Finding the Right Nursing Home for Your Loved One

While you might adore your elderly parent or grandparent, you might not have the skills or time to give them the attention they need. It’s a tough choice, but sometimes, nursing homes are necessary. You’ll need a place where they’ll get the full care they deserve.

Unfortunately, that’s not so easy to find. When looking for the right nursing home for your loved one, make sure you seek out one that will give your loved one the care they need.

A Staff That Cares

First, you’ll need to look at the quality of the staff before you settle on a nursing home. Sadly, many of the nurses and assistants don’t have the same level of concern for your loved one’s health. That means that cases of mistreatment and abuse are common, and more people are stepping forward to say that the staff neglected their loved ones.

So, when you’re visiting potential locations, don’t talk only to the staff. If you’re able, make sure that the residents look happy and healthy. Signs of neglect, like bedsores or soiled clothing, should be major red flags. If you don’t check for these, it could seriously hurt your loved one.

Safety is Vital

Worse, the staff may not only be neglectful. In some cases, the staff may be violent or abusive. Sadly, many elderly people suffer verbal, sexual, physical, and emotional abuse at the hands of their caretakers. You don’t want this for your own loved one, so make sure you know that the staff really cares.

Again, it’s best to also speak with other family members or residents. They may show signs of abuse or may speak about their treatment. Some of these signs may be visible, like bruises and broken bones, while others are mental or emotional. For example, they may seem afraid of their caretakers, or their demeanor may change when one of the nurses approaches.

Keep in mind that not everyone is so focused on your loved one’s care. Seek out help if you believe there are instances of abuse going on when they should be cared for.

 

Making Sure Your Loved One is Cared For

Unfortunately, your loved one may have already suffered abuse at the hands of a caretaker. While their nursing home may have seemed perfect at the time, the nurses and assistants can do serious harm to their residents. If you don’t fight back, they may get away with it, too.

Fortunately, you’ll have a chance to sue for your loved one’s health. With the help of a Rockford nursing home abuse attorney, you can get them out of that situation and into a safer place. Once they’re well and recovering, you’ll have the chance to sue for their suffering. They’re not able to take care of themselves, but they still deserve proper care and justice for their suffering.

Speed Traps in New York City

Whether you’re just passing through the state, or if you’re a resident, you might have found yourself driving just a little over the speed limit. Unfortunately, that means you didn’t notice that the speed limit changed until those blue lights lit up your rearview mirror.

Speed traps are an unfortunate reality for many New Yorkers, and they can leave you holding a hefty speeding ticket that you shouldn’t have to pay. When this happens, you’ll need to fight back and get your ticket dismissed when you’re caught in a speed trap.

What Is a Speed Trap?

First, speed traps may be legal, but they’re frustrating for many residents. A speed trap occurs any time an officer is parked mostly or completely out of sight, waiting for a driver to speed by. They may hide in residential areas, or you may come over a hill to spot one waiting in the median. You didn’t see them until it was too late.

They may also linger in areas where the speed limit changes suddenly. You might have thought you were in the clear, but you missed the sign or were slowing down when the officer spotted you. Now, you’re facing a speeding ticket you don’t need.

Defenses Against Speed Traps

When you’ve been pulled over for a speeding violation, what can you do? Unfortunately, it can be tough to get out of a speeding ticket, so you’ll need help finding the right defense for you. Your best option will depend on the situation, but a speeding ticket lawyer in NYC can help you decide.

For example, missing or obscured signs can lead to unintentional speeding. You might have passed from a 40 MPH zone to a 30 MPH zone, but if a large tree branch hid the speed limit sign, you couldn’t have known that you missed it.

Other lawyers might choose to attack the use of the radar device. A device that hasn’t been properly calibrated can leave you with an incorrect reading, but you’ll need evidence to support this claim. So, speak to your lawyer about the best approach for fighting your speeding ticket.

Getting Your Ticket Dismissed

When you receive a speeding ticket, it can be frustrating. Speed traps are unfair, and while they’re legal, they can seem underhanded. So, more than ever, you’ll need to fight back when you’re left with an expensive ticket.

So, reach out for help with your speeding ticket. You shouldn’t have to deal with the consequences of a speed trap, and an attorney can make the difference. So, seek out the help you need before you defend yourself. You’ll need the best defense possible against your speeding ticket, and the right lawyer can help you choose the best approach for you.

Louisiana Motorcycle Insurance Requirements

Every person who wants to operate a vehicle must present proof of financial responsibility before getting a license and registration. This is true for both cars and motorcycles. Drivers have to convince authorities that they are ready to cover the cost of any damage that they might cause in the event of an accident. According to the law, they must purchase insurance coverage from a service provider that does business in the state. The coverage must pass the Louisiana motorcycle insurance requirements. It cannot be lower than the minimum amounts specified in the legislation.  

Minimum Insurance Requirements

Motorcycle owners must get a policy that provides enough monetary coverage for personal injuries and property damage they might cause. The minimums set by the state are $15,000 for a single injury and $30,000 for multiple injuries. As for property damage, the insurance should cover at least $25,000 worth of repairs or replacements. Most collisions result in minor injuries and damage so these should be adequate in the majority of cases. Of course, people can always raise these limits if they can to for greater protection against financial shocks. If the maximum coverage is not enough to cover the bills, then one will have to reach into his own pocket for the balance.

Effect on Helmet Requirements

It does not matter if you are getting the minimum coverage or raising the limits when it comes to helmets requirements. You must always wear protective gear for your head when operating a motorcycle or a moped. The same is true for passengers of these vehicles. Time and time again, studies have shown that helmets are able to dramatically reduce fatalities. Invest in high quality gear with thick cushions and a seal of approval. It would be prudent for riders to have a spare helmet on standby if they expect to have a passenger.  

Proof of Insurance

The state’s Office of Motor Vehicles will have a record of all drivers including their documents on liability coverage. However, drivers must still carry proof of insurance with them at all times. They will have to present this to law enforcement officers upon request. Failure to do so can result in penalties. Among the possible proofs are an insurance ID card, a copy of the actual policy, an insurance binder, and a written statement by the insurance company that includes all pertinent details.

Penalties for Non-Compliance

Consequences for having no coverage or proof of coverage include the confiscation of license plates, issuance of a violation, and the impounding of the motorcycle. Within 3 days, the owner must bring proof of insurance to the OMV office to redeem the confiscated items. After the deadline, owners will need to get new license plates and registration papers all over again. If you want to cancel your motorcycle insurance for any reason, then bring the license plate to the OMV office ten days prior the cancellation to avoid penalties. Learn more from a Baton Rouge motorcycle crash lawyer.

 

LINKS:

https://www.cdc.gov/motorvehiclesafety/pdf/mc/motorcyclesafetyguide-a.pdf

Tips for Suing a Hit-and-Run Driver

When you’re surrounded by other drivers, you generally hope that they’re as cautious with your safety as you are with theirs. Unfortunately, that’s not always case. You might encounter a dangerous driver who hit you. Worse, they left without giving you the information you needed for a settlement.

Whether your car was hit in a parking lot or you were run off the road, you’ll need to fight back when a hit-and-run driver hurts you. When they leave you suffering for their actions, however, it can be tough to find them. Fortunately, these tips should help you when you need to sue a hit-and-run driver.

Get Help Finding the Driver

If possible, you should find the driver responsible for your suffering. Committing a hit-and-run is a serious crime, and besides your compensation, they could be facing fines and other penalties. So, you’ll need help finding the responsible party.

Start by speaking to law enforcement officers and a car accident lawyer in Birmingham. Between them, they’ll have the resources to help you. For example, a police officer can access any security cameras to find the vehicle description of the hit-and-run driver.

Your lawyer may try to find eyewitnesses or security footage, which can help you find the driver. For example, if you were hit in a store’s parking lot, they may speak to the owner and review their security footage. They may also speak to anyone on the scene for more information about the accident.

Talk to Your Insurer

If you’re unable to find the person responsible, don’t panic. Being unable to find them doesn’t mean you’ll have to pay out of pocket for your suffering. Instead, you’ll need to contact your insurer about your accident for your coverage.

You may have uninsured motorist coverage, and that can help you when a reckless driver hits you. This coverage takes care of the expenses from another driver if they won’t pay. Whether they don’t have insurance or can’t be reached, you still need a settlement when they refuse to help.

While you should seek the responsible driver out when you’ve been in a hit-and-run accident, you should have another option for compensation if you and your attorney can’t find the person responsible for your injuries or property damage. Reach out to your insurance company about your coverage if you’re unable to find the right person and get your damages covered.

A Lawyer Can Help

Dealing with the aftermath of any accident is tough, and a hit-and-run puts even more pressure on you. Fortunately, an attorney can help you fight back when you’re having trouble with your claim. You’ll need help determining your claim’s worth and making sure the person responsible pays, and a lawyer can make sure that’s done.

Without help, unfortunately, it can be tough to recover from your accident. You’ll need assistance and resources that you might not have on your own, but a lawyer should have all the tools you need. So, reach out as soon as possible and get help suing the hit-and-run driver.

What’s in a Postnuptial Agreement?

Most people are aware of prenuptial agreements, but do not know a similar approach can be taken after a couple is already married.  It is something to consider, as it is impossible to know what the future will hold.

What is a Postnuptial Agreement?

A postnuptial agreement includes provisions on a number of different topics.  While an agreement can be created to reflect each couple’s individual preferences, some provisions are commonly included.

One example is how the couple’s property and various other assets will be divided if they decide to divorce.

If the couple agrees on spousal support, this issue can be included.  The agreement may state which spouse will be responsible for support, and how long he or she will pay support.  

As debts often accumulate during a marriage, the division of debts can be included.  Some examples are mortgages, loans, and credit cards.

While a postnuptial agreement generally focuses on financial issues after divorce, it may also include how assets are to be distributed if one of the spouses dies while the couple is still married.

Is a Postnuptial Agreement Right for You?

Some people do not like the idea of prenuptial or postnuptial agreements because they believe these agreements encourage divorce.  While this is rarely the case, some couples do choose to enter into a postnuptial agreement when they are planning to end their marriage.

The purpose, though, is to protect both individuals.  Even couples who are devoted to each other can change their attitudes when a divorce occurs.  When a couple has a legal agreement, all of these issues will be decided on when they are happily married.

Most couples can benefit from a postnuptial agreement.  However, you should avoid do-it-yourself kits, and consult with an attorney.  Your attorney will be familiar with the laws in your state, help you and your spouse make decisions for the agreement, and prepare the agreement so it is legal.  

If you and your spouse got married without a prenup, it is not too late to secure your future.  When you are happily married, it is the best time to be fair and reasonable about these matters.  Your attorney can offer solid advice, but the final decisions are up to you and your spouse.

When the future is secure, your marriage can be more harmonious.  Neither party will need to worry about what will happen if the marriage ends, or if their spouse passes away.  Regardless of your current assets and debts, take the smart approach and talk to a lawyer about legal help during a divorce.  You can have a happier marriage.

 

https://en.wikipedia.org/wiki/Postnuptial_agreement

Workers Comp for an Auto Accident

When most people think of workers’ compensation, they think of compensation for injuries sustained on the job such as a machinery accident or a bad fall. Nowadays, using a company vehicle to perform work-related tasks is more and more common. If part of your job description involves driving or operating a company vehicle, you should inform yourself about how to get work comp for a car accident.

Understanding Workers’ Compensation

While workers’ compensation rules differ from state to state, most often, if you have sustained injuries that are work-related, you are owed workers’ compensation benefits. These benefits can cover a portion of or your entire medical expenses and lost wages due to missed work as a result of the injury.

What is Respondeat Superior?

The legal doctrine of respondeat superior covers the relationship between an employer and their employee that drives a company vehicle. This doctrine states that employers are legally responsible for their employee’s actions while they are acting under the umbrella of their employment. If an employee gets injured or experiences property damage while operating the company vehicle, the employer is obligated to pay for the injuries and property damage.

An employee is acting under the umbrella of their employment when driving a company vehicle to make deliveries, running a work-related errand, driving other employees for reasons that are work-related, work-related travel time, and driving to and from job sites. In most cases, if the employee is in an accident on their own time such as driving to and from work or when on a break, these incidents are not considered work-related.

What if the Employee is at Fault?

The aforementioned respondeat superior doctrine applies specifically to instances involving an employee being in an auto accident while driving a company car. In the event that that employee has caused another person’s injury or property damage, this is known as third-party involvement and both the employer and employee can be liable for damages and injuries. Third-party involvement can include the employee’s passengers, other drivers, or bystanders. However, in most cases, the employer’s liability insurance saves the employer from having to pay damages to any third parties.

What Does Compensatory Damages Cover?

Most often, compensatory damages cover out-of-pocket expenses, medical bills, lost wages due to recovery time, any added expenses due to pain and suffering. The employer’s liability insurance doesn’t just protect the employee from paying any damages, if an injury lawsuit is brought against the employee by a third party, the employer is obligated to pay for any relevant legal fees. Therefore, the employee is protected against third-party actions even when they are at fault, and the employee might even qualify for workers’ comp if they were also injured by the accident, regardless of whether or not it was their fault; this is known as a ‘no-fault’ system.

The one exception is if the employee was operating the company vehicle while committing a crime or being under the influence of alcohol or drugs. This type of situation can constitute a criminal action, and in that case, the employee has the right to refuse the indemnification of their employee, as well as workers’ comp for medical bills, lost wages, etc.

If you are considering taking on a job that involves driving a company vehicle or spending lots of time on the road doing work-related activities, you can take comfort that there are very few instances where you will not be compensated if you are involved in an auto accident. As long as it does not involve a criminal action or driving while under the influence of drugs or alcohol, the no-fault system of worker’s comp will come through.

 

https://en.wikipedia.org/wiki/Workers%27_compensation

https://en.wikipedia.org/wiki/Respondeat_superior

What Qualifies as a “Wrongful Death?”

Losing a loved one is tough, especially when it comes to our closest family members. Recovering from the death of a spouse or parent can be some of the most trying times, and it can take time to deal with that grief.

However, you might be concerned that your loved one didn’t just pass away. You believe that they were killed by another person’s negligence, and you want to file a wrongful death claim.

However, what do you need to know about wrongful death before you begin? What qualifies as “wrongful death,” and how can it help you and your surviving loved ones? Before you begin your wrongful death claim, contact wrongful death attorneys with experience and make sure that your claim is a strong one.

Negligence Leading to Death

First, what is wrongful death? Sometimes, we might be concerned that another person’s death is due to the recklessness and lack of concern another person has toward the deceased’s safety. They make poor decisions, and the deceased was the one who had to suffer for it.

Showing that the other person acted in a negligent fashion will be one of the first steps of your wrongful death claim, and you’ll need to prove that they were negligent before you’re able to proceed.

In some cases, they could have even been malicious on purpose. For example, let’s say your loved one was at the wrong place at the wrong time, and they were a victim of gun violence. Because the other person did not act with their safety in mind, they would be held responsible for their death.

Breach of Duty

Proving that they should have protected the safety of the deceased will also be important. Similar to negligence, a breach of duty happens when a person who should take care with our safety does not act in an appropriate manner. On the road, this means that other drivers should be vigilant, follow the laws, and ensure that they’re taking reasonable measures to avoid an accident.

A doctor would have a duty to act with reasonable quickness to protect your health where possible. If they fail to diagnose a dangerous illness in your loved one, for example, because they didn’t take reasonable measures to examine your loved one, that would be a breach of duty.

Proving Cause of Death

However, it’s not enough to just show that the person in question was negligent. For example, a speeding driver may have been negligent, but the fatal accident could have been caused by a road hazard or a deer crossing the road. So, you’ll need to prove they caused your loved one’s death.

Your lawyer will need to show that the deceased would still be with us if not for the actions of the defendant. So, in the example above, they’d need to show that the speeding driver caused the accident by losing control of their vehicle and hitting your family member. Had they not been speeding, then, they wouldn’t have lost control and killed your loved one.

Damages for the Surviving Family

After the grief and pain your family has suffered, you deserve compensation for the claim. These damages should compensate you for both physical and emotional losses. For example, your damages might include the following:

  • Medical expenses
  • Loss of companionship
  • Burial expenses
  • Pain and suffering after the loss
  • Loss of income

Losing a loved one is tough, but with the right attorneys on your side, you could receive the compensation you need to move on. Their burial costs alone might high, which means more debt and expenses during this difficult time.

It’s painful, but you and your family will have a chance to recover after your family member’s wrongful death. If you’re still not certain that your claim qualifies as wrongful death, reach out to an attorney for help fighting for the compensation you and your family need.

Strange Washington State Laws

Every state has a couple of unique laws that leave people scratching their heads and wondering where it came from. Some are antiquated, based on issues that no longer apply, and may no longer be enforced. However, these laws are still part of the state code.

When it comes to odd laws, Washington state has its own strange statutes. While you might not need to speak to the lawyers in Tacoma, WA, for these laws, it’s better to know what to expect when you’re dealing with your state’s strange laws. So, before you go Bigfoot-hunting or even walk around with a cold, check out some of your state’s strangest laws.

Vending Machine Placement

Before you go placing your vending machine wherever you feel like placing it, note that vending machines can’t go just anywhere. Washington state legislation specifically forbids residents from attaching these machines to utility poles.

These aren’t the only items not allowed on utility poles. Ads and posters shouldn’t be placed on these as well. If you’re charged with placing one of these items on a utility pole, you could be charged with a misdemeanor.

This is to protect the safety of the utility workers, even if vending machines aren’t the first thing we might think about putting on a utility pole. By banning anything that might be placed on these poles, however, the workers can avoid some common hazards that make an already-dangerous job especially lethal.

Keep Your Cold at Home

Of course, you might not have done something so serious. Instead, you might just have a little cold or a mild case of the flu. You’re sick with something contagious, and you needed to run out for a little more medication for your illness. Unfortunately, you could get in trouble for this.

Contagious diseases are no laughing matter in Washington state. The state places a special emphasis on protecting its residents from contagious diseases by making it a misdemeanor to expose your fellow citizens to your illness.

This does protect many people who may not have strong immune systems to protect their health, which prevents breakouts of disease. Since you also already know about the illness, they could claim that you were knowingly endangering other people’s health.

So, while it’s tough to get someone else to bring your medicine or tissues, especially if you live alone, it’s best to try. Sneezing and sniffling is frowned upon anyway, so play it safe when you’re suffering from an illness.

Get Help with Washington State Laws

When it comes to odd laws, you can expect plenty from any state. You might already know a few of your state’s weirdest laws, and many sites and books are devoted to these strange laws.

Unfortunately, you might have also been injured because someone else didn’t follow state laws, weird or not. When this happens, you’ll need to protect yourself and get compensation after an accident or injury.

If you believe someone broke one of Washington’s laws, and you’re the one who’s suffered for it, reach out for help today. An attorney can review the case and make sure you get the care you need after an injury.

Questions to Ask Your Prospective Lawyer

Before hiring legal representation, you’d do well to make a list of questions to ask your prospective lawyer to make sure you’re hiring the right person for the job. Hiring an attorney can be a challenge for the average layman, especially if you’ve never worked with an attorney before. By asking questions, you learn more about an attorney’s background, experience and level of expertise to narrow your choices to those who are best qualified for the job. The best lawyers are those that welcome questions and are willing to establish an open line of communications with their clients from the start.

Here’s a list of some of the most pertinent questions to ask your prospective lawyer before signing him or her on.

  • What is your background and overall experience in this field? Have you handled similar cases to mine in the last few years?

Your attorney should have ample experience with cases like yours and be able to provide you with references of similar cases he’s handled in the past. Like doctors, attorneys specialize in different areas. Depending on the seriousness of your case, you want someone who’s an expert in his or her field.

  • What results can I realistically expect from this case and how long might it last?

The best attorneys will be up front with their clients in explaining the legalities of their situation, what to expect from their case and how long it may last. This helps you prepare for the long haul. Be leery of lawyers who boast of victory before even starting. Your attorney should have confidence of success without guaranteeing what he may not be able to deliver.

  • Are there other alternatives to resolving this situation?

As a client, you should be fully aware of all your options. If your attorney doesn’t volunteer alternative ways of resolving your situation, be sure to ask him. Good lawyers will have their client’s best interests at heart which may involve recommending ways to settle your affairs out of court.

  • How will you inform me of developments?

Good attorneys often have several cases going at the same time, keeping them busy from morning to night. At the same time, they should respect their client’s need to be kept informed concerning their situation. You and your attorney should establish a system for keeping you in the loop so you are updated on problems or progress concerning your case.

  • Will you personally be handling my case or will it be assigned to others?

If the case is to be assigned to a junior attorney or paralegal, you should know in advance. You should also expect to pay less for work done by less-experienced staff members.

  • What do you charge for your services and what are your billing procedures?

Attorney costs vary depending on who you hire and the specifics of your case. You should discuss fee arrangements in advance so you can be prepared to meet this financial obligation. Some attorneys bill their clients monthly; others bill once services are done. It’s important to know your attorney’s fees and billing procedures up front. You can even ask your attorney for a general estimate of what the case will cost.

Knowing what questions to ask your prospective lawyer can make it easier to determine who would be the best candidate for the job.

Important Utah Injury Laws

When you’re involved in an accident, you need time and compensation to deal with your injuries. However, you must have more than the fact of your injury to get that compensation you need.

A personal injury claim may be the best way to get the compensation you need for your injuries, but you’ll also need to consider the laws that will affect your claim and how much you could receive. Without the right guidance, you could have your claim devalued or dismissed.

When you’re preparing for an injury suit, keep these following laws in mind, so you’re prepared before you begin.

Time Limits on Your Claim

First, keep in mind that youhave a limited time to file a claim for your injuries. This varies from state to state, so remember that, for Utah accidents, you’ll have four years to file a claim for most injury claims.

Four years might seem like plenty of time, but that’s not always the case. When dealing with a severe injury, it can take time to recover, and even after your recovery, you might now experience  impairments that make it more difficult to handle your case.

While you might have four years to prepare your claim, don’t wait too long to begin. You’ll want as much time as possible to work on your claim, so act now.  

Fault in Utah

Once you’ve filed your claim, you must prepare to do more than prove your injury and your need for compensation. You must also show that the other person was at fault, and you weren’t to blame for the accident.

Utah recognizes “comparative fault,” which accounts for the fact that most accidents aren’t the fault of just one person. Often, the other person proves negligent to a degree, and unable to avoid the accident. For example, if you adjusted your radio and another person hit you, the court may find you somewhat at fault because your attention left the road.

While it’s common for accidents to have happened because of multiple reasons, you must avoid taking the blame for your injury. If you don’t, that percentage reduces your compensation. So, if you’re slip-and-fall injuries cost $5,000, but you were 20 percent at fault for the accident, you receive just 80 percent of your compensation, or $4,000.

Suing the Government

If you’re considering filing a lawsuit against a government entity, you’ll need help getting the full compensation you deserve. These cases often prove difficult, so consider getting help for these cases.

For example, you have a limited time to file. While you must file most Utah injury claims within four years, you must file a claim against the government within a year of the accident. So, if your injury occured on government-owned property, if a government vehicle hit you, or ill-repaired road hazards caused your injury, reach out for help soon.  

A Lawyer Can Fight Back

It’s unfortunate, but when you’re seeking a claim for your injuries, there’s a chance that you’ll run into plenty of laws could hurt your claim. This makes getting the full compensation you deserve difficult. But, you don’t have to fight alone. Speaking to one of the many personal injury lawyers in Utah could help you get the compensation you need for your recovery.

If you’re struggling to remember these laws or fight back for your claim, reach out for the help you need. An injury can haunt you for some time, but by remembering these laws, you’ll have a chance to recover from your losses.