Tag: personal injury

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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?

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Child Support Children Divorce Law Family Law

How To Be A Good Parent Even After The Divorce

Being a good parent is hard enough on a good day. However, when you’ve just gone through a divorce, making sure that your kids are doing fine is always much harder. You can be a good parent after a divorce though so doesn’t think that this is an unattainable goal.

When you use your parenting skills in a divorce, you help teach your kids to deal with various challenges, helping them to grow into well-adjusted individuals. If you’re going or have gone through a divorce and are trying to figure out how to be a good parent through it all, use these tips.

Put The Child First:

Many times a divorce is going to be messy and complicated. You and your former spouse may hate each other and have trouble even being in the same room. However, this attitude isn’t going to do any favors for your child. You need to make sure that you’re not focusing on yourself throughout the divorce.

Since it can be a fairly lengthy process, talk to your children openly throughout the entire ordeal and ask how they’re doing. They may not be coping so well. Also, when you begin to figure out custody agreements and other important details that are about the kids, get their input. They may not be very happy about the entire situation, but involving them in the process and showing them that you care, is going to help with the transition.

Remember It’s Not About You:

Well, at least not entirely. Obviously, your divorce is going to be a huge part of your life, but you are an adult. You have increased coping mechanisms as well as a mature perspective that your children lack. If you’re starting to fall into the victim mentality, then make the decision to turn this attitude around.

Accept the fact that even in the worst of marriages, you probably made some mistakes as well. When you get to this point, you’re not only helping yourself, you’re also showing your kids that it’s OK to be wrong sometimes and you should always acknowledge your mistakes.

Look At The Positives:

It’s always hard to see anything positive coming from a divorce, but there are many life lessons that you can gain from going through this process. Similarly, your kids can also gain more experience from you. However, you can’t do this if you simply refuse to deal with the problem at hand. As you go throughout the divorce, take each experience as a life lesson.

Many of them are not going to be easy, but if you pay attention, you will come through this experience and be a wiser and stronger person throughout the rest of your life. Make sure that you talk to your kids throughout the process and mention some of the lessons you’ve learned. They can similarly take your lessons and apply them to their lives and future relationships.

Always Be Respectful:

When a divorce with children happens, it’s likely that both parents will have custody or visitation rights. This is going to be hard to deal with, but you can’t let your own feelings get in the way of your children’s happiness. Working through the challenges of successfully communicating with an ex is a goal, which you’re probably not going to get right the first time.

Try to maintain a respectful relationship with your former spouse. This not only sets a good example for your kids, it also helps to make the entire ordeal so much easier

These are a few of the basic ways to make sure that you continue to be a good parent both through and after a divorce. Divorce is difficult for both parents and their children, so make sure that you pay attention to your kids and continue to make them a priority throughout the entire process. Divorce can be a positive or negative factor in a child’s life depending on how you react to it. If you treat it as a learning experience, it can help to grow the relationship that you have with your children.

However, it does take time and effort, so make sure that you’re being a mindful parent throughout the entire process to make the transition easy for your children.

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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.

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Domestic Violence Family Law

Effects Of Domestic Violence On Children – As Per Age Group:

Effects Of Domestic Violence On Children – As Per Age Group:

Exposure to domestic violence has negative effects on children. To properly understand these effects, it is important to first understand the dynamics of domestic violence. Domestic violence is prevalent in all groups of people regardless of age, education, race, occupational, social-economical and religious factors.Characteristically, it involves a series of repetitive abuse, including psychological, physical, economical and emotional abuse. The perpetrator uses violence to gain control and power through the use of humiliation, intimidation, and fear.

Children get affected by domestic violence differently at various developmental stages. This is because as they grow and develop both mentally and physically, they learn new things at each age. Being a victim or witnessing domestic violence can interfere with the child’s normal growth and threatens their sense of security.

Studies indicate that children who have been exposed to domestic violence have a greater likelihood of experiencing various difficulties than their peers.

These difficulties can be categorized into:

1. Emotional, social and behavioral problems:
Exposure to domestic violence by children is likely to make them anxious and depressed or exhibit antisocial and aggressive behavior. Other negative effects may include higher levels of hostility, low self-esteem, anger, disobedience and oppositional behavior; fear and withdrawal; and poor sibling, peer, and social relationships.2. Attitudinal and Cognitive and problems:
These children are likely to experience difficulties in school and have poor performance in assessments of motor, verbal and cognitive skills. Moreover, they are likely to have a slow cognitive development, limited problem solving skills, lack of conflict resolution skills, aggressive attitudes, and a rigid belief in gender stereotypes such as male domination.3. Long-term (Behavioral) Problems:

Studies indicate males exposed to domestic violence at a tender age are more likely to develop violent behavior; likewise, females are more likely to become victims.Effects Of Domestic Violence On Children – As Per Age Group:Unborn Child (Infants): 

Infants and toddlers learn through play and exploration, how to form secure attachments. If exposed to violence at this age, they learn that the parents are not likely to constantly respond to their needs which hinder the development of a strong bond between the parent and the infant. Thus, the child becomes afraid to explore their world, which interferes with play and slows down their learning process.

The effects to Infants include:


1. Emotional Effects: Hyper-excitability; Anxiety Tension and stress; Helplessness; Terrorized and Traumatized.
2. Cognitive Effects: Brain damage; Nervous system disorders and Developmental delays.
3. Physical Effects: Birth defects, forced abortion or miscarriage, low birth weight, premature birth, unwanted by parent and abandoned by parent.The effects to toddlers (children less than one year old):

1. Emotional Effects: Traumatized, jumpy, nervous, hyper-alert, anxious, stressed, and fearful; Emotional deprivation; and Strong need for safety.
2. Cognitive Effects: Unresponsive; Developmentally delayed.

3. Behavioral Effects: Colicky, excessive crying; Injuries and bruises; Chronic constipation; Eating problems; Sleep disturbances; Malnutrition; Digestive problems; Allergies/skin rashesPreschoolers (One To Five Years):Children at this age bracket have started learning how to express most of their emotions, including those of anger and aggression. Thus, children at this age living in situation where there is domestic violence can learn detrimental ways of expressing anger and frustration. Moreover they get confused with the mixed messages their parents are sending them; for instance, they are punished for talking rudely while their parents talk rudely to each other.

The effects to Preschoolers include:


1. Emotional Effects: Fearfulness; easily frustrated; anxiety; fearful of abuser; feels split between parents; hesitant and uncertain; low self-esteem, and feels powerless to protect self.
2. Cognitive Effects: Sleep disorders; disrespect for women; unable to focus; and developmentally delayed.
3. Behavioral Effects: Tantrums; models abusive behavior; mimics abuser’s behavior; parrots name-calling; bedwetting; spitting; acting out behaviors; slaps, kicks, punches, swears; tries to protect mother; protective toward younger children; breaks toys; bullies younger siblings; thumb sucking; and nervous habitsSchool-Age Children (Five To Twelve Years):

The children have a better sense of their own emotions and can also recognize the emotions of others. They are more conscious of their own actions and reactions towards violence inflicted to them and may worry about their father being jailed or their mother being harmed. This distracts the child development process which at this age revolves around social and academic success. They become distracted hindering their ability to learn in school. Moreover, they develop poor social skills and tend to pay more attention to negative responses from their teachers and peers and miss hearing positive responses leading to low self esteem. At this age group, the children begin to have multifaceted thoughts about what is right and wrong. Thus, they are more susceptible to learning and accepting biased, incorrect explanations to support violence.The effects to School-Age Children include:1. Emotional Effects: Cries easily or frequently; lack of trust; lack of normal feelings; feelings of despair; helplessness or hopelessness, lack of empathy or concern for others; and anger towards the parents, especially the mother.

2. Cognitive Effects: Learning disabilities or has special needs; suicidal thoughts; withdrawn or quiet; lack of focus and structure; attracted to cults or pornography; overly responsible or tries to be too adult; and lack of responsibility.

3. Behavioral Effects: Violence towards abuser; Destroys property; Tries to be in control; Violent acting out behavior; Perfectionism; Running away; Lack of boundaries and limitsAdolescents (Teenagers):These children are fully aware of what is right or wrong but have the need to have a sense of belonging. They experience similar problem that the school-age children undergo but at a higher level. They are characterized by secretive and guarded behavior about the situation at home and are also embarrassed of their family members. Thus, they do not invite friends over and are likely to spend most of their free time away from home. Aggression and Denial are the major ways of solving problems.

The effects to Adolescents Boys include:


1. Emotional Effects: Feelings of guilt and powerlessness; withdraws and shuts down; embarrassment and Shame; Needs to control; and Lack of friends.
2. Cognitive Effects: May drops out of school; school attendance problems; Suicidal thoughts; “Macho” attitudes; Thinks violence is okay in relationships;
3. Behavioral Effects: Uses violence to solve conflicts and problems; abuses alcohol and drugs; acting out behaviors; antisocial behaviors; suicidal; problems with relationships; self-harm behaviors; homicidal towards abuser; and sexual problems.The effects to Adolescents Girls include:

1. Emotional Effects: Distrustful of others or have trust issues; blames or hates mother; needy – wants to be taken care of and protected; restlessness and feelings of tension; Feels hopeless or helpless; Confused about role models; self-blame and feels guilt about abuse; manic-depressive and “Numbs out” emotionally.
2. Cognitive Effects: Looks for protection from a male figure; school work problems; Lack of self understanding; Lack of boundaries and limits; mimics or takes on others’ personalities; multiple or split personalities; and Problem with concentrating and focusing.
3. Behavioral Effects: Unable to function at home; Drug or alcohol abuse; Unable to function in relationships; Runs away from home; Pregnancy or early marriage; gets involved in prostitution; distorted perceptions of body and Eating disorders.

Author Bio:
Cally Greene is an online consultant for domestic violence lawyer at JoeyGilbertLaw. She likes blogging about Legal issues,Business law,Family Law and other Legal advice.
You can contact her via Twitter.

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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.

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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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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.

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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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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.

Categories
Child Custody Children Claims Domestic Violence

Signs that Your Child May Be Abused or Neglected at Daycare

child negligenceA daycare is a place where you expect your kids to be safe and happy while you’re away at work. You have to be able to instill trust in a daycare because they are spending just as much time with your children as you do, thus you expect them to protect your youngster. A neglected child is the last thing that you would expect at a daycare, but the sad truth is that some kids are either abused or neglected at daycares all across the country. The important thing is that you’re able to spot the classic signs of the abused or neglected child. Here are some indicative signs that your child may be abused or neglected at daycare.

Changes In Comfort Level Are a Warning Sign

Let’s say that your child has always been happy or even excited to be left behind at daycare. Suddenly, though, your child’s demeanor changes to the point where he’s anxious or reluctant to be left alone at daycare. That can be a very telltale warning sign of either abuse or neglect occurring at the daycare. If your child was abused or neglected at daycare, he’ll naturally exhibit these signs of fear when faced with the prospect of going back there.

Are There Any Unusual Bruises?

Another telltale sign that your child is the abused or neglected child at daycare is the mysterious appearance of bruises on his or her body. This is especially true if you leave your child at daycare with no bruises, and when you pick him up, there are noticeable bruises on his body. Of course, it is always a possibility that your child could have gotten some bruises from the typical play in which kids engage. However, a big, red flag ought to go off in your head if these bruises occur much too frequently.

Withdrawal Is a Suspicious Sign

Children are naturally outgoing, playful and highly energetic. That’s why a child who withdraws and becomes more reserved is suspicious, especially if this withdrawal starts to occur only after you’ve been leaving him at a daycare. A child who begins to become withdrawn could be doing so not only from physical abuse, but also from mental abuse, such as neglect during the time you leave him at daycare. If you see your child becoming more withdrawn, you should investigate.

Does Your Child Flinch?

Flinching is a sign of expecting something bad and forceful to happen. If your child unexpectedly begins to flinch when you do something harmless like raising your hands or arms, then that should also set off alarm bells in your head. If your child was ever hit at daycare, then they’ll develop the flinching reaction as a way to brace them self for what they expect to be another smack in their direction.

An abused or neglected child is an extremely serious issue, especially if it’s your child. Daycare is one of the last places on Earth in which you expect child abuse or neglect to occur, but it does happen from time to time. The best thing parents can do is to be vigilant and monitor their children for signs of abuse or neglect.

If you suspect your child has been a victim of neglect or abuse in their daycare, it is important to find a new daycare and seek the help of a legal representative.  Hardison & Cochran, Attorneys at Law are child care negligence lawyers located in North Carolina.  For more information about negligence and abuse at day care, visit the website at www.LawyerNC.com.

Categories
Child Support Children

Cerebral Palsy

Cerebral Palsy
One of the most common of all childhood disabilities, cerebral palsy, is a disorder which impacts the individual in many different ways. People who live with this condition experience difficulties in movement, motor skills, and muscle tone. Also commonly known as CP, the main cause of cerebral palsy is brain damage which happens in utero, during childbirth, or very shortly after childbirth – in some rare cases, cerebral palsy cans be from brain injury which occurred before the child researches 5 years old. Causes of CP are varied and sometimes unknown; BBC Health points out that some causes include an infection during the pregnancy of the mother or fetus can cause this disorder – other factors include fetal injury in the womb and during childbirth, and infant seizures.

Facts About Cerebral Palsy

  • Cerebral palsy is the number one most prevalent motor disability in children
  • According to the CDC, an average, 1 in 303 children are diagnosed as having cerebral palsy by the time they are 8 years of age
  • African American and Caucasian children suffer from CP at a much higher rate than Hispanic children
  • Boys are 1.2 times more likely to have CP than their female counterparts
  • 40% of children with CP also have a mental disability
  • 35% of people who have cerebral palsy also have epilepsy
  • 1/4 of children with CP actually have both a mental disability and epilepsy
  • Babies born prematurely and/or of low birth weight are more likely to have CP
  • A twin is 5 times more likely to have cerebral palsy
  • Children conceived through IVF are 1.6 times more likely to be born with CP
  • Medical costs for children with only CP are ten times more than a child without a disorder
  • Children with cerebral palsy and mental disabilities will face medical costs which are 26 times higher than a child without either

Signs and Screening

Sometimes symptoms of CP are not clearly visible or easy to pinpoint. Signs of this disorder are not as cookie cutter as they can be with other conditions; each person may have completely different symptoms than the next person. Most commonly, cerebral palsy will start to raise questions around early infancy; when a baby fails to meet developmental milestones, parents often start to become concerned. Babies with CP often miss important markers for rolling over, sitting up, crawling/scooting, and walking. Less obvious signs in infants are abnormal postures, underdeveloped muscle tone, and twitching – these signs might only be noticed by a doctor with experience in this area. Most experts will agree that the earlier a child is identified as having CP, the better. Diagnosis is also very important for families of these children as they will then be able to receive help for care of the child through insurance and certain government programs. Diagnosing a child involves monitoring & screening for developmental cues, and medical evaluations.

Getting Treatment

While there is no cure for CP, there are treatments which can help the individual manage their symptoms. Intervention treatments and programs have proven effectiveness for both children and adults suffering with cerebral palsy. Common treatments include speech therapy and physical therapy, both of which are usually carried out through adulthood. Learn more about research and prognosis for cerebral palsy on the National Institute of Neurological Disorders and Stroke’s webpage.

Salvi, Schostok & Pritchard P.C. is a Cerebral Palsy injury law firm located in Chicago, Illinois. For more information, please visit us at www.cerebralpalsyinjuries.com.

Categories
Children

School Bus Accident Statistics

School Bus Accident StatsAccording to an in-depth research study conducted in 2008, the National Highway Traffic Safety Administration estimates that approximately 142 people die every year due to an accident involving a school bus or other vehicle used as a school bus. Of these reported casualties, 72 percent were drivers or passengers in vehicles other than the school bus involved in the accident. The remaining percentage of victims are primarily school-aged children, drivers and bus monitors, with nearly half of killed children falling within the five- to seven-year-old range.

What are the Causes of School Bus Accidents?

While the reasons behind school bus accidents and their resulting injuries, death and damage vary from case to case, there are a few very common causes that have been observed since buses took over as the primary mode of transportation for school-aged children.

  • Driver Error – A large number of school bus accidents have been attributed to driver error, distraction or other complications that inhibit driving ability under a certain set of circumstances. Due to the growing number of accidents associated with distraction of the driver related to cell phones, mp3 players and other hand held devices, numerous laws have gone into effect regarding their use. In most areas of the United States today, the use of a mobile phone for calling or texting purposes is outlawed within a certain radius of elementary, middle and high schools during peak travel hours. Bus drivers themselves are prohibited from using a cell phone or portable music player while operating the bus.
  • Vehicle Malfunction – Mechanical problems with engine, transmission, tires, hydraulics and other integral systems can result in a variety of dangerous issues that cause loss of control and crashes all over the country. Proper inspection and routine maintenance of all buses on a school’s fleet is mandatory in order to ensure the safety of students, school staff, pedestrians and other motorists on the road.
  • Old or Defective Equipment –  Although the presence and use of seat belts in private and business vehicles is mandated by state law throughout the country, hundreds of thousands of school buses are still allowed to transport children to and from home every day without any restraint system whatsoever. Even in buses that have been equipped with proper seat belts, hundreds of children are injured due to faulty belts, buckles or seats. Continuing support and demand for improved safety systems in school bus fleets has managed to make a slight difference in schools that possess the funds and means to update their buses. Schools in less prosperous areas, however, often find it difficult, if not impossible, to provide their students and their families with the peace of mind that seat belts and quality safety equipment have to offer.

Approximately 17,000 children are hospitalized or treated in an emergency facility every year due to an injury sustained while on or near a school bus. Replacement of out-of-date vehicles and accessories can help bring this number down significantly, allowing school children, their families and school administration officials to feel more confident in the transportation system that millions of people rely upon every day. If your family has been negatively affected by an accident directly related to school bus use or malfunction, you may be entitled to legal and financial recourse. An experienced personal injury attorney will assess your case and determine the most effective course of action to obtain compensation.

Janet, Jenner & Suggs, LLC is a Cerebral Palsy law firm located in Baltimore, Maryland/Columbia, South Carolina/Asheville, NorthCarolina. For more information, please visit www.cerebral-palsy-injury.com.

Categories
Family Law

Can a Parent Waive Their Child’s Right to Sue?

Most people are aware of the fact that they may not be able to sue for a personal injury if they sign away their rights on a waiver. This often occurs if an adult is getting a tattoo or taking part in an inherently risky activity such as skydiving. The law becomes grayer in this area when it comes to minors. Minors cannot enter a legally binding contract in most instances, but that doesn’t necessarily mean that a parent can sign a contractual waiver on behalf of their children. The law is extremely complicated in this instance, so it is all the more important that parents understand exactly how these laws affect them and their children. 

Can a Parent Waive Their Child’s Right to Sue?

The answer as to whether or not a parent can waive their child’s right to sue is a resounding ‘no’ in some instances and a reluctant ‘yes’ in others. Our injury lawyer New York firm indicates that most states uphold a minor’s right to seek damages in personal injury situations and will not consider waivers signed by parents as a relinquishment of these rights.

There was a recent case in New Jersey where a twelve-year-old boy’s parents signed a waiver releasing a skate park from liability if the boy was injured. The minor was subsequently injured and had to undergo two surgeries, but the courts found that the boy could still file suit since his parents didn’t have legal grounding to sign away his rights. This does not mean, however, that a parent never has legal grounding to sign away this right.

Several courts throughout the country have recognized certain exceptions in relation to the signing of waivers. These exceptions usually relate to schools, community based organizations and non-profit organizations. These community programs often have minimal resources and would likely not be able to continue functioning if they frequently faced personal injury lawsuits. Since these programs are deemed necessary for a community’s enrichment, they are a common exemption to rules regarding waivers and minors. Parents also have the right to sign waivers when it comes to their child’s medical care for the same reason.

What Happens If a Parent Waives Their Child’s Rights?

In instances where parents can legally sign away their child’s rights, such as within community organizations, the child or parent will have no recourse for legal compensation. A Florida appeals court, for instance, found that a mother who had signed a waiver had no grounds to sue her son’s school after he was injured participating in a school sponsored fire rescue program. The court concluded that this school activity fell under a common exception which allows parents to sign away their child’s right to litigation.

When a parent signs a waiver that isn’t related to one of the aforementioned community organizations, the waiver is virtually void when it comes to a minor’s litigation rights. Several companies, however, have recently smartened up and included an ‘arbitration clause’ within their waivers. These arbitration clauses mean that even if the parent cannot legally sign away their child’s rights to recovery, a company can require that the matter be handled through methods other than court litigation if specified in their waiver. The New Jersey court that heard the aforementioned skate park dispute found that an arbitration clause did not violate the minor’s right to file a claim; it simply provided an alternative forum.

Whether or not a parent has legal standing to sign away a minor’s right to seek damages for a personal injury is one of the most complex areas of contractual law. It becomes obvious that there are certain situations, such as in a school setting, where these releases are necessary to allow an educational institution to create a hands-on learning environment without facing legal recourse. In most cases, however, parents don’t have the legal right to sign away their child’s right to recompense, so many waivers signed by parents have minimal effect in the real world.

Author Georgina Clatworthy is a former legal blog editor and contributes this post for The Perecman Firm, an injury lawyer New York group which provides experienced legal counsel for those dealing with personal injuries.  They understand the pain and distress injury cases involving children can bring and work with their clients to ensure their rights are protected.

Categories
Family Law

Teen Parties in Your Home: What You Need to Know

Entertaining your teen’s friends in your home can be a great way to keep a close eye on your child. You get to be the fun parent that allows your teen a place to party with their friends. Now, while it sounds like an ideal option to keep your kid home on the weekends, there are some serious liabilities that you face when your home is opened up to partying teens. As a responsible parent, entertaining teens can be easy, fun, and safe, but is important to remember that anytime you have people on your property there is potential liability. Teens create a special liability because the law expects adults to maintain a reasonably safe environment with some level of supervision.

Drunk-Driving Accomplice

One of the things people forget about personal liability is that your responsibility might not end when a partygoer leaves. If a teen has been drinking at your home, especially if you provided the alcohol, whether or not it was meant for their consumption, and they injure someone while driving home, you could be held liable for the damages to both parties. The law would consider you a “social host,” and therefore, you could be considered liable. You can avoid this issue by ensuring that you have no alcohol in your home if you are going to entertain teenagers. There have been cases where a parent, trying to be “cool,” provides the drinks for a teen party and ends up facing financial liability and prison time for being a party to a drunk-driving accident.

Let’s Get Ready to Rumble

Some teen parties end with people fighting. Teens are notorious for their drama and jealousy. If a fight happens in your home, and someone ends up injured, the law might hold you financially accountable. According to www.personalinjurylawyersny.net, if a court finds that you should have provided more supervision, you could have a personal injury judgment on your hands. This can cause your insurance rates to increases substantially. It is best that you be there so you can quell any confrontations before they get dangerous.

Accidental Injuries

Parties are meant to be a good time. Swimming pools and playground equipment can enhance a party, but they also enhance your personal liability. Now, the law does not expect any party host to be 100% responsible for the behavior of their party guests. However, when teenagers are involved, the law does expect there to be an appropriate level of supervision.

What is an appropriate level of supervision? Well, that all depends. If the teens are older, such as 18 or 19, the level of supervision can be minimal. These are adults, and the law expects them to use ordinary care in their lives. If they are 13-17 years old, however, it is best to use caution and provide full supervision while they are in your home.

Personal liability should not stop you from having parties if that is what you enjoy. However, some simple precautions can save you a lot of financial and legal trouble. Be aware of who is there and keep the party size to a minimum. If there are troublemakers, get them off your property. You can entertain, have fun, and protect yourself all at the same time.

Anthony Joseph is a contributing author for www.personalinjurylawyersny.net, a site which provides information to injured victims who have been in accidents.  You can have access to personal injury attorneys and legal professionals in the New York area, and receive information needed to pursue compensation for your injuries.

Categories
Children

Was Your Child Attacked by the Neighbor’s Dog? (Guest post)

(US law and generally0 Dogs have always been referred to as “man’s best friend”, and this saying usually holds true. Unfortunately, they are still animals and at times may attack a person. A dog bite can be a very serious injury, and sadly, the majority of these attacks happen to children. Any parent whose child is attacked by a dog needs to take action immediately. Most dog attacks are not fatal, but it is still imperative to handle the situation correctly. Once a parent knows their child is safe, they should take steps to make sure the dog’s owner is held liable for the damage their dog caused.

Take Care of the Child

The utmost important thing for a parent to do after a dog attacks their child is get immediate medical help. Even if the dog bite doesn’t seem that serious, there is a great chance of infection and possibly even rabies. The dog should also be reported to law enforcement and animal control services. In South Carolina, a dog that bites a person is required to be quarantined for ten days at a veterinary clinic. During these days, the dog will be monitored for rabies. This will give everyone an idea of whether or not a child needs to be given a rabies vaccination.

Collect Information

Any time a child is bitten by a dog the parent should do their best to gather as much information as possible. The first thing to find out is where the dog lives and who its owner is. It is strongly recommend that pictures be taken of the injury as well as any torn clothing. This will be very important if the necessity arises to get reimbursement for medical bills from the owner. A dog owner can sometimes even be held criminally liable if serious injury occurs, so these pictures may also help law enforcement. A parent should also get the names and contact information of anyone who witnessed the incident.

Contact a Lawyer

Contacting a lawyer is very important, even if a child’s injuries are not life-threatening. South Carolina attorneys Howell & Christmas point out that the state has a strict liability stance on owners whose dogs bite other people. This means that if a person is in a public area or lawfully on private property and is attacked by a dog, the dog’s owner is liable for the injuries, even if it occurred in their own yard. This does not apply if someone is bitten due to breaking the law or provoking a dog. It is also important to remember that a child can suffer future serious psychological issues related to dogs due to this attack. If a parent waits until these issues become apparent, they may not be able to sue for any counseling bills their child may require. This is because the statute of limitations on these cases is only three years. Contacting a professional attorney quickly will ensure a parent can cover their child’s medical bills, any lost income due to having to care for their child’s injuries, and any future medical bills that may arise from the attack.

Any owner whose dog attacks a person is liable for that attack in most states. Even if a child’s injuries are minimal, a parent should still contact an attorney. No parent should have to pay a doctor bill that was caused by another person’s negligence. Taking action against a careless dog owner is also usually the only way that the owner will start taking their dog owner responsibility more seriously. In the end, having a competent attorney will ensure that a person doesn’t have to pay for injuries caused by another person’s disregard, and handling the issue correctly may ensure that other children don’t become victims of that particular dog.

Katie Hewatt is a legal researcher and contributing author for the legal team of Howell & Christmas. This group of personal injury lawyers also specialize in dog bite cases. They take each case seriously, no matter how severe the injury is, and will help you receive the compensation you deserve for pain, medical bills, emotional stress, and scarring.