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Identifying Nursing Home Negligence in North Carolina

Adult care facilities, commonly referred to as nursing homes, are overseen by the North Carolina Division of Health Service Regulation. Adult care facilities are routinely inspected to ensure they are operating in compliance with applicable laws and regulations, and violations can carry penalties that may include fines and suspension of licenses to operate.

Even residents at the most well-run nursing homes can be susceptible to serious injuries that may be the result of employee negligence or misconduct. In some cases, family members can be completely unaware of these types of situation, but victims may exhibit signs of problems in other cases and family members should immediately retain legal counsel in such instances.

Signs of Nursing Home Abuse in North Carolina

nursing home abuse lawyerIt is important to keep in mind that abuse of nursing home patients is not always physical. In many cases, victims may be the victims of emotional abuse, sexual abuse, financial abuse, or just simple neglect.

Some of the warning signs that family members should recognize include:

  • Poor hygiene;
  • Pressure ulcers (bed sores);
  • Refusal or lack of willingness to answer questions;
  • Unexplained bruises; and
  • Sudden changes to wills or bank accounts.

When you suspect that your loved one is the victim of nursing home abuse or neglect, you should be certain to document the wrongdoing and begin looking into possibly transferring him or her to another facility. You should then contact Nye Law Group as soon as possible.

Kinds of North Carolina Nursing Home Abuse Claims

Nursing homes can be held liable for many different types of negligent acts. Victims may be entitled to compensation for several different kinds of damages. Many cases involve a nursing home’s hiring practices.

For example, a facility could be liable if it hires a dangerous person with a criminal record who commits a violent act against a resident or steals from a resident. Other nursing homes that are seeking to reduce costs may also be held accountable if understaffing measures resulted in residents receiving inadequate care.

Similarly, fail to properly train new employees can also have catastrophic consequences for residents. Victims in some cases suffer serious or even fatal injuries as the result of prescription drug errors, often attributed to improperly trained employees.

When a loved one is the victim of continuing abuse, he or she may be reluctant to speak to you while a certain employee is present. If you notice this behavior or staff members ever refuse to allow you to see your loved one, you should immediately seek legal representation.

Find a Nursing Home Abuse Lawyer in North Carolina

Do you believe that your loved one has been the victim of negligence or abuse at a nursing home in North Carolina? You will want to contact The Nye Law Group as soon as possible.

Our experienced personal injury attorneys in Charlotte will a thorough investigation and work to hold all negligent parties accountable. You can call 855-636-9277 or contact us online to receive a free consultation that will let our firm review your case and help you understand all of your legal options.

Obtaining Damages for South Carolina Construction Accidents

The Occupational Safety and Health Administration (OSHA) states that the fatal injury rate for the construction industry is higher than the national average for all industries. Workers in the construction industry face a variety of hazards every day on the job, and various kinds of negligence by other parties can lead to innocent workers suffering severe or possibly fatal injuries.

Victims in construction accidents are frequently unable to return to work for several months or possibly even years. In some cases, injured workers are permanently unable to maintain any gainful employment.

As a result, construction accident victims and their families struggle to pay medical bills because of lost income. When an accident is the result of another party’s negligence, the victim can be entitled to damages for these hardships.

Fatal Four Construction Accidents in South Carolina

construction accident lawyerWhen it comes to construction accidents, the annual list of workplace fatalities is often topped by what OSHA has come to refer to as construction’s “Fatal Four.” The leading causes of deaths in the construction industry were:

  • Falls — Often the result of unprotected sides, improperly constructed scaffolds, or holes in floors, among other causes;
  • Struck by object — May include falling objects or vehicles;
  • Electrocution — Possibly involving contact with power lines or misuse of certain electrical equipment; and
  • Caught between objects — Usually involving a lack of or failure to inspect a protection system.

The above list is by no means exclusive. Construction workers can suffer several other debilitating injuries as the result of accidents on the job. Whether a person is injured in a Fatal Four incident or another kind of accident, other common injuries may include burn injuries, traumatic brain injuries (TBIs), or spinal cord injuries.

Third Party Claims Arising from South Carolina Construction Accidents

Because of South Carolina’s “exclusivity doctrine,” employees who receive workers’ compensation from their employers are prohibited from filing lawsuits against those employers. Workers’ compensation rarely provides enough financial resources for victims to meet their many needs.

In some cases, it may be possible that another party other than the employer bears liability for a victim’s injuries. Possible examples of third parties that could be held liable include:

  • Manufacturers of defective products or machinery;
  • Project managers;
  • Engineers;
  • Architects;
  • Subcontractors; or
  • Drivers of other vehicles.

Victims can file lawsuits against negligent third parties while receiving workers’ compensation from their employers. It is important for any person injured in a construction accident to retain legal counsel as soon as possible to immediately commence an investigation that can identify all possible negligent parties.

Find a Construction Accident Attorney in South Carolina

If you sustained serious injuries or your loved one was killed in a construction accident in South Carolina, you will want to quickly seek legal representation. The Nye Law Group has an office in Bluffton but serves communities all over South Carolina.

Our experienced personal injury lawyers will fight to make sure that you receive all of the compensation you are entitled to. We offer a free consultation when you call 855-636-9277 or contact us online to schedule a free consultation.

Bringing a Wrongful Death Claim: Don’t Handle it Alone

Have you lost a loved one in an accident due to the negligence of another party? Nobody ever expects to lose a loved one in an accident, which is why it makes sense to have somebody on your side who can help you fight for your rights in every way. One of the biggest mistakes that somebody can ever make in a wrongful death claim is to try to attempt to handle the case alone. There are just too many factors for you to handle on your own when you are trying to grieve after losing somebody close to you. This is why we want to stand by your side and help you protect your rights every step of the way.

Why You Should Have an Attorney

wrongful death lawyerHere is one of the biggest reasons why you should never stand alone when you are dealing with a wrongful death claim: The insurance companies could try to give you less when it comes to your case. Let’s say that somebody was driving distracted and ran into the side of your loved one’s vehicle. They were clearly at-fault for the accident, so you were able to bring a claim against them. Even though it is only fair that you and your family are compensated for wrongful death damages, it does not always occur this way. Insurance companies will sometimes make extremely low offers so that they can settle your claim once and for all, even if it wasn’t what you were expecting.

Perhaps you are willing to accept any type of settlement because you need immediate relief on a financial level due to medical expenses that occurred before your loved one passed away, or because of funeral expenses. You never want to accept early, because you know that it could put you and your family in a bad position later on down the road.

When you want to achieve the fairest settlement offer, you want to have an attorney on your side as you move forward. There are many losses that you might have to deal with, such as benefits to surviving spouses and children, loss of love and companionship damages, financial assistance, lost earnings of the past and future, and so much more. Attorneys are able to investigate to pin a number to the case and assets that are available to pay compensation to survivors, the amount of insurance coverage and what it allows, noneconomic losses, and more. Insurers will not always willingly disclose information that is important to your case. Luckily, an attorney can help you get the information you deserve in your time of need.

Moving Forward With Your Claim

If you are a representative of your loved one’s estate, a child, spouse, parent, or many other people close to the person who lost their life, you may want to move forward with a wrongful death claim. There are many damages available to you and your family during this time. It may seem impossible to pin a number amount to your loved one’s passing, but it is not impossible and we want to talk to you every step of the way. At the Nye Law Group, we have experience in wrongful death claims and want to extend a helping hand to you. Call us for more information on how we can help you from start to finish at 855-636-9277.

Sources:

http://www.alllaw.com/articles/nolo/personal-injury/how-wrongful-death-lawsuit-works.html

http://thenyelawgroup.com/

Underinsured And Uninsured Drivers: How We Can Help

Many people are unaware of how their insurance policies can come in handy when they have been involved in a very specific accident. Picture this: You’re driving along when, all of a sudden, you are struck by another vehicle. Now you are left with injuries and you aren’t sure how to recover. But things are about to get worse because you find out that the driver who hit and injured you does not have insurance, or they have poor insurance coverage. We can help you understand underinsured and uninsured policies and how they can come in handy in regards to your claim.

Understanding Both Types of Coverage

uninsured driver accident lawyer Perhaps you have never heard of underinsured or uninsured coverage or you are familiar with exactly how it works. Today we will help you understand both.

Uninsured Coverage: Uninsured motorist coverage kicks in when a driver hits you and they don’t have any insurance coverage whatsoever. Your first thought might be: I want to sue the driver for the accident and attempt to recover any damages possible. However, think of it this way… If the driver does not have insurance, they probably don’t have much in the way of financial assets, which means that you won’t gain what you want in recovery. This means that you will be left making an uninsured driver claim against your own policy so that you can receive what you deserve.

Underinsured Coverage: Underinsured coverage works a bit differently because it kicks in when the driver does have car insurance, but it is insufficient and will not cover you. You would, again, make a claim against your own insurance company for the limit of your coverage provided your policy coverage is better than the coverage that the negligent driver carries. This works wonderfully in cases where the driver’s insurance will only cover up to $100,000 of your damages, but your damages are well over $300,000. You cannot force coverage that is simply not there, so you could have your own policy kick in when they can no longer pay you.

Making Your Claim

Drivers must be insured, which is why it is taken very seriously when a driver hits you and was driving around without insurance. You don’t want to delay when you’re making your claim because it is not unheard of for very short deadlines to be in place. You may have as little as 30 days to let your insurance company know that the driver was driving with no insurance or little insurance coverage. The best way to tell that the other party is probably uninsured is when they outright tell you that they don’t have any car insurance or when they refuse to give you their information in the event of an accident.

Sometimes, it is impossible to tell the extent of your injuries right off the bat. This is why you want to keep up with medical attention and ensure that you do everything your doctor and attorney asks you to do during this time. It can help out your claim in the months to come. We have your best interests at heart and want to speak with you immediately at the Nye Law Group. We work with the insurance companies in your case to get you the best results, and we don’t want you to miss out on the damages you deserve. Give us a call today for more information at 855-636-9277.

Sources:

http://www.alllaw.com/articles/nolo/auto-accident/insurance-claim-underinsured-uninsured-drivers.html

http://thenyelawgroup.com/

A Further Look at the Damages in a Personal Injury Claim

When it all boils down to a personal injury claim, there is one thing that is most important to everyone: the damages. You have suffered on a physical, emotional, and financial level when it comes to your injury case and now you’re seeking compensation so that you can keep up with costs and move forward with your life. Unfortunately, even though this is the outcome you’re looking for in your personal injury case, lots of people don’t know about the many damages that are available to them. Today we will take an in-depth look at damages and how they can make a difference in your life after you have been injured.

Monetary Losses (Special Damages)

Injury lawyerMonetary losses are compensatory damages also known as special damages, which are meant to compensate you for your losses on a financial level. Some of these damages include the following:

Medical Expenses: This is one of the most popular types of damages, due to the fact that many people who have suffered an injury will receive some type of treatment. This can include anything from past and future care with your physician, rehabilitation costs, surgical costs, and any needs that you will require in the future.

Disability Costs: What happens if your disability has a huge impact on your life and now you are in a wheelchair for life or need in-home nursing care? This means big changes for your household, which you may not be able to afford on your own.

Lost Wages: Perhaps you have not been able to return to work after your injury, so now the bills are adding up. Lost earning capacity in the future is also very important and you could be compensated for these aspects.

Funeral Expenses: If a loved one has passed away due to an accident, the family can file a wrongful death suit and be compensated for the funeral.

Non-Monetary Losses (General Damages)

General damages, or non-monetary losses, are a bit more difficult to prove. This is because it becomes difficult to place a number on these losses. Some of them include:

Pain and Suffering: Pain and suffering damages include aspects like actual pain that you feel on a daily basis due to your injury, compensation for emotional distress like fear and anger relating to your accident, and loss of enjoyment of life when you no longer feel happy about life ever since you have gained your injury.

Loss of Consortium: These are damages rewarded to your spouse after you have suffered an injury. These unique damages give compensation to a spouse who has lost affection, comfort, and companionship due to the injury. Perhaps you are paralyzed and must use a wheelchair and now your relationship won’t be the same in many ways.

Punitive Damages

Lastly, there are damages known as punitive damages, which are meant to punish the defendant for their extremely reckless behavior. For example, what if a truck driver was drinking while on the job and got into a catastrophic accident with you, leaving you with horrific injuries you will have for the rest of your life? Punitive damages not only punish the driver but also show other drivers that this could happen to them if they drink and drive. You should note that punitive damages are only awarded in the most reckless cases.

As you can see, there are many types of damages available in an injury case. Now you may have a better idea of which damages apply to your case and how you can work toward bringing a claim for the specifics that a negligent party owes you. We want to help you every step of the way at the Nye Law Group. Give us a call today for more information at 855-636-9277.

 

 

 

Sources:

https://www.justia.com/trials-litigation/docs/personal-injury-damages.html

http://thenyelawgroup.com/

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

1509 Abercorn Street, Savannah, GA 31401

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230