Posted on Wednesday, February 27th, 2019 at 3:33 am
Facing a personal injury and the seeking compensation can be very frustrating, especially if you try to settle the matter by yourself. Whether the damage was done intentionally or unintentionally, the plaintiff needs to hire a personal injury attorney to have expert guidance to get through the entire process.
A personal injury case is a conflict when a victim suffers the damages from harm caused by another person or group of persons who are legally responsible for the compensations. In such cases, legal settlements are done either by formal (through civil court proceedings) or informal (without court proceedings) channel.
Conditions when Attorney is needed:
Claim Being Complicated:
Whether you are preparing to file a lawsuit or already trying by yourself, you may find out at a certain stage that your claim is too complicated to deal on your own. In certain cases, you may find out that legal complications in your claim require expert legal advice which will help you in compensating more and fair amount.
In addition to this, owing to your injuries and appointments with the doctor, you may also find it difficult to deal with all aspects of your case. The legal expert takes this burden on his or her shoulders and seeks your best interest.
You May Find Yourself Stuck in a Situation:
In case of an informal settlement, it is very common to reach an impasse or deadlock at a certain point. The chances of reaching such a point become higher when an insurance company is involved. These companies often trick a common man taking advantage of his or her lack of legal knowledge. An attorney knows such tricks and employs strategies to deal with insurance companies who try to compensate as less as they can or even refuse altogether in certain cases.
The case against a Government Immunity:
When you are filing a lawsuit against a government entity, such as county, town, school or city, such entities enjoy ‘sovereign immunity’; and the ‘tort claims act’ establish that how and when a citizen can sue a government entity due to their at-fault employees. Moreover, it is important to keep in mind that cases where government entities are involved, the plaintiff has to go through several lengthy procedures which may make the case further complicated. These entities can refuse to compensate claiming immunity, however, a personal injury attorney is the right option to look for in these scenarios.
Statue of Limitations:
An important thing to remember is that you must file a lawsuit within the statute of limitations which means you have a limited time period to claim the compensation. Many people don’t know about this limitation owing to their specific cases well as according to the state laws. So, it is of utmost importance to remain updated regarding your state laws. One of The biggest benefits of hiring an attorney is that he or she will ensure that you claim your compensation as quickly as possible.
Speaking with a Personal Injury Attorney:
While dealing with a personal injury, occurred because of the negligence of a person, government entity or a business, having an expert legal representation who can file a lawsuit quickly and ensure you the compensation is your legal right. A competent lawyer understands legal processes and knows the tactics the defendant should employ to deny the liability in the case and get compensation.
Posted on Monday, February 25th, 2019 at 12:44 am
Most people know that if they have been injured in a vehicle accident and were not to blame, they may be able to claim compensation from the person who was recognized as being at fault. But what happens if the person who was injured was more likely to be a victim anyway? Perhaps he or she was older and more frail, or had a disability or weakness that made him or her more likely to be hurt? Should that be taken into consideration when making a decision about compensation? In civil law, here in Texas at any rate, and in many other states and indeed countries around the world, this is not a valid defense against a claim against them.
The forseeability factor
The so called ‘thin skull’ or ‘eggshell defense’ is part of what is called the ‘forseeability factor.’ Here are two scenarios that illustrate the forseeability factor in respect to vehicle accidents a little more clearly.
Scenario One: When an accident was unforeseeable
A truck driver is driving along a section of highway when a deer rushes out on to the road in front of him. In an effort to avoid the deer, he swerves into the path of an oncoming vehicle. There is a crash and the driver of the smaller vehicle is badly injured. Was the accident the fault of the truck driver? Unlikely, because the truck driver could not have foreseen that the deer would have bounded into the highway at that precise point and made him swerve. Any attempt to claim compensation from the truck driver would probably not succeed.
Scenario Two: When an accident was foreseeable
Take another example. A family from McAllen has been on vacation in Florida. They decide to drive all the way back in one long spell behind the wheel. At one point, the driver nods off and the car careers across the highway and crashes into another vehicle, injuring the occupants of both vehicles. In this case, the accident was foreseeable. If the family had broken up their journey and gotten more sleep, the accident probably wouldn’t have happened. If the occupants of the other vehicle filed a claim against the family, they would probably win the claim as their decision to keep driving, even though they were tired, would have been regarded as negligence.
The pattern seems to be clear. If an accident was foreseeable, then if an accident takes place then it could be construed as negligence. This favors the plaintiff in a personal injury claim. If the accident was not foreseeable, then there is less evidence of negligence which favors the defendant.
A plaintiff’s vulnerability cannot be taken into consideration even if it was unforeseeable
This leads on to the eggshell or thin skull argument. If a driver hits another vehicle and an injury occurs because the person who was hit was more likely to be hurt because of a pre existing condition, or simply their age, then surely this couldn’t be ‘foreseeable,’ unless of course the driver who crashed into the other vehicle knew the person well! This should favor the defendant if there is a claim made.
Contrary to the pattern of thinking established above, however, the lack of forseeability is not regarded as a defense when it comes to a consideration of the condition of the plaintiff. Texas, and other legal systems, favors the plaintiff in an ‘eggshell skull’ case. The reasoning behind this apparent contradiction is that attorneys acting on behalf of a defendant would use any way they could to get their client off the hook if the eggshell factor was allowed to be taken into account. The plaintiff was on social security? How could their client know he or she was so old or disabled? The plaintiff had a weak heart? How could their client know that in advance?
The denial of an eggshell skull defense helps the weaker and more vulnerable in the community when they are hurt because of someone else’s actions. We will all be weaker and more vulnerable than others at some stage in our lives, so the law helps all of us at some point.
Whatever the circumstances of your accident, whether it was caused by a negligent driver or a careless store manager, you can rely on the Patino Law Firm in McAllen to help you obtain justice when it comes to a personal injury claim. You can call the Patino Law Firm to arrange an appointment at 956-631-3535.
Posted on Tuesday, January 29th, 2019 at 12:22 pm
Working in an oilfield is fairly different than a 9 to 5 job as well as not easy to do given the laborious and tough conditions. Oilfield injuries do not only prove to be hazardous for the environment but also compromise one or many lives. A small mistake or a minor manhandling anything can cause serious or even life-threatening damages to the victim.
Let’s read on to find out the causes of those dangerous incidents:
Injuries due to Falling of Equipment:
As in oilfields, there are heavy machinery and equipment with complicated structures, they need regular maintenance and inspection for safety purposes. This inspection includes even a tiny screw that if starts rusting, the whole machinery and place comes under danger.
If such heavy machinery is not maintained regularly, it can fall on a worker. This does not only damages one person but can also injure people standing nearby.
Fall or Slip of a Person:
One bad slip can break a leg, hip bone or even dislocate a joint. Such serious oilfield injuries can result in serious consequences such as an oilfield worker losing his job or having a lifetime disability. If a victim chooses to file a case, an oilfield lawyer helps the sufferers to get compensated for these injuries and get back on track.
Not Checking Equipment Levels Regularly:
In order to prevent accidents and falling equipment, it is mandatory to double check and ensure everything is in place and working properly. The pressure in valves and pumps on oil equipment must stay within a certain level. In case the pressure is too high, the chances of an explosion are higher which can cause injury to a larger scale and can even burn down the whole site. Similarly, if the pressure is too low, it may indicate that there is some leakage which poses threats to the lives of the workers.
So, it is very important to regularly check these things daily to prevent such incidents.
Not Following Industry Safety Rules and Regulations:
Every oilfield has its safety rules and regulations in place that the employees must follow in order to prevent the injuries and damages. It is unfortunate to see that certain people in top management are more after profit than safety measures of their workers and ignore the safety regulations. This ignorance from the guidelines ultimately causes a burn, deep cut or broken limb and in few cases death.
Injuries due to Malfunction of Equipment:
Different machines vary in functioning; the pressure level fluctuates sometimes or display incorrect value regarding the current pressure. At this point, it is the responsibility of the company to look for such defects and malfunctions and ensure that these equipment are repaired.
Not Shutting Down Procedures:
Equipment readings and safety rules explain clearly that the right thing to avoid accidents is to shut down the operation of a machine. Ignoring this measure and deciding to continue the procedure can result in injuries. Observing this rule ensures that the workers are working in a safe environment and chances of an injury are near to impossible.
Lack of Proper Training Procedures:
Poor training regarding procedures is one of the biggest cause of oilfield injuries. Many accidents occur because the workers didn’t know how to take precautionary measures or what to do first in an emergency situation. The safe operation of an oil field is important and companies need to take it seriously which means that employees must be trained properly to handle a situation even if asked to manage other operations of the field.
Posted on Monday, January 21st, 2019 at 11:15 pm
Texas has by far and away the highest number of fatalities caused by truck driver accidents in the country. In 2012, the number was 491 for Texas. The second highest fatality rate was in California, but less than half the Texas figure, standing at 227. This is not a record to be proud of and is only the tip of the Texan iceberg as it doesn’t reveal the much higher number of injuries caused by truck accidents, many of which would have been serious.
The National Highway Traffic Safety Administration (NHTSA) has some revealing statistics about commercial truck accidents. The statistics are national ones, but it is assumed that they apply to Texas as much as anywhere else in the country.
342,000 trucks were involved in an accident of one type or another in 2013. Over twice as many trucks were involved in fatal crashes (9% of the total) as other types of vehicles based on the fact that only 4% of registered vehicles were trucks in that year.
Most truck accidents occurred:
- in rural areas;
- when the truck and the other vehicle involved were traveling straight;
- in the daytime;
- on a weekday.
The statistics held by the NHTSA show that the majority of serious injuries and fatalities (over 70% in both categories) involved the occupants of the other, usually smaller, vehicle.
Can the implementation of electronic logging devices help reduce the incidence of truck accidents?
There are many reasons why truck accidents occur. The reasons are as many and varied as any other type of vehicle accident. It is the severity of the accident and the likelihood of serious and fatal injuries that make truck crashes so potentially terrifying. One important reason why truck accidents occur is because truck drivers get tired and yet continue to drive. There are strict rules about the length of time a truck driver can stay behind the wheel before getting some rest, but there is not always enough evidence to sanction drivers who ignore them. The incentive to drive for longer than allowed can be strong, especially when the driver is paid a bonus for timely deliveries or paid by load.
In the past, drivers were expected to keep logs of the time they were driving and when they rested. Theoretically, if these logs were meticulously kept they should provide evidence that the driver was keeping to the rules. In practice, they were, in many cases, not kept so meticulously. In some cases, they were forged or changed deliberately to pretend that the rules were being kept when they weren’t.
Electronic logging devices (ELD) have been introduced to try and address the problem of driver fatigue and also provide a more detailed record of exactly was going on immediately before an accident. ELDs are an improvement on an earlier electronic logging system which is still in use by many trucking companies and drivers called ABORD (Automatic on Board Recording Device). Federal law will make it mandatory for all commercial truck drivers to have an ELD system in place by the end of 2019. Up to then, an ABORD system can be used as long as it is working properly.
ELDs may make it easier to find evidence that a driver was too tired to drive safely
The advantage of the ELD system is that it doesn’t involve the driver manually imputing information, which is a plus for the driver as well as everyone else. The ELD automatically records what the driver is doing and shares the information with the truck company and regulatory authorities, such as the Federal Motor Carrier Safety Administration (FMCSA). In the event of a crash, information stored and shared by the driver’s ELD is available to crash investigators, insurance carriers, police and truck accident attorneys representing crash victims.
For example, if you are hit by a truck and are injured, you may decide to file a personal injury claim against the driver, the truck company or both. In the past, it was common for truck companies to act fast and remove evidence showing that their driver was at fault. Driver fatigue and speeding are common reasons for truck accidents and an ELD can provide valuable evidence that helps a crash victim to support a valid claim.
If you have been hit by a Texas truck driver and were injured, you have the right to claim compensation for the cost of medical treatment, lost earnings and other damages including the property damage done to your own vehicle. Call the Patino Law Firm in McAllen at 956-631-3535 to arrange an appointment.
Posted on Tuesday, December 18th, 2018 at 11:42 pm
There has been quite a lot of publicity recently concerning outbreaks of bacterial infection caused by contaminated Romaine lettuce as well as contaminated turkey. Victims who have become ill because they ate contaminated food without knowing that it was potentially dangerous have the right to sue the growers or distributors of either of these food products. The same right to take legal action against a contaminated and potentially deadly food product supplier is basically the same as any defective product liability claim. The food should have been safe to sell and if it wasn’t then the supplier or grower, or both, are legally liable for any injury or illness caused. This is just the same as the liability of a car manufacturer that has released a new car brand that has a steering defect.
The lettuce and turkey outbreaks have been quite localized. It is only certain Romaine lettuce suppliers and Jennie-O turkey suppliers that are potentially liable for the illnesses caused to more than 80 people. The contaminated food has led to an infectious outbreak of salmonella and E. coli.
Those who have bought contaminated food products, and have suffered illness after consuming them have experienced a number of characteristic symptoms such as:
- abdominal cramps;
- bloody or watery diarrhea;
If you have eaten something recently, whether it was Romaine lettuce or something else and you have developed any combination of the above symptoms after a few hours, then you should see a doctor, to establish the cause and get treatment. Make sure you retain some of the food that you have eaten which could have had contaminated ingredients and/or any wrapping or labels that came with the food.
The CDC has narrowed the sources of the contaminated lettuce to a number of growers, suppliers and sellers in northern California. According to the CDC there is not one single source of the contaminated lettuce, but several. Several California counties are implicated so far in the contaminated lettuce outbreak.
Over 50 people have become sick in the U.S. and 25 more in Canada. Two have been hospitalized with hemolytic uremic syndrome, which is a form of kidney disease. So far, no-one has been affected here in Texas, but that could just be a matter of time. The illness has affected people from 15 U.S. states so far.
Proving liability in a contaminated food case
It can be hard identifying exactly where contaminated food came from and who was involved in its supply. In some cases, the source may be identified quite quickly as there may only be a single supplier. In the case of the Romaine lettuce contamination, as the CDC have discovered, there are multiple sources involved, which does make it more difficult to prove liability. The FDA advises anyone wishing to buy fresh food like lettuce to check the date of harvest and location of the grower as well as other information first. The FDA suggests that consumers should avoid buying any vegetables like lettuce in a supermarket to think twice if that information is absent.
Help from an experienced product defect attorney can make it easier to identify those whose negligence has resulted in untimely illness and provide assistance to anyone contemplating legal action. Contact the Patino Law Office in McAllen, if you or a member of your family has been suffering from contaminated food or defective products of any kind. You can contact one of our attorneys at 956-631-3535.
Posted on Tuesday, November 13th, 2018 at 7:08 pm
The majority of Texas personal injury claims are settled without having to take them to trial. It might take some serious negotiating, but generally both plaintiffs and defendants shy away from the additional expense and effort of taking a claim further if a resolution can be achieved to the satisfaction of both the defendant’s insurance adjuster and the plaintiff. However, a minority of claims do eventually lead to a lawsuit as there may be no other way to recover the damages involved after a serious or catastrophic injury. Defendants, and in particular their insurance carriers, may simply dig in their heels, hoping that they can shake off the plaintiff without any further negotiating.
Filing a lawsuit and taking a case to trial may be the last resort, but with a skilled and determined personal injury attorney, it may help to provide the injured victim of an accident for which he or she was not to blame with the financial resources to cope with a major injury.
Step one: filing a petition
A Texas personal injury lawsuit starts by the plaintiff filing a petition with the appropriate civil court. The petition sets out the grounds for claiming compensation. It outlines the accident and who the plaintiff believes was responsible, how negligence caused the plaintiff’s injury(ies) and how this has affected the plaintiff from a financial and psychological point of view.
The defendant then responds to the petition, usually through his or her insurance carrier’s own attorneys. It is unlikely that a claim for compensation would start with a lawsuit as negotiations would have been attempted already.
Step two: discovery
Discovery as part of the litigation process takes place so that both the plaintiff’s and defendant’s counsels can discover what evidence the other side has that can affect the outcome of the trial. Discovery may take the form of interrogatories, depositions, making available documents and records, and any other evidence such as photos, crash investigation reports and so on.
It is important that a plaintiff has chosen an attorney with the experience and familiarity with the discovery process in a personal injury lawsuit as discovery will become a crucial part of the litigation procedure before the trial itself.
Step three: the trial
The trial will determine whether the defendant is liable for the damages claimed. The date for the trial will be determined by the trial judge depending on the trial schedule the judge has. This can be frustrating as the trial date may be moved back if complications arise with trials booked in beforehand or the judge decides to set a date for a new trial before
Choosing an attorney who is prepared to go the whole way with a personal injury lawsuit
For any queries about help with personal injury claims after a serious injury caused by another person’s negligent actions, contact an attorney who is prepared to go all the way if that is what it takes at the Patino Law Office in McAllen, Texas, at 956-631-3535 today.
Posted on Tuesday, October 23rd, 2018 at 9:26 am
The biggest worry if you have a car crash is not how much it is going to cost you, but whether anyone is injured and what you should do about it at the scene of the crash. Later on, when injuries have been attended to, it may be time to reflect on what happened and who was to blame for the accident and whether you can claim compensation, assuming you were not at fault yourself.
In some car accidents no-one is injured
But not every crash ends in injury. Sometimes it’s the vehicle or vehicles that are worse for wear after an accident and the occupants are unscathed. Perhaps a little shocked and dazed, but nothing that needs treatment. If you do think you, or any occupants of your vehicle, may have been injured, it is best to get yourselves checked out by a doctor as soon as possible. Some car accident injuries may not show up until later yet could affect your health or require treatment or recovery time away from work. Unless you get any potential injuries documented, you will not be able to claim for them later.
Assuming then, that no-one has been injured, you should still contact the police and report the accident. Unless there has been an injury reported or there has been a major traffic hold up, it is quite possible that the police do not show up at the crash site. Your reporting to them is still important as far as an insurance claim is concerned.
Before you call the tow truck to remove your vehicle or drive it away yourself if that is still possible, make a note of the other vehicle’s registration, name of the driver, insurance details and contact details.
If you have a cell phone with a camera app on it, take as many photos of the damage done as you can the position of the vehicles involved and any other evidence, such as damage to the road, barrier, trees etc. Make a written note of your recollections and the response of the other driver. If you recall seeing the other driver use a cell phone, or he / she was driving erratically, make sure you note that down as well.
After your vehicle has been removed or you move on, the next step will be to call your own insurance provider giving them all the details you have.
The claim process if you or any other occupants were not injured is relatively straightforward, generally much more straightforward than if a personal injury is involved.
Calling a car accident attorney
Generally, if there is property damage alone it isn’t really necessary to use an attorney to help with a claim. Personal injury attorneys are involved when there is an injury or if there is property damage together with an injury. In Texas, it is absolutely necessary to get help from a personal injury attorney if someone has been injured and you believe that the other driver was to blame for the accident. Your claim will be for property damage, medical expenses, lost earnings and compensation for the pain and suffering involved. It is much more likely with such a claim that the other driver’s insurer will dispute some or all of the claim, making it important that your documentation is as good as you can get it. Personal injury claims routinely fail because the documentation is insufficient to prove that the accident was someone else’s fault or that your injuries actually happened in the crash you were involved in.
For any queries about car accidents and help with personal injury claims, contact the Patino Law Office in McAllen at 956-631-3535 today.
Posted on Thursday, September 27th, 2018 at 12:32 pm
If you are considering owning a motorcycle or already have one, you should keep in mind that motorcycle accidents are prevalent in McAllen and other parts of the world, too. Motorcycle accidents happen when we least expect them although we can utilize defensive driving strategies, these accidents can be catastrophic. Individuals who are involved in motorcycle accidents have a high risk of suffering injuries and fatalities compared to motorists who are in a car, truck or SUV. According to statistics obtained from NHTSA, as many as 80% of all reported motorcycle crashes end in either injury or rider’s death. The accidents can cause brain injuries, neck injuries, and spinal cord injuries.
Brain injuries can cause severe trauma while neck injuries could result in damage to the spinal cord and broken vertebrae. Besides injury to the spine, spinal cord injuries can lead to partial or complete paralysis in worst cases. In case of internal injuries, appropriate medical attention is required because some injuries may be difficult to detect and diagnose without proper checks. Therefore, if you’re considering driving or riding with someone who owns a motorcycle, you need to be well aware of these risks and prepared in case there is an accident.
In this article, we’ll discuss several things you need to do if you’re involved in a motorcycle accident. They are as follows:
1. Check yourself and others injured in the accident
Immediately after you are involved in an accident, the first thing you need to do is check for injury cases. Once you have made this certain, call 911 as part of your responsibility.
2. Take pictures
Take the earliest to capture images of the accident scene. Use a camera or cell phone to take photos from different angles. While doing so, ensure the accident scene is safe to avoid causing further injury or damage.
3. Move your bike
Every precaution possible should be taken to make the scene of the accident safe to other road users, including oncoming traffic. You can do your part by moving your motorcycle off the road.
4. Gather information
Get in touch with the police by calling 911 for emergency assistance. An officer will come to the scene and will write a legally binding police report. Always make sure that you gather all the necessary details regarding the accident. This information should include:
• The contact information of all the witnesses and driver’s at the accident scene
• Name and contact information of the insurance companies of the vehicles involved in the incident
• Vehicle information, including make, model, VIN and license plates
• Name and badge of the officer at the scene
5. Call your insurance agent
You must call your insurance agent immediately after the accident. When discussing the crash and injuries, tell the agent that you will provide comprehensive details about the accident after visiting a doctor in McAllen and a professional auto-mechanic.
Contact Patino Law Office for Immediate Assistance
Riding on an open road has its thrills and risks. Safety should always be your priority whenever you are riding a motorcycle. To avoid motorcycle accidents, you need to exercise caution and good judgment. The safety measures include keeping your speed in check, using your signaling appropriately and riding in your lane. In the event you are involved in a motorcycle accident, a trusted car accident attorney at Patino Law Office can help. The attorneys have handled many personal injury cases and understand the repercussions of being involved in an accident.
The lawyers also know the dynamics of motorcycle crashes and can spot the causes after careful analysis of the medical and police reports along with the damages. Once the Patino Law Office attorney determines who is at fault, they can help you develop a defense or fight for your right to compensation and damages. They can advise you on how to pursue legal action and help you deal with the alternative party and insurance company. Patino Law Office firm serves several cities in Texas, including McAllen, Pharr, Mission, and Edinburg. To get in touch with the Patino Law Office in McAllen, call (956) 631 3535 today to speak directly to an experienced personal injury attorney.
Posted on Monday, September 17th, 2018 at 9:37 pm
Most drivers rarely consider that the humble parking lot is a danger to them or the car, but statistics prove them wrong. It’s perhaps not surprising that 20% of all car accidents happen in parking lots. Let’s face it, cars and other vehicles spend much of their time in these places and negotiating your way in and out of them can be often quite stressful. What seems to happen is that many people are so concerned that they can’t find anywhere to park, that they concentrate on looking for empty spaces far more than looking out for the other vehicles around them as well as pedestrians who just happen to be going to or from their vehicles.
Pedestrians are often the most at risk in a parking lot
As far as pedestrian accidents are concerned it has been estimated that over 50% of what are called ‘back-over’ accidents happen in parking lots. Back-over accidents are typical parking lot type accidents where a driver fails to see a pedestrian passing to the rear of them when they reverse out of a space in the lot. The driver is often far more concerned with avoiding scratching the vehicles to each side, or his / her own vehicle, than considering the possibility that someone might actually be behind them.
The only saving grace of a parking lot accident is that it is likely to happen at a relatively slow speed. This might not help a pedestrian, but it does mean that cars themselves tend to be more damaged while injuries to those in the vehicles involved in the crash are less severe.
Here are some tips for those who regularly use parking lots and wish to avoid an accident.
- Use a parking space further away from the store or office you intend to visit. It might mean more of a walk, but you are also further away from where the most popular parking spaces are so less likely to get hit.
- Look for a ‘pull-through’ spot. This is where you can nose through a parking lot space into the next space with your trunk pointing outwards. It means you don’t have to reverse out of the space when you decide to leave.
- If you are a pedestrian, and presumably nearly everyone who uses a parking lot is going to get out of their car for a period, keep a really good look out for reversing drivers and traffic through the lot in general. Assume that many drivers are not looking out for you as much as you are looking out for them.
- If you are a driver, exiting from a parking lot, make sure you check behind as much as you check the vehicles on each side. There is no point in making a speedy exit if you end up seriously hurting someone and find that you are the subject of a personal injury claim.
- Don’t try and reverse into an empty parking space when the lot is crowded. If you see a space that you can fit into, drive into it head-first. Trying to reverse in to an empty space holds up other traffic and accidents happen more frequently when they get frustrated, or you get frustrated and try to edge by.
If injured in a parking lot accident, contact a personal injury attorney
If you have been injured in a parking lot accident, either as a pedestrian or the occupant of a vehicle, you may be entitled to compensation if you were not to blame for the accident. Parking lots often have plenty of potential witnesses around, so you shouldn’t let the opportunity pass if you are injured or your vehicle is hit and damaged.
You will need evidence that the other driver was behaving negligently. For example, the driver may have hit you because he or she was driving too fast, wasn’t looking out, failed to look behind when reversing out of a parking space or was distracted by something.
Personal injury claims can help pay for repairs to your vehicle and medical bills that may have been incurred because you were injured. They can also help to compensate for any lost wages you may have suffered because you could not return to work straight away because of your injuries.
If you are seeking compensation after a parking lot accident in McAllen or San Antonio, contact the Patino Law Office, serving McAllen, Mission, Edinburg & Pharr, Texas, at 956-631-3535.
Posted on Monday, August 20th, 2018 at 9:55 pm
As people become older, they become more susceptible to significant physical disabilities, as well as mental illnesses such as dementia and Alzheimer’s Disease. Any of these conditions could necessitate a stay in a nursing home.
Unfortunately, however, there may be occasions where employees of these health facilities neglect to provide adequate services for the aged individuals under their care. The Patino Law Firm is committed to fighting against nursing home negligence. Our professional team of McAllen are knowledgeable about nursing home negligence and are excited to represent your family member. If you suspect nursing home abuse, but you’re not sure if your family member’s case qualifies, keep reading. In this article, we’ll discuss some revealing statistics about nursing home negligence, what constitutes negligence, types of negligence, and how to protect your loved ones. Let’s get started.
In the United States, there are more than two million cases of elder abuse each year. This abuse is significant, and it has been estimated that one out of every ten senior-aged individuals has experienced some form of elder abuse in their lifetime. Considering that the population of Americans 75-years-of-age and older is expected to increase by almost 20 percent over the next four decades, this situation is only believed to become an even greater societal concern. Among the more common forms of elder abuse is nursing care facility negligence. And researchers estimate that the situation is even worst in Texas. They estimate that roughly one-quarter of the State’s 1,200 nursing and rehabilitation facilities have been reprimanded for providing poor or substandard care to the patients these facilities service.
So, if you’re loved one is in a nursing home then, it’s time you become aware of what constitutes nursing home negligence.
Defining Nursing Home Negligence
Nursing home negligence can typically be defined as neglect that occurs in a nursing home setting. This neglect often results from a breach of care whereas abuse involves specific harm. To explain further,
Abuse: Abuse can be physical such as through the use of force (punching, kicking, pushing, slapping) to subdue or induce the coercion of a nursing facility patient or using excessive restraint (ropes or chains) to keep a patient immobile. That said, abuse might also be administered through verbal communications like yelling, insulting a senior citizen or making threats against their well-being.
Neglect: Neglect occurs when inpatient care facilities either via deliberate acts of malfeasance or irresponsibility fail to administer the care a specific patient needs. Neglect can occur in a variety of different ways such as through the withholding of food, water, and necessary medications, neglecting to clean the living spaces or bodies of patients who are unable to bathe themselves or by failing to address any existing or newly occurring medical problems the patient may have.
How To Detect Potential Nursing Home Negligence
There are numerous signs that you can look for when evaluating your loved ones that are in a nursing home. First, you should evaluate them for manifestations of physical injury like bruises, welts or broken bones, poor hygiene, or dirty living space. You can also evaluate them for a deterioration in the patient’s physical or mental condition and the occurrence of new or unexplained health problems. Significant changes in the patient’s behavior (such as fear of speaking or ultra-sensitivity to touch or physical stimuli) or the nursing home staff displaying a reluctance to allow the patient to speak to family or friends alone is a definite red flag.
Proving Nursing Home Negligence
The most important first step is gathering pertinent evidence that could establish a pattern of neglect on the part of the nursing care facility. A patient or their loved ones should maintain a written log of the patient’s illnesses or injuries, take photographs of the patient’s body and living quarters and record oral testimony from the patient or others residing at the facility.
If enough evidence is gathered, the Patino Law Firm might be able to bring forth a lawsuit against the facility in question and attempt to prove that said institution bears responsibility for your loved one’s condition.
In conclusion, if you suspect nursing home negligence, don’t just sit back and let your loved one suffer. Be aware of the signs of nursing home abuse and seek a competent McAllen attorney to represent your negligence case.