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Is Your Loved One’s Nursing Home Understaffed?
If your loved one is in a nursing home, the last thing you want to believe is that he or she could be being abused or neglected. Unfortunately, these cases happen all too often, so loved ones need to be vigilant. A common issue experienced in nursing homes is understaffing, which can lead to negligent care. If you suspect your loved one could be the victim of elder abuse or nursing home neglect, contact an attorney in Riverside to find out what your rights are.
Nursing home understaffing occurs when a home accepts more patients than they can adequately care for with the staff that they have. These staffing issues can be exacerbated when nursing homes try to compensate by hiring staff without proper background checks, further putting residents at risk. Understaffing can also lead to unreasonable overtime demands that can make staff careless and overstressed. Consistent understaffing leaves residents vulnerable to falls, missed medication doses, and sores and infections from inattentive personal hygiene assistance. Emotional distress is also possible. If your loved one exhibits these symptoms, contact an attorney to determine if you should file a lawsuit.
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What California Residents Need to Know About Police Misconduct?
The police play an important role in protecting the safety of the community, but what happens when they cross the line? If you are injured or otherwise targeted by police misconduct , you have options. The California State Department of Justice’s Civil Rights Enforcement Section investigates claims of police misconduct vigorously. An accident lawyer in Riverside can also help you pursue a claim against the police if you are injured as the result of misconduct by a police officer. Here is the information every California resident needs to know.
Governmental Immunity
Governmental immunity protects police officers from being sued for doing things that are part of their jobs. For instance, if you are stopped by the police and questioned sternly, the experience may be unsettling, but if the police officer did not step outside of the line of duty and did not violate your legal rights in any way, he or she has immunity from being sued by you. Governmental immunity means that the government has to agree to accept any lawsuit that is filed against it, but that doesn’t mean that police officers have carte blanche to do whatever they want with impunity. There are many laws that allow you to file a lawsuit against a police officer who has engaged in misconduct.
Types of Misconduct
Although many different types of police misconduct exist, the most common cases involve false arrest, malicious prosecution, and excessive force. You may be able to file a case for false arrest if the police arrested you without probable cause. Malicious prosecution involves the pursuit of legal cases against someone without probable cause. For this type of lawsuit, your attorney must prove that the police started a criminal case against you for which you were not convicted, without probable cause and with malicious intent. In an excessive force case, your attorney must demonstrate that the police used force against you that was not reasonable given the nature of the case and your interaction with the officer.
Misconduct Claims
If you believe you have been the victim of police misconduct, contact an attorney right away. A notice of claim must be filed within six months of the arrest. Keep careful records of your interaction with police so that your attorney can rely on them when preparing your case.
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Establishing Liability for Parking Lot Slip and Fall Incidents
Parking lots can require more upkeep than you might think. Weather conditions, shifting ground, and general wear and tear can cause large cracks and potholes to develop. Oil slicks, burned-out lights, and broken handrails along steps can all contribute to slip and fall injuries . If you’ve sustained injuries in a slip and fall accident in Riverside, contact a personal injury lawyer promptly. He or she can assess the merits of the case and determine which party might be held liable for your losses. In most cases, the at-fault party is the parking lot owner or the maintenance contractor. Sometimes, negligent drivers may be held liable.
Your personal injury lawyer will review all available evidence to find proof that the accident was the cause of your injuries and that the accident was the direct result of someone else’s negligence. For instance, if the parking lot owner was previously informed about a large pothole that you later tripped on, yet the owner failed to correct the hazard, then this person may be held liable.
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What Are Personal Injury Settlements?
After sustaining losses in a crash , you may decide to consult a car accident lawyer in Riverside. He or she can file an accident lawsuit on your behalf to seek compensation for your medical expenses, property damage, lost wages, pain and suffering, and any other appropriate damages. Most accident lawsuits are not resolved after a trial. In fact, many personal injury clients manage to stay out of the courtroom entirely. This is thanks to the possibility of personal injury settlements.
You can learn more about personal injury settlements by watching this featured video or speaking with your car accident lawyer. The settlement is a legally binding agreement between the plaintiff and the defendant to drop the case in exchange for a set amount of compensation. You are not obliged to accept a settlement; this decision is entirely yours to make.
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What to Expect During Your First Slip and Fall Attorney Consultation
A slip and fall accident can lead to serious injuries and substantial losses, including medical bills and missed time at work. Sometimes, victims are left permanently disabled and unable to work. Slip and fall accident survivors in Riverside have legal recourse available to them. If you’re considering filing a lawsuit to obtain compensation, you’ll meet with your slip and fall lawyer during an initial consultation.
Reviewing Your Case
The main purposes of the initial consultation are to allow the personal injury lawyer to determine if there is the basis for filing a lawsuit and to allow you to decide if you do wish to move forward with the case. First, your personal injury lawyer will ask you some basic questions about the incident. He or she may also have you fill out a questionnaire. Some of the information your lawyer will need might include:
- Date and time of the incident
- Names of eyewitnesses
- Causes of the fall
- Symptoms and medical diagnoses
- Economic losses (e.g., medical bills)
It’s important to share all details about the incident with your lawyer, even if you don’t think that they’re important to the case. For example, you should tell your lawyer what you were doing immediately prior to the fall and how much time passed before you sought medical attention.
Identifying the Evidence
Your lawyer will need all of the physical evidence that may support your claims. You may be asked to sign a release form to allow the lawyer access to your medical records. If you took pictures of the area where you fell, these can prove immensely helpful for your case. Let your lawyer know if you noticed surveillance cameras in the area.
Answering Your Questions
Another component of the initial consultation is making sure you have the information you need to decide whether to pursue the case. Consider bringing a list of questions with you to the consultation, along with some blank paper for taking notes. You might want to ask the lawyer about his or her prior experience handling slip and fall accident cases or you might want to ask what you can expect from the litigation process.
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How Is Personal Responsibility Assessed in an Injury Case?
After sustaining injuries in a trip and fall accident, consider visiting a personal injury lawyer in Riverside to discuss your legal options. A slip and fall lawyer will thoroughly review the case to determine the factors that contributed to the accident. Sometimes, these accidents are the fault of the property owner or manager. But even if you might have been partially at fault for the incident , it’s still worth your time to speak with a personal injury lawyer.
Personal responsibility for your injuries might reduce your compensation, but the defendant might still be held partially liable for your losses. For example, your compensation might be reduced if it is determined that you wore unsafe footwear or if you were texting while walking. You may be considered partially responsible for your injuries if you were engaging in other unsafe behaviors like walking backward. It’s important to fully disclose the details of the incident to your personal injury lawyer so he or she can properly prepare your case.
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What to Do if You’re Injured in a Fall on a Public Sidewalk?
and talk to a A trip and fall accident on a sidewalk can result in severe medical problems, including brain trauma, bone fractures, internal bleeding, and long-term complications. It’s important to know what to do in the event you sustain a slip and fall injury in Riverside. The steps you take immediately after a sustaining a slip and fall injury can significantly influence the outcome of your case.
Document the Accident Scene
It’s best not to assume that the accident scene will remain in the same state if you revisit it the next week or even the next day. Public works crews can rapidly repair dangerous sidewalks, which will eliminate the evidence you have to support your case. Before leaving the scene of the incident, take plenty of pictures of your injuries and any property damage you incurred, such as torn clothing, broken jewelry clasps, or a ruined handbag. Take pictures of the area of the sidewalk where you fell, paying particular attention to crumbling concrete or other defects. Step back and take a picture from further away that encompasses the area of sidewalk and any street signs or other identifying landmarks. Speak with anyone who witnessed your fall and ask them to write down their full names and contact information. If they have time, they might be willing to provide a written statement before you leave the accident scene. Otherwise, your personal injury lawyer can interview them later.
Get Medical Help
Do not delay seeking medical care. As soon as you finish documenting the scene, go to the nearest clinic or hospital and inform your healthcare provider that you just tripped and fell on a public sidewalk, which caused your injuries. Undergo any medical tests the doctor recommends and ask how your injuries might affect you in the future.
Talk to a Lawyer
Speak to a personal injury lawyer as soon as possible. Many municipalities impose strict deadlines and procedures for filing a personal injury claim based on a fall on a public sidewalk. For instance, you might be required to provide written notification of the accident to the municipality within 30 days. Your lawyer will walk you through each step of the process of securing compensation for your losses.
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Tips for Documenting the Scene of a Slip and Fall Injury
When a slip and fall accident that results in injuries happens on someone else’s property, you may have grounds for a civil lawsuit. To substantiate your case, there are a few steps you should take even before you contact a personal injury lawyer in Riverside. Provide copies of all of the evidence you gather to your lawyer. He or she will use this evidence to seek compensation on your behalf for your medical bills and physical pain.
Report the Accident
If you fall in a store, restaurant, library, or other public place, call attention to the incident immediately. Depending on where you have fallen, the property owner or manager may have established guidelines for reporting accidents. You might be asked to fill out some paperwork. If you do file a written report, ask for a copy for your records.
Look for the Cause
A successful slip and fall lawsuit requires demonstrating that a hazardous condition existed that caused you to slip or trip. If possible, document the hazardous condition right away because the property manager may correct the hazard promptly after your fall. Take photos of damaged handrails or steps, uneven flooring, spilled liquids, or other hazards that caused you to fall. If you don’t have a cellphone or camera with you, write down a precise description of the area and the hazardous condition.
Write Down Witness Information
Witness statements can play a significant role in a slip and fall lawsuit. If anyone witnessed the accident, ask them to write down their names and contact information. Your personal injury lawyer can question them later.
Seek Medical Attention
If you have severe injuries like a broken bone or a possible concussion, don’t try to drive yourself to the hospital. Call 911 instead. Even if your injuries appear to be relatively minor, you should still seek medical care because you might have internal injuries. Additionally, your medical records will substantiate your case. Retain all of your medical bills and receipts, pharmacy co-pay receipts, discharge sheets, written instructions from doctors, and all other documentation pertaining to your health status. These documents will prove the extent of your losses.
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Understanding Catastrophic Injury Cases
Injuries caused by a negligent party can range from minor to serious to life-threatening. Some victims require ongoing medical attention for the rest of their lives. If you or a loved one has sustained a catastrophic injury, it’s important to contact an accident lawyer in Riverside promptly. Catastrophic injuries can lead to exorbitant medical bills and other expenses. By contacting an accident lawyer right away, you can preserve your right to file an accident lawsuit to seek just compensation.
Identifying Catastrophic Injuries
Many types of injuries could be classified as catastrophic injuries. Generally, this category of injury includes any that inflict severe, long-term or permanent consequences on the individual. These consequences may refer to disability or disfigurement. An example is a spinal cord injury that leaves the victim permanently paralyzed. Another might be a dog attack that causes vision loss and major facial disfigurement. Severe burns, amputations, traumatic brain injuries (TBIs), and similar injuries are all examples of catastrophic injuries.
Seeking Compensation
Catastrophic injury cases are the most likely to lead to substantial compensation. However, it’s important not to rely on the insurance carrier to offer a just settlement. Quite often, victims with catastrophic injuries will need to file an accident lawsuit with the help of a seasoned attorney. The attorney will calculate the damages, gather together evidence, and file the necessary paperwork. Evidence that proves neglect or intentional wrongdoing in catastrophic injury cases might include traffic camera footage, photographs of crash sites, eyewitness testimony, and medical records.
Calculating Damages
Calculating damages is often a straightforward process for simple accident lawsuits, but in catastrophic injury cases, complex factors must be considered. Survivors of these injuries are typically unable to work after the accident. The attorney may need to hire an expert to develop an estimate of the survivor’s anticipated lifetime earnings that he or she would have been able to receive were it not for the injuries. A life care planner may be needed to thoroughly assess all of the survivor’s future medical and personal care needs. All past damages, such as hospitalizations and pharmacy expenses, will also be added to the total. Finally, damages may include non-economic damages like compensation for mental anguish and pain.
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How Are Compensatory Damages Calculated in Slip and Fall Cases?
All personal injury cases are a little different. To accurately calculate an estimate of how much your slip and fall lawsuit might be worth, you’ll need to schedule an initial consultation with a personal injury lawyer near Riverside. A slip and fall lawyer will review all relevant documentation and thoroughly assess your case to ensure that you receive all of the compensation to which you’re entitled. Because deadlines apply to filing personal injury cases, it’s best to consult a lawyer as soon as possible.
Medical Expenses
Your slip and fall lawyer will request that you save all of your medical bills, co-pay receipts, and similar items. Provide your lawyer with copies of these documents. Your lawsuit may seek compensation for your emergency transportation via ambulance, hospitalization, diagnostic tests, surgeries, and other medical treatments. You may be entitled to receive compensation for physical and occupational therapy sessions, and you should receive compensation for your medication expenses. Personal injury lawsuits can request compensation for both past and future medical expenses.
Lost Wages
Your lawyer will add your total medical expenses to your lost wages. Keep careful track of all of the hours you miss at work and how much money you’ve lost because of the accident. If you have sustained long-lasting injuries and cannot work or can only work in a limited capacity, then you may receive compensation for your loss of earning capacity and future wages.
Incidental Expenses
In addition to medical costs and lost wages, recovering from a slip and fall injury can force you to incur unexpected expenses. You should keep track of gas purchases that were required to go to and from medical appointments, including physical therapy sessions. Perhaps you had to travel to see a specialist for your injuries. Keep track of your travel expenses. Save receipts for any durable medical equipment you may have required, such as crutches or a wheelchair.
Non-Economic Damages
Non-economic losses refer to those that cannot easily be calculated, such as mental anguish, pain and suffering, and loss of companionship. Let your slip and fall lawyer know about all of the ways that the accident and your injuries have affected your daily life or diminished your quality of life.
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