Should I talk to the insurance company after an accident?

I Have Already Talked to the Insurance Company About My Auto Accident. Am I In Trouble?

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You have been injured in an accident. Before you could even Google “what to do after a car accident,” the other party’s car insurance provider called you. That is a good sign that the accident was not your fault, and that they want to settle quickly.

Unfortunately, you chatted with them a little too long before you read that you should not ever speak to the other party’s insurance company unless you have already talked to an attorney. Now what?

While it is best to avoid speaking to the other party’s insurance provider, it is never too late to contact an attorney and find out how to move forward with your claim. Use these tips to help.

Relax and Do not Answer Any More Calls

Do not worry too much about hurting your claim. What has done is done, and all you can do is move forward. However, limit the damage done by avoiding any more calls from the insurance company. Instead, use that time to contact an experienced personal injury attorney to find out how they can help you.

Why Talking to Insurance Companies After An Accident Can Be Harmful

Knowing why you should not talk to insurance adjusters makes it much easier to ignore their calls and do what is best for you. First, remember that they are not on your side. They might seem friendly or sympathetic about your injuries, but their goal is to get their company off the hook with as small a settlement as possible.

Anything you tell the adjuster during your calls can be used to discredit you or weaken your claim. For example, imagine you tell the adjuster how the accident happened. They ask you if they can do a recorded statement to make the claim go faster, and you comply. During your recorded statement, you say that your passenger was sitting behind you—but during the first retelling, you said they were sitting behind the passenger seat.

This small and irrelevant detail is enough for insurance companies to throw suspicion on your claim and assume that you are untrustworthy. Any small error, no matter how pointless, can derail your claim.

Another reason you should not talk to insurance company representatives after an accident is that you simply don’t have the full picture of your injuries yet. If you talk to the adjuster a day or two after your accident, you are likely in pain but still coming down from the adrenaline rush of the accident. You might feel okay, but that doesn’t mean you don’t have serious injuries. However, once you give the company the impression that you are on the mend, it is unlikely you will be able to convince them otherwise.

Remember What You Told Them

For your attorney to assist you, you should try to remember what you told the insurance company before you stopped contacting them. Jot down anything you can remember about the conversations you had, what they told you, and what you told them. This can be very helpful to your attorney, since it might show them different angles the insurance company will use to limit your settlement amount.

Don’t be embarrassed and downplay what you told the insurance company. Sometimes, accident victims worry that they will look stupid if they tell the attorney that they submitted a recorded statement or told the insurance adjuster that they were feeling better. Do not fall into this trap. This can lead to your attorney being blindsided when they find out what you actually said. Honesty is the best policy.

Contact an Experienced Personal Injury Attorney

Before you go any further with your accident claim, hire a personal injury attorney. That is the most important step once you stop talking to the insurance company. A skilled car accident attorney will be able to look at the facts of your accident, figure out the value of your injuries, look at what you told the insurance company already, and come up with a game plan.

Most personal injury cases settle out of court, so your attorney’s first goal will be to negotiate a fair settlement for you. This involves presenting evidence, clearly establishing liability, and demonstrating the effects of your injury on your life.

Note, though, that some personal injury cases do go to court. This can happen when liability is hard to prove or when an insurance company just isn’t interested in negotiating fairly. If this happens, your attorney will prepare for court while keeping the door open to negotiations prior to the beginning of your court case.

Take the first step now toward a successful injury claim by contacting a seasoned personal injury attorney in your area.

lane splitting, motorcycle crash, motorcycle accident injury

What You Should Know About Motorcycles and Lane Splitting in Colorado

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When a motorcycle rider drives between two rows of motorcycles moving in the same direction, the traffic maneuver is known as lane splitting. Under Colorado law, lane splitting is currently unlawful.

The Colorado Department of Transportation expressly disallows splitting or sharing lanes in the state. Further, it prohibits overtaking or passing an automobile in the same lane as the motorcycle. Motorcycle riders must overtake using a separate lane, similar to other vehicles. However, it is legal to split a lane with a fellow motorbike rider.

A motorcyclist could face a traffic infraction if they are caught splitting lanes in Colorado. Depending on the circumstances, the penalty for lane splitting is fine, ranging from $15 to $100.

Also, lane splitting could contribute points to a motorcyclist’s license, potentially leading to increased insurance premiums or license suspension. A motorcyclist can also face civil liability for damages if they cause a collision while splitting lanes. Violation of lane-splitting regulations could be grounds for a negligence lawsuit against the motorcyclist.

When is Lane Splitting Lawful in Colorado?

In Colorado, lane splitting is permissible when the splitting involves two motorbikes in the same lane. The Colorado Motorcycle Operator’s Handbook elaborates that it is unlawful for a motorcyclist to overtake or pass a vehicle in the same lane as is sharing a lane with automobiles. But motorcycle riders can share a lane or “co-ride” with one other motorbike.

Lane splitting has two versions. One version involves a motorcyclist sharing one lane of traffic with another vehicle. The other version is when a motorcycle rider travels between lanes of traffic over the dashed white lines to overtake other vehicles, called “stripe-riding” or “whitelining.”

Why do Motorcycle Riders Split Lanes?

There are extensive legal restrictions on lane splitting, yet it is common among motorcycle riders who want to save time and avoid traffic jams, especially in major cities. Some supporters of the practice state that it removes motorbikes from behind halted cars, where they can be rear-ended. These proponents of the practice say that lane splitting is safer than being stuck in traffic. It enables the motorcyclist to move to a safer position, i.e., between two larger automobiles.

Researchers from the University of California, Berkley conducted a study on lane splitting safety several years ago. Upon analyzing nearly 6,000 motorcycle crashes, the researchers determined that many motorcyclists were hit from behind by distracted motorists while sitting in traffic.

The research study’s findings indicated that lane splitting could be safe in traffic traveling at 50 mph or less, and if the motorcyclist is not traveling more than 15 mph faster than other traffic. However, the researchers found that the risk of injury increased rapidly above the 15-mph differential.

Why is Lane Splitting Hazardous?

The below-mentioned scenarios show how motorcycle crashes occur due to dangerous lane-splitting maneuvers:

  • A motorcycle rider is traveling between two lanes of moving traffic when a passenger vehicle driver abruptly changes lanes and collides with the motorcyclist
  • A motorcycle rider sustains injuries when a passenger opens the door to exit a car and strikes a motorcyclist moving between two lanes of traffic
  • A motorcycle rider halts on the vehicle’s passenger side in the motorist’s blind spot and is struck at an intersection when the motorists attempt to make a right turn

If a motorcyclist receives a citation for lane splitting in Colorado, it is considered a Class A traffic infraction and is punishable fines ranging from around $15 to $100. In addition, they can get points on their driving records. An excessive number of points can lead to the suspension of your license.

Lane Splitting Accident Prevention

Lane splitting is deemed illegal in most states. Thus, it is likely that some measure of liability may be assigned to any motorcycle rider who is involved in a collision while splitting lanes. However, every case’s circumstances are different, and the ideal course is always to avoid situations that may lead to a crash.

When riding a motorcycle, this translates into exercising great patience and caution in congested road conditions, following traffic laws, avoiding a position in the other motorist’s blind spots, and clearly indicating your intentions.

Other drivers on the road should be aware of their surroundings at all times, allow adequate braking distance for motorcycles, and avoid cutting off or startling motorcyclists who are trying to make their way through slow-moving traffic. Whether you believe you are right or not, sharing the road with others can save lives and legal battles.

Obtain Legal Help from Colorado Motorcycle Accident Attorneys

If you have sustained injuries in a motorcycle accident due to another driver’s negligence, you may be entitled to compensatory damages from the guilty party. You should seek immediate medical treatment and acquire the documentation which law enforcement provided you in such cases. After that, make sure you consult a skilled Colorado motorcycle accident attorney to discuss your case and find out what your legal rights and options are.

Why Do I Need an Attorney After an Accident If I Already Have Health Insurance?

Why Do I Need an Attorney After an Accident If I Already Have Health Insurance?

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Despite the fact that hiring an attorney can help you get more compensation after a car accident, a lot of questions often come up about when you actually need an attorney, and when it makes sense to just handle the claim on your own. A lot of this has to do with the extent of your injuries and whether there are any complicating factors in your case.

In general, if your injuries are minor and the facts in your case are pretty straightforward, then you might not have much need to get an attorney. As long as the insurance company treats you fairly and gives you a settlement offer you are happy with, then you are probably okay to settle up and move on with your life.

Another question that comes up fairly often is regarding the need for an attorney if you already have good health insurance. After all, your health insurance should pay for all your medical costs, right?

Find out more about why you still need an attorney after an accident—even if you have health insurance.

Health Insurance Isn’t Free, and It Has Limits

To start with, even if you have health insurance, it’s still going to cost you to use your insurance. If you haven’t hit your deductible yet, you can plan on maxing that out on most car accidents. Even after that, you’ll usually have to pay a portion of expenses until you reach your out-of-pocket maximum for the year. And if the accident wasn’t your fault, it isn’t fair for you to be stuck with those expenses.

On top of all this, insurance does have limits. Health insurance companies are not exactly known for being philanthropists, and they’ll do a lot to deny a valid claim. After a car accident, you don’t have just one claim. You’ll have a claim for each diagnostic test you get, each appointment you attend, each surgery you get, each medication you have to take, and each follow-up appointment. Your insurance company is likely to challenge at least some of these claims, which is extra stress you don’t need while recovering from an accident.

Health Insurance Kicks in After Your Car Insurance

One of the reasons that insurance is confusing is the overlaps in the system. For example, the other driver’s insurance policy has funds for injuries caused by the policyholder. Health insurance does not kick in until that police is maxed out. Depending on how much coverage the other driver has, that could leave you on the hook for a lot of money.

Additionally, you can’t expect the other person’s car insurance to pay up without a fuss. Car insurance companies are just as profit focused as health insurance providers, so if they can find a reason to deny your claim, they absolutely will. With an attorney, you have a much better chance of filing a successful accident injury claim, which can cut down on the delays and unnecessary communication with getting your medical bills covered.

Insurance Providers Don’t Want to Pay if Someone Else is Liable

When you go to the doctor to get checked out for an accident, they’ll ask why you need to be seen. That information will be visible to the insurance company. As soon as your health insurance provider finds out that your injuries occurred in an accident you didn’t cause, you can expect them to point the finger at the other party.

Their coverage is not there to pay for other people’s mistakes. Because of this, many health insurance companies will go after the liable driver for compensation. Any money you receive in a settlement will go first to the expenses covered by the insurance company. You receive the remainder. By going after the other driver directly, you save a step and have more control over the negotiation process.

Other Expenses Aren’t Covered by Health Insurance

Beyond the medical bills you get after an accident, you’ll have plenty of other accident-related expenses to cover. You can’t rely on health insurance to cover those costs. For example, if you have to spend a week off of work to recuperate, you’ll need to go after the liable party to pay that. Health insurance won’t. If your car is totaled or damaged, you’ll need a new vehicle or a timely repair to meet your obligations. Health insurance won’t provide that, but a personal injury claim can.

All that being said, we understand the uncertainty about hiring an attorney. It might feel like you’re unnecessarily dragging the process out or making too big a deal of your accident, but the accident will have a direct impact on your life. You shouldn’t be left with the financial burden of an accident that wasn’t even your fault. With a personal injury attorney by your side, you can build a strong case and start planning for the future.

Injured in an auto accident? Take the first step now toward a successful legal claim by contacting an experienced personal injury lawyer in your area.

Preventing On-the-Job Injuries Among Aging Workers

Preventing On-the-Job Injuries Among Aging Workers

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The Safety Health magazine recently reported that 25% of all US workers will be 55 years of age or older by 2022. In other words, nearly a quarter of the entire workforce by 2022 will be comprised of aging adults and senior citizens.

The reason why this observation demands more attention is because, as we know, with age comes several physiological changes that affect all organs. It is time for employers to realize this fact, considering an aging workforce will be the norm going forward.

Important Measures to Protect Older Workers  

As noted by the Centers for Disease Control and Prevention, employers and organizations need to be aware of the health issues impacting aging workers, including chronic conditions. Hypertension and arthritis affect nearly 50% of the workforce over the age 55. This means the risk of an older worker getting injured while performing their job is much higher than a younger one.

The CDC recommends adjusting tasks to workers’ physical abilities as much as possible to avoid injuries or exacerbation of chronic conditions. The CDC also recommends allowing the workers to be able to self-pace their workload and take breaks whenever they need. Helping workers (all of them, regardless of their age) to avoid sedentary work and repetitive tasks will also contribute to a healthier workplace.

Why Aging Workers are at Higher Risk for Job Injuries 

One report published by the Business Insurance states that older workers are injured less often than their younger counterparts due to greater experience. However, the formers’ injuries are usually more serious and take longer to heal.

Older workers may suffer from co-morbidities such as heart disease or diabetes that result in higher medical costs and slower recovery. Let’s take a look at some of the physiological reasons why aging workers are more prone to severe injuries:

Reduced Muscle Strength

For every decade of life after about 25-30 years of age, we lose nearly 4% of our muscle strength. This increased weakness is more pronounced in the lower body regions, such as knees and ankles, making seniors more likely to slip-and-fall. A single slip and fall accident can result in broken bones, traumatic brain injury, or spinal damage.

Loss of Vision and Hearing 

The likelihood of experiencing vision and hearing loss increases as we age. These natural changes can make older workers less aware of their surroundings, and thus, more vulnerable to injury. If an aging construction worker can’t hear the warning beep of a vehicle backing up, it can lead to fatal consequences.

And this is just one example. Older employees who work in construction, chemical, oil, gas, steel, or mining industries can experience life-altering injuries while moving heavy loads or maintaining painful positions during their job duties.

How to Prevent Injuries among Older Workers

If you are an employer or a manager, consider implementing the following tips to reduce the number of on-site injuries among your aging workers in particular:

Establish a Wellness Program

Think about creating a walking program or a flex-and-stretch program for your older employees. This can help prevent falls, sprains, and strains by encouraging improved balance, strength, and flexibility.

Alternatively, you can cover all or a part of the cost of gym memberships for employees who are 50 years or older. Some companies have built workout centers complete with swimming pools on-site for employee use. This kind of initiative can greatly reduce the risk of job injuries that occur as a result of repetitive motion.

If your organization doesn’t have a budget for a workout center, consider inviting an instructor to hold classes such as Tai Chi or yoga.

Optimize the Worksite to Prevent Slip-and-Fall Accidents

Make sure the sidewalks and parking lots are well-maintained and clutter-free. Slip-resistant floor treatments should be applied in appropriate areas, especially the reception hall and stairwells. Educate all your employees, especially the older ones, about the hazards of slip-and-fall injuries. Encourage them to wear footwear that has a lot of contact with the ground, such as shoes with a low-wide or flat heel.

Workers who spend any time working outside during the winter, such as maintenance workers or bus drivers, should be advised to wear traction or slip-resistant footwear. The same goes for employees who work in environments that often have greasy or wet floors, such as hospitals or kitchens. Something as simple as using handrails and walking cautiously in slippery or wet conditions can prevent a disastrous fall.

Request Pre-Employment Physical Tests Before Hiring

Your employees must be able to meet the physical requirements of their job roles. To ensure this, ask for pre-employment physicals for new hires so the management is certain the workers are capable of all the tasks their job calls for.

The person performing the testing should have an up-to-date description that includes all of the essential functions. The physician should also review the medical history of the applicant; this may help reveal issues that are not as obvious during the physical exam.

Design the Workplace to be More Worker-Friendly 

Conduct ergonomic evaluations in your employees’ work areas – whether they work on a production floor, inside a vehicle, at a desk, or in another environment. Reach out to your workers for suggestions on how their jobs could be made safer or altered to avoid muscle soreness/fatigue.

It’s recommended to do away with manual lifting wherever possible by either providing lifting equipment or changing the layout of the worksite.

Several studies show that healthcare employees frequently experience sprains, strains, and even slipped discs while handling or lifting patients. However, the healthcare industry is not the only that involves lifting heavy objects by the workers.

All Ages Matter

Older workers bring knowledge, expertise, and experience to the table – something many organizations find desirable and will try to retain in the coming years. A little attention and planning can help keep your workers safe as well as productive at any age.

At the end of the day, there is no one-size-fits-all solution that will keep the older generation of workers safe at worksites. But the general strategies shared above will help employers create a safer and age-friendly environment for their aging workers.

Suffered an Injury on the Job? Contact a Workplace Injury Attorney

If you have gotten injured at work, you may be entitled to workers’ compensation benefits. And if the injury was caused by an outside party, you may be able to file a personal injury claim for damages against the responsible party. The best place to start is to speak with an experienced workplace injury lawyer to discuss your case and review your legal options.

Is a Car Crash Ever an Accident?

Is a Car Crash Ever an Accident?

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If you open the newspaper and flip through, you’ll read a lot about car accidents. A drunk driving accident that killed one and injured three, a bad weather accident that left a car totaled, or a traffic accident that happened after a driver ran a red light. However, the definition of the word “accident” is a negative event that happens unexpectedly and unintentionally.

Knowing the true definition of accident, is any car crash really an accident? Views on this matter are split.

Everyone Uses the Word “Accident”

First, it’s important to note that almost everyone uses the term “accident.” Even police reports for car collisions are often officially called “accident reports.” This implies that there is something unavoidable about a car collision. Or, to govern further, it implies that the vehicle itself is responsible for the crash.

This dates back to when cars were novelties on the road. People barely understood how they worked, and safety precautions were limited. As a result, collisions were always attributed to the vehicle. Over time, the term “car accident” came to be preferred to “car crash.”

The NHTSA has been compiling data for decades to study car “accidents” to determine patterns and likely causes, and have found that many of these crashes could have been avoided.

Most Car Crashes Have a Clear Cause

This reasoning, though, doesn’t really stand up today. The vast majority of car crashes are avoidable and have a clear cause. In most collisions, the cause is not the car itself. While some crashes can be linked back to defective auto parts or poor repairs, almost all crashes are caused by human error. Whether the human error is driving while impaired, turning in front of an oncoming vehicle, improperly estimating another vehicle’s speed, or failing to see a traffic light, all of these errors are avoidable. In these situations, to call a crash an “accident” is a misnomer.

The Term “Accident” Denies Cause

The term “accident” causes a substantial amount of pain for those who have lost loved ones to careless drivers. The term implies that nothing could have been done to change the outcome and that the collision was simply bad luck. But in most cases, this simply isn’t true. It’s not a matter of bad luck; it’s a matter of choice. People choose to drive while impaired. People choose to drive over the speed limit. People choose to chat while in the car, which causes them to miss a sign and not see that the speed limit has dropped. To honor those who have been hurt or killed in car crashes, we need to stop tossing the term “accident” around so lightly. We need to hold irresponsible or reckless drivers accountable.

Are There Any Accidents?

So, if accidents are unintentional or unavoidable, are there any car accidents? This all comes down to semantics, so there isn’t really one true answer. Some people still believe that accident is the right word to use for any car crash, even if avoidable human error is involved. The accident itself was unintentional, they claim, so the term is correct.

Others have started to eliminate the term “accident” from their vocabulary slowly. Some insurance companies, rather than referring to “accidents,” categorize collisions as unavoidable crashes or avoidable crashes. This emphasizes the fact that most crashes are avoidable and aren’t simply random events of chance.

However, no matter where you fall on the spectrum, you’ll likely find that there will always be some accidents. Obviously, crashes that occur because of mechanical error or malfunctioning components are unavoidable unless the driver knew about the issues ahead of time.

The same can even be said about crashes caused by human error. At what level of attentive driving do you stop considering a crash avoidable and start considering it unavoidable? Say someone swerves in front of you on the highway, leaving almost no room between the front of your car and the back of theirs. You panic and brake, but they brake harder and you hit the back of their car.

The insurance company blames you because you were the driver in back. In retrospect, you might think you should have switched lanes and avoided the crash entirely. But on your end, was the accident really unavoidable? Not unless you had perfect foresight and completely clear decision-making skills in times of crisis. And who really does?

What if you’re driving and checking the road for other cars, and you miss a sign that shows the speed limit has dropped? You continue driving 10 MPH over the speed limit, which causes an accident when you hit a patch of ice ahead. This was avoidable, but is it really fair to expect people to see every sign and adhere perfectly? No matter who you are talking about, no one is a perfect driver and to expect that is unfair and impractical.

In summary, to put it in simple terms, some car crashes are truly accidents. However, most of the time, these crashes are due to our own bad decisions. As language adapts and becomes more sensitive to the people who use it, perhaps we will see the word less and less often.

If you or someone close to you has been injured in a car accident, you could be entitled to significant compensation. Remember, however, that the insurance company’s goal is to pay out as little as possible, so they are not on your side when it comes to filing an accident injury claim. In order to ensure that you recover maximum compensation, it is best to speak with an experienced personal injury lawyer about your case.

Can I File a Worker’s Comp and Personal Injury Claim at The Same Time?

Can I File a Worker’s Comp and Personal Injury Claim at The Same Time?

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In many workplace accidents, an injured employee can seek compensation under the worker’s compensation claim and file a personal injury claim for the same accident. This happens a lot especially in the construction sector where workers under multiple contractors are working together on the same job.

For example, when a painter working on a large construction project encounters live electricity wires left exposed due to the negligence of an electrician working on the same site, for a different contractor.

The injured painter can seek compensation from the worker’s comp insurance carrier of his employer and from his own employer too. At the same time, the painter can also file a personal injury claim seeking compensation for negligence from the electrician and the electrician’s employer.

Employees injured in a motor vehicle accident while driving as a part of their work, can claim compensation under both a worker’s comp claim and a personal injury claim.

Understanding Subrogation and Indemnity Lien

An important thing to understand in accidents involving both personal injury and worker’s comp claims is the strong subrogation and indemnity lien in worker compensation. What this essentially means is that the money paid by the worker’s comp insurance carrier needs to be reimbursed out of any awards or settlement received from the personal injury claims in the same accident.

Employers and insurance carriers in some states place a lot of emphasis on subrogation because it allows them to recover a part of the money spent by them on indemnity and medical expenses. Subrogation is applicable to both the past and future claims in many states.

Arriving at a conclusive subrogation lien value is a complex process because of the longer time it takes to settle personal injury claims if they end up in litigation.

How to Recover the Maximum Compensation?

Differences in both the systems sometimes make it difficult to judge whether the personal injury claim in a case is more valuable or the worker’s compensation part. The knowledge of specific facts of a case is important to evaluate and finalize the best strategy to maximize the net compensation recovery.

Mostly, negotiating a combined settlement of the worker’s comp claim and the personal injury claim is in the best interest of the injured worker. It is always helpful to engage experienced attorneys who can diligently examine the facts of the case to evaluate and select the best course of action that can result in maximum possible benefits for the worker.

When Can You File a Claim?

Legally, there are restrictions to file an injury claim against your employer instead of, or in addition to accepting compensation from the worker’s comp insurance carrier. To go to trial in a civil court, you must be able to prove that:

  1. Your employer injured you intentionally.
  2. Your employer has inadequate or no worker’s compensation insurance.

Filing a Personal Injury Claim against Your Employer

If you think you have sufficient grounds to file a personal injury compensation claim against your employer in a civil court, you can stand to recover a larger amount of compensation for your injuries than the provisions of the worker’s comp claim.

Apart from the compensation for lost wages, reimbursement of medical expenses, and indemnification for any physical impairment, you may also be able to plead for damages owing to the incalculable suffering and pain. Suing an employer is an uphill battle, however, and in order to be successful with this type of claim, you will need to show that the injury occurred because of the employer’s deliberate actions.

If you have a valid deliberate intent action against an employer, you might also be able to recover punitive damages. Punitive damages can result in the court penalizing the employer with an amount that could be multiple times the amount of actual financial damages. The court imposes punitive or exemplary damages when it concludes that a defendant was reckless or acted with intentional malice.

Filing a personal injury compensation claim against an employer can be a very complicated process. You need to file specific documents depending upon the state where you reside, where the employer is located, and where the accident took place. Talking to a qualified personal injury attorney is imperative to decide the correct authority and file the case in a proper manner.

The statute of limitation for filing a personal injury claim is often short – usually two or three years, but it could be less in cases in which government entities are involved. If you think your case has merit, contact a personal injury attorney for a consultation and case assessment.

Preparing Your Case

It’s vital that you are well-prepared if you decide to go ahead and file a lawsuit against your employer. Your employer’s attorney will undoubtedly argue to prove that his client did not act out of malice or poor intentions. The onus will be on you to be able to prove your employer’s intent to hurt you.

You must be able to prove that the injuries sustained by you were related to your work. You will also need to establish wrongdoing on the part of your employer that caused your injury.

Finally, in a personal injury claim, you must provide documentation relating to the damages, including lost wages, medical expenses, and evidence of any permanent impairment that might need future treatment.

Protecting Loved Ones from Nursing Home Abuse

Protecting Loved Ones from Nursing Home Abuse

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When you put your family member or loved one into a nursing home, you place a lot of trust in the facility and its staff members. Most of the time, this setup works out fine, allowing the resident a fair amount of independence while keeping them safe and healthy.

Unfortunately, nursing homes aren’t always the safe havens they should be. Sometimes, they are staffed by malicious, inattentive, or negligent care providers. When this happens, residents can suffer serious mental abuse, verbal abuse, physical abuse, or life-threatening neglect. Learn more about nursing home abuse and find out how to protect your loved ones.

Be on the Lookout for Abuse and Neglect

To protect your family member, you need to watch out for both abuse and neglect. Many people know the signs of abuse, such as unexplained injuries, fear of one’s caretakers, and an increase in fearful or anxious behavior. However, neglect is perhaps an even more serious problem in nursing homes.

While abuse may be perpetrated by those who are malicious, neglect can be perpetrated by well-meaning staff members who are overworked and under-supported. With staffing ratios always changing to allow care facilities to save money, it is crucial to make sure that your loved one is safe from both abuse and neglect.

Learn More About Unexplained Injuries

Unexplained injuries are a serious red flag for both abuse and neglect. Unexplainable bruises or broken bones could obviously point to abuse occurring at the hands of an angry caregiver. However, they may also be indicative of neglect. Consider a resident who can use the restroom but needs physical assistance to get to the bathroom. If they ask for help multiple times and don’t receive it, they may try to go on their own. If this happens and they fall, they may sustain injuries that the nursing home wants to cover up. Don’t be afraid to ask questions.

Watch Out for Sudden Changes in Behavior and Mood

You know your loved one, so speak up if their personality suddenly changes or they act out of character. This may be a symptom of abuse, as victims often become quieter or more fearful to avoid irritating their abuser. They may become jumpy, easily startled, or nervous when you ask them about life in the nursing home. In some cases, victims can even become irritable or angry and lash out at their loved ones. This is one reason it’s so important to be in regular contact with their care providers. If these symptoms are because of a medication change, you’ll know not to worry. If not, though, you need to dig deeper and figure out what’s happening.

Be Wary If Contact is Suddenly Limited

Limited contact is one way that abusers control their victims. They know that if their victims have unlimited access to loved ones, the truth will eventually come out. If you talk to your family member every week and visit every weekend, but they suddenly stop being available for your regular phone calls, make note of that and figure out what’s behind it. The same is true for visits. If you are randomly denied physical access to your loved one or the same caretaker is present during every visit, they may be trying to control the narrative and scare your loved one into staying silent.

Take Note of Bedsores

Perhaps one of the most obvious symptoms of nursing home neglect is bedsores. Bedsores are pressure sores that happen on the skin when constant pressure is applied to the same area. They are relatively common in nursing homes because residents who are not moved often enough may experience skin breakdown on their hips, bottoms, or other areas in contact with the bed. While bedsores may be unavoidable in some cases, in most, they can be prevented through regular repositioning.

Keep an Eye on Staff Turnover

This is a sign that family members may not know is a red flag. While nursing homes in general have high staff turnover rates, you should be wary if you seem to meet a completely new staff every time you visit. When so many staff members leave in such a short period of time, it may indicate that new employees are uncomfortable with the abuse they’re seeing or management’s unwillingness to step in. This may also be a sign of constant fatigue, overwork, or burnout. Constantly pushing employees to do more in less time is the ideal way to encourage them to cut corners, leading to neglect or even abuse.

If nursing home abuse occurs, you have options. There are many ways you can protect your loved one and seek justice for what they’ve suffered. However, you have to prove first that they are in danger. By watching out for these signs, you can keep your loved one safe and secure in their assisted living facility.

If you suspect that your loved one is being abused or neglected in a nursing home, the first thing to do is to take immediate steps to get them out of danger. Contact your state Department of Health or Adult Protective Services to report what has happened and determine the next steps. Once this is done, contact an experienced nursing home abuse attorney in your state to discuss your legal options.

injury settlement

Can My Personal Injury Settlement Be Garnished?

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Personal injury victims collect their settlements and claims when they are in a host of unique circumstances. At the time they receive their settlement, they may have outstanding liabilities or loans, for example. These kinds of additional auxiliary obligations can be a burden on your shoulders as you try to move ahead with your life.

You likely would have heard about creditor garnishing procedures to collect money from debtors, and you may wonder if your settlement may be at risk for any potential garnishment.

If you have been awarded a personal injury settlement claim recently or will receive one soon, you must take measures to ensure that this money is protected. Under most state laws, your injury settlement amount is “exempt.”

Therefore, a creditor would not be able to retrieve this money from you through bank garnishment. Furthermore, if you file for bankruptcy, you can keep the entire settlement, even if it amounts to several thousand dollars. The measures you will need to undertake to protect your settlement award are as follows:

Keep Your Injury Settlement Money Separate

The initial step is to keep your settlement money separate from other money, such as wages. It is advisable to deposit your personal injury settlement check in a distinct account and not deposit any other funds in this particular account.

You must park your settlement funds in a segregated, distinct bank account. You should not put your settlement monies and other money in the same account, which is known as “commingling funds.” Doing so eliminates protection or “exemption” for this money.

In case you and your family receive money from another source, ensure that you do not deposit this money in your personal injury settlement account unless you can prove through documentation that the amount deposited came from the settlement award. Summarily, do not deposit cash from another source or a traditional paycheck into the segregated settlement account.

If you can show that all money in your account is from the settlement award, you will be able to retain it if/when a creditor attempts to garnish the funds, or when filing bankruptcy. You must have a relevant “paper trail” or copies of deposit statements and the settlement check, which prove that the check was deposited into the segregated account, and no other deposits were made in this account.

Using Prepaid Cards

In emergencies, use prepaid debit cards. Protecting the settlement money becomes even more challenging if a creditor has been awarded a judgment against you. The creditor may have legal access to money parked in a traditional bank account. In these kinds of cases, depositing the settlement money onto a prepaid debit card will allow you to protect it while still being able to access it.

However, there are several caveats associated with these prepaid cards. Often, there are monthly fees associated with prepaid debit cards as well as limits on the amount of money you can deposit on the card. Moreover, some places might not accept such cards.

Structuring Your Injury Settlement to Prevent Garnishment

As you get ready to accept your personal injury settlement claim, it is crucial to assess your complete financial situation. In case you have outstanding debts, inform your lawyer about them.

Being mindful of your debts when you collect your settlement allows your lawyer to help structure the settlement in a manner that is most beneficial for you. Your lawyer will help you manage your claim’s complex aspects, including handling any garnishment threats with regards to your settlement.

Wage Garnishments in Personal Injury Settlement Claims

If you are considering whether to accept a settlement amount and wondering how to structure the settlement, wage garnishments are one aspect to consider. There are various ways to structure a settlement that you or a loved one is about to collect due to a personal injury lawsuit. Your attorney can provide helpful guidance on how to set up your settlement in a more advantageous manner.

However, you must be open and forthright with your attorney regarding your circumstances to enable them to correctly guide you in structuring your settlement. If your attorney has information on your goals, needs, and circumstances, they can create an effective and efficient plan for you.

Contact an Experienced Personal Injury Attorney

Do you have concerns regarding an accident injury settlement? Are you considering how to structure your personal injury settlement or anticipate a possible garnishment? Concerns like these are one of many reasons you need strong legal counsel by your side during an accident injury claim, so your rights and interests are fully protected.

If you or a loved one got injured because of someone else’s negligence, get in touch with a seasoned personal injury attorney today.

Boating accident

Boating Accidents in Virginia

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In the summer months, recreational boating can offer a fun and enjoyable activity for the entire family. The sport can provide many lasting memories when undertaken wisely. Sadly, a serious boating accident can occur even with a moment of carelessness or recklessness. Under Virginia state law, the vessel operator must report the accident with the Commonwealth’s Department of Game and Inland Fisheries. The failure to report such an incident could lead to criminal charges.

Accident victims may be eligible for compensatory damages and may be able to hold the boat operator, vessel owner, rental company, or even other passengers liable via a civil lawsuit. By doing so, the victim may be able to receive monetary compensation to help offset the costs related to the accident.

Recreational Boating Accidents

In the US, hundreds of people succumb to boating accident-related injuries, which includes fatalities in the waters around the Virginia Beach region. For boating accident victims, minor injuries can also become life-threatening due to the remote access to medical care.

Boating accidents can occur while canoeing, sailing, water skiing, tubing, fishing, and more. The common reasons behind VA Beach recreational boating accidents include the following:

  • Speeding
  • Failure to adhere to navigational rules
  • Being inattentive
  • Boat overcrowding
  • Improper lookout
  • Alcohol and drug consumption
  • Insufficient training and operator mistakes
  • Collisions with rocks, docks, or sandbars

Boating Laws and Regulations in Virginia

 Anyone under the age of 16 years is prohibited from operating a watercraft. Individuals aged 14 or 15 may operate a watercraft upon completing a course on boating safety.

  • Your vessel must be equipped with a life jacket within the easy reach of every person aboard. On top of this, life jackets should be the proper size.
  • It is unlawful to carry more passengers on board than the watercraft is meant to hold.
  • Speed near piers, swimmers, boat ramps, and docks.
  • Ride negligently, including following closely, weaving through vessels, or steering towards a person or object.

Filing a Formal Written Report Following a Virginia Boating Accident

Vessel operators must file a formal written report with the Department of Game and Inland Fisheries in the following cases:

  • A vessel or the equipment on-board sustains damage of over $2,000 due to the accident
  • The accident leads to an injury that necessitates medical assistance beyond first aid or causes a fatality
  • Any occupants of the vessel go missing

The failure to report a boating accident resulting in injuries, significant damage, fatality, or disappearance could result in a Class 4 Misdemeanor charge.

Time Frame for Reporting a Boating Accident

In Virginia, the time frame for reporting a boating accident is detailed below. But you should contact emergency services or the Coast Guard as soon as you can if a serious incident occurs on the water.

  • 48 hours if there is a fatality within 24 hours of the incident
  • 48 hours if a boater or passenger is injured and cannot undertake routine activities
  • 48 hours if someone disappears due to the boating accident
  • Ten days if a more prompt report is not needed but becomes necessary
  • Ten days if the damage to the vessel or equipment aboard the boat is over $2,000
  • Ten days for a total boat loss

Alcohol Consumption and Boating Accidents

In nearly one-third of all fatal boat accidents, alcohol is the primary contributory factor, as per the CDC’s information. It is also dangerous to operate a boat when under the influence of recreational or prescription drugs, irrespective of whether the drugs are legally prescribed. Alcohol and drugs impair an operator’s balance, judgment, reaction time, perception, and vision, whether operating an automobile or a boat.

The effect of alcohol or drugs is further compounded due to sun and heat exposure when boating. If you have been involved in a boating accident where the operator was drunk, a Virginia boat accident lawyer can help you understand whether you have a valid personal injury claim.

Boating Accidents related to Carbon Monoxide and Fumes

Carbon monoxide poisoning is a common reason for boating-related injuries and fatalities. This odorless gas comes out of boat engines and motor generators, and initially causes symptoms that may appear similar to those of seasickness.

Boats should be equipped with carbon monoxide detectors and have proper ventilation. The equipment on the boat should be well-maintained and in good working order. The below-deck sleeping quarters are particularly prone to carbon monoxide poisoning, but the gas can also be hazardous in the open air.

If you suspect that you have sustained damage from carbon monoxide while boating, your boat accident lawyer can assess whether the boat was appropriately maintained and safe.

Boating Accidents due to Other Passengers

Vessel operators are often at fault for boating accidents, but around 46 percent of boating injuries and deaths occur when a boat is tethered, docked, anchored, or drifting. Passengers may cause injuries to others by negligent actions, inattention to their surroundings, or even due to an altercation.

Not surprisingly, what may have been a small accident on land can rapidly turn life-threatening on a boat. An experienced boat accident lawyer in Virginia can investigate a boating accident for you if you believe that you were injured because of another passenger’s negligence.

Recreational Boat Accident-Related Damages

A boating accident can cause severe injuries, such as broken bones, fractures, spinal injuries, cuts, traumatic brain injury, drowning, near-drowning, and soft tissue injury, which can mean extensive medical bills and income loss, and significant pain and suffering for the victim.

While every case is unique, the damages for which a boating accident victim receives compensation will depend on the level of their injuries and the long-term effect of the accident on their life. A skilled boating accident lawyer could help you gather evidence to build a solid case and work hard to ensure that you get the rightful compensation that you deserve for your losses.

Contact a Skilled Boat Accident Attorney in Virginia

If you or a loved one got hurt in a Virginia boating accident, you may be entitled to significant compensation. After seeking medical attention, get in contact with an experienced personal injury lawyer to discuss your legal rights and options.

Rear End Collision

Should I Seek Medical Attention After a Rear-End Collision?

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If another car hits you from behind and you’ve done nothing wrong, you could have a strong personal injury case. But, what if you don’t feel injured right after the crash? Not so fast. It would be a mistake to assume that everything is fine when experience shows that an accident like this can result in serious consequences.

Rear End Collisions are Incredibly Common

According to statistics from the Insurance Institute of America, rear-end collisions are the most common type of collision on this country’s roads. In 2015 alone, there were 2.1 million rear-end collisions in the U.S., which accounted for 33.4 percent of all accidents. This type of collision also accounted for nearly one-third (32.4%) of all injury crashes.

Rear-End Collisions are Exciting

Car crashes aren’t “exciting” in the sense that they’re fun, but instead they are traumatic and emotional events for most people. In many cases, a person who is injured unexpectedly or involved in a traumatic crash won’t have any idea that they’ve been hurt thanks to the chemicals coursing through their bodies.

This isn’t to say that you were on drugs, but rather that your body’s natural endorphins and adrenaline were supercharged by the accident. This can prevent you from feeling any pain or soreness until those chemicals subside.

Soft Tissue Injuries After a Car Crash

One of the most common dangers after a rear-end collision is injuries to the body’s soft tissue, which includes muscles, ligaments, and tendons. Even a low-speed rear-end collision can generate enough force to result in whiplash, which is the most common type of soft tissue injury from a car crash.

Whiplash refers to injury to the muscles in the neck after the head is forcefully and suddenly thrown forward and then back again. Any soft tissue injury can result in reduced mobility, swelling, and pain. Unfortunately, these don’t always show up immediately, with some taking days or even weeks to become noticeable.

Concussions Following a Rear-End Collision

Even though your brain is protected by a layer of fluid and your skull, it can still be injured after a jarring accident. Similar to what happens with whiplash, when the head is jolted, the brain can strike the inside of the skull and become injured.

This is referred to as a concussion, and it might not be immediately evident. Some of the common symptoms of a concussion include:

  • Nausea
  • Dizziness
  • Headache
  • Blurry vision
  • Clouded thinking
  • Difficulty with memory
  • Trouble sleeping
  • Lack of energy

If you exhibit any of these signs after a rear-end collision, it’s possible that you’ve sustained a concussion and you should seek medical attention as quickly as possible.

Why You Should See a Doctor Immediately

Following a rear-end collision, you should see a doctor right away even if you don’t have significant discomfort and pain. A medical professional is in the best position to order the proper tests and determine whether you’ve sustained any serious injuries. They can also monitor your progress and let you know about other warning signs for a worsening condition.

When a rear-end collision happens, the person in front benefits from the presumption that the driver in the back was to blame. But even if you were the driver in front, you still have to prove that you suffered injuries resulting from the accident. If you do file a personal injury claim, having this medical documentation will be a vital part of your case. You’ll be able to show that you sought medical care within a reasonable period after the accident.

Avoid Compromising Your Auto Accident Case

If you’ve been involved in a rear-end collision, there is a long list of things you can do to protect your rights and ability to collect compensation from the responsible parties. This begins with seeking prompt medical care for your injuries.

While you are required to report any accidents to your own insurance company, it’s never a good idea to give anyone a recorded statement or sign a release until you discuss your case with an experienced personal injury attorney. Many insurance companies and their attorneys might try to get you to settle for much less than your case is worth.

If you’ve been in an accident contact a car accident attorney today!