Author: productionnye

Whiplash is caused by a sudden extension and contraction of the ligaments and tendons in the neck and shoulders. This injury can occur in a variety of accidents, but is most commonly associated with car accidents, usually rear-end accidents.

If the accident was caused by someone else’s negligence, you may be able to obtain compensation for medical expenses and other damages.

However, whiplash claims are often viewed with suspicion by insurance companies, judges, and juries. The steps you take in the immediate aftermath of your accident will go a long way in convincing insurers and others of the validity of your claim.

The Nye Law Group’s Savannah personal injury attorneys will advise you to take the following steps to help improve your chances of success:

SEEK MEDICAL ATTENTION IMMEDIATELY

Waiting too long after the accident to be seen by a doctor is sure to arouse suspicion among insurance companies and others about the truth of your injuries, particularly with whiplash.

Unfortunately, some people who suffer whiplash in an accident wait to seek medical treatment because they are not experiencing pain or other symptoms and they think they are OK.

In some cases, it takes up to 24 hours for people with whiplash to experience any symptoms. These symptoms can be masked by adrenaline and cortisol, which are released into the bloodstream after an accident.

Fortunately, trained medical professionals will know how to spot the signs of whiplash, even if you are not experiencing symptoms, which could include:

• Neck pain and stiffness
• Loss of range of motion in the neck
• Tingling or numbness in the arms
• Dizziness
• Fatigue
• Headaches
• Shoulder, upper back, or arm pain
• Worsening pain with neck movement

Some victims will also experience more severe symptoms such as blurred vision, sleep disturbances, difficulty concentrating, memory problems and depression.

FOLLOW ALL INSTRUCTIONS FROM YOUR DOCTOR

This further bolsters your claim by showing that you are truly injured and are doing everything in your power to recover.

If the doctor tells you to follow-up with a specialist, make an appointment as soon as possible. Take any prescription medications the doctor advises you to take.

If your claim is successful, you will receive compensation for co-pays and other out-of-pocket expenses related to your treatment.

FILE A CLAIM IMMEDIATELY

If the doctor diagnoses you with whiplash, you need to file a claim for compensation right away.

North Carolina, South Carolina, and Georgia are fault states, so if you suffered whiplash in a car accident, you can pursue compensation from your insurer, the at-fault driver’s insurer or a personal injury lawsuit.

However, it is usually best to start with an insurance claim, and if you are unable to negotiate a fair settlement, you can file a personal injury lawsuit. This applies to car accidents and other types of accidents.

When speaking with the insurance adjuster, stick to the basic facts and avoid discussing your injuries. The danger of discussing your injuries is that you will minimize them or talk about how much pain you are in. This could doom your claim or lower your compensation award.

The adjuster can review your medical records or speak to your doctor to get the details about your injuries.

COLLECT MEDICAL DOCUMENTATION

This is arguably the most important evidence in your personal injury claim. Medical documentation includes:

• Emergency room admission forms
• Medical charts
• X-rays
• CT scans
• Blood tests
• Doctor’s notes
• Records of follow-up treatments
• Other tests ordered by doctors

CONTACT A PERSONAL INJURY LAWYER

The attorneys at The Nye Law Group can carefully review your claim to determine all of your legal options. We can speak to the insurance company on your behalf and handle settlement negotiations so you can focus on your recovery.

We will advise you throughout the legal process, telling you what steps to take and what documents you need to build a strong case.

If we are unable to reach a fair insurance settlement, we are prepared to file a personal injury lawsuit to obtain the compensation you deserve.

Call our lawyers right now at 855-856-4212 or Live Chat with a representative.

Elderly financial abuse occurs when someone improperly or illegally uses an elderly person’s money, property or assets.

The media does not cover a lot of stories about financial abuse of the elderly, but it is a widespread problem, costing victims approximately $2.6 billion each year, according to a 2009 study from the MetLife Mature Market Institute and National Committee for the Prevention of Elder Abuse.

Nursing home residents are particularly vulnerable to financial abuse because they often have cognitive problems and are dependent on others to make decisions for them.

Residents may not monitor their bank accounts and other assets on a regular basis or at all. This can allow an abuser to steal or misuse the resident’s money or assets for a significant amount of time before the resident realizes or understands what is happening.

That is why family members and friends are often the ones who discover their elderly loved one is suffering financial abuse or exploitation at the nursing home.

If your loved one has been a victim of financial abuse, our Savannah nursing home negligence lawyers may be able to help. Contact our firm today.

TYPES OF NURSING HOME FINANCIAL ABUSE

Some of the most common forms of financial abuse of nursing home residents include:

• Forging the resident’s signature
• Stealing or misusing money, possessions or other assets
• Coercing or deceiving a resident into signing documents, including contracts or wills
• Improperly using conservatorship powers or powers of attorney

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• Cashing a resident’s checks without permission or authorization
• Misusing money that is designated to pay bills or other financial obligations
• Using credit cards or credit information to set up accounts

PERPETRATORS OF ELDER FINANCIAL ABUSE AT NURSING HOMES

Anyone who comes into contact with a nursing home resident or has control over them can commit financial abuse. However, financial abusers are often people who have close relationships with residents, including:

• Caregivers
• Nurses
• Other service and business professionals at the facility
• Family members
• Colleagues
• Friends

Family members, friends and colleagues are more likely to commit power of attorney abuse because they are often the ones who hold power of attorney.

Power of attorney is a written authorization for someone to act on another’s behalf if that person is incapable or unwilling to do so. This position makes it very easy to abuse that person’s finances. That is why residents’ families need to make sure the person who holds power of attorney is honest and can be trusted to responsibly manage the resident’s finances.

HOW TO SPOT FINANCIAL ABUSE

There are several tell-tale signs of financial abuse of a nursing home resident, such as:

• Unexplained transfer of money or assets to another individual
• Sudden changes in the resident’s will
• The resident begins living well beyond his or her means
• Checks are frequently written to a particular financial professional or caregiver
• Unexpected withdrawals from a bank account
• The resident is missing personal belongings
• The resident is reluctant to talk about routine financial issues
• The resident’s bank signature card contains additional names

HOW TO PREVENT NURSING HOME FINANCIAL ABUSE

There are several steps you can take to ensure your elderly loved one’s assets are not stolen or abused:

• Include several people in major financial decisions to help ensure one individual does not try to take advantage
• Check references before hiring caregivers
• Use automatic bill pay

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• Communicate with banks and other financial institutions and ask about suspicious financial activity
• Avoid hiring caregivers who attempt to constantly isolate your loved one

One of your loved one’s rights as a nursing home resident is to live free from any form of abuse or neglect, including financial abuse.

If you suspect that your loved one is being abused financially, you may have legal options. Contact our personal injury lawyers in Savannah for more information.

We can help put a stop to the abuse and hold the perpetrators accountable. We may also be able to obtain compensation to help you recoup your loved one’s financial losses.

Call 855-856-4212 or Live Chat with a representative.

Our Savannah veterans’ disability attorneys have compiled a guide to the five ways to establish a service connection to your disability:

DIRECT SERVICE CONNECTION

This means there is clear evidence of a connection between your disability and a documented incident during your service. For example, there would be a direct service connection between paralysis and a severe back injury suffered during a drill or training exercise.

If there are no records of the event, you can obtain statements from other veterans you served with to confirm what happened.

If you have evidence that your symptoms began before you were discharged, you usually do not need a medical opinion to establish a link between your service and your disease.

PRESUMED SERVICE CONNECTION

If you were involved in certain situations during your service and you developed certain disabilities, the Department of Veterans Affairs (VA) will presume a service connection.

For example, if you have Parkinson’s disease and were exposed to Agent Orange during your service, the VA will presume there is a service connection.

The VA would also presume a service connection for veterans who were prisoners of war for at least 30 days and developed anxiety, post-traumatic osteoarthritis or residual frostbite.

There would also be a presumed service connection if you were exposed to a nuclear testing site and developed certain types of cancer.

For the VA to presume a service connection, you must be at least 10 percent disabled. In addition, your disability must appear during a certain time period after your service. The time period varies depending on the disability.

Other diseases where the VA is likely to presume a service connection include tuberculosis, multiple sclerosis and Hansen’s disease.

PRE-EXISTING INJURY AGGRAVATED BY MILITARY SERVICE

Veterans can also establish a service connection by showing that their service aggravated a preexisting injury. An example would be a veteran who entered the service with a skin condition that was aggravated because he or she was exposed to certain chemicals.

However, the condition must have been listed on the veteran’s original medical exam when he enlisted. You also need evidence of an event during your service that made your disability worse.

If you do not have proof of an inciting event, the VA will assume your symptoms are a natural progression of your preexisting illness.

SECONDARY SERVICE CONNECTION

This refers to a secondary disability that was caused by the first service-connected disability.

It does not matter if the secondary disability is connected to your service. You just have to show that it would not have occurred if you had not suffered the first disability, which is connected to your service.

For example, there is likely to be a secondary service connection between peripheral neuropathy and service-connected type-2 diabetes.

However, you will need to have medical documentation showing that the secondary condition was caused or aggravated by a service-connected medical condition.

INJURY CAUSED BY VA HEALTHCARE

If a veteran is injured due to a treatment, hospitalization or rehabilitation by VA healthcare, the injury is deemed service-connected.

POST-TRAUMATIC STRESS DISORDER

You will need three things to show a service connection and obtain disability compensation for post-traumatic stress disorder (PTSD):

• A statement about a traumatic event that occurred during your service
• Medical documentation of a PTSD diagnosis
• A documented opinion from a VA psychologist or psychiatrist stating that the traumatic event was strong enough to cause PTSD

At the Nye Law Group, our skilled Savannah veterans’ disability attorneys will help you gather the necessary documentation to prove your medical diagnosis and establish a service connection for your disability so you can receive the benefits you deserve.

Contact us today to set up your free legal consultation so we can explain to you how we can help you throughout the claims process.

Fill out our Free Case Evaluation form or call us at 855-856-4212.

Have you been injured in a car crash caused by another driver?

Under Georgia’s fault-based insurance system, the at-fault driver is liable for any injuries or property damage from the accident.

That means you can contact the other driver’s insurance company to obtain compensation. You can still contact your insurance company, but they will seek compensation from the at-fault driver’s insurer.

No matter which insurance company you contact, they will assign an insurance adjuster to your claim. This person will contact you to review the accident and determine the value of the damages you suffered.

You should cooperate with the adjuster and provide information about the accident, including:

• Medical documentation of your injuries
• Police report
• Contact information of witnesses
• Property damage caused by the crash

However, there are several things you should keep in mind when talking to insurance adjusters:

• To the adjuster, the insurance company’s best interests are more important than yours
• Adjusters are trained to be nice to prevent you from hiring a lawyer
• Adjusters have no legal obligation to you
• An adjuster’s job is to minimize your claim

You have to be careful what you say because the adjuster can use it against you. Adjusters work for insurance companies and they want to spend as little of the company’s money as possible so they can look good on their next performance evaluation.

Do not let an adjuster convince you that your injuries are not as bad as they seem or you should accept a smaller settlement than you feel you deserve.

If the adjuster asks to record your conversation, politely decline. You are under no obligation to record the conversation and anything you say on the record could hurt your chances of recovering fair compensation.

If you feel overwhelmed at the prospect of handling negotiations with a claims adjuster, you should consult a skilled auto accident attorney. Our experienced Savannah car accident attorneys can handle negotiations with the adjuster, making sure your rights are protected and you receive all of the compensation you deserve.

If we are unable to obtain a fair settlement from your insurance company, we may be able to file a personal injury lawsuit against the at-fault driver. Georgia’s no-fault insurance and liability system allows such lawsuits.

We have a proven track record of obtaining just compensation for our clients, including a $1.2 million settlement for a victim of a catastrophic car accident.

The Nye Law Group’s Savannah office is located at 114 Barnard Street, across the street from Telfair Square and just 10 minutes from the beautiful historic district.

Contact our team of Savannah injury lawyers today by calling 855-856-4212 or completing our Free Case Evaluation form.

Not only do you have to establish that a medical professional was negligent in providing medical treatment, but you also have to prove the medical professional’s negligence caused you to suffer damages.

The Savannah medical malpractice lawyers at The Nye Law Group will fight to hold negligent physicians and medical professionals accountable for the damages they have caused.

Below are the five elements of a Georgia medical malpractice claim.

DOCTOR-PATIENT RELATIONSHIP

This means the medical professional accused of negligence agreed to provide treatment or diagnose your illness or medical condition. You must show that this relationship existed on the date of the alleged malpractice.

This aspect of a medical malpractice claim often goes unchallenged. It is usually easy to provide medical documentation or testimony proving:

• An agreement to treat or diagnose you
• You were examined or treated by a medical professional without an agreement

However, it is still a good idea to obtain medical records showing the complete course of treatment. If the accused is able to show there was no doctor-patient relationship when the alleged malpractice occurred, the relationship does not exist.

NEGLIGENT CARE OR TREATMENT

The doctor-patient relationship gives rise to the physician’s duty of care. This requires the health care practitioner to act as another healthcare professional with similar training would have if he or she were in a similar situation.

Another way of saying it is that medical professionals must provide care that fits within accepted standards in the medical community.

Expert witnesses may be used to establish what competent care would have been in your situation according to standard medical practice and how the doctor failed to deliver care to that standard. You may also need to use clinical practice guidelines from medical professional groups to establish what the standard of care was in your situation.

There are many examples of failing to perform within medical standards, including:

• Failing to diagnose an illness
• Diagnosing a patient with the wrong illness
• Making a surgical error caused by negligence 
• Operating without a surgical plan
• Medication errors
• Failing to order necessary tests
• Incorrectly analyzing medical tests
• Failing to take a patient history
• Anesthesia errors
• Failing to monitor a patient for signs of distress

Under Georgia law, you are required to file an affidavit accusing the defendant of at least one negligent act. The affidavit must be prepared by a medical expert who is qualified to testify under Georgia law. This person must provide a factual basis for the allegation of negligent care.

INJURIES WERE CAUSED BY NEGLIGENCE

Proving that the physician provided substandard care is not enough. You must prove that the doctor’s actions directly caused you to suffer injuries.

Expert testimony may be used to link your injury or worsening medical condition to the substandard care you received. This is crucial because the defense will probably try to attribute your injuries to an underlying medical condition that was not caused by a medical professional.

PROOF OF DAMAGES

You are required to provide details about the damages caused by your injuries, whether they are physical, financial or emotional.

Damages in a malpractice case could include:

• Additional medical care
• Lost wages due to your inability to work
• Physical pain
• Emotional suffering
• Physical therapy
• Rehabilitation

PREPONDERANCE OF EVIDENCE

This means the medical malpractice claim is more likely to be true than not. This means the jury will make a decision in favor of the plaintiff if there is at least a 51 percent chance his or her claims are true.

It is easier to satisfy this legal standard than the legal standards used in other cases. For instance, in a criminal case, the plaintiff’s claims have to be proven beyond a reasonable doubt.

OUR EXPERIENCED SAVANNAH MEDICAL MALPRACTICE ATTORNEYS ARE READY TO HELP

Given the complexities of medical malpractice cases, it is best to consult an experienced Savannah medical malpractice attorney to file a claim.

We will also aggressively help you with your claim to ensure it is properly handled to meet Georgria’s two-year medical malpractice statute of limitations and pursue the compensation you deserve.

Our team of Savannah personal injury attorneys are dedicated to protecting the rights of our clients and will work on a contigency fee basis. This means we never charge clients upfront for our services and only get paid if we recover compensation for your claim.

Call 855-856-4212 or complete our Free Case Evaluation form.