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5 Things To Know About Premises Liability

Premises Liability

Have you been hurt on someone else’s property? As a premises liability lawyer like our friends at Council & Associates, LLC can explain, you may be entitled to some serious compensation. Read on to learn more about premises liability, and see how having the right lawyer on your side can make a huge difference.

1. A Property Owner Has A Responsibility.

It can take many forms: You could be visiting a house, shopping in a store, taking a walk in the park, or even just going to work. During all of these regular activities, you’re dealing with other people’s property. And those property owners have a responsibility to keep others safe.

A premises liability claim revolves around the concept of negligence, and the responsibility to keep others safe when they’re dealing with your property. A home owner needs to keep visitors safe, as does the owner or manager of a grocery store, the owner of a dog, or the property manager of your office.

2. Negligence Means A Potential Lawsuit.

Don’t get too lawsuit-happy. If you’ve been hurt on someone else’s property, your case will depend on whether your injuries were avoidable, and if the property owner neglected his or her responsibilities to keep you informed and safe.

For example, if you fell off a shaky ladder even though the property owner warned you that the ladder was shaky, you may not be able to claim that the property owner was negligent. On the other hand, if an unleashed dog suddenly bites you while you were walking in the park, you could claim that the dog owner neglected his or her responsibility to maintain your safety by letting the dog off the leash.

3. You Shouldn’t Have To Pay For Your Medical Care.

You shouldn’t have to foot the bill if you were injured by someone else’s action – or inaction. Even a minor injury like a slip and fall can lead to serious health complications later on, so it’s important to seek medical care as soon as possible. Unfortunately, this means bills.

Filing a premises liability claim can help you get some much-needed compensation so you can actually afford medical care. However, filing a claim isn’t something you can just do by yourself – especially if you’re recovering from injuries. It’s important to get in touch with a lawyer.

4. The Right Lawyer Can Help.

If you want to file a premises liability claim, you’ll need to lawyer up. The right lawyer can walk you through your next steps, while also providing valuable input about whether or not you have a case in the first place.

It’s important to get a legal perspective if you’ve been hurt on someone else’s property. As an added bonus, your legal team may be able to help you pinpoint any other parties that may have directly or indirectly caused your injuries.

5. Finding The Right Lawyer Takes Work.

Sometimes a simple Google search isn’t enough. If you’re shopping for the right lawyer, you need to do some digging. Read up on lawyers who specialize in premises liability, especially law firms that operate in your area. If they offer free consultations, it’s a great way to get in touch and see if they’re worth your time.

Don’t suffer from your injuries, and don’t let your medical bills sink you any more than they already have. Get in touch with a lawyer today to start building your case.

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Common Criminal Defense Cases  

Criminal Defense Lawyer Vero Beach, FL

Defending yourself against a criminal accusation is not easy to do alone. When you are in need of a skilled and experienced criminal defense lawyer to support you through your legal cases, you will need to speak with a lawyer so that you can obtain more information about strategies to use for your case and see if it is possible to get them dropped. A skilled lawyer has a strong understanding of the legal system, so they will be able to better defend you in many types of criminal defense scenarios. Some common types of cases that a lawyer often works on are the following. 

Fraud 

Misrepresenting information about a business, service or product is illegal and can be criminally prosecuted. If you have been wrongfully accused of providing fraudulent information, intentionally or otherwise, look to a trusted and highly experienced criminal defense lawyer for legal assistance so that they can help you protect your rights. Fraud may be a non-violent crime, but a conviction can result in years of jail time and large fines. You should do everything in your power to fight a fraud charge if you do not want to face the worst consequences. 

Assault 

Assault and battery are often charges that are paired together. Assault refers to an act that intentionally puts someone else at risk of imminent danger or harm. An assault case does not have to involve someone making physical contact on another person, but only involves the threat of harm. For example, if a person threatens to harm another person while they are drunk, they can be charged with assault. You should have a lawyer represent you if you are accused of assault because you can face lengthy jail time. 

Theft 

Stealing any kind of possession that a person does not own can come with fines and jail time. Theft is a serious offense and it can come with severe consequences. The more valuable an item is that was stolen, the more serious the consequences. People who are accused of theft must be able to defend themselves against the charge if they do not want to face the worst consequences that can change their life. 

Hit and Run

A hit and run is one of the most serious criminal acts. If you are involved in an accident and flee the scene because you were afraid of the consequences, you can be charged. A hit and run charge is extremely serious because no aid was rendered to the victim and the decision was intentional. You can experience the loss of your license and be handed a sentence of jail time if you are convicted of fleeing the scene of an accident. 

Drug Possession 

Many people dealing with a criminal charge include people who are accused of selling or using drugs. Drug charges are serious regardless of the drug classification, as a qualified criminal defense lawyer like one from Tuttle Law, P.A. can tell you. Even possessing a small amount of drugs can result in a conviction that can lead to serious jail time. 

If you are in need of detailed information about affordable legal services, speak to a lawyer right away so that they can begin working on your case.

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Top Reasons For Filing Workers’ Compensation

Safety standards in the workplace have exponentially increased over the past few decades, leading to fewer minor and significant injuries while on the job. However, even with rigorous protocol and guidelines, damages can still happen. Professions that see the most injuries include: 

  • Loggers 
  • Fishing and hunting workers
  • Delivery and truck drivers 
  • Construction workers
  • Pilots and flight engineers
  • Roofers 
  • Oil rigger workers 

These professions are physically oriented and sometimes don’t have the safest working conditions, even with safety standards implemented. Unfortunately, job injuries can happen to anyone—whether you’re loading and unloading heavy freight all day or editing spreadsheets in a cubicle. We’ll explore some of the most common types of injuries filed for workers’ compensation. 

Injuries From Slips and Falls 

Slips and falls represent the most common reason for workers’ compensation in the U.S. Slips, and falls can happen in virtually any job, and it often doesn’t take much for injury. A small spill left in the breakroom can cause a worker to fall. Injuries from this fall can range from minor discomfort to sprains, broken bones, and even traumatic brain injuries. 

Motor Vehicle Accidents 

We always assume a risk whenever we get behind the wheel of a car; whether we’re driving across the country or around the corner, accidents can happen. When driving a vehicle for work-related needs, it’s possible to receive workers’ compensation if an accident takes place. The accident doesn’t need to occur on the job’s premises either. Truck and delivery drivers often face this issue, but many jobs may ask you to drive your vehicle or a company-issued vehicle to fulfill specific tasks. 

Burns or Chemical-Related Injuries 

Burns from hot surfaces or chemicals are another type of injury. Alongside visible damage, exposure to toxic elements can trigger less visible health concerns. Industry-grade chemicals and lawn care chemicals are common examples. Unfortunately, chemical-related injuries can be harder to link back to your job or employer. 

Falling Objects 

Falling objects can happen in any job, whether operating a forklift in a warehouse or filing papers in the office. Examples can include falling construction objects or debris, items falling off a shelf, debris falling from a ceiling, a filing cabinet falling over, etc. 

Machinery Accidents 

When operating machinery of any kind, accidents are possible. For example, many workers use heavy machinery for manufacturing, demolition, and other tasks. These types of accidents can happen more often than people think. For example, your job may not have a lot of heavy machinery, but it’s still possible that you might have a baler or compactor in the back for cardboard boxes and other material. 

How Can a Lawyer Help? 

Following an accident in the workplace means you might be eligible for workers’ compensation. Working with your employer to receive workers’ compensation should be straightforward. Unfortunately, issues can arise. Besides needing to know how to file all the paperwork correctly, an employer or a workplace’s insurance company may try denying you workers’ compensation or won’t offer the correct amount of payment. Working with workers’ compensation lawyers in Queens, NY, can help. Give our friends at Polsky, Shouldice & Rosen, P.C a call today! 

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Common Personal Injury Terms & Claims

Personal Injury Lawyer

If you recently sustained a serious injury and believe that someone else’s actions were to blame, you may be looking for a way to hold them accountable for their actions. A common way to take action is by means of a civil lawsuit, specifically a personal injury suit. Below, a personal injury lawyer Lafayette, IN injury victims rely on to help during their time of need, from Hall-Justice explains basic terms you will likely encounter during the process.

Plaintiff

The person, group, or entity who is initiating the lawsuit is the plaintiff. For example, if you were injured in a two car accident and believe it was the fault of the other driver – you would be the plaintiff if you decided to initiate a lawsuit against the other driver. 

Complaint

By filing a complaint, the plaintiff effectively initiates the lawsuit. After consulting with a personal injury lawyer, the plaintiff will file their complaint with the appropriate court for their unique situation. The complaint is the formal means of expressing grievances and initiating the necessary processes to begin the lawsuit.

Prayer for Relief

A component of the complaint process may be a prayer for relief, which basically outlines that the complaint also includes a preliminary demand for a financial damage award amount. By stating how much money you need, you are praying for relief. The award would be to help recover your losses after incurring expenses from your injury or condition.

Defendant

The person or group who receives the complaint from the plaintiff is the defendant. The defendant is the party who we are saying is believed to be liable for causing harm to the plaintiff. For example, if you were rear-ended and were injured, the person who rear-ended you could be the defendant.

Answer

This is the formal response to the complaint posed by the plaintiff. The defendants must file a formal anwer that effectively states their position and intentions regarding how they are to proceed from that point on. The answer concerns allegations posed by the plaintiff. 

Damages

The primary objective of most personal injury suits is to obtain financial compensation in the form of compensatory damages. Damage awards are intended to help the plaintiff with the process of recovering after sustaining an injury or developing a condition.

Compensation is typically collected in the form of economic or noneconomic damages.

The compensatory damages may be “economic” or “noneconomic.” Economic damages are physical, more tangible damages that can be quantified, and their value does not change depending on the jury that is evaluating them.

Economic damages:

  • Past and future medical expenses
  • Past and future lost wages
  • Household services
  • Vocational rehabilitation
  • Property damages
  • Out-of-pocket expenses
  • Lost earning capacity
  • Medical expenses may also be included under economic damages. These damages are bills that arise out of the injuries that are caused by the accident.

Other medical expenses that compensation can be collected for:

  • Chronic physical health issues
  • Chronic mental health issues
  • Surgeries
  • Future treatments

Noneconomic damages:

  • Pain
  • Emotional anguish
  • Humiliation
  • Reputation damage
  • Loss of enjoyment of activities
  • Worsening of prior injuries

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Emotional Abuse in Nursing Homes

Nursing Home Abuse Lawyer

When many people think about nursing home abuse, they likely imagine bruises, black eyes and other physical injuries. However, nursing home abuse can also be psychological. While nursing home residents may not suffer physical harm from psychological abuse, it can still be very harmful. They can suffer long-term mental health effects from the emotional abuse.

Types of Emotional Abuse

Emotional abuse in nursing homes can be verbal or non-verbal and negatively affect residents for a long time. Here are some common types of emotional abuse.

  • Ignoring patients
  • Yelling or screaming at patients
  • Insulting patients
  • Keeping patients away from family and friends
  • Threatening patients 
  • Making patients feel guilty

Signs of Emotional Abuse

Since emotional abuse does not produce bruises or other physical signs, it can be trickier to detect. However, if you know what signs to look for, you may be able to recognize if your family member is suffering emotional abuse at a nursing home. For example, if your loved one is normally happy-go-lucky and suddenly becomes depressed and withdrawn, it may be a cause for concern. It may be a sign that something is not right at a nursing home. Nursing home residents may also become irritable, angry or nervous if they are experiencing abuse.

Residents can also experience physical symptoms from emotional abuse, such as insomnia, decreased appetite and sudden weight loss.

What to Do If You Suspect Emotional Abuse

If you have reason to believe that your family member is suffering emotional abuse at a nursing home, you should first have a conversation with your loved one. Tell your family member about your concerns and ask if he or she is being mistreated by nursing home staff. Some nursing home residents may be reluctant to talk about their abuse out of shame or fear.

Then, you may want to remove your family member from the facility and report the emotional abuse to the proper authorities.

If your family member has suffered serious harm from the emotional abuse, he or she may be entitled to compensation. It is wise to discuss your case with a nursing home abuse lawyer Chicago, IL, like one from Disparti Law Group, as soon as possible. A lawyer can investigate the case and help you hold the nursing home facility accountable. He or she can help your loved one pursue compensation for the abuse.

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Filing for Workers’ Compensation After Aggravating a Pre-Existing Injury

Workers’ compensation exists for those who are injured at their jobs. Even if pain and suffering result from a previous condition being aggravated, payment should be possible. As a construction accident lawyer from a firm like Rispoli & Borneo P.C. can explain, the key is being able to show a direct link between one’s present physical ailment and active workplace conditions. Here are a few matters you should understand about workers’ compensation claims for injuries that reappear because of on-the-job duties.

Proof of Cause

Claiming that your injury relates to workplace activities requires evidence. Any doubt that your situation existed previous to being with your current employer could cause your request to be rejected. Collect all medical records that show your condition was cured before you accepted your present position. You must also gather documentation from your place of employment. Get copies of every document that verifies the incident that triggered your re-injury. It’s also wise to collect eyewitness testimony from co-workers, if applicable. Work with an attorney to gather statements from those who saw the event in question or observed your condition worsening over time.

Injury Reporting

Your problem needs to be reported to a manager as soon as possible. There is a limited window for doing so; therefore, it is recommended that you inform your superior the moment that you realize an injury has returned. 

Additionally, there are deadlines for filing claims. The date specific to your case is dependent upon where you reside, as well as the circumstances of the incident. If you do not meet these statutes of limitations, expect your claim to be rejected.

Compliance With Medical Advice

Your claim is likely to be denied if you behave in a manner that suggests you are not really injured. Continuing to work or perform activities that go against your doctor’s orders can be counted on working against you. Other medical recommendations, such as wearing a brace or not driving, need to be followed. Like other insurers, those responsible for determining the validity of your claim will be looking for reasons to issue a denial. Don’t give them any reason to believe you were not truly harmed.

When someone exacerbates an old injury while at work, the cost of medical treatment and lost wages need to be covered. This only happens if payment requests are made on time and the claimant shows that workplace circumstances caused the health issue. Hire a worker’s compensation attorney to fight for you; it’s the best way to improve the odds of a favorable outcome.

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If You Are Injured at Work

Workers Comp Lawyer

If you are injured at work, then you are legally entitled to file a Worker’s Compensation claim for the injuries you have received, in a workers comp lawyer such as the ones available at Hurwitz, Whitcher & Molloy LLP are going to be able to help you do this quickly and efficiently. Worker’s compensation covers people under federal law. Typically they must work full time although your workers comp lawyer is going to be able to tell you about local or state laws that affect your Worker’s Compensation claim.

You are generally entitled to receive payment for the cost of all related medical care, direct payments to you for lost time from not being able to work because of your injuries, vocational services if you are not able to return to your job and of course compensation for any permanent disability that is the result of the injuries you retain while on this job.

You can apply for your benefits, but you must have notified your employer verbally or in writing after your injury before starting the process. You must also file formally in the appropriate jurisdiction within a statute of time at which your workers comp lawyer can tell you about.

After your claim has been filed and you are going to be released from the care of your doctor, you may find that you are qualified for permanent disability benefits. While a lot of work injuries are temporary and can result in full recovery, this is not always the case and sometimes injured workers find they will have pain or other symptoms even after they are allowed to return to work.

If you have been injured in a workplace accident and you still have other symptoms after your treatment, you may be entitled to additional compensation or even potentially qualify for partial disability or permanent total disability benefits and this would be the case even if you return to full-time duties.

After being released from medical care if you still have pain and sometimes, you may find that there are additional compensations for some form of disability that can be applied to your case and your workers comp lawyer is going to be able to go through this with you. It does not matter if you have been released back to work; the issue is if you are still experiencing pain or other symptoms of your injury, you might find this eligible for partial disability.

However, if you are unable to return to work at all, and you cannot return to pre-injury employment, you may have the basis for a permanent total disability claim if your workers’ comp lawyer can help you with that as well. This does not mean that you need to be bedridden or unable to walk, a person is considered being permanently totally disabled if they suffer from any of the following disabilities: loss of both eyes, both hands, both legs, both feet, any combination of the two, impairments to their eye, and arm, foot, or a leg.

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When to Hire an Employment Discrimination Lawyer

Employment Discrimination Lawyers

Employment discrimination lawyers represent both employees and employers, depending upon the issue at hand. Employment discrimination lawyers ensure that employees are treated unfair and is it manners, and that of lawyers are lined with local, state and federal laws that are applied to the modern workplace typically by the EEOC or other lawmakers.

Employment discrimination lawyers can draft and review we handbooks, they can assist with wage issues and represent both employees and employers before the EEOC. They are also able to provide guidance on the rights of employees, especially these employees who are alleging the rights have been violated.

If you need to hire an employment discrimination law usually talk to a law firm like Eric Siegel Law. Employment discrimination lawyers can handle legal issues relating to them we met, such as wrongful termination, work is discrimination, sexual harassment, contract violations, employee benefit issues, retirement saving plans and whistleblower protection.

A lot of employment discrimination lawyers do not require you to be part of a union to have representation because they understand that if you are not part of the union in your essentially powerless when an employer is mistreating you. On the flip, employment discrimination lawyers understand that people can make false claims and it can heart a place of employment and that this needs to be protected against as well.

When Should I Hire An Employment Lawyer If I Am the Employee in the Situation?

Because employers can commit wide varieties of unlawful actions that can lease employees at a disadvantage, violate the rights or even put them in harm’s way, you should contact employment attorney in any of the following situations but do know this is not a complete and final list and more things can come up:

  • If you have been harassed at work
  • If you have been treated in a discriminatory manner because of something that is a protected characteristic
  • If the employer is retaliated against you because you exercise a right that you have to do requesting overtime pay
  • If your employment has been terminated and is in violation of an employment contract that is expressed or implied
  • If you’re being forced to sign an agreement which waives rights to which you are entitled
  • If your employer has not given you benefits that you are entitled under the employment contract and federal law

When Should I Hire an Employment Lawyer If I Am the Employer in the Situation?

Because your employer, and asked variance to employment discrimination lawyers is going to be able to help you with a wide variety of issues which are related to employing an appointment. A lot of employment discrimination lawyers are able to educate you about state and federal laws and by in your particular workplace, and they are also going to be able to help you ensure the leaders are in compliance with these laws so that they do not get involved in disputes that may wind up as lawsuits.

Reach out to an employment discrimination lawyer if:

  • You need representation to bargain with the union
  • An employee has filed a complaint for discrimination or harassment
  • An employee has filed a lawsuit naming them as the defendant for employment related matter
  • Employer plans to lay off or fire a large group of employees, terminate a benefit that employees receive or change current pension plans

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Going Back to Work after Being Injured On the Job

If you have been injured on the job and have been away from work collecting workers compensation, there are some important things you need to consider before returning to work.

Be sure you understand the workers’ compensation benefits and pay strict attention to notes from doctors concerning your condition. Once a doctor states you are are ready to go back to work, you have to show up or else put your workers’ compensation benefits at risk.

If you are seeing a physician on a regular basis, each time you go, your doctor will write something on your chart concerning your work status. The doctor will either say you are not ready to work at all, go back to work but with some restrictions, or totally released to resume your job without any restrictions.

If you do not agree with what your physician says about your work capabilities, or your employer is treating you badly because you are not able to function at your job one hundred percent, get in touch with an experienced workers’ compensation lawyer Memphis, TN trusts to discuss your options.

There are several different categories of workers’ compensation disabilities:

  • Temporary Partial Disability allows you to perform some, but not all, of the duties of your job for a set time limit
  • Temporary Total Disability totally restricts you from going to work for a set amount of time
  • Permanently Partially Disabled is an injury that permanently diminishes the ability to fully perform your job.
  • Totally Disabled Permanently means you can never return to work, for the company where you are currently employed or any other company

Your physician will determine when you can go back to work and in what capacity — either no restrictions or with some restrictions. They will make a note on your records concerning the status of your job. Sometimes, you could be out of work until you attain the most medical improvement they deem possible. This is called maximum medical improvement.

Other times, your doctor may release you prior to reaching maximum medical improvement. You may still be receiving treatment for your injury, but you could be allowed to work in a less strenuous environment, desk job, etc.

Once your doctor states you are released to go back to work (and be careful — they may write this on paper and not mention it to you in person), it is important to immediately contact your employer. In addition, report to your job as of the date the doctor releases you.

Is it Possible to Be Terminated After Getting Injured at Work?

Yes, you can. If the job you held prior to your injury is no longer available, you may have to find a different job. If you work for a smaller company, they may not have manuals for employees that state the company’s policy or returning to work after an injury.

The company may not be able to help you find another job within the company if you now have restrictions because of the injury. The employer is not mandated to let you keep your job if your former job is no longer available and there aren’t any other jobs you are qualified to perform.

 

 

Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for the insight into workers compensation.

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Chronic Knee Pain

If you suffer from chronic knee pain, you understand just how much this pain can interfere with the quality of life. Knee pain can disrupt daily activities, cause many sleepless nights, and even make going to work every day difficult.

Determining what is causing the pain and finding the right course of treatment can be something a dedicated knee pain doctor can help you with, leading you to the road of recovery and getting your life back.

Patients who are suffering from knee pain frequently also suffer with swelling around the knee, hot skin, and instability. The following are some of the common medical issues that cause knee pain that a doctor for knee pain can help you with:

Arthritis

For anyone over the age of 70, one of the most common causes of chronic knee pain is arthritis. This is caused by the wear and tear on the joints, which damages cartilage and bone. All of this irritates the joint and causes swelling and pain. Symptoms of knee arthritis can range from mild to severe and are typically treated with medication, diet, exercise, and knee supports. In severe cases, surgery may be necessary.

Tears of Ligaments

When a patient complains of severe knee pain that is accompanied by swelling, a knee doctor may look for damage to one of the knee ligaments. Ligaments are tissues that connect bones to the body. The knee is made up of four ligaments:

  • Anterior cruciate ligament (ACL) connects the thigh bone to the shin bone.
  • Posterior cruciate ligament (PCL) also links the thigh bone to the shin bone in the knee.
  • Lateral collateral ligament (LCL) connects the thigh bone to the fibula on the outer side of the knee.
  • Medial collateral ligament (MCL) links the thigh bone to the shin bone on the inside of the knee.

There are three grades of ligament tears:

  • Grade 1: Only a few fibers of the ligament is torn. Symptoms include mild pain and swelling. There is no instability
  • Grade 2: Although more fibers are torn, the ligament is still intact. Symptoms usually include moderate to severe pain and swelling, accompanied by some instability.
  • Grade 3: The entire ligament is ruptured. Symptoms include severe pain and swelling, along with much instability.

Tearing of the Meniscus

The meniscus is a special layer of cartilage that protects the knee joint. If this cartilage tears, the result can be severe knee pain and swelling. There is often limited knee movement, all caused by inflammation and bleeding in the knee joint.

A meniscus tear can occur because of wear and tear, causing the cartilage to become thin and fray. This type of tear is usually related to age or arthritis. Another way the meniscus can tear is because of some type of twisting motion with the knee, causing the tear. In addition to the pain and swelling, another symptom of a possible meniscus tear is if the knee joint locks up, leaving the patient unable to move their knee.