Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696

The Claimant was injured when she was walking along a path in a park and tripped over an exposed tree root. At first instance it was found that the tree root rendered the path dangerous and defective. This finding was not disputed on appeal. The question before the Court of Appeal was whether she had a valid claim against the Defendant Council, who were the owners and occupiers of the park. Whilst the Claimant’s particulars of claim included allegations of common law negligence, these were not pursued at trial. Her claim could only succeed if she established a cause of action for breach of statutory duty under section 41 of the Highways Act 1980 on the basis that the path was a highway maintainable at public expense.

The park had been constructed as a public park in the early 1930s by the Defendant’s predecessor. The paths were constructed by the Defendant or its predecessor, and predated the Highways Act 1959. The Defendant’s records did not list the park as a public right of way. However, the public had enjoyed unrestricted access to the park. The Defendant’s predecessor had been the highway authority for the area at the time when the park was constructed, although the Defendant denied that it was acting in that capacity when constructing the paths in the parLord Justice Bean considered the law on highway maintenance, and section 36 of the Highways Act 1980 in particular. Section 36(1) provides that highways which were maintainable at public expense under the earlier Highways Act 1959, continue to be so maintainable. A highway can be created by statute, or by dedication and acceptance. Dedication can be express, deemed by the operation of s 31 of the Highways Act 1980, or inferred by common law. To fall within s 36(1), the Claimant had to prove that the path had been dedicated before 16 December 1949. Bean LJ also considered s 36(2)(a), which provides that highways which were constructed by a highway authority are maintainable at public expense.

On first appeal, Waksman J, found that the path had been constructed by a highway authority and saw “no reason of language or logic for an additional ‘capacity’ requirement” as was contended by the Defendant. Contrary to the judgment of Waksman J, Lord Justice Bean found that the path did not constitute a highway maintainable at public expense for the purposes of s 36(2)(a) of the Highways Act. He referred to and agreed with the reasoning and conclusions of Neuberger J in Gulliksen v Pembrokeshire County Council [2002] QB 825, regarding the interpretation of s 36(2)(a): “the notion of ‘a highway constructed by a highway authority’ means ‘a highway constructed as a highway by a highway authority in its capacity as such'”. Bean LJ accepted the Defendant’s contention that its predecessor was not acting in its capacity as the highway authority for the area when it constructed the path. Accordingly, the path did not fall within s 36(2)(a).

Bean LJ proceeded to consider whether the path had been dedicated as a highway before 16 December 1949, and so fell within s 36(1). There was no evidence of express dedication, however there was ample evidence to support the implication or presumption of dedication at common law. The evidence established that the park was opened in the early 1930’s and that the path was laid out soon afterwards. Ever since that time the public had had unrestricted and uninterrupted access to the paths. It was accepted that the common law presumption of dedication was retrospective, as held in the Privy Council decision of Turner v Walsh (1881) 6 HL 636. Thus, the dedication “is deemed to have occurred at the beginning of the period of continuous user, not at the end of it“. Accordingly, the path was deemed to be dedicated since the early to mid-1930s, well before December 1949. The path therefore fell within s 36(1), providing the Claimant with a valid cause of action for breach of statutory duty under s 41 of the Highways Act 1980.

Singh and Macur LJJ agreed.

July 23, 2020 · Editorial Team · Comments Closed
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Gregory v HJ Haynes Ltd [2020] EWHC 911 (Ch)

The Claimant was a roofer employed by the Defendant from 1959 to 1971/2. His case was that during his period of employment he was required to work with asbestos containing materials and was exposed to dust. As a result, he developed pleural thickening which gave rise to a respiratory disability. He was at risk of mesothelioma and asbestosis.

The limitation period started running when the Claimant became aware of his disease in November 2008. He contacted solicitors in March 2009. His solicitors were unable to identify any relevant insurer covering the period of the Claimant’s employment, notwithstanding several checks and enquiries. In November 2013, the details of the Defendant’s insurers were uploaded to the Employer’s Liability Tracing Office database. This was not known to the Claimant or his solicitors at the time, but was later discovered in the course of another client’s claim in September 2014. In March 2015, the Claimant’s solicitors sent a letter of claim to the Defendant’s insurers. The Defendant company was also restored to the register for the purposes of other litigation. The Defendant acknowledged receipt in April 2015 and requested a witness statement. A statement was provided in November 2016. In January 2017, the Claimant also disclosed a medical report. In September 2017, the Claimant’s claim was issued.

District Judge Bell, exercising the jurisdiction of a circuit judge, declined to grant the Claimant’s application to extend the limitation period applicable to his personal injury claim, pursuant to section 33 of the Limitation Act 1980. The Claimant appealed, and submitted that the judge wrongly considered the claimant to be culpably responsible for a period of delay during which he did not know, and could not find out, whether the Defendant company, then dissolved, had insurance for the period of his claim.

Mr Justice Mann heard the appeal. He observed that this was an appeal from the exercise of discretion and that “the decision should therefore only be impeached if it betrays an error of principle, takes into account an irrelevant factor or fails to take into account a relevant one“…

Analysing the decision of District Judge Bell, Mr Justice Mann found that it had been an error to hold that the delay between March 2009 and September 2014 had been culpable. There was nothing more that the Claimant could realistically and sensibly have done during this period, given the dissolved and apparently penniless Defendant. Reasonable searches had been made and issuing a claim before restoration of the defendant company would not have been sensible. It was clear that in performing the balancing exercise under section 33, the judge had placed significant weight on the delay between 2009 and 2014 and the Claimant’s culpability in relation to this delay. The judge therefore took into account an irrelevant consideration which had a material effect on his ultimate decision. As a result, his final decision could not stand.

Mr Justice Mann proceeded to consider the Claimant’s application afresh. He observed that the section 33 exercise involved three key elements, namely delay and its reasons, prejudice to the parties and the possibility of a fair trial. There were also separate considerations under section 33(3) to consider. He made the following findings:

• Delay and its reasons:

o Up until 2014, the delay caused was not culpable.

o The period of delay between 2014 and 2017, had been culpable and inexcusable. The letter of claim ought to have been sent sooner and the claim should have been issued long before it was.

• Prejudice:

o The main prejudicial effect was likely to be the loss of evidence over the years, resulting in difficulties for the Defendant to meet the claim. However, it was not appropriate to consider the adverse effect of the total period of delay. The court had to consider the effect on the Defendant’s evidential position, only of the period of culpable delay from 2014 to 2017.

o By 2014, all the real prejudice to the defendant had accrued. The same was likely true for the Claimant’s evidential case.

• Fair trial

o District Judge Bell had found that a fair trial was still possible, and Mr Justice Mann accepted this view.

In his concluding remarks, Mr Justice Mann found that if the Claimant had commenced proceedings in 2014 or the beginning of 2015, the application to extend the limitation period would have been highly likely to succeed. The balance of fairness would have been in his favour as he would have sued at the first reasonable opportunity. Instead the claim was brought in 2017, for no good reason. Whilst the Defendant’s evidential position had probably not worsened during this period of delay, there comes a point at which the Claimant’s own delay will make it unfair to extend the period. This case came close to that point. However, the delay was attributable to the Claimant’s solicitors rather than the Claimant himself, and it was not quite enough to deprive him of the opportunity to pursue his claim.

Accordingly, the Claimant’s appeal was successful.

May 19, 2020 · Editorial Team · Comments Closed
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What to do If Your Are injured Due to a Medical Malpractice

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The doctors that swear by giving the best to save a person’s life can sometimes be the sole proprietors that end up hurting you. Even if it an accident on their side, an injury caused by malpractice of a medical practitioner is still an injury that can leave you in a distressed state for life. For which you need to stand up and fight for your rights. Get the reimbursement you’re entitled to and receive better treatment for yourself.

The process of claiming malpractice by a doctor in the USA may be lengthy and challenging, for which hiring a lawyer may be your best bet. You need to gather all your courage and be ready to face any counterattacks by the practitioner by these tips.

The Claims You Can Present to the Court

The process of the court administering the claims by you about your practitioner may be complicated and needs several proofs in order to rule the other party guilty of it. Four things come into placing a claim with the courts. First, you need to present to the authorities that you actually had a relationship with the doctor who was treating you. This can be done through documents you had received by the doctor on your appointments. So be sure to take extra care of them.

Second, you will be asked the most basic question from the court that if the doctor was in fact neglecting or not? To prove this, they will supply you with a professional with the same background as your previous doctor. If it is ruled out, the practice was neglecting you can proceed.

Then comes time for you to prove that the damage you received was caused by the malpractice of the doctor and wasn’t present priorly. Again you’ll have to take help from a practitioner to rule it out.

Lastly, you will need to provide proof that the malpractice caused you to end up with a severe injury that the doctor can be sued for.

Some Requirements for a Case

Bring in your symptoms soon to the court after getting them. It’ll be believable for them and have them start the process earlier. If a case is brought any later than two years, then the court will not be responsible for it. Prepare and bring with you an authority that can defend you in court with their experience. The court will make a panel to rule out your claim for which you need to be ready and present your proof systematically.

When Can You Bring a Doctor to court?

 You have the right to make a claim on a medical practitioner if you have been mistreated. But before you do find out that your claim is reasonable and has the power to be backed by the court. Hire a notable attorney from sites like https://HarrisPersonalInjury.com/san-diego/ and take their help for ruling out which claims apply and which don’t. If you were wrongly diagnosed and ended up getting hurt from that treatment, you have a chance of winning the suit. If you were treated using the wrong tools and implements a procedure wrongly or negligently and if you the doctor, didn’t provide you any feedback on the care of your procedure and the possible side effects, you can sue.

But make sure that the symptoms of the malpractice are one the following:

  • Physical Pain
  • Mental Illness
  • Loss of funds due to repeating of procedure

February 18, 2020 · Editorial Team · Comments Closed
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What to look for when hiring a medical malpractice lawyer

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Medical negligence is a problem, across the world. People are fallible. Even experienced medical practitioners can make errors that lead to their patients suffering from lifelong health issues. Then there are medical firms who release products that, in the end, do more harm than good to a significant percentage of patients. The issues with surgical mesh products are just one recent example. 

So, it is not really surprising that so many people end up filing a malpractice lawsuit. In the USA alone, on average 17,000 medical malpractice lawsuits are filed every year.

Why hiring a good lawyer is so vital

For those who believe they have been a victim of medical negligence, suing is a time-consuming and draining process. So, the last thing they want is to end up losing their case.

Relevant experience is essential

Hiring a good medical malpractice lawyer is the best way of avoiding this outcome. Only someone with the right level of experience can fully understand the ins and outs of a case and come up with compelling enough arguments. 

The more relevant the better

The more relevant their experience is to someone’s situation the more likely it is that they will be able to do this. For example, if you had surgical mesh implanted to repair a hernia or prolapsed organs and are now in pain because of it, look for a lawyer who has dealt with these cases before.

They will already have an in-depth understanding of the various types of surgical mesh that are available. Importantly, they will also be familiar with how they should be used and the issues that have arisen with each of the different types. 

A lawyer like this has already found expert witnesses they can turn to in order to bolster and prove your case. They can, therefore, proceed with your case at a much faster pace and are more likely to win it for you.

Check their qualifications

Before hiring any type of lawyer, you should go to the bar association website and check their qualifications. Surprisingly, an awful lot of people do not do this. As a result, some of them end up being represented by a fake lawyer. This article explains how to avoid getting caught out in this way.

Speak to the lawyer face-to-face before hiring them

Before signing on the dotted line, it is wise to meet the person who is going to represent you. Potentially, this could be done via a video chat. But, usually, it is better to meet him or her face-to-face. In this scenario, it will be much easier for you to pick up on their body language. This will help you to be sure that you feel comfortable with them. 

Lawsuits take time. They are complicated and there are several steps that you have to go through, where you will be working closely with your lawyer. So, you need to be sure that you like them and can communicate with them effectively. Above all else, you need to feel that you can trust them. The best way to determine if they are right for you is to meet them face to face.

November 18, 2019 · Editorial Team · Comments Closed
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Why and how to hire a specialist medical lawyer

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If you are suffering from a medical condition that has been caused by the negligence of others, there is a good chance that you could qualify for compensation. However, you do need to be careful to hire the right lawyer in the USA.

It does not matter whether you are involved in a mesothelioma cancer lawsuit or a vaping-related case you need the best possible legal counsel. This short guide will ensure that is exactly what you get.

Two reasons hiring a medical lawyer usually makes sense

Technically, it is possible to file a claim against a company or another person without the help of a lawyer. But, in reality, the chances of your claim succeeding are very slim indeed.

Even if the other party did agree that they were at fault, they are highly unlikely to say so. They may agree to make a deal with you. But, the level of compensation they will be willing to pay out is likely to be very low. A properly qualified and experienced medical case lawyer will almost certainly secure a far bigger payout for you.

If you are ill, you also need to think about whether you will have the strength to see your case through. Leaving things to a good lawyer enables you to focus all of your emotional and physical reserves on taking care of your health. This will help you to live as full a life as possible.

Hiring the right one for your case

Once you have decided that you do need a lawyer, it is important to spend a bit of time finding the right one for the job. It is rarely a good idea to go out and hire the first one you find. Here are a few things you need to find out and take into account before making your final decision.

How relevant their experience is to your case

Medical compensation cases are very complicated. Proving that your disease or condition came about as a result of someone’s negligent behavior is rarely easy. If there is any chance that your health issues developed naturally this will be used against you.

So, you need a lawyer who has experience of securing compensation for people with your medical issues. The more experienced they are the better things are likely to go for you. A lawyer who has dealt with medical cases before will easily be able to find expert witnesses, people whose testimony will bolster your case.

The right qualifications

Regardless, of what type of lawyer you are planning to hire you should always check that they are qualified. The best way to do this is to visit the bar association website for the relevant jurisdiction. This list will help you to do that.

Hire someone you feel comfortable with

It is also important to hire someone that you feel happy dealing with. Having a good working relationship with your lawyer will really help your case.

Hiring the right lawyer means you can relax and let them handle most of the stress. So, it is best not to rush the hiring process. Speak to several lawyers before you decide which one to use.

November 8, 2019 · Editorial Team · Comments Closed
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Newham London Borough Council v Arboleda-Quiceno QBD (Lambert J) 31/07/2019

In 2015, the Claimant injured his knee whilst playing football on an AstroTurf pitch in the local authority’s recreational grounds. He alleged in a pre-action letter that the injury had occurred due to a hole in the AstroTurf, and that the Defendant had breached its duty of care by inadequate inspection and maintenance of the pitches. The Claimant’s injuries included a fractured tibia and ongoing pain. It was stated that the Claimant required an arthroscopy and further investigation. The estimated value was in excess of £50,000. The Defendant’s insurer corresponded with the Claimant, and admitted liability. In 2018, particulars of claim and a schedule of loss were filed, claiming nearly £3 million due to chronic pain, unemployment, ongoing disability and the potential need for future surgery. The local authority applied to withdraw the admission, and denied liability on the basis that the claim was fundamentally dishonest. It was alleged that the Claimant had jumped and landed awkwardly, and that the accident had happened on a different pitch from the one alleged by the Claimant.

The Master considered the application on the papers, and applied the factors set out in CPR PD 14 para 7.2. She found that prejudice to the Claimant and the interests of the administration of justice supported a rejection of the application for withdrawal. She also found that whilst the local authority’s defence of fundamental dishonesty had a realistic prospect of success, the evidence supporting it was weak and contained inconsistencies. Further, she found that the Claimant’s claim had not fundamentally changed since the pre-action letter. It was not different in size or character, notwithstanding the amount claim being increased. On this basis the Master refused the Defendant permission to withdraw the pre-action admission by its insurer. The Defendant appealed.

October 10, 2019 · Editorial Team · Comments Closed
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Cerebral Palsy: Knowing your Legal Rights

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Cerebral palsy has a significant impact on a person throughout their life. And without proper legal rights, the harsh world would make it much more difficult for them to survive. However,the legislation that governs the rights of persons with cerebral palsy has crafted ways for them to be treated right under the law. They, increasingly, have more opportunities to live productively and participate in society. Knowing your legal rights, as a person living with cerebral palsy, will go a long way in making life more comfortable.

The Legal Rights

It is necessary to know and understand the legal rights that protect the interests of persons living with cerebral palsy. The Americans with Disabilities Act (ADA) grants rights to every  person  living with cerebral palsy to have equal opportunities to public accommodations, employment, transportation, state and local government services, and telecommunication.

Right to Public Accommodation

Public accommodations cover public, private, and nonprofit entities that own, lease or operate facilities like retail stores, restaurants, hotels, private schools, movie theatres. Others include conventional centers, homeless shelters, doctors’ office, transportation depots, daycare centers and recreation facilities. Right to public accommodation according to ADA requirements, means that persons living with cerebral palsy have the right to enjoy all the public facilities, activities, events, and more. That is, every public place should adjust to fit the needs of persons living with cerebral palsy whether it means installing a wheelchair ramp, bus lifts, or ability to access classrooms. Discriminating a person living with cerebral palsy to access any public amenities, participating in events and activities may lead to a lawsuit.

Right to State and Local Government activities

The ADA states that regardless of Federal funding or entity size, every person with cerebral palsy has the right to benefit from all activities, services, and programs. These include employment, public education, health care, recreation, courts, social services, town meetings, and voting. The local and state governments are required to follow the laid down architectural standards in every new construction and to alter older buildings, to accommodate the needs of persons  living with cerebral palsy. Additionally, they should communicate effectively to people with vision, hearing, and speech disabilities by making reasonable modifications, practices, policies, and procedures.

Right to Public Transportation

Public transportation covers public rail transit (commuter rails, subways, and Amtrak), and city buses. The public transportation authorities should not discriminate against people with cerebral palsy in providing safe and accommodating transport services.

They should have wheelchair accessibility on their open vehicles and ensure paratransit when operating a fixed-route rail and bus system. Paratransit service means picking and dropping individuals who cannot access conventional transit system independently due to mental or physical impairment.

Right to Education

The education rights of children with cerebral palsy require that every public school accommodate them without any discrimination. They should receive free and appropriate public education within the least restrictive environment that’s appropriate to cater to their individual needs.

Public schools are also required to develop Individualized Education Programs (IEPS) to fit the needs of every person  living with cerebral palsy.Each of the related services and special education on each child’s IEP should reflect their personalized needs. The Individualized Education Programs must be developed by knowledgeable persons and reviewed annually. The team should include the parents, the teacher, and an agency representative qualified to supervise and provide provisions of  special education. The child may be present, but only if it is determined to be appropriate, while any other representatives can be included at the discretion of the agency and the parent.

Right to Employment

For any employer with 15 or more employees, they should provide individuals with cerebral palsy, qualified to take a particular position, with employment. Additionally, they should be

provided with all the benefits and opportunities accorded to all the other employees.

For example, they should not be prohibited from promotion, pay, training, or social activities due to their disability. The employer is also required to make reasonable accommodation for such an individual, during the interview process. They should also restrain themselves from asking questions about the person’s disability before making a job offer.

Housing Rights

According to the Fair Housing Act, it is prohibited to deny an individual with cerebral palsy access to housing. The coverage includes local and States government housing, houses under Federal financial assistance, and private housing. Whether it is in the aspect of renting, buying, selling, or dwelling.  Discriminating against persons  living with cerebral palsy is unlawful. The law also covers housing financing, zoning practices, advertising, and even new construction designs.

Additionally, housing rights requires that the house owners provide facilities and make exceptional policies to accommodate people with cerebral palsy and give them equal housing opportunities. For example, a landlord who has a “no pets” policy may be required to grant an exception in the case of a service animal. The exception to such rules needs to allow persons  living with cerebral palsy to keep their guide dog. Rentals are also required to allow disabled people to have easy access to their buildings. Houses should have ramps, large and accessible doors, large use areas, big bathrooms, and kitchens to allow easy maneuvering of wheelchairs.

Air Carrier Access rights

The Air Carrier Access Act gives people with cerebral palsy the right to travel to any part of the world without discrimination. The act is both for local and foreign air carriers to provide and accommodate people with disabilities. The law requires that the airline assist persons  living with cerebral palsy when boarding, deplaning, and during transfers. However, it’s crucial to provide at least 48hours notice to the airline for them to facilitate accommodation, transport and respiratory services for their clients.

Health Care Rights

A person with cerebral palsy has right to non-discriminatory, community-based, and accessible health care services and coverage. Medicaid plans should provide community-based behavioral services to all disabled persons. The act also advocates for federal and state health care policies and ways that adhere to the needs of a disabled person, promoting stronger community integration.

Rights to Telecommunication Relay Services

A person living with cerebral palsy has a right to television and telephone access.The telephone companies are required to establish secure intrastate and interstate telecommunication relay services 24/7. Such relay services enable people with speech and hearing disability to communicate effectively with others through a third party communication assistant.

Federally funded service announcements, are required to have closed captioning.

The 1996 Telecommunication Act requires that manufacturers of telecommunication should have usable gadgets for persons living with disabilities. It ensures people with cerebral palsy enjoy services and products like pagers, cell phones, operator services, and call-waiting services.

Knowing your legal rights as a person  living with cerebral palsy goes a long way in making your life more comfortable and enjoyable. Learn more about your legal rights from government agencies, NGOs, and various organisations that advocate for the interests of persons with disabilities. Don’t be left behind, know your rights!

September 16, 2019 · Editorial Team · Comments Closed
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Buster Angus Stark v Tabitha Lyddon [2019] EWHC 2076 (QB)

On 29th August 2016, a road traffic accident occurred when the Defendant turned right, out of a car park, across the path of the Claimant’s motorcycle. The Claimant T-boned the Defendant’s car at the rear offside passenger door. The Claimant was thrown over the top of the car, and landed some way down the road, sustaining severe injuries to his right dominant arm, which removed all function in that arm.

It was agreed that cars exiting the car park had to give way to traffic established on the road, but were allowed to turn right from the exit. Some 130 metres from the car park exit, the speed limit on the road dropped from 40mph to 30mph. The Claimant had no memory of the accident, but had approached the scene in the eastbound lane. The Defendant’s account to the police on the day of the accident was that she had waited for traffic from her right to pass her at the exit, and had pulled out when “there was absolutely nothing” to her right. She then felt an impact behind her, almost at the rear seats. Her witness statement provided a similar, although more detailed, account.

CCTV footage of the collision showed the Defendant’s car slowing down to walking pace as she drove towards the exit. When she approached the Give Way lines, her brake lights came off and she accelerated gently and drove across the eastbound lane. The motorcycle, positioned in the centre of the road, came into view as the Defendant’s vehicle had reached the middle of the road. The Claimant then applied emergency braking, and the Defendant’s brake lights came on. The Defendant did not indicate her right turn at any point.

The parties’ accident reconstruction experts agreed on nearly all issues, including the following: the Defendant did not come to a halt or stop at the Give Way lines; the Defendant’s line of sight at the Give Way lines would have been 130 metres along the eastbound lane; her sightline when her vehicle was 2 metres from the Give Way lines was shortened to between 70 to 80 metres by a hedge; the Claimant’s speed at impact had been 55mph; had the Claimant been riding at 40mph, slowing down to 30mph as he passed the 30mph sign, he would have had sufficient time and distance to avoid the impact. There was also independent evidence from a motorcyclist who had observed the Claimant, to the effect that he was driving irresponsibly and far too fast.

September 15, 2019 · Editorial Team · Comments Closed
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Nursing Home Abuse is On the Rise

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Elder abuse is a heart wrenching issue—one that is unfortunately on the rise, even in our watchdog of a modern society.  Statistics have shown that nearly 5 million elders suffer from abuse each year with one study reporting 24% of nursing home residents experiencing at least one instance of physical abuse.  According to the Center for Disease Control and Prevention (CDC), “elder abuse is a significant public health problem” and 1 out of every 10 people age 60 and older experiences various forms of neglect and exploitation.

Nursing home abuse can manifest in numerous ways: physical abuse, the infliction of pain or injury; sexual abuse, inappropriate touching or sexual activity with an older adult who cannot consent, does not consent, is threatened, or forced; emotional abuse, verbal threats, harassment, and intimidation; confinement; passive neglect in which a caregiver fails to provide an elder with necessities; willful deprivation, denying an elder necessities outright; and financial exploitation, the abuse or withholding of the older adult’s resources.

The reality of nursing home abuse can be faced on a criminal level, and in fact, many states have implemented laws that penalize those who have victimized older adults.  For older adults who have faced abuse, their risk of death increases by 300% compared to those who have not been abused.  Because of these startling statistics, elder justice laws have been set in place, varying state by state, and there are attorneys who specialize in taking on these cases, seeking out justice for older adults who have experienced any type of nursing home abuse.

Warning signs can arise in older adults differently, depending on which form of nursing home abuse is inflicted.  Your loved one may demonstrated signs of nursing home neglect such as bedsores, poor hygiene, a change in emotional responsiveness and alertness, withdrawal, or becoming argumentative or terse.  Physical abuse can appear in the form of bruises, pressure marks, broken bones, or scrapes or abrasions, indicating clear signs of mistreatment or neglect.  Nursing home abuse can appear as financial abuse as well, when suddenly the older adult has unexpected changes in their finances or valuables.

Preventative steps can be taken, like seeking legal advice early on to ensure financial stability and protection, searching for a reputable nursing home with a qualified staff, and staying connected to trusted family members, the community, and friends. An attorney can also assist in establishing a living will, cementing your medical and health care decisions with legality, and be an extra pair of eyes to any documents or paperwork that require signing.

Nursing home abuse is an under reported issue plaguing our society, our loved ones, and as we age, it will eventually affect us as well.  According to the American Society on Aging in 2012, nearly 87% of Adult Protective Services (ASA) saw an increase of the number of reports and caseloads of elder abuse over the previous five years.  ASA also reports that the direct expense that amounts from financial exploitation of an older adult was estimated to be $2.9 billion in 2011, an astounding 12% increase from 2008.

At Aronberg, Aronberg, and Green, our team of experienced, seasoned attorneys have accomplished history in elder and nursing home abuse cases, ensuring that our clients and their loved ones see the justice they deserve.  We are finely tuned to the Florida laws on the types of elder and nursing home abuse, fortified with years of successful settlements, claims, and casework, and driven by a passion to find a meaningful conclusion for our clients’ and their loved ones’ difficult situations.

June 4, 2019 · Editorial Team · Comments Closed
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Top 3 Reasons Why You Need to Have a Motorcycle Attorney on Standby

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In this modern era, you are at liberty to use what pleases you when moving around. Technology has made a lot of things possible such as making high quality motorbikes. Motorbikes have become common due to their benefits. One of the major benefits is the fact they are convenient; this is according to thoughtco.com. Imagine if you could avoid being stuck in traffic for hours at a time, wouldn’t that be convenient? People with motorbikes find it very easy to go around traffic and arrive at their destination without wasting time on the road. Don’t forget that these modern motorcycles can also navigate through narrow roads which a car cannot. In addition, motorbikes have less fuel consumption. Basically, they are preferred by many due to their benefits. Despite their benefits, some motorcycles get involved in accidents from time to time. The accidents might result from careless driving or even from ignorance from other drivers. When such situations occur, you have to find a way to repair your motorbike. You need to understand that sometimes you might not be the one on the wrong. This means that the person who hit you should take responsibility. If by any chance they refuse, you might need to hire a motorbike accident attorney for the following reasons:

  1. Case evaluation

One of the first advantages you will enjoy once you have a motorcycle lawyer is that he or she is able to evaluate your case and come up with evidence to support it. He or she is there to give a different perspective. This is a perspective you might not be able to see until you have a third party. If you have the required evidence, then chances are you might win the case in court. Another important point you need to know is that the motorcycle accident lawyers have friends like detectives who are able to help him or her gather evidence that will favour your case.

  • Settlement

How many times have you heard of people settling their cases out of court? This has become a common thing because court cases take time to be processed. Sometimes, the person that you are suing might not have that patience, thus they would prefer to sit with you at the same table and come up with a permanent solution that will benefit the two of you. A motorcycle attorney is there to make sure that the settlement you agree to is fair considering the damages suffered. Sometimes, people can take advantage of you if you happen to show up without a lawyer.

  • Legal representation and complication of the law

The other good thing about having a motorcycle attorney is that he or she takes care of your court appearances. If anyone involved in the accident wishes to address you, he or she will have to go through your lawyer. Your lawyer will also be there to advise you on what to agree to and what not to agree. Your lawyer will always show up for emergency meetings that you are required to be present. Basically, you can continue with your daily life as the lawyer represents you legally. In addition, don’t forget how complicated the law is. It might require you to hire someone to just be interpreting it for you. To save yourself that hassle, just get yourself a motorcycle attorney.

January 28, 2019 · Editorial Team · Comments Closed
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