June 16, 2022

Auto Accident TBIs

Auto Accident TBIs

If you’ve recently been injured in an auto accident and the harm you’ve suffered includes a traumatic brain injury, it is time to speak with an attorney about your rights and options under the law. You may be eligible to receive one or more kinds of compensation, depending upon the nature of the circumstances that led to your accident. Once an attorney has thoroughly evaluated your situation in a risk-free consultation setting, they can provide you with an objective analysis of your unique rights and options.

Generally speaking, there are two primary kinds of compensation that auto accident victims pursue in regards to traumatic brain injuries sustained as a result of auto accidents. While the auto insurance claims process will come into play at some point along your road to legal, financial, and medical recovery, compensation for your injuries will likely be rooted—at least, primarily—in a workers’ compensation claim and/or a personal injury lawsuit.

Workers’ Compensation Claims

Unlike personal injury damages, you can pursue workers’ compensation benefits as a result of your TBI even if the accident that led to your harm was partially or totally your fault. Why? Workers’ compensation is a no-fault system. This means that workers who are eligible for this coverage cannot sue their employers when they get hurt—although they may still sue third-parties, as detailed below—but they are, instead, granted the right to benefits if they sustain work-related harm regardless of who or what caused the harm in question.

Sometimes, when workers sustain very minor injuries on a traditional jobsite while surrounded by witnesses, it’s fine for them to file a workers’ compensation benefits claim without the aid of an attorney. However, as an experienced brain injury lawyer – including those who practice at the law firm of Barry P. Goldberg – can confirm, an off-site auto accident can cause the benefits claims process to become much more complex. As a result, it is generally a good idea to connect with an attorney who practices law in your state if you wish to file a workers’ comp benefits claim after sustaining a work-related TBI as a result of a car wreck.

Personal Injury Lawsuits

If another driver or other party contributed to the causes of your crash, you may have grounds upon which to file a personal injury lawsuit. For a personal injury lawsuit to be successful, you’ll need to prove that the defendant in your case caused your injuries by virtue of their negligent, reckless, or intentionally harmful conduct.  

May 31, 2022

 Nursing Home Abuse and Neglect Injuries

 Nursing Home Abuse and Neglect Injuries

There comes a time for many families when a decision needs to be made about where their elderly loved ones should live out their remaining years. If they are unable to live on their own but need more care than the family can provide, that decision is often to place the loved one in a nursing home. While many of these facilities do provide the care residents need, there are tragically too many where residents are exposed and subjected to abuse and neglect. If your loved one has been a victim of nursing home abuse, one of the state’s nursing home lawyers can help.

Types of Abuse

In order to be able to recognize red flags that could indicate a resident is being abused, it is important to understand the different types of abuse:

  • Physical abuse: Unfortunately, far too many seniors are victims of physical abuse, however, this is often the easiest type of abuse to identify because of the signs. The hitting, slapping, punching, pinching, and other abuses leave bruises, welts, cuts, and other physical evidence.
  • Emotional abuse: Nursing home lawyers know that this type of abuse is the most common, but also difficult to identify. The resident is subjected to insults, belittling, and other verbal mistreatment. Signs of this type of abuse include social isolation, changes in behavior, depression, and mood swings.
  • Sexual abuse: A resident can suffer sexual abuse from nursing home staff or other residents. The majority of sexual abuse cases are against elderly residents who are no longer mentally or physically able to provide consent.

Should You Take Legal Action?

Each state has a designated agency that is in charge of overseeing nursing homes. If there are any incidents where a nursing home resident is a victim of abuse, then the agency must conduct a formal investigation when they are notified of the incident. Depending on the findings of the investigation and/or how many complaints are filed against a facility, the state has the power to pull the nursing home’s license. Tragically, this is why many facilities try to cover up incidents of abuse and/or neglect instead of confronting it head-on. It is also why many victims’ families turn to nursing home lawyers who specialize in nursing home abuse for legal assistance.

Contact a Personal Injury Law Firm Today

When families place their loved ones in nursing homes, they are entrusting the staff to not only provide good care for their loved one but to do so with the respect and dignity they deserve. It is heartbreaking to discover that your loved one has been abused and/or neglected by the very people you trusted to take care of them., contact an attorney, like nursing home lawyers from a law firm like Wieand Law Firm LLC.

April 14, 2022

Signs it Might be Time for Divorce

Divorce Attorney

Unfortunately, not all marriages are meant to last, and sometimes getting a divorce may be the best way to handle a situation even when children are involved. Although divorce should never be something to take lightly, there are some signs that might indicate that it’s time to consider a divorce. 

You No Longer Communicate

Communication is a crucial component for marriage. If you find that you and your spouse no longer communicate or when you do it often ends up becoming an argument, then it may be time for a divorce. 

Your Marriage Lacks Intimacy

Although physical intimacy isn’t everything in a marriage it is a crucial element. It’s natural for couples to be less physically intimate goes on especially when dealing with parenting. However, completely losing physical intimacy is often a red flag and can spell marriage problems. 

A Spouse is Causing Financial Problems

Money problems are one of the top reasons for divorce. When a couple can’t agree on how to spend or save their money or when one spouse is dealing significant financial damage–such as supporting a gambling or drug addiction–then it may be crucial for your financial health to divorce. 

Any Type of Domestic Abuse

When it comes to domestic abuse we tend to think of physical abuse, but there are other forms of domestic abuse as well. These other forms include emotional and psychological abuse and sometimes they can go hand-and-hand with physical abuse. No one should ever have to be a victim of any type of domestic abuse.

Disagreements When it Comes to Raising Children

Raising your children may be the most important element of your marriage and disagreements regarding your children can severely impact your marriage. Although sometimes these can be minor disagreements such as what school a child should attend, other times they can be far more serious such as how to parent a child with a physical or mental disability. While divorce can be extremely stressful when children are involved, in some cases it’s actually for the betterment of the child if their parents get divorced. 

If Any Cheating is Involved

If your spouse has cheated or is currently cheating then this is often a strong indicator that it’s time for a divorce. Sometimes a spouse may be pursuing another partner/in love with someone else and in other cases, they may just be having a fling with no strings attached. Either case is a cause for concern. While some couples are able to work through an issue like a spouse cheating, for many couples it’s a clear sign that it’s time for a divorce. 

You Both Have Talked About It Before

Sometimes couples may even talk about divorce. While often in the heat of the moment, sometimes couples may even discuss this option calmly. Whether for their children, because they both feel that they’re drifting apart, or for another reason, if you have talked about divorce with your partner before and it sounds like they agree then getting a divorce may be an option to consider. 

If you are considering a divorce then you will want to make sure you have an experienced divorce attorney by your side. Our friends at Law Office of Daniel E. Stuart, P.A.

April 13, 2022

What Are the Most Common Construction Accidents

Personal Injury Lawyer

Construction is a very vital job profession that provides shelter. From our own homes or apartments, the stores we shop at every day, bus stations, airports, waterparks, and more, you can see construction in just about every area of society. 

Even though today we have more advanced equipment that makes construction projects easier and safer to conduct, construction is still a very dangerous field. Even a minor slip off of a roof may result in fatal injuries. While there are dozens of injuries that can result from construction accidents, some appear to be more common than others. 

The Fatal Four Injuries 

While there are numerous accidents that occur at construction sites, there are four typical ones that stand out due to their severity. These four are aptly titled, “The Fatal Four”: 

  1. Falling from certain heights
  2. Electrocution
  3. Being caught in either equipment or machinery
  4. Getting struck by an object

These accidents are usually life-threatening. Unfortunately, these four types of injuries are also common construction accidents that can happen even when the right safety precautions are taken. They can also happen due to another party’s negligence. 

Other Common Accidents 

In addition to the fatal four, there are many other accidents that can occur at a construction site. These accidents are often less serious, but can still deal serious harm. Some examples include: 

  • Falls from various heights, with even a minor fall causing injuries 
  • Vehicle accidents which often occur on highways or interstates 
  • Slips or trips with working on power lines being a major source 
  • Ground collapses with some workers being trapped or killed
  • Machinery accidents that may be caused by improper training, malfunctioning equipment, or other factors 
  • Repetitive motions that can lead to muscle strains, tears, or sprains

These are the more common accidents associated with construction sites. Regardless of the accident or injury, contacting a personal injury lawyer is a crucial step to take. 

Common Injuries From Construction Accidents

In addition to common construction accidents, there are also common injuries that happen. Examples of common injuries include: 

  • Burns, cuts, and lacerations 
  • Broken or fractured bones 
  • Back and/or spinal cord injuries 
  • Traumatic brain or head injuries 
  • Illnesses caused by chemical explosions 
  • Eye injuries and vision issues

While construction accidents are mostly associated with the workers themselves, construction accidents can also happen to citizens as well. For example, a construction worker dropping a hammer from a huge height can end up hitting a passerby, causing considerable damage. 

What Can Be Covered Following a Construction Accident? 

Following a construction accident, an insurance claim or lawsuit may cover the following areas:

  • Medical expenses
  • Lost wages
  • Out-of-pocket expenses 
  • Legal fees
  • When applicable, property damages
  • Pain and suffering 
  • Compensation for temporary or permanent disfigurements
  • Physical conditions like blindness or paralyzation 
  • A reduction in quality of life 
  • Emotional distress 
  • The development of conditions like post-traumatic stress disorder (PTSD)

These are some examples of what compensation can cover. For best results, consulting with an experienced personal injury lawyer is recommended. The right lawyer will ensure you’re properly compensated and will fight on your behalf. Our friends at Therman Law Offices, LTD have lawyers available. 

March 18, 2022

Can Insurance Agents Speak to the Witnesses?

Personal Injury LawyerPersonal Injury Lawyer

If you are recovering after a personal injury accident and you are gathering evidence, you are likely looking into the people who may have seen the accident happen. When you are hoping to file an injury claim for your accident, one of the best forms of evidence might be bringing forward anyone who was a witness to your accident. They can help shed light on what they saw or heard and they can offer neutral, third-party input into who seemed to be the negligent party. This can be incredibly valuable to your claim, especially if you are insisting that you were not responsible for the accident happening. However, if you are dealing with the other party’s insurance agent and they are asking to speak with the witnesses, what can you do? 

What is the first thing you should do in this instance? 

First, it is important to speak with your lawyer to understand what you are legally obligated to do. Your lawyer, like a personal injury lawyer from a law firm like Barry P. Goldberg, knows that if you refuse to give the insurance agent the name of your witness it could be seen as a lack of cooperation on your part. Especially in the instance where you have already told the insurance agent that you have witnesses to your accident, it would not make much sense on your part to avoid disclosing who your witnesses are. Remember, you want the insurance company to be willing to come to a fair settlement amount with you and if you are not willing to provide them with the names of the witnesses then they will not be happy that they are unable to verify the witnesses’ statements. 

Can this hurt my insurance claim at all? 

It is always possible that when an insurance agent speaks with a witness that it could hurt your insurance claim. Many insurance agents will use the information they get to work in the insurance company’s favor. In certain instances, a witness may tell you that they do not want their information shared with the insurance agent and it is important to be transparent with the insurance agent when this is the case. It is important to remember that if a witness flat-out refuses to speak with an insurance adjuster, then the information they provide for your claim may be given very little weight when it comes to making a difference in the settlement amount you are offered. A witness may feel more comfortable: 

  • Calling the insurance company on their own
  • Setting the time, date, and place that they speak with the insurance company
  • If their interview is not recorded
  • Giving as little personal information out as possible

It is important that your witness feels comfortable when they are providing information on your behalf for your claim. If you have any questions regarding the witness to your accident or would like to know the best next steps, reach out to a law firm that specializes in personal injury cases. 

March 10, 2022

Common Accidents TBI

Brain Injury Lawyer

Brain injuries can result in long-term or even permanent damage. If your brain injury was caused in an accident, seek the help of an experienced brain injury lawyer like so that you can pursue the person responsible. You may be able to recover your losses. Many brain injuries are commonly caused by the accidents below. 

Bicycle Accidents

A person riding a bike is much less protected compared to those driving cars. Bicycles offer limited protection, even if a rider has the necessary protective gear and thick clothing. If a cyclist is struck by a vehicle, they can suffer injuries such as concussions and brain bleeds, which can result in severe brain injuries. 

Pedestrian Accidents

It is not always easy for vehicles and pedestrians to share the road. Pedestrians don’t always have clearly defined walkways that they can safely travel on. Drivers do not always pay attention to their surroundings, or they may refuse to allow pedestrians to walk when it is their right of way. This leads to many accidents that result in pedestrians suffering traumatic brain injuries.  

Car Accidents

People suffer many kinds of injuries after being in car accidents. Brain injuries can occur to car accident victims as a result of striking their head on the headrest, the side of the vehicle or the steering wheel in front of them. They may get ejected from their vehicle, causing their head to strike the pavement. The force of impact as a result of a car accident can be strong enough to cause a person’s body to violently whip back and forth, which can also lead to a brain injury. 

Medical Malpractice

A medical malpractice suit can be filed against medical professionals like doctors and nurses who fail to provide proper care. Brain injuries are common injuries that a brain injury lawyer usually sees. When a patient is not diagnosed properly or given immediate care, they can develop a brain injury. They can happen due to anesthesia errors, lack of oxygen and failure to diagnose conditions like stroke. 

Assault 

Assault victims can suffer brain injuries if they have been struck in the head by another person. A sharp blow can cause blunt force trauma, resulting in bruising and bleeding in the brain. Other injuries that a lawyer often sees in assault cases include penetrative injuries where the brain is pierced by a sharp object like a knife. 

January 31, 2022

Who Is Liable for Your Sidewalk Injury?

Slip and Fall Lawyer

Was Negligence Involved?

To hold someone accountable for your injury, the party has to have been negligent. When you fall on a person or company’s property, you have to prove that the owner did something wrong that caused your injury. When you slip and fall on someone else’s property, he or she is not automatically liable. There are conditions that your fall has to meet.

For example, if the sidewalk you walked on was in perfect condition and tripped out of clumsiness or inattention, the owner might not be held responsible. However, if you trip on the broken concrete and sprain your ankle, the owner may have been negligent for not fixing the sidewalk.

Who Is Responsible?

If you fall in front of someone’s house, there is a chance that he or she owns the sidewalk. Under some circumstances, he or she could be liable for your injury. When you file a claim, the insurance company will consider whether or not the owner performed regular maintenance on the sidewalk and whether or not he or she should have been aware of the hazards. The key question is whether or not he or she should have taken steps to assure pedestrian safety. If the homeowner is responsible, you will file your claim against the individual or his or her insurance company.

If the government owns the sidewalk, your local ordinances will determine whether you can file a claim. In some cases, the city is responsible for the upkeep of all sidewalks. If the government was supposed to repair the sidewalk, you might file your claim against the city.

What Can You Do Next?

After receiving medical care, your first order of business should be to speak with a slip and fall lawyer, like one from Wieand Law Firm, LLC. When it comes to sidewalk injuries, determining fault can be complex. You may not be familiar with all of your city’s local ordinances, but your lawyer may have that information readily available. He or she can tell you whether you have a case and help determine the settlement you should demand. Additionally, if the claim has to go to court, you have a lawyer to guide you through the process.

Falling on a sidewalk can result in serious injuries. If you have medical bills, lost wages or any other monetary damage due to a fall on a poorly maintained sidewalk, then you could be entitled to compensation. Most slip-and-fall lawyers will offer a free consultation, so contact one now.

January 30, 2022

What Are the Steps to File a Workers’ Compensation Claim? 

A workplace injury or illness is not uncommon, especially within industries that are inherently hazardous. If you work in sectors like construction, healthcare, or manufacturing, you are more likely to sustain an injury or illness. If you have sustained an injury at work, you may be eligible to file a workers compensation claim so that you can be compensated for the costs of your injuries, missed wages and other expenses. Know the steps below so that you can properly submit a claim.

Receive Medical Treatment 

When you have been injured at your workplace, you need to get medical care right away. As a workers compensation lawyer like one at Therman Law Offices, LTD can tell you, seeking medical care immediately after you sustain your injury can not only help you recover faster, but it can greatly strengthen your case. If you are able to provide medical documents that show that you took action to treat your injury, then your case is less likely to be dismissed by the employer’s insurance company. 

Inform Your Employer 

You must notify your employer right away if you have suffered any kind of injury or illness that was work-related. Your employer needs to be formally notified that you suffered an injury so that they can put it on the company record. It is important that you communicate with your employer regularly and inform them of any updates, such as changes to your condition. Keep track of all the deadlines that you must meet so that you can relay information to them right away. 

Complete Your Paperwork

A workers compensation claim involves a lot of paperwork. Filling out all the forms that you need for your claim can be a tedious task.  If you are having a hard time filling out the paperwork, finding the necessary information or simply need a professional to review your documents for accuracy, do not hesitate to reach out to a skilled workers compensation lawyer for assistance.

Follow Up On Your Claim 

Once you have your claim submitted, you need to check on its status regularly. Once you know of your claim status, check in with your employer as well. In the event that there is an issue, you can talk to a lawyer about next steps that you can take. 

Workers compensation claims can be quite sophisticated, and if you run into an issue or just need basic guidance, a lawyer can provide legal support. For more information, contact a trusted workers compensation lawyer now.  

January 28, 2022

What Counts as Pain and Suffering in Court?

What Counts as Pain and Suffering in Court?

When considering filing a personal injury claim, it is important to understand what qualifies as pain and suffering and how it relates to your unique claim. Generally, and physical or mental pain that you sustain and then have to endure from an accident or an injury qualify. If you or someone you love has been hurt in an accident, it is important to get the right personal injury lawyer like Presser Law P.A.

Here are more specified circumstances taken into consideration for pain and suffering settlement:

Loss of a Loved One

If your claim involves the loss of a loved one, also referred to as a “loss of consortium”,  you may be able to win a pain and suffering settlement. The mental strain produced from the loss of someone important to you is hard. These are some of the people who qualify as a loss of consortium:

  • Parents
  • Close friends
  • Those who provide household needs
  • Spouses
  • Family members

If your claim relates to the loss of one of the above people, consider consulting with a personal injury lawyer to investigate the possibility of receiving a settlement based on pain and suffering. Others may also qualify as loved ones depending on the circumstances. 

Presser Law P.A. has been serving the community for decades and understands the importance of working with clients to develop a plan that is designed to meet their needs. Our team is committed to providing personalized service in order to find an outcome that will offer peace of mind during this difficult time. We work tirelessly on behalf of our clients by striving for excellence in every aspect including customer care, communication, advocacy and accountability.

Physical Pain or Injury

If your situation relates to pain from an injury or accident, you will likely be able to claim pain and suffering. Pain and suffering that occurs and persists after an accident sustained in the workplace, from someone else’s error or negligence, etc. may qualify. When a significant injury is sustained, it’s likely to be considered a valid cause for a claim. Here are several scenarios which constitute physical pain or injury:

  • Broken or dislocated bones
  • Organ damage
  • Nerve damage
  • Muscular damage

Many other types of injury involving lasting pain or dysfunction also qualify. Consult with a lawyer to further decide if your injury or lasting pain could qualify for a pain and suffering-related settlement.

Emotional Or Psychological Damage

If your situation involves emotional disturbance or cognitive damage, a pain and suffering claim is within the realm of possibility for you. Here are some scenarios that may qualify as emotional or psychological pain and suffering:

  • Events causing PTSD
  • Cognitive dysfunction resulting from a brain injury
  • Worsening of quality of life
  • Events resulting in trauma
  • An otherwise altered emotional state resulting from the concerned event or events

If you’ve been injured in an accident and are in need of a personal injury lawyer look no further than Presser Law P.A. Our team of experienced attorneys has the skill and knowledge to get you the compensation you deserve for your injuries. We understand how difficult it can be to cope with an accident, so let us take care of everything for you while you focus on recovering. 

January 28, 2022

Back Pain Exercises For Pain Relief

Back Pain Exercises For Pain Relief

When you suffer from back pain as a result of a major car collision or work injury that prevents you from enjoying your life to the fullest, you want to find solutions that can help get rid of it. Back pain can lead to consequences such as missed time off work and future medical issues, as a back pain doctor like one from AmeriWell Clinics can explain. Thankfully, in addition to professional care, you can also get lasting back pain relief if you try some basic at-home exercises to manage your symptoms. 

Lower Back Rotation

Lie down on your back on the floor, pressing your knees flat on the surface so that your knees are pointed towards the ceiling. Keep your core tight to stabilize your body, then gently move your bent knees towards one side and hold for 10 seconds. Repeat on the other side. Return to the beginning position and repeat 3 times for each side. This stretch helps to warm up your lower back and reduces stiffness. 

Wall Sit

Maintaining good posture can greatly minimize back pain. An effective exercise is the wall sit. Find a blank wall where you have enough room to press your whole back against. Stand with your back against the wall and slowly slide down into a seating position. Keep your knees bent at a 90-degree angle, or a few degrees wider. Maintain the position for 30 seconds and return to the starting position. This exercise is beneficial for people who spend many hours sitting at a desk for work. 

Cat-Cow Stretch

The cat-cow is a basic stretch that provides great relief for stiffness in the upper and lower back. Start by getting a mat and getting down on all fours (tabletop position). Inhale slowly looking upwards, then lower your core down into the cow position. Then exhale as you move your core up, slowly arching your back into a cat-like position, with your chin pointed towards your chest as you arch. Slowly alternate between these two positions 3-5 times.

Addressing the lower back should not only involve targeted stretches but stretches in other parts of the body, such as your shoulders and core. Correcting problems all over your body can reduce your pain and help you better manage your symptoms. Over time, you can gradually improve your symptoms and feel much relief. To learn more about what specific exercises you should be incorporating in your daily routine to minimize your back pain, contact a skilled back pain doctor now.