guardians may have the right to file a wrongful death suit.

How We Can Help

Things may seem hopeless after you have been involved in an accident. The physical injury is causing you to miss work, you have what seems like endless doctor visits, and the bills associated with the accident are piling up on the coffee table. What makes matters even worse, no one from the insurance company seems to understand the seriousness or extent of your injury.

The insurance company is continually declining medical treatment options and sending reps to your home to try and negotiate a settlement. You keep telling them that you are not interested in a settlement because you are not even done with your treatments. The vicious circle continues and the emotional strain from everything surrounding the accident is taking its toll on you and your family.

Enter Flint & Soyars, PC

Attorney Bruce Flint and his partners understand how accidents change lives. They understand the suffering of their clients and the frustration they feel when dealing with the insurers. They know that their clients deserve compassionate and aggressive representation, regardless of the size or difficulty of their case.

When we represent a client we will:

• Listen Carefully. It is very important for an attorney to take the time to listen to everything about the accident and the injury. The attorney needs to be able to connect with their client so that they can effectively represent their case. Our attorneys will always take the time to learn and understand the events that caused your injury and how this injury has impacted your life.
• Be Understanding. We know that injuries received in an accident can often cause problems for our client that makes them feel embarrassed or uncomfortable. We will give our clients the compassion they deserve when dealing with these delicate subject matters.
• Give Compassion. When a loved one loses their life in an accident, the family members are left behind to deal with the aftermath and the emotional pain. We will work with you to help you get through this legal process as gently as possible. We know that you have suffered tremendously and do not want to inflict additional pain.
• Use Our Resources. We have built many professional relationships in the community and we will access all of our resources to represent your case. This may include calling in accident reconstruction specialists, medical experts, expert witnesses, or investigators.
• Negotiate Aggressively. A large part of working with an insurance company is having the ability to negotiate with the insurance adjustor. Our attorneys have specific skill sets that enable them to work with adjusters to the advantage of their clients.
• Ensure Fairness. We will make sure that the insurance company treats you with fairness and the respect you deserve. Our attorneys will make sure that the insurer honors all of the state laws that apply to your case as well as all of the terms of the insurance policy that covers the accident. We will also make sure that any settlement that is offered is complete and fair and covers your actual losses, not just those perceived by the insurer.

Never Any Up Front Legal Fees

There are many people who have been injured in an accident that never seek compensation for their losses. These victims believe that they cannot afford legal representation. In an effort to make sure that everyone has quality legal representation, regardless of their financial situation, our firm works on a contingency basis.

A contingency basis means that we do not require any up-front legal fees for our services. We only charge for our services once your case has been finalized. Our “No Fee Unless We Win” method of charging our customers guarantees that everyone has equal legal representation and that our attorneys will always fight hard to win.

If you have been injured in an accident that was the result of another person’s negligence, you are encouraged to contact our office for a free case evaluation. There are no cases too big or too small for us to handle. We will gladly review your case and provide you with the information you need to determine if you can qualify for compensation for your losses.

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.

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.

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.

Jail

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.

Fines

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.

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.