Author: Andrew Miller

Andrew Miller is an experienced Social Media expert and Author. He has worked in marketing for over a decade and finds his passion in bringing concepts to life for the world to enjoy. He is also an avid legal blogger and currently working on a book with his wife about social entrepreneurship. He is a true Socialpreneur and finds that his goal in life is to be an agent for positive social change through both his writing and business endeavors.

Categories
Children Finance

Social Security Disability Benefits in the New Year

Social Security Disability Benefits Elizabeth struggles from Post-Traumatic Stress Disorder (PTSD) and a mid- stage of a rare, but deadly form of lung cancer, mesothelioma.  Twenty years ago, Elizabeth was working as a volunteer firefighter when she was called to the scene of a fire at a historical building.  By the time Elizabeth arrived, the building was completely engulfed in flames and her husband, who was also a firefighter, was stuck in the building and was not rescued until it was too late.  Elizabeth was traumatized from the event, but had to keep on moving forward for her family.  Last year, she started to feel very ill and had her most severe panic attack to date when her son went away to college.  After visiting a doctor, Elizabeth was told she had been and was suffering from undiagnosed PTSD, attributed to witnessing her husband’s death.  Her early diagnosis of mesothelioma was a surprise for a younger woman of 50, but the doctors had speculated that she had breathed in asbestos particles from her husband’s clothing and body (after he fought fires) and from all of her own exposure while firefighting.  Her overall diagnosis is not good, but Elizabeth has a life expectancy of at least 2 to 3 years, maybe more if she’s able to manage her health in other ways.

Elizabeth never remarried and has worked hard, as a book keeper, to provide for her 3 children.  At one point, she had attempted to return to school and get her Master’s degree in Financing, but was too overwhelmed by the physical, emotional, and financial stress.  With one teenage child still living at home, Elizabeth cannot afford not to work, but is physically and mentally unable to.  Six months ago, she filed for social security disability benefits (SSD) and was initially denied because her condition was not severe enough, after being given a more thorough and accurate diagnosis, she was approved to receive benefits, as she is expected to be “disabled” for at least one year or until death.

One Mother’s Struggle, Millions Needing Assistance

Elizabeth is just one of millions of people who are struggling with physical and mental health issues on a daily basis, so debilitating that they are unable to keep or find a job.  Unfortunately, not every one of those people “qualifies” for assistance.  Filing for SSD is a lengthy, frustrating, and complicated process with strict guidelines that are based upon how much work you have performed throughout your life (and paid into Social Security) and if your disability falls within the List of Impairments.  Monthly SSD benefits can range from $300 to $2,200 with the average 2013 payment being about $1,132.  For many recipients, the benefits they receive are barely enough to get by and for others, not even enough to meet a “living wage”.

The 2013 National Poverty Guidelines for a Household of 1 is $11,490.  If a single parent with a child or a couple received the “average” monthly SSD payment they would fall below the poverty line for a 2 person household ($15,510).  Depending on where you live, how you live, and what you need, will determine if you are receiving a livable wage.

Promising News for the New Year

Starting in the 2014, some recipients will see a 1.5% increase in SSD benefits.  For some struggling recipients, this will be the boost they need offering a little financial cushioning while others will continue to struggle with their disability and trying to make ends meet.  Individuals, who have once worked hard to try to make a living wage, but have all of a sudden been thrown a “curveball” (like a disability), deserve and are entitled to financial assistance.  If you are disabled and are no longer able to work, will you file for benefits you deserve or suffer your financial, physical, and mental struggle in silence?

Categories
Executry & Probate Finance

Boomers: Have You Planned for Retirement?

Boomers Have You Planned For RetirementCompared to retirees of just a generation ago, older Americans are staying in the workforce longer, and they’re returning to the workforce post-retirement in higher numbers, too. The shift began slowly in the late 1990’s when the labor force started to see an influx of post-retirees looking for work, but accelerated, in part, due to the recession of 2007. The ever increasing cost of living, combined with the negative impact the recession had on investments and home values, meant that SSI/SSD simply wasn’t enough to cover the bills. That left many retirees with no choice but to go back to work.

Though many retirees who were financially pressured to return to work were already receiving monthly social security insurance benefits, some may not have been aware that there were ways they could have increased the amount they received prior to retirement. Had they known, some may not have had to return to work, could have returned to work for a shorter period of time, or could have returned to work but worked fewer hours. If you are planning for retirement, here are a few tips you can use to ensure you receive the maximum SSI benefits available to you so you can avoid returning to work, if possible.

  • Make it Count: Start by confirming that your earnings are being properly reported so you’ll know the taxes that you’re paying into the system are being credited to you. A paystub will give you information, but only by downloading your earnings statement from the Social Security website can you verify that the information on the paystub was correctly reported. 
  • Claim Delay: This isn’t an attractive option, and for some it may be impossible. But, if you are able to delay claiming social security benefits until the age of 70, your SSI benefits will increase by 8 percent for each year you delay the claim after you reach full retirement age. 
  • 35 Years: Since SSI benefits are calculated using the beneficiaries highest 35 years of wages earned, you’ll want to make sure that you work for at least 35 years. Otherwise, zeroes will be averaged in, and that will lower your benefit amount. 
  • Claim Twice: Married couples who have reached retirement age can claim spousal benefits and then switch to payments using their individual work record (once they reach 70). That way, the benefits will increase because of the delay in claiming benefits until after the age of 70. 

Post-retirement Benefits

For anyone who is currently planning their retirement, but is unsure how their SSI benefits might be impacted if they do decide to continue working, the rules are pretty straightforward. As long as you work until full retirement age, you can still receive the full benefit amount to which you are entitled, no matter how much money you earn post-retirement. However, if you claim SSI benefits prior to reaching full retirement age, your benefits could be reduced, depending on your earned income.

The Social Security Administration also reviews the earnings of SSI recipients annually. So, if a beneficiary worked during the previous year and those earnings reflect one of his highest years, the SSI benefits will be recalculated to reflect an increase.

Just as with SSI recipients, if you receive SSD benefits, you can also work, but there are income and time limits. Whether you live in Reno, Rochester, or Raleigh, SSD terms are the same and, like SSI rules, they apply to everyone.

 

With so many older Americans working past retirement age, and returning to work once they have retired, it’s important to know where you stand with Social Security benefits. Educating yourself about the ways to maximize your monthly SSI payment may not completely eliminate your need to work, but you may be able to work less and for a shorter period of time, so you can finally enjoy your retirement once and for all.

 

 

Categories
Children

Lawsuits for Injuries to Children: What You Should Know

child injuryOne of the most frightening moments for any parent is to learn that his or her child has been injured in an accident.  The overwhelming hope is that the injury is minor and that the child is not in pain.  Unfortunately, there are occasions where the injury to the child is serious, requiring medical attention, surgery, and in some cases, long-term care.  The medical expenses can become significant, causing financial stress on the entire family.  However, in cases where the child’s injury was the result of another person’s negligence such as in a car accident or where there was a medical mistake, the child may be able to recover damages in a personal injury lawsuit.  However, when a child is the victim, there are special rules that must be considered.

Statute of Limitations

While the statute of limitations varies from state to state, in general a personal injury lawsuit must be filed within 1-3 years of the date of the injury or the date that the victim should have known about the injury.  For example, in Georgia a negligence lawsuit must be brought within 2 years from the date of the injury or death.  Georgia actions for medical malpractice also have a statute of limitations of 2 years.  The rule, however, is usually different when a child is the victim.  Children are considered incapacitated.  Thus, the limitations period is tolled, or put on hold.  In some cases it is tolled until the victim is no longer under an incapacity.  This usually means that the statute does not begin to run until the child turns 18.

The Plaintiff in the Lawsuit

Even though the statute of limitations for a child victim is tolled until the child reaches majority, the child does not have to wait  to file a personal injury lawsuit.  However, until the child reaches majority, he or she would not be permitted to file the lawsuit in his or her own name.  Instead, someone else, such as a parent, would have to file the lawsuit on the child’s behalf.  The person filing the lawsuit is referred to as the child’s “next friend.”  Any damages won in such a lawsuit would belong to the child, not the next friend.

Claims for Economic Damages and Non-Economic Damages

A child typically does not pay his or her own medical bills and is not responsible for them.  Parents are responsible for their children’s medical expenses.  Thus, if a child is injured and incurs medical bills, the child cannot sue to recover them.  The parents must.   Because of this, legal action concerning an injured child can be divided into two different claims.  The child’s claim would relate to pain and suffering and any other non-economic losses.  The parents’ claim would be for the medical expenses and other economic losses. The child’s claims and the parent’s claims can be joined together in a single lawsuit, or could be heard separately.  In either case there will be two verdicts, and if the plaintiffs prevail, two monetary awards.  In addition, there would also be two different statutes of limitations in the cases, as one claim belongs to the child and the other to the parents.

Access to Settlement Funds

Judgments awarded to a child are typically held by the court on behalf of the child until the child reaches majority.  Or the funds are placed in a trust for the benefit of the child.  Parents rarely have access to such funds.  However, parents do have ownership of financial awards for claims for economic damages, such as medical expenses.

Do  you think a child’s recovery for pain and suffering in a personal injury case should always be higher than a similarly injured adult, since a child is likely to suffer more pain than an adult and have more difficulty coping with it?

Categories
Divorce Law

What We Can Learn From Celebrity Divorces

Celebrity DivorceThese days, it seems as if more and more couples are getting divorced. This is especially true when it comes to celebrities, whose marriages—and break-ups—are often front-page news. While some individuals believe that celebrities serve only as a form of entertainment, others suggest that couples may be able to learn something from their frequent divorces. In fact, celebrities may not only teach us how to keep a marriage stable, but also how to separate in a peaceful and respectful manner.

Communication is Crucial

If celebrities have taught us anything when it comes to maintaining a happy marriage, it is that communication is crucial. Proper communication not only helps individuals teach their partner about their wants and needs, but also assists when it comes to the development of stronger listening skills. Unfortunately, celebrities—and for that matter, non-celebrities—have the habit of demanding their desires, without considering those of their partner. Talking each and every day with one’s husband or wife is a must when it comes to managing expectations and maintaining a long and happy marriage together.

Take Your Time

There is no question that the prospect of getting married can be very exciting—especially when one believes that they are deeply in love with their partner. However, it seems as if many celebrities choose to “jump into” marriage before they have a strong understanding of the traits and personalities of their partner. Most marriage experts agree that men and women should take their time when it comes to getting to know their significant other before choosing to pursue a legal commitment. When it can be difficult to prolong the dating process, it may be crucial when it comes to avoiding divorce in the future.

Know When It’s Over

Despite the best efforts of many celebrities, some marriages simply weren’t made to last. And when a couple agrees that the end is near, they may also benefit by looking to celebrities for some tips and recommendations. While many celebrities do try to put on a good front for the sake of their fans and children, this may not be the best plan when it comes to the health of their family. In fact, the Huffington Post suggests that trying to keep a marriage together simply for the sake of children may actually do more harm than good in the long run.

Lawyers Aren’t All Bad

Finally, celebrity divorces have shown us that—despite their less than stellar reputation—many lawyers are not as bad as they are depicted. In fact, experts agree that having an experienced lawyer who is familiar with family law is crucial when it comes to surviving and thriving during the divorce process. Individuals who have never worked with a lawyer in the past may want to consider speaking with friends and family to identify a skilled and professional legal team. Interviewing a lawyer before making a financial commitment can be useful when it comes to finding the right professional for the job.

Categories
Divorce Law

Bankruptcy: Watch out for the Marital Adjustment Deduction

divorce and bankruptcyWhen a person who is married decides to file for bankruptcy, the law permits him or her to do so alone, without requiring both spouses to file.  However, the non-filing spouse’s finances do play part in the filing spouse’s bankruptcy case.  The “means test,” including the “marital adjustment deduction” will be evaluated to determine whether or not the filing spouse qualifies for a Chapter 7 bankruptcy, or to determine the amount the filing spouse will have to pay unsecured creditors in a Chapter 13 bankruptcy.

The Means Test

Even though you may feel that the only way out of your dire financial situation is to file for bankruptcy, a Westchester county bankruptcy lawyer points out that under the strict rules of the bankruptcy code, you may not qualify for a Chapter 7 bankruptcy filing.  In a Chapter 7 bankruptcy,  the debtor essentially tells the court that he or she is unable to pay back any part of the debt owed to creditors.  In order to qualify, you must pass a “means test,” meaning that your disposable income must be below a certain level.  If you do not pass the means test, then under bankruptcy law you are presumed able to pay back at least a minimum amount of your debt, and you will not be permitted to proceed with a Chapter 7 bankruptcy.  As part of the means test the bankruptcy court will look at your last 6 months of income as well as your expenses.  Thus, even if you have a high income, if your expenses are also high, your may still qualify for a Chapter 7 bankruptcy.

If you are married, but separated and living in separate households, the income of your non-filing spouse will not be taken into consideration for the means test. However, if you are married, then your spouse’s income will be taken into consideration for the means test.  This could have a significant impact on the filing spouses’ Chapter 7 petition.  If the non-filing spouse’s income is too high, then you may not qualify for a Chapter 7 bankruptcy.  In this is so then the “marital adjustment deduction” may help.

The Marital Adjustment Deduction

As part of the means test, you are permitted to deduct expenses from your income.  The “Marital Adjustment Deduction” allows you to deduct any expenses that your spouse pays that are not normal household expenses.  These “other” expenses are known as “marital deduction expenses.”  Examples of marital deduction expenses can include credit card payments for accounts that are only in your spouses’ name, child support payment for your spouse’s child, business expenses, student loan payments, and payroll deductions.  The net result of using the marital adjustment deduction is that if significant, it may offset at least some of your spouse’s income that you had to include in the means test.  Thus, you may still be able to qualify for a Chapter 7 bankruptcy even though your spouse’s income is relatively high.

Alternative to Chapter 7

If after applying the marital adjustment deduction you still do not qualify for a Chapter 7 bankruptcy, you may be permitted to file under Chapter 13. While all of your debt will not be discharged, the total amount you repay your creditors will likely be significantly reduced and you will have 3-5 years to make the payments.   However, you will still have to disclose your spouse’s income and expenses, which may affect the total amount you have to repay your creditors.

The importance of Full Disclosure

Ultimately, both your complete financial picture and that of your spouse will likely be closely reviewed by the bankruptcy court to determine how the law will allow you to proceed with your bankruptcy.  Thus, it is important to be prepared with evidence backing up all claims regarding income and expenses, or risk having your case dismissed.  An even worse result would be having the bankruptcy court determine that you have committed or attempted to commit fraud.

Do you think it is fair that a non-filing spouse’s finances are considered when a married person files for bankruptcy?  What if throughout the marriage the couple’s finances remained largely separate?  Does this rule encourage spouses to legally separate or “pretend” to separate?

Categories
Children Divorce Law

Literature on Divorce for Older Children

divorce lawApproximately half of marriages, in the United States, end in divorce.  While not every married couple has children, it can be assumed that a large number of children are faced with their parents’ divorce each year.  When parents decide to divorce it is their responsibility, for the well-being of their child, to discuss the divorce with their child.  Many parents seek out additional resources, such as books, to make their discussion a bit easier or to answer questions that may be hard to answer on their own.  There is a plethora of books for younger children, specifically between the ages of 4 – 9, that are specifically written about divorce.  Many of the books are picture books with colorful illustrations concentrating on using simple concepts and a discussion of emotions.  Aside from “self-help” type of books, there are fewer books on divorce available for pre-teen and adolescent children.  While the needs of an older child are different from young children, a book addressing divorce can be helpful to an older reader.

Stereotypically, girls are most often classified as “readers”.  Much of the pre-teen and adolescent fiction and non-fiction literature discussing divorce has female protagonists or themes aimed at young women.  Parents of pre-teen and adolescent boys may need to search a bit more, but there are books with adolescent boys as the protagonists dealing with family issues like divorce.

Homesick, a 2012 release by Kate Klise, is a novel with a young male protagonist, appropriate for readers between 9 and 12 years old.  The main character, Benny, lives with his parents who have separated.  His mother has left the family and his father has hoarding issues.  Many readers may connect with Benny and the pressure and need to be responsible in his crumbling home life.  Reflected in a Kirkus Review, “Benny gets a job at the local radio station to scrape together money to pay the phone bill so he can stay in touch with his mother. She’s planning to get settled and return for him at the end of the school year, but Benny’s dad is spiraling downward fast.”

While Benny’s scenario may seem “too big to be true”, children of divorced parents may relate to Benny’s situation and his feelings.  Sometimes a story, bigger than their own, might make a child feel better about their own situation.

Children, of any age, may benefit from tools, such as literature, when dealing with divorce in their family.  Parents and children can connect through literature and gain a better understanding about divorce.  Literature can remind children, of any age, that divorce is not their fault, not their responsibility, and despite the situation, a parent’s love still remains before, during and after the divorce.

For more information about divorce please visit the website of Charles Ullman, a Cary, NC Divorce Lawyer at divorcelawnc.com.

Categories
Family Law Property issues

Business Owners: Who Will Take the Helm Once You’re Gone?

Succession Planning
Succession Planning

Running a business is a difficult task that often requires hard work and a great deal of planning. Often, it can take years—or even decades—to get a business off and ground and ensure its success. It should come as no surprise, then, that business owners who are successful want to maintain the quality of their organization by identifying a skilled successor. Working with a group of professionals can be crucial when it comes to effective succession planning for an experienced businessman or woman.

What is Succession Planning?

Understanding the basics of succession planning is crucial for those who really want to achieve success with this important task. As one might guess from the name, success planning occurs when a business owner pinpoints one or more individuals who will take control of the company in question, pending the retirement, incapacitation, or death of the owner. Succession planning is not only important for the mentality of employees, but also ensures that the organization will continue to run smoothly as it changes hands. While it can be tempting to wait until the later years of life to consider succession planning, starting early is generally considered to be a better option.

Choosing a Successor

Choosing a successor is often considered to be the first step when it comes to effective succession planning. According to Forbes, a family member is not always the best choice when it comes to handing over the business. Similarly, just because one individual has served as “second in command” for the last few years does not mean that he or she has what it takes to actually run the organization successfully. Instead, business owners should carefully identify their current staff and determine who has what it takes to successfully steer the company in its desired direction in the future.

Serving as a Mentor

While choosing a successor is the first step of succession planning, it is far from the last. In fact, once a successor has been chosen, the hard part has just begun! To ensure optimal results in the success of the business, current owners should serve as a “mentor” to the individual or individuals who have been slated to take over the company down the line. Providing day-to-day tips—as well as long-term recommendations and instructions—can be effective when it comes to ensuring a smooth transition.

Obtaining Assistance in Success Planning

Running a business on one’s own can be difficult, if not all-out impossible. Similarly, business owners often require a great deal of assistance from other professionals when it comes to the challenging task of creating a succession plan for the future. Current business owners should work with a legal team, accountants, and even human resource professionals to maximize their efforts when it comes to this daunting activity. Consultation with other businessmen and women may also prove to be beneficial when it comes to deciding just what route to take with long-term business succession planning.

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Family Law Property issues Uncategorized

How to Identify Police Misconduct

police brutalityPolice officers play an important role in our world. These professionals not only provide support and assistance during times of emergency, but also help to keep the community safe for all who live within it. While most police officers take their roles quite seriously, some have been known to participate in inappropriate behavior—often referred to as police misconduct. Understanding how to identify police misconduct is crucial for those who want to maintain their rights, while still staying within the good graces of law enforcement professionals.

 

Police Brutality

According to the US Department of Justice, police brutality is one of the most common signs that misconduct is taking place. Except for the in the most severe cases, police have even training and tools at their fingertips to complete their jobs without depending on brute strength. It is important to note that while police brutality is most commonly thought of as physical aggressive, verbal threats and sexual abuse may also fall under this category. Those who have experienced these events are likely the victim of police misconduct, and should report the behavior as soon as possible.

Selective Enforcement

Selective enforcement is another common signs of police misconduct. As suggested by the name, selective enforcement occurs when a police officer does not enforce certain laws or regulations when they are intimately connected with the person or person accused of committing the violation. The most common example of selective enforcement usually occurs in regards to traffic law—for example, a police officer chooses not to issue a citation to a friend or family member that he or she has pulled over for speeding. While it may be highly tempting to simply let these individuals off with a warning, it is actually a serious case of police misconduct.

 

Lying Under Oath

There are a number of police rights that are enforced in courtrooms and other law enforcement arenas around the world. However, these rights are only maintained in cases where the officer “plays by the rules” and maintain professionalism within the role that they have been given. Unfortunately, this is not always the case—in fact, some officers go so far as to lie under oath, in order to get the final outcome that they desire. As with the other factors described so far in this article, lying under oath is a serious sign of police misconduct, which should not be taken lightly.

 

Using Drugs/Alcohol While on Duty

As one might guess, police officers that use drugs or alcohol while on duty are also likely practicing police misconduct. Any officer of the law is expected to be clean and sober, as they may have to respond to a dangerous event at any given moment. Officers who have been found to be using drugs or alcohol while on the job may be placed on probation for an extended period of time. Regular blood and urine tests may be required if and when their role as a police officer is reinstated.

Categories
Family Law Finance

Signs that a Nursing Home is Being Negligent

elder neglectWe’ve always been told to “respect our elders”, but looking at the news and hearing the horrific stories of elder abuse, it’s clear that not everyone holds elders in high regards.  Elderly individuals, over the age of 60, are at higher risk for maltreatment and such elderly neglect takes place everywhere, but most often in the nursing home setting.  In nursing homes, residents are vulnerable as they often rely on others (such as nursing aides) to assist them with everyday living.  Unfortunately, many elders are physically, mentally, sexually, financially exploited, making them victims of a large and sometimes “silent” problem, elder abuse.

According to the Centers for Disease Control and Prevention (CDC), over 500,000 older adults (aged 60 +), in the U.S., are believed to be abused or neglected each year.  However, the startling and overwhelming statistics are most likely underestimated due to the number of elder abuse that is not reported.  Like many abuse victims, many elders are unable or afraid to report the abuse to police, family, friends, or others who can protect them.  Family and friends who have a loved one in a nursing home facility should stay involved, informed, and be on the lookout for any suspicious behavior in either the resident or a worker.

Warning Signs of Elder Abuse in a Nursing Home

When visiting a friend or family member in a nursing home pay attention to the way he/she looks and acts.  If you suspect elder abuse, report it.  Protect seniors by bringing suspected abuse to the attention of the appropriate authorities such as a local adult protective services agency.  Many people are afraid to report suspected abuse because they fear they might be wrong, but if you don’t report suspicious activity, your elderly loved one could continue to be abused and in worse cases, die because of the abuse.  Take action and report if you see, hear, or suspect the warning signs of neglect in a nursing home:

–          Your loved one might be Financially exploited if:

  • He/she has a lack of affordable amenities and comforts in their room.
  • Uncharacteristic or excessive giving of gifts or financial reimbursement for care and companionship.
  • The victim is not getting proper care to fulfill needs, even if money is available for such costs.
  • Has made legal or monetary transactions, but does not understand what they mean.

 

–          Your loved one may be a victim of physical or emotional abuse if he/she:

  • Has inadequately explained fractures, bruises, welts, cuts, sores, or burns
  • Unexplained sexually transmitted diseases
  • Unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness
  • Caregiver is verbally aggressive or demeaning, controlling, or uncaring

 

–          Your loved elder may be a victim of overall Neglect if he/she:

  • Lack of basic hygiene or appropriate clothing
  • Lack of food and basic needs
  • Lack of medical aids such as glasses, dentures, medication, hearing aids.
  • An individual with dementia is left unsupervised
  • An individual confined in bed is lacking care
  • The room is cluttered or dirty or in need of repairs and lacks amenities
  • Untreated bed sores or pressure ulcers (indication of lack of care)

Elder abuse and neglect in a nursing home affects thousands of innocent senior citizens each year.  Many suffer in silence because they are unable to communicate and they live in fear.  Be the voice for neglected elders.  Respect your elders; don’t turn your back on them.

 

Categories
Finance

Advantages and Disadvantages of Going Bankrupt

bankrupt

Believe it or not, people who go bankrupt do enjoy some advantages. Bankruptcy, in fact, exists so that people who make a mistake financially don’t have their entire life ruined for the rest of their existence. It gives people an opportunity to get a fresh start, to do things right and, after the bankruptcy has gotten off of their credit report, to start rebuilding their credit without having to repair a tremendous amount of damage that they may have caused in their youth. There are disadvantages to going bankrupt, as well, and you want to take these into account if you’re considering filing for bankruptcy.

Collectors Go Away

If you are considering filing bankruptcy, it’s likely that your phone is ringing off the hook with collection agents trying to get money out of you. One of the advantages of filing for bankruptcy is that you get a stay order against those collectors. Until your bankruptcy is resolved, those collectors cannot bother you about the bills you have with them without contacting the court first.

While this may seem like a small benefit from the outside, it is a huge benefit. It allows you to get time to consider your situation, to put together your bankruptcy claim and to not be constantly stressed by people who are reminding you incessantly of debt about which you are already well aware.

Keep Your Home

There are accommodations that allow people to stay in their homes if they declare bankruptcy. This can allow you time to get back in the good graces of your mortgage holder and ensure that you don’t end up out on the street. For some families, this is absolutely the best move possible.

Disadvantages

There are basically two types of bankruptcy that individuals can file for: Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, all of the existing debt that you have is liquidated, except for those debts that are guaranteed. Student loans, for instance, do not go away. In a Chapter 13 bankruptcy, you still pay off your debts, but you pay them off through the courts at a rate that is affordable for you.

The disadvantage to both of these types of bankruptcy is that they do stay on your credit report. It can make it much more difficult for you to get lending and, in some cases, to even get an apartment. Compared to having your wages garnished to pay back credit cards with ridiculous interest rates or other unsecured debts, however, bankruptcy may actually be preferable.

Talking to an attorney who handles bankruptcy law is the best way to determine whether or not it’s time for you to go ahead and file bankruptcy.

Categories
Claims Uncategorized

The Dangers of Aggressive Driving

aggressive driverAggressive driving: everyone has seen it. It’s the driver who gets too close behind other cars to try to push them into going faster. It’s the driver who speeds through school zones because they’re in a rush. It’s the driver who makes lane changes with too little room to do so, forcing other drivers to accommodate the aggressive driver’s poor driving. There are a few things that you can generally say about aggressive drivers and be assured that you’re correct:

 

  • They’re not as good at driving as they think
  • They endanger everyone on the road
  • They take risks that are downright stupid

 

What do you do with these drivers? Avoid them, if you can. You should also be aware of the risks that they do present so that you can anticipate what you might face when you run into one.

 

The Risks

According to the NHTSA, 60 percent of drivers that they surveyed for a study said that they feel that unsafe driving is a threat to them and their families. This is not too surprising. The NHTSA identifies some specific problems with aggressive drivers that good drivers should be aware of. For instance:

 

  • Aggressive drivers tend to not be concerned with other motorists
  • Aggressive drivers sometimes use the anonymity provided by their vehicles to vent aggression at other drivers
  • They are risk takers
  • They routinely break the law on the roads

 

All of this boils down to a portrait of a driver who is angry, a poor driver, who doesn’t really care about the welfare of other drivers and who takes risks, a habit which may be exacerbated by their frustration. These drivers pose risks that are too numerous to name one by one, but here are some of them.

 

Rear End Collisions

Aggressive drivers will ride your bumper, driving too fast and sometimes end up colliding with the vehicles in front of them.

 

Intersection Collisions

These drivers oftentimes disobey stop signs and red lights, causing wrecks and serious injuries to other drivers.

 

Violence

Aggressive drivers are typically angry, frustrated individuals who may react with anger if they are involved in a crash, even if they caused it. Be wary of this if you’re in a wreck with one.

 

Dealing with the Threat

Don’t retaliate. The best way to deal with aggressive drivers is to just let them go by and get out of their way. They can’t hurt you if you’re not near their vehicle. Aggressive driving is negligent. If you’re harmed by an aggressive driver, contact a car accident lawyer about filing a lawsuit to get compensation. No matter how much of a rush they were in or how good a driver they thought they were, aggressive drivers are responsible when they harm other motorists.

Categories
Family Law Finance

What is Balance Billing…Are you a Victim?

balance billingJanet, a professional accountant, was suffering from severe pain in her wrists, suspecting she had carpal tunnel syndrome from her years of repetitive computer tasks.  With the recommendation of a friend, Janet found a surgeon who worked at the hospital in her insurance network.  After she met with the recommended surgeon, she was more confident and happy with him than other surgeons she had talked to.  After her successful surgery, Janet was able to return back to work sooner than she’d expected.  Pleased with her progress and fast healing, Janet was happy that she didn’t wait any longer to have her debilitating condition fixed.  About a month after her surgery, Janet had received bills in the mail to cover some costs of her surgery.  Janet was confused as she made sure she chose the right hospital in her network so that the surgery would be covered, in full, by her insurance.  Upon further investigation, Janet realized that the surgeon who performed the surgery was not part of her insurance network even though he worked in a hospital that was in her network.  The bill that Janet received is called balance billing and it occurs when a health care provider (in this case, Janet’s surgeon) tries to collect money directly from a patient after getting partial reimbursement from an insurance company.  Janet knows that “balance billing” is illegal for Medicare recipients, but she’s not sure if it is legal for her private insurance company. 

How to Avoid a “Balance Billing” Nightmare

If you have recently become a victim of balance billing, there may not be a lot you can do other than refuse to pay the bill or seek legal advice.  The best way to avoid balance billing is to work out all of the details before you are billed for a medical procedure, exam, or hospital stay.

–          Choose within Your Network:  Sometimes in the event of an emergency, it is not possible to be treated by a health provider in your network, but if you are in charge of choosing a physician or surgeon (for example), you should make sure they are in your network.  Even if they work in a facility that is in your network, the individual doctor may not be in the network.  While you may want to go with a doctor that you have heard so many good things about, make sure he/she is in your network otherwise you may have to prepare to pay out of pocket.

 

–          Verify the Person is in Your Network:  If you rely on the information that comes in your insurance packet, it may be incorrect or even outdated.  When choosing a medical professional, do not go by what you read or see in a book or on the internet.  Call the office and double check that he/she is part of your insurance network.  Failure to double check might leave you with an unexpected bill.

 

–          Don’t Fear Price Negotiation:  You may be forced to visit a specialist who is not in your network.  If this is the case, try to find out the bill for your procedure.  According to a patient advocate, Jane Cooper, after you find out how much your bill will be, check with your insurer to see how it matches with the out-of-network service pay.  A patient, who is prepared with this important information, may be able to negotiate successfully with a doctor.   If you are stuck with balance billing, try to negotiate a payment plan to keep your bill from heading to collections.  If you are able or need to, also consider talking with your insurance company to see if they will be willing to front some of the balance bill.

 

“Balance Billing” can be an unwelcome and financially frustrating surprise.  If you are recovering from an accident or a medical procedure, your focus should revolve around your healing not the overwhelming worry of how you’ll cover the bill.  The doctor’s may be in control of your health, don’t let them control your finances!

Categories
Claims Family Law

Drunk Driving: Increased or Decreased in the Last 5 Years?

One Friday night, Linda met up with some co-workers for appetizers, trivia and a few cocktails.  At the end of the night, one friend called a cab, Linda had one drink in a 3 hour period, and another friend, Joni, who left without saying good-bye, had 3 or 4 margaritas.  When Linda noticed that Joni had left the restaurant, she tried to stop her from leaving the parking lot, but her car was already gone.  Joni has a bad and dangerous habit of driving while drunk, but promises she won’t do it each time they go out for drinks.  The next morning, Linda got a call from Joni, who was calling from the police station.  Joni had been pulled over for suspicious driving, was given a breathalyzer, and was taken to jail with a BAC of 0.100 (well over the legal limit of 0.08).  After receiving a DWI, Joni told Linda that she was surprised that she had been pulled over, as she had driven at least 3 dozen times while legally drunk.  “I drive fine!” she told Linda, “The only reason I swerved was because I was trying to make a phone call.”  Linda knew that Joni’s drinking behavior was problematic and urged her to seek help.  Had Joni not been pulled over by police, she could have been responsible for the injuries or death of an innocent victim.

The Drunk Driving Epidemic

According to the Centers for Disease Control and Prevention (CDC), the average drunk driver has driven 80 times, while intoxicated, before the first arrest.  Drunk driving is expensive (an average of $500 per adult/year) and happens far too frequently (1-in-3 people will be involved in an alcohol related crash in their lifetime).  Additionally, drunk driving is responsible for thousands of crash-related injuries and deaths each year.  Fortunately, drunk driving incidents have decreased in the last 5 years.  In 2005, there were 13, 582 drunk driving related fatalities, but five years later, in 2010, there were 10, 228.  Reports show that the number of fatalities and injuries continue to decrease.  While thousands of drunk driving related injuries and deaths are still far too many, it seems as though drivers are finally starting to “wise up” and/or enforcement is becoming stricter.  Either way, the numbers show that more lives are being spared on our roadways.  According to the U.S. Department of Transportation (DOT), the decrease in drunk driving incidents can be partly attributed to drunk driving awareness and enforcement efforts such as the Zero Tolerance Laws.  Additionally, among major crimes, driving under the influence (DUI) has one of the highest arrest rates with more than 1.4 million DUI arrests in 2010.  High rates of arrests are potentially preventing drunk driving related incidents before they occur.

Just because drunk driving, overall, has decreased, it does not mean that you should start or continue to drive while under the influence.  Drunk driving is dangerous and very difficult.  When you are impaired, you’re driving becomes impaired.  Reaction time slows down, judgment is poor, and depth perception is inaccurate, which can all lead to an accident that could result in injuries or even death, leaving YOU with the legal ramifications.  Don’t take the risk, don’t increase the problem, don’t drink and drive!

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Divorce Law Finance

Protecting Your Assets During a Divorce

protect your assets divorceWhen John and Emily married 15 years ago, they both thought the marriage would last a lifetime.  After 10 years in a colonial-style home, 2 children and 3 dogs, their marriage looked picture perfect, especially with the white picket fence that surrounded Emily’s prize winning roses.  Last year, John lost some investments and started gambling to ease his stress.  His secret gambling made financial issues even worse.  Emily, unaware of their family’s financial distress, continued her duties as a homemaker and volunteering at her daughter’s school.  Had Emily known of the financial distress, she would have taken a job to help ease some of the debt, but because John was always in charge of finances, Emily had no idea of how bad their situation was.  One weekend, John had gone on a “business trip” (which ended up being an expensive trip to Las Vegas) and Emily was unable to withdraw funds from an ATM machine.  Shortly after John’s unsuccessful gambling trip, there marriage began to fall apart and divorce seemed to be the best option for their young children.  Because Emily has little control of their money, she doesn’t know how to proceed with protecting her assets during the divorce. Charles Ullman and Associates understands that during divorce, life has been turned upside down and can cause financial and emotionally challenging moments.  What can Emily do?

Avoid Losing Everything: Protect Your Assets

Often times, in a marriage, one spouse takes charge of finances. Unfortunately, in the event of divorce, the other spouse has no idea how to deal with their finances, leaving her/him at great risk for financial distress after a divorce.  Protecting your assets during divorce can make the whole process a little less stressful:

  • Familiarize Yourself with Financial Statements:  Financial statements, tax forms and other important financial paperwork can be overwhelming, hard to organize, and even harder to understand, but it’s helpful to know how your household’s income is being spent.  Even if you are not the “breadwinner”, you have the right to know where the money goes.  If you find something suspicious or something you don’t understand (and don’t feel comfortable confronting your soon-to-be ex), talk to a financial planner, lawyer or accountant.  Additionally, make sure you make copies of all the financial information and keep it in a safe place.  When you meet with your divorce lawyer, he/she will help you decide what information you will need for your settlement.  It’s better to be over prepared than not.

 

  • Establish Your Own Credit:  If you have a shared credit account with your spouse, it’s important to pay close attention to credit card statements, as one spouse may use a credit card more often than the other.  If your spouse has poor credit, it may affect you, even after the divorce.  If you are able, try to get your own credit card account before you divorce.  While may stay-at-home, non-income earning spouses find it difficult to establish credit, The Credit Card Accountability Responsibility and Disclosure Act (CARD Act) made changes allowing non-working spouses set up their own line of credit, according to the Consumer Financial Protection Bureau.  Additionally, it may be wise (if you don’t already) to set up your own bank account.

 

  • Make Sure Your Name is One Everything You Own with Your Spouse:  Depending on what you purchased together, if it is a valuable asset, make sure that your signature (as proof of part ownership) is on all the proper documents.

Divorce can be a financially, emotionally, and mentally exhausting process.  While you should always have a good handle on your finances, even if you don’t make all the money, it is even more important during the separation or divorce process.  Don’t let your divorce leave you penniless and powerless; get your documents in order!

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Family Law

The Best Nursing Homes in the U.S.

nursing home careEach year, the U.S. News and World Report gathers a list of the best nursing homes around the country. A total of 39 facilities made the cut in 2012, representing the top-notch homes around the nation.  One in seven Americans will spend time in a nursing home this year. This country has approximately 16,000 different facilities around the country, and the U.S. News and World Report uses government analysis to name the best homes. Choosing a home for your loved one is a difficult and emotionally-charged decision and one that should be made carefully.

What’s In A Good Nursing Home?

The U.S. Centers for Medicare and Medicaid Services set the standards for nursing home facilities around the country and evaluate them on an annual basis. The government considers any facility with 24-hour nursing care and medical services to be a nursing home. State agencies carry out regular inspections of the facilities, and that data is transmitted to the CMS.

Ranking Nursing Homes

CMS ranks nursing homes between 1 and 5 stars. In addition to the state-level inspections, homes are evaluated on their ability to provide enough nurses for the population inside the nursing home, health inspection reports, and the quality of care administered at the facility.  The U.S. News and World Report data breaks down from this award of five stars to share more information about the quality at each facility. To receive a perfect score of 15, a home must have received a 5 from CMS and scores of 5 in each of the underlying elements mentioned above. Those homes with a perfect score make up the top tier.

  • Nurse staffing levels: The CMS evaluates this data by looking at the average number of nurses available for the patients on a daily basis. This includes registered nurses, licensed vocational nurses, and certified nurse aides.
  • Health inspections: All nursing homes are required to accept Medicaid and Medicare patients, so CMS conducts health inspections every 12 to 15 months. In addition, any health-related complaints from residents are fully explored by CMS on a regular basis.
  • Care quality: Nursing homes are required by CMS to produce clinical data going back three quarters showing the history of all Medicare and Medicaid patients.  These data reports include any actions taken by the staff to physically restrain an individual as well are more general information, like chronic health issues.

 

How To Find a Top Nursing Home

The U.S. News and World Report site is very helpful in breaking down the best nursing homes around the country and also finding the best facilities by state. Location is important when choosing a home, and the detail collected in these reports can help you avoid facilities that are known for nursing home neglect. Combine this data with research of your own about each facility to find the best place for your loved one.

Categories
Family Law Finance

Injured On The Job? Workers Compensation Procedures

Most companies are required to maintain workers compensation coverage for their employees. Injuries, illnesses, or exposure to dangerous chemicals can make cause damage to an employee and lay the grounds for a workers’ compensation claim. The injuries covered under this policy can be minor or major. One are that is not covered under this general liability coverage is under the coming and going rule. This rule references any injuries that occurred on the commute to or from the work-site. Although these injuries would not be covered under a workers’ compensation claim, other injuries that occur while transporting goods, traveling, or running errands for your employer may be covered.

First Steps: File A Claim

The first step when you have been injured on the job is to file a workers compensation claim. Your supervisor or boss will provide you with the proper claim form to complete. If your employer contests the claim, a court hearing will be scheduled. It’s very important that you file your claim form as soon as possible after the injury. Some of the more long-term injuries from the incident may not appear until a few weeks or months after the initial accident, which is why it’s so important to have an attorney representing her interest in court. If you need an attorney, the time is now to contact Salvi Law.

What Happens Next?

After you have filed a claim, the insurance company will select a doctor to perform an independent medical examination. Preparing for this exam is incredibly important, since the doctor will send a report to the insurance company that is used to generate an offer for your compensation. Write notes about the appointment after it is over, and come prepared with your own list of questions for the doctor. Do not underestimate the severity of your symptoms during this appointment.

What Happens If My Claim Is Approved?

In general, the monetary payment under an approved workers compensation claim will represent up to 66% of your typical income, but what sets workers compensation apart is that these monies are tax-free. Since there are no taxes on these funds, it’s likely that your payment will be similar to your former income. All medical expenses will also be covered under a workers’ compensation claim, so long as those medical expenses are related to the workplace injury.

Should I Accept a Settlement?

If a worker has been on long-term disability for some time, one common tactic for companies is to offer that individual a settlement. In the short term, these settlements can be appealing. Over the long run, however, the settlement may not be in your best interest. For example, if your medical costs increase or you incur other complications as a result of your initial injury, the settlement may not be enough to provide for your future medical expenses. Especially when you are not represented by a lawyer, the company will usually undervalue the settlement offer. You can reject the settlement, and it’s recommended that you have a conversation with an attorney about your best options.

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Claims Finance

Signs Your Loved One Might Be the Victim of Nursing Home Abuse or Neglect

nursing home neglectEvery person wishes they were in the situation where they could care for their parent when it is needed, but the truth is that most people just don’t have the time or the resources to do so. Because of this there is a large industry that caters toward caring for elderly patients who need constant observation or have pressing medical needs. Wherever there is a large industry in a certain field there will be people who pop up to exploit it, not caring for their paying clients and working only to make a quick buck. If you’re not careful, you may accidentally leave your loved one in the care of somebody who will exploit, mistreat or physically injure them. But how can you tell if your loved one is the victim of nursing home abuse? Here are some common symptoms.

Signs of Physical Abuse on an Elderly Patient

Anybody who has been around an elderly family member knows that sometimes they don’t want to be a bother, so they keep their lips shut about things they should discuss. This is true with nursing home abuse as well, especially when there is a lingering threat from the guilty party. Physical abuse can sometimes be easy to spot. Most symptoms will appear on the arms or legs, the areas where they will be grabbed or thrown from. Look for bruises, cuts, and scrapes, and keep an eye on whether or not they choose to wear long sleeved shirts whenever you visit. This can be a sign that they are trying to cover up the nursing home abuse. Even if you suspect there might be abuse, but do not have proof you can still ask for help confidentially.

Signs of Neglect to an Elderly Patient

What’s even worse than physical abuse is nursing home neglect. Elderly patients need constant care and even the tiniest of slip-ups could lead to a serious medical issue. Look for bedsores – they are signs that your loved one is spending too much time in their bed. Bedsores may indicate that nursing home staff members are not checking in on patients regularly. Dehydration and malnutrition are two major forms of nursing home neglect. If your loved one is always thirsty when you visit or seems very lethargic or pale then it may mean that they are not receiving proper meals.

Why is This Treatment Common in Nursing Homes?

Nursing home employees tend to be divided into two different categories of people: workers who have decided to dedicate their lives to this field and educated themselves, and uneducated people who needed any job they could get and took one at a nursing home. The former group tends to be higher paid and find work at more expensive nursing homes, while cheaper nursing homes in lower income areas don’t try as hard to find competent employees. This leads to a hiring process that is less than adequate, which is why it’s very important to do proper research before making the decision to put your loved one in a care facility or nursing home.

Nursing home abuse and neglect is a very difficult subject to discuss with a loved one. Many elderly people become embarrassed because they can’t physically defend themselves. This feeling of hopelessness is one major reason these forms of attacks are not reported. Bring up the topic carefully but let them know to be honest with you. Nursing home abuse and neglect needs to be reported so that the guilty parties can be punished.

If you suspect your loved one is being abused or neglected, report it immediately and seek the help of an experience legal professional.  Mariano Morales Law is composed of a team of nursing home abuse and neglect lawyers located in Yakima, Washington.  For more information about the abuse and neglect of elders, visit the website at www.MarianoMoralesLaw.com.

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Adoption Child Support Family Law

The Different Types of Cerebral Palsy

cerebral palsyCerebral palsy is a broad term for a condition that affects an individual’s posture, muscle tone, balance and movement. Cerebral palsy can result during embryonic development or it can be the unfortunate result of a traumatic birth injury. Often, cerebral palsy results from inadequate blood or oxygen.  Other possible causes can be seen here. There are five different types of cerebral palsy, each explained below.

 

Spastic Cerebral Palsy

When children are diagnosed with cerebral palsy, most children will be diagnosed with spastic cerebral palsy. In fact, spastic cerebral palsy affects between 80 and 90 percent of cerebral palsy sufferers. This type can affect one side of the body, it can affect two limbs, or it can affect all four limbs. When two limbs are affected, this is known as spastic diplegia. When four limbs are affected, this is known as spastic quadriplegia.

Spastic cerebral palsy causes muscle tightness and can sometimes cause an individual to have difficulty communicating. The symptoms of this type of cerebral palsy are treated with physical therapy, stretching, exercises, and sometimes, Botox. It is important to note that this does not affect an individual’s intelligence.

 

Athetoid Cerebral Palsy

Athetoid cerebral palsy affects about 20 percent of cerebral palsy sufferers and the symptoms are slightly different from the previously mentioned type of cerebral palsy. Athetoid cerebral palsy can cause slow, involuntary muscle movements, especially of the torso and of the extremities. Sometimes this type of cerebral palsy also affects face and tongue muscles, in which case drug and speech therapy is required. Muscle tone with this type of cerebral palsy is mixed; it can either be too high or too low.

 

Hypotonic Cerebral Palsy

Hypotonic cerebral palsy results in very uncontrollable, floppy arms and legs. It also tends to affect the individual’s posture, so they will often slouch or lie down. Trouble controlling and holding the head in a neutral position is also difficult for individuals with this type of cerebral palsy. Additionally, fatigue is a very common symptom of hypotonic cerebral palsy.

 

Ataxic Cerebral Palsy

Ataxic cerebral palsy is the least common type of cerebral palsy, and less than 5 percent of individuals with cerebral palsy will have the ataxic variety. This type of cerebral palsy affects how well an individual can balance and coordinate their muscles. Individuals will have poorly defined muscle tone and will have difficulty moving.

 

Mixed Cerebral Palsy

It is possible for individuals to be affected by a combination of different types of cerebral palsy, which is known as mixed cerebral palsy. When this presents, it is most common for the spastic and athetoid types to be mixed together, although mixing of any of the types of cerebral palsy is possible.

Sometimes cerebral palsy cannot be prevented, as it can occur during embryonic development. However, sometimes cerebral palsy is the result of a traumatic birth injury. Again, this can be unpreventable or it can be result of medical negligence.

If you or someone you know has a child with cerebral palsy, and you believe it could be the result of medical negligence, consider seeking the professional help of an experienced birth injury lawyer. Salvi, Schostok & Pritchard, P.C. is a law firm comprised of cerebral palsy injury and birth injury lawyers located in Illinois.  For more information about birth injuries and cerebral palsy, visit the website at www.CerebralPalsyInjuries.com.

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Child Support Children

Cerebral Palsy Risk Factors

Cerebral PalsyCerebral palsy is often seen as a muscular disorder, but it is actually a combination of several neurological conditions that can affect the muscles quite dramatically. The word “cerebral” references the cerebrum, which is a part of the brain. Therefore, cerebral palsy is a disorder that originates in the brain. This article discusses cerebral palsy risk factors.

Cerebral Palsy and Medical Malpractice

Some babies are born with noticeable signs of cerebral palsy, while other children have symptoms but are not properly diagnosed for a few years. However, most cases of cerebral palsy are noticed within the child’s first three years of life. One key sign of cerebral palsy includes the child being slow to do any of the activities that are normally done at their age, such as sitting up, crawling, laughing, and talking. A lack of muscle control is also a noticeable sign of cerebral palsy.

Medical malpractice can be a risk factor associated with the disorder. However, it’s not only medical malpractice that can cause cerebral palsy; many children are born with cerebral palsy where medical malpractice was not proven to be a part of the equation.

Hypoxia and Cerebral Palsy

There is a condition that develops when the brain does not receive the proper amount of oxygen; this condition is called hypoxia and it can develop over the period of time between birth and the few days after birth. Babies born with a limited oxygen flow to the brain have a 40 to 70 percent chance of ending up with a life-long disorder such as cerebral palsy, while the other percentage will end up with no disability.

Limited oxygen flow to the brain can sometimes occur for no known reason when the baby is in the womb, but it can also occur during the birthing process. When the baby is in the womb, the following things can happen: the umbilical cord may become wrapped around the baby’s neck; there may be an infection; or the baby may suffer congenial heart disease. All of these issues can result in a decrease in oxygen to the baby’s brain. Hypoxia occurs in approximately 2 to 10 of 1000 births in the Unites States.

Head Trauma and Cerebral Palsy

Head trauma is serious, and it can result in cerebral palsy. Head trauma can occur as a result of medical negligence during the birthing process. When head trauma happens to full-term babies during labor or delivery, it is usually evidenced by the abnormality of the pH in the cord blood. In addition to pH, the baby usually scores quite low on the Apgar scale, and the fetal monitor will often indicate oxygen deprivation.

Cerebral palsy is a serious condition that develops in nearly 10,000 new babies every year in the United States. It is a life-long condition that significantly affects the quality of life for children and their families. It’s important for new parents to better understand cerebral palsy, its risk factors, and learn what they can do to improve their situation.

If your child was born with cerebral palsy and you believe that it was a result of medical malpractice or hospital negligence, seek a legal professional to review your case.  Janet, Jenner & Suggs, Attorneys at Law represent cerebral palsy victims nationwide.  For more information, visit the website of cerebral palsy attorneys Janet, Jenner & Suggs at www.Cerebral-Palsy-Injury.com.

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Children Claims Domestic Violence

What Is a Vulnerable Adult and How Do We Protect Them?

Vulnerable adults are people older than eighteen years of age who need a caregiver, and who are unable to protect themselves or look after themselves. Vulnerable adults include elderly people in nursing homes, people who are sick or frail, people with memory problems, or people who have difficulty communicating with others. Individuals with physical or mental disabilities are also classified as vulnerable adults. Unfortunately, because these individuals need care and are unable to look after themselves, they are at greater risk of abuse. Read on for more information regarding vulnerable adults and how we can protect them.

Why Are Vulnerable Adults Targets for Abuse?

Unfortunately, there are many reasons why vulnerable adults are the victims of abuse. Violence toward vulnerable adults can be a single outburst, or it can be a premeditated attack. Sometimes vulnerable adults are targeted for abuse because caregivers are frustrated at the adult’s inability to communicate or inability to act “normal.” Lack of knowledge or training by health professionals working in nursing homes, hospitals or residential homes can result in violence, as professionals are not taught how to appropriately deal with this frustration.

While poor management and inadequate training can result in abuse toward vulnerable adults, sometimes violence can result simply because caregivers have a violent history. Caregivers are not always health professionals, and therefore training in how to appropriately help vulnerable adults is not required.

What Are the Signs of Abuse Toward a Vulnerable Adult?

Some vulnerable adults, especially elderly individuals, may be reluctant to speak out about the abuse they are suffering from. They might excuse their bruises as being “nothing.” Having injuries and not fully explaining where they came from can be a sign of abuse. Unexplained physical symptoms, such as bruising or scarring, can be explained by abuse. The appearance of the vulnerable adult might also change: they might look dirtier or thinner than before due to improper care or neglect.

Also keep an eye out for behavioral changes. A vulnerable adult who is suffering from abuse or violence might become withdrawn, quiet or depressed. However, behavioral changes on the other end of the spectrum are also possible; a vulnerable adult might become inexplicably angry or aggressive. Not wanting to be alone with certain individuals is also a red flag.

How Do We Protect Vulnerable Adults?

There are several ways to protect vulnerable adults. The most effective way to help and protect vulnerable adults is never to ignore signs of abuse and never to shrug them off as nothing. If you are suspicious, ask questions. It’s best to speak with the vulnerable adult in private. If your suspicions of abuse are confirmed, you can either call a General Practitioner or you can speak with a social worker. Depending on the nature of the abuse, you might even want to get the police involved, as abuse toward a vulnerable adult can be a crime. Additionally, help lines and help from Adult Protective Services are available specifically for these instances.

Vulnerable adults are most at risk for abuse and violence, and because of this they need to be protected. If you suspect that a vulnerable adult you know has been abused or neglected in some way, speak with them and figure out how you can help them. Don’t ignore the situation, but speak out so something can be done to protect them.

If you have evidence that a loved one is being abused, report it to the police immediately, and seek legal counsel to represent the case.  Hughes & Coleman, Injury Lawyers are nursing home abuse and neglect attorneys located in Kentucky.  For more information about nursing home abuse and neglect, visit the website at www.NursingHomeNeglectLawyers.com.