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It is an all too common occurrence that sometimes goes on for months, even years before families are made aware of the situation: nursing home neglect and abuse. While we struggle to understand just why someone would want to injury the elderly, it happens. When we find out it has happened to our own family member, it's difficult, to say the least. Know that there is help, and if you find yourself with a victimized family member, you can make a claim under the personal injury law.

Types of Physical Abuse

In a nursing home, common types of physical abuse include kicking, slapping, punching and the use of excessive restraints. The withholding of medication or administration of medicine that's otherwise prohibited also constitutes physical abuse.

This type of abuse is usually the most detectable, and some signs that this is occurring include the following:

Unexplained injuries, such as scars, bruises, and broken bones
Reports of refusal to take medication or reports of medication overdoses
Caregivers reluctance to allow a family member alone time

If the above signs have been exhibited before, it's imperative that you contact an experienced personal injury lawyer who is experienced in nursing home abuse. You must speak up in places where your loved one cannot. Not only can your loved one possibly receive some type of compensation for their injuries, but the alleged perpetrator can also be arrested and charged with a variety of crimes.

Emotional Abuse at Nursing Homes

Emotional abuse is also common, but it's less conspicuous. This can be defined as anything that causes fear, anxiety or anguish to another's mental state. Emotional abuse is just as serious as physical abuse and can lead to other physical ailments.

Some common signs emotional abuse is occurring are:

Behavior by the caregiver that you deem questionable, such as the caregiver making threats.
The caregiver's refusal to allow you or other family members to be alone with the individual.

Don't think that emotional abuse does not count as a personal injury because it does. Document everything you remember about instances that occur so you have the information handy for your lawyer and the authorities.

If you suspect nursing home neglect and abuse, immediately contact the authorities and a personal injury attorney. Again, we cannot stress enough how imperative it is for you to reach out for legal assistance as soon as you possibly can.

Injuries are unfortunate situation. However, they happen all the time. Whether the cause of your injuries is a motor vehicle accident or a non-vehicular one, you deserve compensation for them. Keep in mind that in most cases, every person’s situation is different from all others and therefore calls for a different legal process in pursuit of compensation. Thus, personal injury lawyers are an indispensable resource when seeking legal advice and assistance.

The CostMost personal injury lawyers Toronto are likely to charge you a contingency fee. This means that you won’t part with a penny until you have been paid your compensation from which they will take a certain percentage. Some lawyers even go as far as meeting disbursement costs to enable smooth and speedy process of seeking compensation. In addition, they may work with your doctor to ensure that you only pay for medical attention once the case is settled or brought to judgment.

Period of the Legal Process

Any lawyer would like his or her clients claim to be settled as quickly as possible. Nevertheless, personal injuries cases may take time. Remember that your injuries should have healed completely or reached maximum improvement before an assessment is made with the aim of establishing the necessary compensation.

Claim settlements for minor injuries which heal quickly are likely to take just a few months. On the other hand, it will take a considerable amount of time to reach settlement for serious injuries that take longer to heal. However, personal injury lawyers advise against being in too much of a hurry to make a statement. Cases taking longer periods of time are likely to be more successful than hurried ones since there is enough time to put everything on the table, thus negotiating better compensation.

The Amount of Compensation to Expect

How much money you get as compensation will be determined by several factors. They include how severe your injuries are, the impact of the injuries on yourphysical, emotional and physical well-being as well as the cost of all the expenses—including medical care—brought about by the injuries.

In some jurisdictions, there is a maximum amount of payment for injuries on particular soft tissues. Other factors such as emotional suffering and loss of income serve to increase the amount of compensation. However, determining the amount of expected compensation is a complex issue that should be left to qualified personal injury lawyers who have amassed experience through involvement in similar cases.

Final Thoughts

A good number of personal injury claims are settled out of court. However, moving to court, more often than not, improves the chances of getting a better settlement. Personal injury lawyers advise that you should disclose only the information required by the authorities. In particular, do not communicate with the other party’s insurance company, not even through the phone or email since it may be used against you if you decide to take the matter to court. Instead, let your insurance company and your lawyer handle any correspondence.

Concussions are the most common brain injury that we see in our personal injury law office. They're known as acquired or traumatic brain injuries because they're most often caused by a blow to the head, whiplash or severe neck rotation that causes the brain to crash into the inside of the skull that surrounds it. About 160,000 Canadians suffer brain injuries annually, and about a million of people continue to be affected by them.
Common symptoms of concussions
Concussions can be serious and require medical treatment, especially if the victim is rendered unconscious. Symptoms can vary widely, and they might not even present themselves for days, weeks or months after the brain trauma. Common concussion symptoms might include:

  • Confusion
  • Dizziness
  • Double or blurred vision
  • Nausea
  • Ringing in the ears
  • Slurred speech

Concussion classifications
A concussion might be classified as either simple or complex. Simple concussions usually resolve within two weeks. They don't ordinarily present any long-term brain issues unless another concussion is suffered during the recovery period. People who suffer complex concussions are at a higher risk for complications, persistent symptoms and even brain bleeding that requires surgery.

Commonly injured areas of the brain
Any part of the brain that is violently thrown against the skull can be injured, and serious to permanent damage can result. The areas of the brain that are most frequently injured are:

  • The brain stem that controls attention and short-term memory
  • The frontal lobe in association with emotion and personality
  • The temporal lobes that are significantly connected with language

The possibility of continuing care
Most concussions are caused by motor vehicle, motorcycle, bicycle and pedestrian accidents. Falls are the second leading cause, and they're followed by medical errors. One of the most important considerations for a personal injury lawyer is to continue to keep insurance companies aware of the fact that some concussions can have permanent effects on their clients. In the most serious cases, the victim could need care for the rest of his or her life.

The personal injury law firm that you retain to represent you or a family member in any brain injury case is pivotal. You want an experienced, successful, aggressive but compassionate personal injury law firm behind your case. Don't discuss your case with an insurance adjuster before you talk with us. The insurer will only use information obtained from you against you sometime in the future. Contact us for a free consultation and case evaluation at your earliest convenience after any diagnosed or suspected brain injury. We're committed to obtaining maximum compensation for the medical care and financial support of brain injury victims. Visit Claim Accident if you would like to learn more.

When an individual decides to file a lawsuit against another person or entity, he or she must have standing to do so. This means that the individual filing the suit has been directly harmed by the actions of another party or indirectly harmed in a substantial manner. Who may have standing in a personal injury case, and how can personal injury lawyers help them seek justice?

The Victim Always Has Standing

Assuming a victim survives his or her injuries, he or she is entitled to file a lawsuit on his or her own behalf. However, the suit must be filed before any statute of limitations runs out, and it must general be filed with a court that has jurisdiction in the area where the accident happens.

What If the Victim Is Incapacitated or Dies?

When the victim is incapacitated or dies, another person may represent him or her in court. Generally, a spouse or an immediate family member such as a sibling or parent can file a lawsuit or generally stand in on that person's behalf. Assuming the victim is killed because of the negligence of another person or entity, the spouse, parent or sibling of the victim. A child or grandchild who is over the age of 18 or 21 may also take legal action on behalf of a dead parent or grandparent.

What If a Dead Victim Has No Direct Living Family Members?

In the event that a dead victim has no direct living family members, no one may have standing to sue on his or her behalf. However, the law in a particular jurisdiction may have specific rules that may still allow some sort of a lawsuit to be filed against whoever may have caused the wrongful death to occur. It may also be possible to obtain compensation through an insurance policy or some other mechanism.

What Can a Lawyer Do to Help?

A lawyer may be able to review the case and determine if an individual has standing. If so, he or she will gather evidence or talk to witnesses in the case to make it easier to obtain an award via trial or through settlement talks. If possible, the victim may want to provide a statement to an attorney or testify as part of a formal trial. You should always visit the lawyers website like claimaccident.ca to learn more about what they offer and how they can help you.

Those who have caused another person to suffer an personal injury or death because of their negligence should be held financially responsible for their actions. If a case is allowed to proceed, it may be possible to obtain compensation for a variety of damages including medical bills or related costs for physical therapy or modifications to a home or vehicle.