Category: Blog

When you entrust the care of an elderly loved one to a nursing home, you expect staff members to treat your loved one with dignity and respect and work hard to meet his or her physical, emotional and social needs.

Unfortunately, this often does not happen, resulting in abuse or neglect of residents and their needs. This includes physical, financial, emotional and sexual abuse.

That is why our Savannah nursing home abuse attorneys advise you to always be looking for any signs of abuse or neglect every time you see or talk to your loved one.

SIGNS OF NURSING HOME ABUSE

If you notice any of the following injuries or psychological issues with your loved one, it could be a sign of nursing home abuse:

• Injuries your loved one does not remember or cannot explain
• Malnutrition or dehydration
• Bedsores
• Mood swings
• Depression
• Nervousness or anxiety around nursing home staff

You should also keep an eye on the conditions in the facility. For instance, a messy, unsanitary room is a classic sign of some form of abuse or neglect.

There could also be some form of financial abuse happening as well. Watch for the following signs:

• Missing money
• Unauthorized checks or credit card purchases
• Unpaid bills
• Forged financial documents

FILING A NURSING HOME ABUSE COMPLAINT

You can file a nursing home abuse complaint with the following agencies in Georgia:

DIVISION OF AGING SERVICES

This is a division of Georgia’s Department of Human Services that handles reports of abuse of the elderly or adults with disabilities.

There are two ways to file a complaint with this division:

• Fill out an online complaint form by visiting the page on reporting elder abuse and clicking the link for web reporting near the top of the page.
• Call this toll-free number: 1-866-552-4464. Reports are accepted between 8 a.m. and 5 p.m. Monday through Friday. If you call outside of those hours, leave a detailed message. You should receive a response the next business day.

OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN

This is part of the Division of Aging Services. One of the main purposes of this office is to investigate and try to resolve complaints made by or on behalf of residents of long-term care facilities.

From the top right of the homepage of the ombudsman program website, you can select the county with the nursing home where the abuse occurred. This will provide you with contact information for the ombudsman assigned to the appropriate county.

Here is the contact information for the ombudsman assigned to Chatham County, where Savannah is located:

• Main phone numbers: (912) 367-4866 or 1-866-991-9988
• Fax number: (912) 367-3849

HEALTHCARE FACILITY REGULATION

This is a division of Georgia’s Department of Community Health responsible for licensing, certification and oversight of health care facilities in the state.

You can file a complaint with Healthcare Facility Regulation by:

• Calling 1-800-878-6442
• Faxing a complaint to 404-657-5731

CONTACT OUR ATTORNEYS FOR HELP FILING A COMPLAINT

Filing an official complaint with authorities in Georgia is the first step to dealing with nursing home abuse.

However, while the authorities will investigate and hopefully punish those responsible for your loved one’s abuse, they will not be able to provide compensation for the damages caused by the abuse.

That is where our Savannah personal injury lawyers come in. We may be able to file a lawsuit to obtain compensation for physical, financial and emotional damages. While compensation cannot change what happened, it can go a long way toward helping your loved one and your family recover from this awful situation.

Our experienced attorneys offer a free, no obligation legal consultation where you can discuss what happened and our attorneys can determine if you have a case. If you do, and you decide to proceed, you will not be charged legal fees unless you receive compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

You never know how other drivers are going to behave. That’s why the best way to avoid a car accident is to be a defensive driver when you are behind the wheel.

The accomplished Savannah car accident attorneys of The Nye Law Firm have compiled a list of seven essential defensive driving tips. Using these strategies will help you avoid dangerous situations that could cause car accidents that result in severe injuries or deaths.

1. KNOW YOUR SURROUNDINGS

You should always be scanning your surroundings so you can quickly detect hazards and monitor reckless drivers in your vicinity. Scanning your surroundings includes:

• Checking rearview and side mirrors often
• Surveying traffic and road conditions at least 20 to 30 seconds ahead of your current position
• Paying extra attention to pedestrians, animals, bicyclists and motorcyclists who are sharing the road with you

If you spot a reckless driver who is weaving through traffic, speeding or violating traffic laws, you should pull over, change lanes or slow down to avoid them. Keeping your distance will give you a better chance to monitor the other driver’s actions and provide more time to react if a dangerous situation arises.

2. AVOID DISTRACTIONS

Unfortunately, many drivers are struggling to keep their eyes, hands and attention on the task of driving. They are focused on their smartphones, car stereos, conversations with passengers or other distractions. That is why distracted driving is one of the nation’s leading causes of automobile accident fatalities.

Avoiding each of the following forms of distracted driving will significantly lower your risk of an accident:

• Texting
• Talking on a cellphone
• Having conversations with passengers
• Eating and drinking
• Grooming or putting on makeup
• Adjusting the stereo
• Programming the GPS
• Looking for items inside the vehicle

3. ANTICIPATE THE ACTIONS OF OTHER MOTORISTS

Even though Georgia has some of the safest drivers in the Southeastern U.S., you never know when one of them is going to make a dangerous maneuver that puts you at risk of an accident.

That is why you should always watch other drivers and try to anticipate what they are going to do next. This way, you are less likely to be caught off guard by their actions and will have a better chance of maneuvering away from danger.

4. PLAN AN ESCAPE ROUTE

You cannot predict every action another motorist will take. It is best to plan for the unexpected in addition to anticipating other drivers’ movements.

You should plan an escape route for possible traffic scenarios, such as:

• Abrupt stops
• Drifting
• Sudden braking ahead of you
• An accident ahead of your vehicle
• Another driver running a traffic signal

5. NEVER DRIVE WHILE IMPAIRED

Consuming drugs or alcohol before getting behind the wheel is illegal and very dangerous. These substances slow your reaction time, which is a critical element of defensive driving.

Alcohol and other drugs also impair motor skills and decision making capabilities, both of which are key factors in keeping yourself safe on the road.

You should never operate a vehicle if you have been drinking or using drugs. Designate a sober driver before you go out or call a cab or rideshare service to take you home.

6. DRIVE AT A SAFE SPEED

Speeding is one of the leading causes of fatal car accidents. Speeding gives you less time to hit the brakes or maneuver away from another car or other obstacles.

If you are in ideal road and weather conditions, you should travel at the posted speed limit. If there is heavy traffic, rain or other inclement weather, you should slow down. Speeding in these situations puts you at higher risk of an accident.

7. FOLLOW AT A DISTANCE

Give yourself ample time to stop by following other vehicles at a safe distance. You should allow three to four seconds of space between your car and the one in front of you.

You can measure the distance between your vehicle and the one in front of you by counting the seconds between when the other car passes a fixed object and when you pass the same object. Start counting when the rear bumper of the vehicle in front of you passes the fixed object. Stop counting once your front bumper reaches the object.

You should leave a few more seconds of space between your vehicle and the one in front of you in poor weather conditions, such as rain, snow, or fog. You should also increase following distance at night and when you are behind large trucks or motorcycles.

CONTACT A GEORGIA CAR ACCIDENT ATTORNEY FOR ASSISTANCE
Driving defensively will help you avoid a collision, but you cannot count on other drivers to take these same precautions.

If another driver causes a collision and you suffer injuries or lose a loved one, you may be able to obtain compensation from this person for your medical expenses and other damages.

A an experienced Savannah personal injury lawyer at The Nye Law Group can manage every aspect of your claim, working to secure all of the compensation you deserve. Learn your legal options by scheduling a free, no-obligation case consultation with our experienced lawyers.

We work on contingency, only receiving payment if we recover compensation for you.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

Like many other states, North Carolina is not immune to the problem of car accidents. In 2015, more than 251,000 crashes were reported in the state.

These accidents caused 1,380 deaths and injuries to 123,589 people. Those were year-over-year increases of 8.1 percent and 11.8 percent respectively.

Unfortunately, many of the accidents that caused these deaths and injuries were the result of reckless behavior by other drivers, including distracted driving and driving under the influence. This means that a lot of these crashes could have been prevented.

If you were severely injured or lost a loved one in a motor vehicle crash caused by negligence, you may be able to file a lawsuit to obtain compensation for the damages you suffered. This includes financial, physical and emotional damages, like pain and suffering, medical expenses, and lost wages.

However, there are deadlines, or statutes of limitations, for filing personal injury lawsuits over severe injuries or the death of a loved one. Once these deadlines pass, you will be unable to file a claim and may lose possibly your only chance of recovering compensation for your losses.

Our Charlotte car accident attorneys know the statutes of limitations for these claims and can help ensure your claim is filed before the relevant statute expires.

CAR ACCIDENT INJURY STATUTE OF LIMITATIONS

North Carolina’s statute of limitations for most personal injury claims, including those involving car accidents, is three years from the date of the accident or from the date you became aware or should have become aware that there were grounds for a lawsuit.

This means that you might have more than three years from the date of the accident to file a claim if you did not immediately discover that negligence was involved. This could occur if it takes time for evidence to come out showing how negligence may have been a factor in the crash.

However, under no circumstances can you file a claim more than 10 years from the date when the alleged negligence occurred. This is true regardless of when you discover that you have grounds to file a lawsuit.

STATUTE OF LIMITATIONS FOR WRONGFUL DEATH FROM A CAR CRASH

North Carolina allows two years for claims involving the death of a loved one from a car accident, according to NC General Statutes § 1-53(4). The statute starts running on the date of your loved one’s death.

However, you will be prohibited from filing a claim if your claim is barred by another statute of limitations, such as the statute for personal injuries.

This applies in situations where the injuries your loved one suffered in the crash did not immediately cause his or her death. It may have taken weeks or months for the injuries to cause your loved one’s death.

If the crash was caused by negligence, any legal claims would fall under the North Carolina personal injury statute of limitations. If this statute runs out, you are prohibited from filing a wrongful death lawsuit, even if the wrongful death statute of limitations has not expired.

DO STATUTES OF LIMITATIONS APPLY TO INSURANCE CLAIMS?

The personal injury and wrongful death statutes of limitations do not apply to car insurance claims. That said, your insurance company may have a deadline for filing a claim so you should file an insurance claim right away if you want to pursue insurance compensation.

However, the statute of limitations begins running regardless of when or if you file an insurance claim. That is why you should strongly consider hiring an experienced auto accident lawyer to help manage your injury claim.

An attorney can help manage your insurance claim from start to finish, and if it is unsuccessful, he or she will be prepared to file a personal injury lawsuit before the statute of limitations expires.

CONTACT OUR CHARLOTTE CAR ACCIDENTS LAWYERS TO DISCUSS YOUR LEGAL OPTIONS

The Charlotte personal injury attorneys at The Nye Law Group have 50 years of combined experience representing those who have suffered injuries caused by another’s negligence.

Our attorneys work on a contingency fee basis, meaning there is no fee for your initial consultation and you do not pay legal fees unless you obtain fair compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

Slip and fall accidents are caused by a variety of hazards and obstacles, including poor lighting, uneven flooring and broken handrails.

In some cases, property owners knew about these obstacles and failed to take adequate steps to remove them to help ensure the safety of those who enter their property. This could be considered negligence under Georgia law.

If you can prove that negligence occurred, the Nye Law Group’s experienced slip and fall accident lawyers in Savannah can help you hold the property owner liable for your injuries so that you may be able to recover fair compensation for the damages you suffered.

However, establishing liability in a Savannah premises liability claim after a slip and fall accident is complicated. There are many factors involved, from your legal status when you entered the property, to the type of hazard that caused your personal injury and whether the property owner knew about the unsafe condition before your injury occurred.

Claims by Invitees

Arguably the most important factor in establishing liability is your legal status when you entered the property.

Your legal status determines the duty of care you are owed by the property owner. A duty of care is a legal obligation to take certain steps to prevent injuries to others.

Many slip and fall claims are filed by people who were classified as invitees at the time of their injury. Invitees are people with an express or implied invitation to enter the property for business reasons for the mutual benefit of both parties.

Examples include customers and sales representatives who enter retail stores, since they are on the property for their benefit and the benefit of the property owner.

DUTY OF CARE FOR INVITEES

Property owners owe a higher standard of care to invitees than to anyone else who enters their property. Under the Official Code of Georgia (O.C.G.A.) Title 51 Chapter 3 Article 1, property owners are liable for damages caused by a failure to exercise ordinary care to keep the premises safe.

This means that property owners must take reasonable steps to inspect the premises and ensure conditions are safe for invitees. However, this does not mean property owners have a legal obligation to continually patrol the premises to look for hazards because that would be unreasonable.

ACTUAL AND CONSTRUCTIVE KNOWLEDGE

The legal duty owed to invitees applies only to hazards that property owners had actual or constructive knowledge about.

Actual knowledge means that the property owner could see, hear, touch or smell the obstacle in question. Constructive knowledge refers to a hazard that the property owner should have known about.

Constructive knowledge is much more difficult to establish than actual knowledge. One way to do so is to prove that an employee of the owner was in the immediate vicinity of the hazard and could have easily noticed it and taken steps to fix it.

Another way to prove constructive knowledge is to prove the property owner failed to exercise reasonable care when inspecting the premises.

In some cases, violations of ordinances or codes can be used as evidence that a property owner was aware or should have been aware of a hazard.

PLAIN VIEW DOCTRINE

Under this doctrine, property owners cannot be held liable for injuries caused by obstacles in plain view of the plaintiff.

This is because plaintiffs are expected to take reasonable steps to avoid obstacles that are plainly visible and in locations where one would expect an obstacle or hazard to be.

For instance, there is a reasonable expectation that there will be boxes or merchandise in an aisle of a retail store when an employee is restocking shelves.

However, the employee has a legal obligation to place the objects in the aisle in such a way that they are plainly visible and do not create an unreasonable hazard for passersby. This means the employee cannot place these objects in such a way that prevents you from seeing them.

Property owners do not have an obligation to warn invitees about obstacles that are in plain view because invitees have the same amount of knowledge about these obstacles as the property owner.

CLAIMS BY LICENSEES AND TRESPASSERS

The other two legal statuses for visitors to a property are licensees and trespassers.

LICENSEES

These are entrants who have permission to come onto a property but are there for their own interests. Examples of licensees include houseguests and door-to-door salespeople.

Property owners can be held liable for injuries to licensees if they knowingly exposed the licensee to an obstacle that posed an unreasonable risk of harm. This includes willfully or wantonly exposing the licensee to an unreasonable risk.

This means claimants must establish that the property owner knew about the hazard and there was intent to cause harm.

TRESPASSERS

These are entrants who do not have permission of the property owner or occupier to be on the premises. The only duty owed to trespassers is to avoid carelessly or willfully harming them.

COMPARATIVE NEGLIGENCE IN SLIP AND FALL CLAIMS

If you do not exercise reasonable care on someone else’s property to protect your own safety, you may be found partially at fault for the accident that caused your injury. This is known as comparative negligence.

Under Georgia’s modified comparative negligence system (O.C.G.A. 51-12-33), you will not be able to recover compensation if you are more than 50 percent at fault for your injury.

If you are less than 50 percent responsible, your compensation award will be reduced by your percentage of fault. For example, if a jury awards $50,000 for your injury but you are found to be 20 percent at fault, your award would be reduced to $40,000.

CONTACT OUR ATTORNEYS ABOUT YOUR SLIP AND FALL CLAIM

If you suffered an injury in a slip and fall accident, contact The Nye Law Group today to find out if you have legal options.

Our experienced attorneys have detailed knowledge of laws governing a premises liability claim in Georgia.

We know how to determine if you have a viable claim and are prepared to build a strong case to improve your chances of recovering fair compensation.

If you have a valid claim and you decide to proceed, we will conduct a comprehensive investigation to collect vital evidence, including:

• Photos of the accident scene
• Witness statements from those who saw your accident or who are aware of the dangerous condition
• Incident report if the accident occurred in a business
• Prior incident reports for other accidents concerning the same dangerous conditions
• Proof of the injuries you sustained and the damages they caused

Your initial consultation with our attorneys is absolutely free and we do not charge legal fees unless you recover compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

If you have been charged with a crime and could face significant prison time if you are convicted, you probably have many questions about Georgia parole laws. For instance, you may be wondering when and if you would be eligible for parole, or release from prison.

The Savannah criminal defense attorneys at The Nye Law Group have answers to some of the most frequently asked questions about parole laws in Georgia. Reviewing these answers can help give you an idea of how parole laws would affect you if you are convicted of the crime you are charged with.

After reading the list of frequently asked questions, contact our attorneys for a free legal consultation to find out if we can help you during this difficult time.

WHAT IS PAROLE?

Some offenders are granted early release from their prison sentence, also known as parole. This allows an offender to serve the remainder of his or her prison sentence in the community under supervision. However, if the offender violates the conditions of his or her parole, he or she could be sent back to prison.

Georgia’s State Board of Pardons and Paroles (SBPP) grants parole at its own discretion for offenders who have served an appropriate amount of their sentence.

WHAT IS THE DIFFERENCE BETWEEN PAROLE AND PROBATION?

Parole is granted by the SBPP after the offender has served a portion of his or her prison sentence.

Probation is granted by a court as part of an offender’s sentence or an alternative to a prison sentence.

DO INMATES NEED TO APPLY FOR PAROLE?

Inmates or their families do not need to apply for parole or petition the SBPP to be considered for parole. If you are eligible for parole and are serving a felony sentence under the custody of the Georgia Department of Corrections, the SBPP will automatically consider you for parole once you are eligible.

This is true regardless of any ongoing appeals or other legal action you are involved in.

WHEN DO I BECOME ELIGIBLE FOR PAROLE?

In most cases, inmates are eligible for parole after serving one-third of their prison sentence, unless they have committed certain offenses that do not allow parole. The Time Served Rules listed in the Inmate Handbook details when an inmate may become eligible for parole.

However, being eligible for parole simply means you have the right to be considered for it once you are eligible. It does not mean you will automatically be granted parole.

WHO IS NOT ELIGIBLE FOR PAROLE?

Under state law, certain offenders are required to serve their entire sentence and are not eligible for parole. This includes:

• Inmates serving a non-life sentence for one or more serious violent felonies committed on January 1, 1995 or later, including kidnapping, murder, rape, aggravated sexual battery, aggravated child molestation, aggravated sodomy and armed robbery
• Inmates sentenced to their fourth felony, as a recidivist
• Inmates who are sentenced to life without parole
• Inmates serving a death sentence

CAN AN INMATE SERVING A LIFE SENTENCE RECEIVE PAROLE?

Certain inmates serving life sentences may be eligible for parole consideration, including:

• Inmates who committed their offense before July 1, 2006 and have served 14 years
• Inmates who committed their offense after July 1, 2006 and have served 30 years
• Inmates who committed an offense before 1995 and have served seven years of their sentence
• Inmates serving a life sentence for the sale of drugs who have served seven years of their sentence

CAN AN INMATE BE CONSIDERED FOR PAROLE MULTIPLE TIMES?

If an inmate is denied parole and he or she is not serving a life sentence, he or she will automatically receive consideration for parole every five years, at minimum.

Those serving life sentences who have been denied parole will be reconsidered at intervals of no longer than eight years.

HOW DOES GEORGIA’S PAROLE CONSIDERATION PROCESS WORK?

When an inmate who is not serving a life sentence becomes eligible for parole, a parole investigator will conduct an investigation of the inmate, including:

• Studying arrest records and court records
• Interviewing arresting officers, court officials, victims and witnesses to create a legal investigation report about the inmate’s current offense and prior offenses that occurred in the same county
• Interviewing the inmate to complete a personal history statement, covering his or her account of the crime, where he or she has lived and worked, where his or her family members are, and plans for what to do if he or she is released from prison

Once the investigation is complete, the case is assigned to a hearing examiner. This individual recommends if and when an inmate should be paroled based on the Parole Decision Guidelines.

These guidelines are designed to help hearing examiners make consistent decisions about when to grant parole to inmates based on the severity of the crime and the inmate’s risk of committing more crimes once he or she is out of prison.

Once the hearing examiner makes his or her recommendation, the inmate’s case file is given to one of the five members of the parole board.

This person makes an independent decision about whether the hearing examiner’s recommendation is appropriate or should be overridden based on other factors. In some cases, the board member agrees that the inmate should be paroled, but at a later date than the hearing examiner recommended.

The process is repeated with the other four board members until there is a majority decision about whether to grant parole. If the board decides to grant parole, it will set a tentative parole month (TPM). This is the period of the prison sentence the inmate must serve before his or her release.

When the TPM is set, the case will be reviewed a final time to determine if parole will be granted. However, the board can change a decision for any reason, at any time, prior to the inmate’s release.

CONTACT THE NYE LAW GROUP TODAY FOR A FREE CONSULTATION

Have you been charged with a crime for which you could face significant prison time if convicted?

You need skilled legal representation right away to defend your rights and help ensure you receive a fair trial, no matter what you are accused of doing.

Our attorneys are prepared for cases involving numerous criminal offenses, from weapons charges and traffic offenses to drug charges and federal crimes.

Contact our firm today to find out if we can help you.