CIVIL LITIGATION

WRONGFUL DEATH
ELDER ABUSE
BREACH OF CONTRACT
 

Personal Injury

Car accidents can be caused by inattentive drivers chatting on a mobile phone or reading a map. Some drivers that cause injuries can also be impaired by a medical condition, alcohol, or prescription drugs. We can investigate situations to discover the identities of the parties that could be at fault.

 

We understand how much energy and soul is needed to survive a traumatic accident. In case you have sustained serious accidental injuries, let’s look for compensation for your injuries, suffering, and pain. Let us secure payment for your medical costs, as well as lost earnings if you are unable to immediately return to work.

 

We are capable and willing to help you deal with these concerns, and we will put our expertise to work for you by talking with you about your case, explaining your legal options, and working with all the parties involved to conclude your case efficiently and thoroughly.

Wrongful Death

 

The death of a loved one can often be a very difficult time for the families of the person passing on. It is even more difficult when the person’s death was the result of the carelessness or negligence of another person. A premature death can result in emotional and financial hardship to a family due to losses of companionship and income.

Wrongful death claims often arise out of such situations as:

// Medical malpractice that results in decedent’s death

// Nursing home neglect

// Automobile or airplane accident

// Occupational exposure to hazardous conditions or substances

// Criminal behavior

// Death during a supervised activity

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The law permits a person to recover damages for grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. A claim may be maintained by the personal representative of the decedent’s estate.

Our attorneys are seasoned advocates who have brought numerous wrongful death actions to resolution. We are committed to representing our clients with dedication and passion.

Elder Abuse

 

Elder abuse is an umbrella term used to describe several different forms of abuse, neglect, and exploitation. Every year, tens of thousands of elderly Americans are abused in their own homes, in relatives’ homes, and even in facilities responsible for their care. Most often this abuse occurs at the hands of a person known to the victim – a relative, caregiver, neighbor, etc. Recognizing the signs of elder abuse is the first step toward bringing an end to it. Here are some signs to look for:

 

Physical Abuse
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// Unexplained signs of injury such as bruises, welts, or scars

// Broken bones, sprains, or dislocations

// Drug overdose

// Broken eyeglasses or frames

// Signs of being restrained, such as rope marks on wrists

// Caregiver’s refusal to allow you to see the elder alone

 

Emotional Abuse
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// Threatening, belittling, or controlling behavior by a caregiver

// Withdrawal and irritability of the elder person

Sexual Abuse
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// Bruises around breasts or genitals

// Unexplained venereal disease or genital infections

// Unexplained vaginal or anal bleeding

// Torn, stained, or bloody underclothing

Neglect
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// Unusual weight loss, malnutrition, dehydration

// Untreated physical problems, such as bed sores

// Unsanitary living conditions: dirt, bugs, soiled bedding and clothes

// Being left dirty or unbathed

// Unsuitable clothing or covering for the weather

// Unsafe living conditions

// Desertion of the elder at a public place

Financial Exploitation
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// Significant withdrawals from the elder’s accounts

// Sudden changes in the elder’s financial condition

// Items or cash missing from the senior’s household

// Suspicious changes in wills, power of attorney, titles, and policies

// Addition of names to the senior’s signature card

// Unpaid bills or lack of medical care

Healthcare Fraud and Abuse
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// Duplicate billings for the same medical service or device

// Evidence of overmedication or under medication

// Evidence of inadequate care when bills are paid in full

// Insufficient staffing

The law provides for civil remedies for those subjected to elder abuse. Elder abuse is also a crime and the law imposes obligations on certain individuals to report cases of elder abuse.

Breach of Contract

 

Contracts have become a part of everyday life. A contract is a legally enforceable agreement between two parties. Each party to a contract makes a promise to either perform a certain duty or pay a certain amount. Sometimes people fail to keep their promises or pay money that is owed. This is known as a breach of contract and the non-breaching party may be entitled to legal relief.

Generally, both written and oral contracts are legally enforceable. Ideally the terms of a contract are written down, however, an oral contract is often enforceable.

A breach of contract occurs when one party fails to fulfill their duties under the contract terms. The remedies available to the non-breaching party may include:

 

// Specific performance (the breaching party is required to perform the contract)

// Compensatory damages (compensate you for the economic loss caused by a broken contract)

// Liquidated damages (usually specified in the contract itself)

 

Contract law can be quite complicated. Our attorneys can help you navigate the procedural rules, collect the necessary evidence, and appear in court to be successful in your case. Further, our attorneys can help you negotiate the terms of a contract before you make or accept an offer.​
 

Breach of Nursing Home Contract:

A nursing home facility or other long-term care facilities can be sued for failing to honor the terms of the contract you signed when initially enlisting their services. Usually, a nursing home will enter into a contract with a resident, in which it sets out what services it will provide and the cost of those services. These contracts are often drafted by the nursing home or its attorneys in a manner that is more favorable to the nursing home.

 

Many nursing home contracts do not establish a strict standard by which the nursing home is to live by in caring for that resident. In addition, the contract usually will not provide that the nursing home must pay the attorneys’ fees of the resident or their relative who wins a lawsuit based on a dispute stemming from that contract.

 

If the conduct of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provides such services as are “reasonably necessary” for the resident’s well-being, but even under this standard, a nursing home can be found negligent if it failed to meet the basic needs of a resident.

 

A suit may be dismissed if it is not filed within a specific amount of time after the wrongful conduct occurred. Consult with one of our attorneys today to discuss your case.