law 5/8/19 – Personal Injury / Pedestrian / Elder Abuse / Nursing Home Abuse – gtg





I was recently hit crossing a cross walk on my way to work. The person driving the other car just drove off and left me for dead. Don’t get me wrong, I was fine, but the driver of the car didn’t know that. Luckily, I found a good personal injury lawyer because I wanted more that just money for my medical expenses, I wanted revenge. When I got hit, I tried my best to see who hit me and I tried to remember their license plate number. It all happened so fast and I was in so much pain that I couldn’t even read it. However, I was able to see that the driver was in a blue Jetta. I never lost consciousness, so I was able to tell the police that the driver was a blue Jetta while I was being attended to. I has happily surprised to learn that there is a camera that looks down over that intersection and that the police were going to study the tapes to see if there were clues as to who was driving the blue Jetta. I had several injuries. Most of them were minor, but I did have a broken leg and broken ribs. I needed surgery on my leg so I ended up spending a little over a day at the hospital. Right before I was supposed to leave the hospital, the police contacted me to say that they had the blue Jetta hitting me on video and that they were going to release it to the press in order to get the public’s help in trying to find the driver. That night, I saw the video on the news and it made me furious. I really wanted to sue the driver. I called a personal injury lawyer right away and explained my situation. The lawyer agreed to take my case right away. He said that he had just seen the video on the news and that there was no way that he wouldn’t be able to collect a big payday for me. The only problem was that the driver was no where to be found. The next day though, we got a break. A neighbor of the blue Jetta’s owner called the police to say that they recognized the car. The car, it turned out, belonged to a well-to-do doctor in an expensive neighborhood. The police visited the doctor’s house with a search warrant and found the blue Jetta and saw that it had recently been in an accident. The doctor cooperated with police and it was soon discovered that it wasn’t the doctor, rather his son who was behind the wheel when the car ran me over. So the son was arrested and charged with a hit and run. From what I understand, the doctor was very disappointed. In any case, my personal injury lawyer was able to settle with the family out of court for a large amount.


What is the process of a personal injury case?
The process of a personal injury case is always the same, no matter what type of case it is (medical malpractice case, civil rights case, car accident case, fall down case).
Once you provide us information about what happened to you, what medical injuries you’ve sustained, and the sort of treatment you are receiving, we obtain all medical records and do our investigation. In a car accident case, for instance, we go to the scene of the accident, take photographs, speak to witnesses, and so on.
Once the investigation stage is done, we send all the itemization to the opposing insurance company, and the settlement negotiations are started. If the parties cannot reach a settlement, we file suit.
Once the lawsuit is filed, the court sets certain time tables, telling us by what date we must complete our discovery (depositions, interrogatories, and so on). After that, the court will set the trial date.
Before the trial date, the parties usually go through a pre-trial settlement conference. You may or may not be involved in the pre-trial settlement conference, but you will always be informed of what happens at the conference. If the parties cannot reach an agreement there, the trial date will be set and the parties will go to trial, at which point you will be fully engaged in the trial process.


Elder Abuse Warning Signs — How to Identify Nursing Home Neglect

Elder abuse is defined as intentional neglect by a caregiver, particularly in a nursing home setting. Reports of elder abuse and neglect have been steadily increasing in recent years, and with nearly 1.8 million senior citizens presently residing in nursing homes, elder abuse requires immediate attention. For more than a decade, the National Center on Elder Abuse (NCEA) has been spreading awareness on the issue of nursing home abuse, releasing a steady flow of literature helping Americans prevent and identify instances of elder abuse. If you have a loved one living in a nursing home, check out these NCEA tips for preventing neglect and abuse in nursing home settings.

Report the Abuse

First and foremost, if you believe abuse is taking place in any way, you should report it. Even if you believe the issue has already been reported, you should insist that the problem be investigated. Two ways to file such a report are with local law enforcement or with a local adult protective service agency.

Decrease Isolation

One of the most common circumstances in cases of elder abuse is isolation. A resident has withdrawn from his or her community, spending a lot of time alone. This often occurs if the resident has been suffering from some form of abuse. A good way to help prevent nursing home abuse is to stay in contact and make sure your loved one is content and sociable. Furthermore, going out of your way to talk with the withdrawn resident may encourage them to speak up about abuse.


It can do wonders for residents of nursing homes to see fresh faces in the facility. If you have the time, see about volunteering in your loved one’s home in any way you can. Not only can the presence of volunteers lift resident’s spirits, it can also help to deter employee abuse.

Be Observant

Lastly, you should be observant. Watch your loved one and other residents in the home. See how they interact with the staff. Make note of any peculiar markings on their persons; i.e., bruises, scrapes. Be aware of residents who seem fearful, nervous, or depressed.

If you have a loved one living in a nursing home, you should do your best to make sure he or she is safe and content. If you feel they are a victim of abuse, notify the authorities and contact our office for a consultation.


Keep Your Loved Ones Safe from Nursing Home Abuse and Neglect — Tips on How to Inspect a Nursing Home

In the US alone, there are currently more than 1.5 million senior citizens receiving care in more than 17,000 nursing homes. Unfortunately, the safety of these residents cannot be guaranteed. Nursing home abuse and neglect was reported in 30 percent of all the nation’s nursing homes for a two-year period of time. That is roughly 9,000 abuse reports in a span of two years. Shocking, to say the least.

Elder abuse and neglect has become an increasing problem in this country, with some studies showing that the problem is growing exponentially every year. The senior and disabled residents staying in nursing homes are largely unable to defend themselves against the verbal, physical, and emotional abuse that plagues them. This is why it is important for family members to carefully inspect a nursing home before committing their loved ones to live there. The following are some ways that you can vet a prospective nursing home:

Visit the Nursing Home: Do not trust brochures, websites, or quick tours to give you a full and accurate picture of the facility. Visit the facility at different times of day. Compare your morning visit to your evening visit. See if the energy level of the staff and residents is noticeably different. Keep an eye on hygiene. Is the place dirty? Is there an odor?

Speak with Residents: When making sure a nursing home is safe for a loved one, the best people to ask are current residents. Do they seem content or depressed? Do they have positive things to say about the home? While talking with them, take a close look: Are they well groomed; meaning do they have good skin care, oral care? If you can, speak with family members of residents. See if they have any concerns or comments.

Find Out About Staffing Levels: One of the leading causes of nursing home abuse and neglect is understaffing. Many employees who abuse residents do not take pleasure from it; some are overworked, frustrated, poorly paid, and poorly trained. Their stress causes them to act out. If the staff at your prospective nursing home seems burnt out or overwhelmed with their duties, you may want to keep looking.

Elder abuse in nursing homes is a serious problem. If you are considering placing your loved one in a facility, we advise that you take your time and carefully make your decision.

If you have a loved one already living in a nursing home, you should do your best to make sure he or she is safe and content. If you feel they are a victim of abuse, notify the authorities and contact our office for a consultation.


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