How to Prove Damages in Nursing Home Abuse Cases

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Nursing home abuse cases have become common in the US. Every year more than 2 million cases are reported across the country. Around 10 percent of elderly individuals experience some type of abuse in nursing homes.

If you’re filing a nursing home abuse lawsuit for your elderly loved one, you must know exactly what is considered an abuse in the context of nursing homes, and also how to prove damages in the court. This will be a focus of this article.

Understanding Nursing Home Abuse

Nursing home abuse means intentionally causing injury or harm to a patient that results in physical or emotional pain. Here are some of examples of nursing home abuse:

Unreasonable confinement
Any punishment resulting in physical pain or impairment
Hitting
Slapping
Striking with objects
Pushing
Intimidation
Deprivation of goods and services that results in mental anguish

The caregiver should have carried out the above actions willfully, with the intention of causing physical or emotional harm to the patient. Physical harm also includes sexual abuse or non-consensual and inappropriate behaviors such as indecent exposure, undesirable touching, molestation, or rape.

In addition, nonverbal acts such as intimidation or attempts to harass and humiliate the individual are also considered nursing home abuse.

How to Prove Damages in the Court?

You must show hard evidence that clearly proves that the elderly individual suffered harm in the nursing home. The evidence should clearly prove the guilt of caregivers without any reasonable doubt. Proving the case is relatively easy in case the elderly individual had suffered physical injuries. You can show photographs of the bruises and other signs of abuse.

Unfortunately, not all abuse cases involve physical injury. Emotional abuse and intimidation are hard to prove in the court. You need to present testimonies of witnesses that could be other patients, psychologists, or medical professionals. Without the help of an experienced personal injury attorney, you will not be able to efficiently collect the required evidence.

A professional personal injury lawyer will help you marshal the evidence that will maximize the chances of a successful court outcome. The attorney will help you gather doctor’s reports, eyewitness testimonies, and security footage that will be sufficient to prove damages.

Contact Professional Personal Injury Lawyer in Inland Empire

If your senior family member has been a victim of nursing home abuse, you should contact a San Bernardino personal injury lawyer. Our personal injury lawyers in Inland Empire will evaluate your case and offer the best advice regarding your case.

We understand the pain and anguish suffered in case of nursing home abuse. That’s why our professional lawyers go the extra length to ensure that you get the best representation in court and also a successful court outcome.

7 Tips Every Alcoholic Needs to Stay Out of Trouble

By

Jessica Whitton

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7 Tips Every Alcoholic Needs to Stay Out of Trouble

Alcohol addiction is an unfortunate but real disease that affects about 8.3% of Americans. And often times, it comes with dramatic legal repercussions. Divorces, DUIs, and domestic abuse all have alcohol at their roots. However, there are ways to physically and mentally overcome the plight of alcoholism. If you are reading this article, you may be a recovering alcoholic looking for inspiration or tips to aid recovery. You may be someone who has a loved one in need of help. You may be an alcoholic who still has no idea about the seriousness of your condition.

On the other hand, you may very well know you have a problem but you do not want to be babied around. Instead, you just want a solution or new ideas. Whatever the case may be, this advice is essential for long term recovery from alcohol addiction.

Recognize The Symptoms Of True Addiction

The first step to recovery from addiction is recognition. Assess the intensity of alcoholism by observing the quantity of drinks consumed on a regular basis, and how this drinking affects daily life.

What is a Standard Drink?

A standard drink is 12 oz. of beer, 5 oz, of wine, or 1.5 oz. of liquor. Men should not drink over four drinks a day, or 14 drinks a week. Women should not drink over 3 drinks a day or 7 drinks a week.

Types of Alcohol Abuse

Those who frequently consume more than these recommended limits are victims of heavy drinking. Those who drink large amounts of alcohol in a short amount of time are victims of binge drinking. Full blown alcoholism means you are dependent on alcohol. You may be unable to stop drinking once you start, or you may feel withdrawal on days without drinking. Drinking may become a necessity rather than a luxury.

One sign of alcohol abuse is dramatic changes in mood or personality which affect your relationships. Once drinking begins to hinder your performance at work, create problems with your family, or affect your daily life in other negative ways, it is time to address the problem.

Understand The Negative Effects Of Alcohol

Drinking alcohol has its perks. Some drinks taste amazing. A slight buzz can feel wonderful. Drinking can be a fun social activity, and within moderation alcohol is a privilege. But consumed in large amounts, alcohol can damage the body and mind beyond repair. Those who overindulge in alcohol should be aware of how their body reacts to the substance.

Types of Bodily Harm

While intoxicated, alcohol can cause changes in personality, memory loss, lack of spatial awareness and decreased reaction times. Alcohol dehydrates the body, which leads to headaches, nausea, and disrupted sleep cycles. Long term drinking can even damage important organs and create serotonin imbalances, leading to depression, anxiety, and other mental health issues.

Cataclysmic Life Harm

You are almost guaranteed to know someone who has been charged with a DUI. In the best case scenario, they did not hurt anyone. Worst case, they were involved in an accident.

The best case scenario, the damage although detrimental, is still reversible. The worst case scenario or with a second DUI offense, you are looking at your life collapsing. From jail time to losing your driver’s license for multiple years. Not only is your income going to be butchered, but your family is going to be left helpless. In any case, if you are involved in a car accident, make sure to contact a personal injury attorney or local DUI specialist immediately.

Observe Your Surroundings

Acknowledge what causes your alcoholism to flare up. Environment often pressures people into drinking, so recognize what triggers your drinking and make adjustments. Maybe you have a group of friends who love to drink excessively, or maybe you always feel stressed after work and turn to alcohol for relief. In these cases, you may need to find new friends or a new job that can put you on the right path and encourage you to heal.

Seek Professional Help

As alcoholism continues to plague society, more and more people dedicate their time, money, and education into creating services that promote recovery.

Types of Professional Help

Rehab, therapy, and support groups such as Alcoholics Anonymous all exist to help fight addiction, or you can join a recovery fellowship with a sponsor for extra motivation to combat alcohol dependence. Also be sure to have a dependable attorney to help you sort through any physical injures, vehicle accidents, or other misfortunes that may occur due to over-intoxication.

Never feel ashamed or embarrassed to ask for help.

Recognizing your illness and showing genuine interest in recovery is a commendable act, and people will be proud of you for initiating a change in your life. Trust and listen to those who are trying to help you such as your therapist, psychiatrist, doctor, or even close friends and family who want the best for you.

Find New Passions

Life is full of beauty, excitement, and opportunities for joy. Distract yourself from drinking with other things that bring you happiness.

Get creative

You can try anything from social activities like sports, book clubs, and community groups, to solo activities like reading, writing, and learning an instrument. Take up yoga or fitness classes. Try painting, sculpting, anything that sparks creativity. Learn a new language, research topics you find interesting like politics or social issues.

Set Goals

Occupy your headspace with ideas and goals that will make you a productive member of society. If you are unemployed, find a job so you can contribute to the economy and feel the accomplishment of hard work. Once you begin to enjoy life, you will find that alcohol is not necessary.

Be Honest and Open

Recovering alcoholics often worry about what others think. People may judge you for your addiction, they may think you are not trying hard enough to recover, they may think you have no chance of bettering yourself. Negative thoughts may flow all around but you cannot let them affect you.

Be honest with yourself and others.

Pretending to be perfectly healthy when you are not will only hurt you in the end. Everyone copes with addiction in their own way, so never compare yourself to others. Express your emotions and insecurities freely so others can try to understand, and express your eagerness and desire to heal. Showing transparency into your thoughts and emotions will make you more comfortable with yourself, and therefore more confident in your ability to recover.

Focus On An Overall Healthy Lifestyle

Imagining a long, happy and healthy life works as great motivation for short term recovery goals. Going to the gym instead of going to the bar, or meditating to distract the mind from withdrawal symptoms are small victories that will add up.

Promote physical, mental, and spiritual health

Focusing your efforts on physical health, with a balanced diet and regular exercise will encourage you to better yourself and put alcoholism behind you. Also focusing on mental health and spiritual awareness can help you find purpose in life without alcohol. Some people turn to religion for a spiritual escape, while others turn to nature for inspiration.

Every situation is different so find what works for you and dedicate yourself towards finding health and happiness. Repair and nurture relationships with loved ones and surround yourself with people who promote positive thoughts. However you choose to tackle the road to recovery, you will never regret the transition into a healthy lifestyle.

Another Drunk Driver Takes A Life In San Bernardino

By

Justin King, Esq.

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In an article by The Press-Enterprise, a pedestrian was struck and killed in San Bernardino early Jan. 28, 2018. The victim was walking eastbound on Baseline Street, west of University Parkway, in San Bernardino when a driver in a 1999 Infinity Q45 struck the man and then crashed into an Edison pole. The collision happened just before 5 a.m., the suspect has not been publicly identified but was believed to be under the influence of alcohol when the incident occurred. The suspect fled the scene but was later caught by police. As for the victim, he was found dead at the scene in the vehicle.

The loss of a family member can be devastating and very financially damaging for a family. It is a whirlwind of grieving and planning for a funeral, which can be a tough process to navigate through, especially if one does it alone. Alcohol is one of the leading factors in vehicle collisions and it is not un-common for those accidents to result in someone losing their life. So many lives have been lost because other drivers on the road have felt like they were okay to drive even though they may have known they were above the legal limit. Driver’s need to remember that alcohol and prescription pills can affect the stableness of a driver, and in one quick second a life could be changed forever.

Unfortunately a live was lost in the incident described above, and now the family has to try to plan a funeral while fighting for the victim’s rights with a wrongful death suit. Even though the person is deceased, wrongful death claims can still be pursued on their behalf. The family has every right to go after compensation for the damages that the negligent driver caused. While there will likely be criminal charges in criminal court, that does not mean a personal injury or wrongful death claim cannot be initiated. Trying to navigate through a tough time like this on one’s own can be very difficult. However, hiring an attorney can lift some of the weight as they can help sort out the legal side of things and bring in more compensation rather settling with insurance companies. Attorneys can file claims, go after settlements, and even go to jury trials to advocate for your case. It is important that the victim’s family finds an experienced attorney that has the background knowledge and history in these types of cases to ensure the best outcome will be achieved for their cases. Do not do it alone, this can be a confusing and troublesome time if you try alone you may be giving up compensation that is due with accepting initial offers from insurance companies.

If you have lost a family due to another negligent driver’s actions it is best that you do your research and find an attorney that will dedicate their time and best efforts to help you receive the compensation you deserve. Justin H. King is an experienced personal injury attorney that represents victims in wrongful death claims. The Law Offices of Justin H. King provides representation for victims involved in serious and traumatic accidents that occurred in the Inland Empire and surrounding. Mr. King vigorously and compassionately represents his injury victims against insurance companies as he has achieved numerous six and seven figure results for his clients.

How to Terminate A Probation Sentence Early in the State of New Jersey

By

Joel Smith

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When an individual has been criminally convicted, one possible form of punishment is that of a probation sentence. While a probation sentence may seem much more lenient than imprisonment, it nonetheless carries distressing consequences for the criminally convicted individual.

When a person has been given a probation sentence, it is possible to obtain an early release from that probation for the individual. Under the State of New Jersey, judges have the legal authority to release individuals from a probation sentence before the expected date of completion. With the submission of an application from the defendant’s probation officer, the defendant, or the motion in itself, the court may discharge a defendant from a probation sentence at any given time.

Petitioning for an Early Termination of a Probation Sentence

Petitioning for an early termination of a probation sentence is not a simple proceeding. The process often entails detailed drafting and filing of important documents, done so in a timely manner. Further, a hearing before a judge is often required when petitioning to have a probation sentence terminated early in New Jersey.

One of the most important factors to consider when petitioning for an early termination of a probation sentence is to have the entirety of all fines paid off. Further, in order to be considered, most petitioners are required to have had completed his or her court ordered classes and other required treatments if there were any as part of the conviction. It is also important to keep in mind that when an individual is considering this petition, he or she will have a greater opportunity at being considered if the petitioner has completed at least half of the probation sentence. While length of probation completed is not a set number, the closer to completion the better. It will provide the court with more time to evaluate your actions within the terms of probation.

Other Elements That Can Affect a Petition

Unfortunately for many petitioners, having a decent current standing is not enough to satisfy the court for an early termination of a probation sentence approval. The defendant’s criminal background will also play a role in determining if the application will be approved. Other noteworthy elements include the defendant’s age at the time of the incident, the nature of the offence committed, and whether or not the defendant has complied with all of the conditions of his or her sentence.

When filing for a petition, it should be noted that defendants have a greater chance of being approved for an early termination of the sentence if his or her probation officer has recommended the petition. In order to obtain a good standing with a probation officer, it is vital that the petitioners had maintained appropriate behavior throughout the duration of the probation.

How to Legally Change Your Name in the State of New Jersey

By

Katherine O'Brien

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From a legal perspective, your name is a very important part of you. So important, in fact, that a simple misspelling of your name on a government document can have severe implications in your life. To further illustrate, having a misspelled driver’s license can obstruct your:

Job opportunities
Ability to cash a check
Opportunity to receive government aid

While not all people have misspelled documents, there are a multitude of reasons as to why you may find yourself filling for a name change. The following are the two most common reasons why a person desires a name change.

Most people petition for a name change when they are either getting married or divorced. The method of changing your name for either of these two circumstances is slightly different than the traditional court process.

Changing Your Name When Getting Married

One of the most common reasons to change a name happens during marriage. Fortunately, when people apply for a marriage certificate, this legal document serves as legal proof of the name change. Once you have been married and obtain a marriage certificate, you can easily make changes to all your other documents such as your driver’s license or your Social Security Card.

Changing Your Name When Getting Divorced

While going through a divorce can be stressful and time consuming, petitioning to change your name during divorce proceedings in New Jersey is not. In the state of New Jersey, you can change your name within the same documents you are filling when petitioning for a divorce.

The Road to a Successful Change of Name – The Court Process

The process for filing for a name change outside of marriage and divorce in New Jersey is a fairly lengthy and difficult process.

When petitioning for a name change in the State of New Jersey, you may begin to do so in your local Superior Court. With this petition, an affidavit is required. An affidavit contains important information about you. It will contain your name, Social Security Number, and date of birth, among other details. Once you have submitted these documents, the following will take place:

You will need to publish a notice of your name change in a local newspaper both before and after the hearing;
You will need to submit proof to the court that you notified interested parties; and
You will need to appear before a judge at a hearing.

It is important to note that these above steps in the name change process are time sensitive. Understanding these requirements can prevent any prolonged delay in the process.

If you have been successful and the change of name was granted, you will then submit a copy of your final judgment to the State of New Jersey Registrar of Vital Statistics as well as to the State of New Jersey Department of Treasury.

Petitioning for a change of name can have positive implications in your life but it can also be a lengthy and challenging process should you be unfamiliar with the process and fail to complete each requirement. Hiring an attorney can ease the process and perhaps shorten the application time frame, saving you both time and money. Katherine O’Brien is an experienced attorney who has helped many people successfully change their name in the State of New Jersey. If you or someone you know is petitioning to have a name change, the Law Office of Katherine O’Brien can help ease the process.

All Employees in California Have Rights at Work

By

James DeSimone

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In this article, we’ll discuss the rights that every employee in California has regardless of your position or length of time employed. Over the 30 plus years that we’ve been working with employees, we have helped people learn and vindicate their most basic rights at work.

Protected Activities & Rights at Work

Keeping copies of signed documents – When getting hired for a job, you are typically told to sign paperwork. This paperwork usually includes arbitration clauses and confidentiality agreements. It is a good idea to get a copy of every paper you sign so if problems arise down the road, you are clear about what their expectations are, and you can better evaluate how you will handle disputes.
Having a copy of the employee manual – In most cases, an employer will require you to know everything that is listed in your employee manual. If that is the case, you are entitled to have your own copy whether it is a hard copy or online manual.
Discussing working conditions – It is your right as an employee to report unfair or unsafe working conditions. If you have concerns about safety conditions or believe certain policies are unfair you have every right to discuss those issue with your colleagues and direct supervisor. If you have been prohibited to do so, there is a chance that your employer is breaking the law.
Discussing Pay & Wages – While it’s often an unwritten rule that you’re not supposed to discuss your pay with your co-workers, it’s actually a right protected under the National Labor Relations Act, enacted in 1935. This means that private-sector employees have the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” This basically means that conversations involving salary & compensation packages are fair game for discussion.
Receiving overtime pay after 40 hours of work – As an hourly employee in the state of California, you must be paid time and a half for any hours worked over eight hours a day or forty hours in one week. Employers will sometimes try to classify certain employees as salaried in order to get around paying overtime. By, classifying an employee as “salaried”, the employee may end up working over 40 hours while off duty and without overtime pay.

While we’ve discussed the rights all employees have, this does not mean that employees have the right to do whatever they want at work. There are many times that employees will engage in activities at work thinking they have the right to, but can ultimately lead to legitimate trouble with their employer. Knowing what you aren’t protected from is as critical as understanding the rights you do have at work.

Non-Protected Activities at Work

Arguments with a co-worker – You would think that getting into an argument with a co-worker may not have anything to do with your employer, but at the end of the day you are being paid to do a job. Whether talking about politics, immigration, education, or any other topic, disruptive arguments that impede work flow or negatively impact co-workers should not be occurring in the workplace.
Complaining about your job – Discussing dangerous or unfair working conditions is your right. However, publicly complaining about your job, customers, co-workers or management at work can get your fired. You always have a right to free speech, but your employer doesn’t have to keep you employed if they feel you are bringing down morale of coworkers or are negative about your job or your employer. Do not post anything negative about your job on social media. And if you have a legitimate complaint, consult your employee handbook and put that complaint in writing through the proper channels.

If you feel your rights have been violated or serious concerns arise at work, make sure to contact an experienced employment attorney for help. As an employee, you have rights and at V. James DeSimone Law, we work diligently on behalf of clients whose workplace rights have been violated. Call us today for a consultation at 310-693-5561.

Understanding Nursing Home Abuse

How to Prove Damages in the Court?

Contact Professional Personal Injury Lawyer in Inland Empire

Protected Activities & Rights at Work

Non-Protected Activities at Work

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