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5 Warning Signs of Nursing Home Neglect

July 12, 2017 by David R. Heil, PA

Protecting Your Loved Ones in Their Most Vulnerable Years

More and more commonly studies are revealing shockingly high reports of nursing home abuse and neglect. Abuse both physical and psychological can have a detrimental impact on the well-being of senior citizens who are often already struggling with many difficult age-related ailments. You should always consider speaking to an Orlando personal injury attorney immediately if you suspect that your loved one is the victim of nursing home neglect or abuse, but recognizing these problems can be difficult when so many nursing home patients are incapable of speaking up for themselves. Keep watch for these 5 common warning signs that your loved one may be neglected or abused:

Poor Hygiene

A personal injury attorney in Orlando will most frequently see cases of elderly neglect more than abuse. Although the impact is not directly deliberate, victims of nursing home neglect often suffer an immediate decline in basic hygiene. When nursing homes become badly understaffed the workload for the remaining employees becomes stretched too thin and employees overlook important necessities in order to cut corners. The elderly and disabled often need daily assistance with bathing, grooming, and changing bed linens, tasks that quickly become neglected if the appropriate staff is not available. If you start to notice a shabby appearance, body odor, bed sores, or unkempt sheets, these symptoms are all signs of a serious issue.

Poor Nutrition

Maintaining a proper diet is crucial to the well-being of many struggling with age-related illnesses. Your loved ones will require proper nutritional care if they are to avoid serious and sometimes fatal health problems. Unexplained nutritional deficiencies are often the result of both abuse and neglect and must be immediately remedied before critical health issues follow.

Unexplained Injuries

Bumps, bruises, and breaks can quickly exacerbate the already weakened immune system that may often accompany old age. Do not be afraid to consult with an Orlando personal injury attorney if a nursing home injury seems unusual, suspect, or irresponsible. Many elderly patients are a known fall risk and are prone to breaking bones and damaging skin tissue than younger patients. Any “accident” is the responsibility of staff and doctors to correctly anticipate and prevent.

Emotional Changes

Victims of abuse in any situation will often develop emotional trauma that noticeably changes their personality and behavior. Some victims will experience anxiety, stammers, and confusion, while others simply withdraw or develop other atypical personality changes. Abusers will often provoke their victims with fear, making them reticent to speak up or ask for help.

Staff is Aloof, Dismissive, or Unhelpful

It is not unreasonable for staff to perhaps refer you to the doctor or request a moment to find the answer to any questions you pose. However, if the staff becomes increasingly avoidant to your questions or simply outright refusing to be of assistance, this may be a sign of a bigger issue. If the doctor and staff are unwilling to communicate with you, they may feel differently after a call from an Orlando personal injury lawyer.

Always Go With Your Gut

Nursing home abuse is a tragic occurrence that continues because so many of the victims are unable to speak up for themselves. If you feel as though something seems wrong, you are probably right. Do not hesitate to consult with any personal injury attorney in Orlando if the care of your loved ones seems inadequate.

Understanding Product Liability

June 16, 2017 by David R. Heil, PA

What is Product Liability?

When a consumer is harmed due to the defective nature of the product, in many cases the manufacturer or seller can be held liable. Just as with any lawsuit involving an Orlando personal injury lawyer, when the negligence of another person results in injury or distress to you and loved ones then due compensation for medical bills, missed work, damaged property and more must be paid. Manufacturers and retailers of every industry are morally and legally required to take responsible actions in ensuring the quality and safety of their products. There are no unavoidable “accidents”. If a defective product causes you harm, speak to a qualified injury attorney in Orlando regarding your rights.

Famous Product Liability Cases

Knowledgeable personal injury attorneys in Orlando, FL and throughout the country are familiar with these famous product liability cases that have shaped current legislation as we know it today.

Escola v Coca-Cola Bottling Co. of Fresno

This famous lawsuit involved a waitress in 1944, who suffered from lacerations and muscle damage when a glass Coca-Cola bottle exploded in her hands. The Supreme Court of California ruled in favor of the plaintiff, setting the precedent of responsibility in the hands of manufacturers.

Blitz Gas Cans

After 46 years of operation as the country’s leading gas can producer, Blitz Gas Cans was finally forced out of business when unable to keep up with the numerous product liability lawsuits against them. The cans had a problem of exploding when poured over an open flame, and several people were badly burned and injured. Although the company attempted to avoid fault in claiming misuse on the part of the consumer, lawyers were able to argue that the cans should have been made with safety shields to prevent such explosions.

Sacramento Kings v Ledraplastic

In 1998, a player on the Sacramento Kings broke his arm when an exercise ball exploded under his weight. Because the ball failed to hold to its warranty of 600 pounds, the manufacturers were quickly held liable. Ledraplastic ended up paying out millions of dollars not only for medical expenses but for missed wages of the player who was no longer able to perform.

Liebeck v McDonalds

This infamous case made headline news when the judge awarded a shockingly high reward in favor of the plaintiff. A customer suffered third-degree burns and succeeded in her claim of product liability because the restaurant served their coffee unreasonably hot. There was evidence presented at the trial that McDonald’s was aware of prior similar burns for the coffee being too hot, but chose not to reduce the temperature for fear that coffee sales would drop. The blatant disregard for safety proved excessively negligent, and the ruling held firm.

How is the Manufacturer Proved Negligent?

Your personal injury attorney in Orlando will prove product liability with one or more of these three crucial arguments:

Negligence

If a vendor or manufacturer is fully aware of the potential risks of a product but makes no attempt to remedy or warn the consumer then there is an obvious case of negligence. The infamous McDonald’s case, for example, was largely backed by the fact that the location had been previously warned of dangerously high serving temperatures.

Strict Liability

Strict liability holds manufacturers responsible for the safety of their products, even if there is no negligence involved. The exploding Coca-Cola bottle was an unanticipated event, but the plaintiff was still unfairly harmed and deserved compensation.

Breach of Warranty

Even if it is only implied, all products all sold with the understanding the item is not defective or unsafe. For cases like the Ledraplastic exercise ball, the product’s inability to withstand normal expected use was a cause for liability.

5 Most Common Summer Injuries

June 7, 2017 by David R. Heil, PA

Staying Safe in the Sunshine State: When to Call an Orlando Personal Injury Lawyer

Florida in the summer is one of the most popular and most entertaining vacation choices enjoyed by families across the country every year. However, with the spirit of leisure often comes a habit of carelessness that can lead devastating accidents. These are the most common injuries reported to Orlando personal injury attorneys over the summer holidays:

Heatstroke

Children and adults of every age are susceptible to the threat of heat-related illnesses. In the excitement of the season, we often forget to rest, wear sunblock, and drink plenty of water. The state of Florida, with its record high heat waves and stifling humidity, is considered one of the most dangerous hot climates in the country.

Heat exhaustion, a condition when the body becomes so overheated that a stroke becomes imminent, is easily preventable, yet thousands of people are hospitalized every year for the symptoms. Employers, day care workers, and caregivers must be knowledgeable in the treatment and prevention of heat-related illnesses. You may need to consult with a qualified personal injury attorney in Orlando if you or a loved one suffers a heat stroke after neglectful care.

Burns

Lighting up the grill is a treasured American pastime, but wherever fire is involved safety must be exercised. The use of lighter fluids, hot coals, or propane can yield disastrous results, including severe disfigurement and costly property damage. Any experienced Orlando personal injury lawyer has seen the numerous life changing effects of victims injured by painful burns. Fireworks are also a common danger of summer holidays, both as defective products distributed by manufacturers and as improperly handled products by negligent party goers.

Yard Work Accidents

Landscaping during the hottest summer months is considered one of the most dangerous occupations, due to the increased risk of heat-related illness. The same risk is present for those choosing to complete their own yard work, especially when yielding dangerous equipment without proper safety accessories. Lawn mowers, edgers, chainsaws, and more require strict attention with every use, or someone could be injured as the result of careless behavior.

An Orlando accident attorney can assist with a variety of claims related to the type of accidents that occur during yard work. At times, a falling branch or dislodged rock can strike a person or damage property. If equipment is not safely stored, children can gain access to dangerous tools and injure themselves. All of these incidents result in serious personal injury claims.

Drownings

Drowning is the leading cause of death among children in the state of Florida. Whether at the pool, the beach, drowning deaths are a tragically high statistic every year. Sadly, these losses can be prevented with diligence and an astute attention to safety.

Auto Accidents

As the tourist season increases in popularity, automobile accidents are as dangerous as ever. Not only highway travelers but also cyclists and pedestrians are at risk for an incident involving a negligent driver. Major holidays like Memorial Day and the 4th of July will attract record numbers to the beach this year and with them the added danger of DUIs, highway fatigue, and distractions.

What You Do Not Know About Personal Injury Claims

April 28, 2017 by David R. Heil, PA

The Importance of Understanding Personal Injury Claims

Filing a claim for fair treatment after the negligence of another person or business has caused you harm is a frustrating task, even though Florida laws clearly state the rights of injured victims. Unfortunately, so little is known about personal injury law, and so much is misunderstood that people seeking fair compensation can be quickly overwhelmed and mistreated. Consulting with a knowledgeable personal injury attorney in Orlando may help you to overstep these common misconceptions that lead to failed claims.

Relying on the Insurance Company

Following a negligence related injury, many people blindly accept the direction of Personal Injury lawyer Orlando the insurance company, allowing themselves to be misled and encouraged to accept a minimal payment. Medical costs can be difficult to accurately assess, especially when treatment becomes an ongoing and long term problem. By the time you seek counsel from an Orlando personal injury attorney, it may be too late.

Adjusters, investigators, and attorneys representing your insurance company are looking out for the best interests of the insurer, not you. Insurance companies train their employees to be experts in personal injury, so they can quickly navigate through complex legal difficulties and use any possible means to deny a monetary payout. You should contact an Orlando personal injury lawyer as soon as possible to ensure that your interests are being properly protected.

Waiting to Hire an Orlando Accident Attorney

Most personal injury claims in the state of Florida have a 4-year Statute of Limitations. Additionally, the more time that passes as you struggle with the confusion of your insurance company, the more evidence disappears that may have been crucial to your case. In the best cases, many personal injury claims can be settled quickly out of court. However, if you wait too long before contacting a qualified personal injury lawyer to overview our claim, gather substantial evidence, and prepare a solid case for the maximum fair compensation, you may miss out on valuable opportunities that can costs you thousands of dollars or more.

Avoiding the Stigma of Lawsuits

When facing the possibility of a lawsuit, particularly involving a claim for pain and suffering, many people feel reticent to fight for a truly fair payout. Social stigma and media hype about “frivolous” lawsuits encourage the idea that only greedy people demand personal injury payments, and that negligent parties are merely business owners and everyday citizens being unfairly punished. This mindset is simply untrue. Hiring a personal injury attorney is not about gaining easy money; it is about the fair and legal reciprocation of medical costs, missed wages, and suffering that cannot be undone.

Most personal injury claims are not made directly against a driver or business owner but rather against the high dollar insurance company that protects these people from liability claims. Liability insurance protects both parties from the debilitating costs of personal injury claims. In reaching a settlement with assistance from an Orlando personal injury attorney, you can receive proper care and negligent parties are forced to recognize and correct wrongful behavior.

Boating Accidents vs. Car Accidents

March 17, 2017 by David R. Heil, PA

Boating accidents and car accidents are different, not only when it comes to the data about and nature of the accidents themselves, but also when it comes to the litigation aspect. Litigating boating and car accident cases differs based on assessment of jurisdiction and application of maritime law. This article will go over the way these differences work, as well as how these differences pertain to liability.

But first, a look at both:

Car accidents, as you may have guessed, are far more common than boating accidents. According to the CDC, accidents in general are the fifth leading cause of death in the U.S., with transportation accidents accounting for 32% of accidental deaths. Of those transportation-related accidental deaths, motor vehicle accidents or highway fatalities account for 93% of those.

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