=====================gtg

Texas Attorney Explains Drunk Driving Accidents & Texas Dram Shop Law

If you are not an attorney, liquor liability laws can be complex terrain to navigate. The validity of these cases is often criticized and misunderstood. However, legal statutes and case law support the fact that these laws stem from common sense ideas that we can explain here.

If you or a loved one has been injured, or someone close to you has been killed in a drunken-driving accident in Texas, call the drunk driver accident attorneys of our Law Office.

With more than twenty years of experience successfully litigating cases predicated upon a Texas Dram Shop Cause of Action, the attorneys at our Law Offices are well-credentialed and can readily assist you in getting the justice you deserve.

This article, while here to inform you of your rights and responsibilities, is no substitute for the assistance one of our attorneys can provide. Below you will find useful information to help you understand Texas Dram Shop Laws that assign liability to parties that may be legally, entirely or in part, responsible for the death or injury of your loved one, what the challenges are in pursuing this kind of civil case, and some of the types of cases and claims we can initiate to afford you some relief for your anguish, pain, suffering, and related expenses.

The Basics
The legal implications and damages involved in a drunk driving accident are far more severe and intricate than the typical auto collision. The most noteworthy distinctions are:

Injuries sustained in accidents involving a drunk driver are typically more severe and have a higher fatality rate, which typically means there are more financial damages and, therefore, the legal battles become decidedly more aggressive, making hiring a competent legal representation of the utmost importance.
Often there are multiple parties who have violated laws that are in place to protect victims of this type of collision, which means you are best served by a multi-faceted strategy that assesses the value that can be recovered or gained by holding each party responsible.

Defendants in Intoxicated Accident Cases
Most people think that the most obvious person to pursue legal remedy from in an alcohol-related collision case is the driver, but often, individual drunk drivers who may bear the bulk of the responsibility for the incident are often not the most viable candidates if your immediate need is financial relief for medical or funeral related costs.

Under the Texas Civil Practices and Remedies Code, statutes state that in addition to suing the drunk driver for his or her negligence, victims also have the right, under what is referred to as “Dram Shop Law,” to pursue damages for the negligence of bars, restaurants or other persons or business entities that enabled the drunk driver to become intoxicated enough to cause the accident.

This liability was established under the theory that car accidents are not merely caused by the immediate action or reflex in the moment of the accident, but can be caused by a chain of events that led up to the accident. Under this logic, any entity that contributed to the chain of events that caused the accident can be held vicariously liable.

========================gtg

Why the Bar?
Most of us probably consider the personal responsibility of the driver to be most important on an emotional level. It is important from an ethical perspective to ensure that bars and restaurants are not knowingly serving alcohol to drivers who get involved in collisions when it is clear that someone who is leaving their establishment and may be operating a vehicle when their behavior or reflexes appear to be erratic or they have consumed an amount of alcohol that puts their blood-alcohol-content (BAC) well above the legal limit. If these establishments were diligent in ensuring their patrons did not become overly intoxicated, drunk driving accidents could much more easily be avoided.

In addition to having greater means to provide financial remedies than the individual driver, the public message should be sent that the establishments and their employees should not be endangering the public by setting potentially dangerous drunk drivers out on the street simply because the bartender wants to keep collecting the patron’s generous tips or the bar wants to make more money.

In a lawsuit in which the driver and the bar are co-defendants, the court will assign damages for each party’s negligence, and the financial remedy coming from each source will be proportional to the court’s assessment of each defendant’s percentage of liability. Thus, while you may get more financial remedy by filing a case against both the driver and the bar, it is important to realize that this does not necessarily mean that you will get more money by digging into the pockets of the business over the means of the individual driver. It simply allows distribution of the responsibility which means, ultimately, you have a greater chance of actually getting the financial recovery that goes beyond what the individual driver would be able to pay.

========================gtg

Specific Rights and Responsibilities
Under Texas law, it is not only illegal to be behind the wheel of a car with a BAC of more than .08, but it is also illegal to be out in public with this level of intoxication, and it is also illegal for bars or establishments that serve alcohol to serve individuals an amount of alcohol that put them over this limit.

Science has proven that the consumption of alcohol impairs reflexes, judgment, and inhibitions, and thus, while a sober person may know his or her limit, once he or she has had a few drinks, that person may no longer be able to make a sound judgment of when he or she is too drunk to drive, and thus the serving party bears the responsibility of safeguarding the public and taking the appropriate action to prevent this from happening.

Many establishments have implemented programs to reward patrons who have a designated driver or have made partnerships with taxi companies to ensure that their clientele is not driving under the influence. That being said, there is nothing more motivating to the establishments who have not implemented such safeguards, than the potential negative publicity and financial cost of a lawsuit. In most cases, these establishments will likely be willing to settle and award financial remedy for medical, auto and funeral-related expenses caused by a drunk driving incident for which they bear a portion of the legal responsibility, and with hope, they will then be more diligent in helping prevent public intoxication and alcohol-related accidents.

Proximate Cause
Because bartenders are reasonably expected to know that it is illegal to over-serve their patrons, if they choose to disregard this responsibility, they become the proximate cause of related injuries.

Legal Expectations
Bars are required to have all of their servers licensed by the Texas Alcoholic Beverage Commission, which entails each server’s participation in training that requires learning and understanding their rules and responsibilities and the consequences associated with failing to follow them. A bartender cannot simply be unaware of how they should transact their business.
Bars are expected to have written policies and procedures for handling the distribution and tracking of alcohol served.
Bars are required to have written policies and procedures for how to deal with overly intoxicated patrons.
Servers are expected to be on the lookout for signs of intoxication.

The Safe Harbor Defense
Provided a bar or alcohol-serving establishment has met the legal obligations outlined above, they cannot legally be held responsible for any degree of negligence in a drunk driving accident. However, many establishments may try to employ this defense whether or not it truthfully applies.

The unfortunate reality in preparing a case against an establishment using the Safe Harbor Defense is that the burden is on the victim or plaintiff to establish proof that there was a blatant disregard for the above guidelines. Dram Shop cases are not subjective, and therefore they can only be won if they clearly deserve to be prosecuted.

Next Steps
Deciding to get involved in a lawsuit can be an emotional experience, and you may have concerns about the cost, the time constraints, and in some cases, the consideration of the relationship you have with the person who caused the accident.

However, it would be unwise to allow time to slip by without looking out for the remedies you are entitled to and lose the evidence and opportunity to protect your interests in the matter because if you wait too long, your options may run out and the related expenses you incur could get beyond your control.

If you or a loved one was involved, injured or killed in a DUI accident, call our Law Office for a free consultation, and we can discuss your concerns and help you find the right course of action to get the justice you deserve.

=======================gtg

DRIVING

Our Fatal Drunk Driving Accident Attorney Explains What You Should Know in the Event of the Death of a Loved One in a Fatal Drunk Driving Accident.

A fatal drunk driving accident has the potential to leave a tremendous amount of distress in its wake, ranging from incredible emotional/mental trauma and stresses and damage to the family fabric and to financial destitution.

Texas citizens affected by fatal drunk driving accidents may be eligible for compensation for their pain, suffering, and financial losses via a wrongful death or drunk driving accident lawsuit. If you have lost a loved one in a fatal drunk driving accident, please get in touch with the knowledgeable attorneys of our Law Offices to determine your legal rights and begin your appropriate course of legal action. Our firm has specialized in Personal Injury and Wrongful Death Law practice for over two decades and developed a nationally- renowned reputation for positive results. We have won cases against every major insurance company in the nation and helped 1000’s of our clients obtain just and fair compensation for their losses.

Wrongful Death and Fatal Drunk Driving Accident lawsuits often prove to be extremely difficult processes for the inexperienced lawyer or non-attorney to navigate successfully. A proper and thorough investigation of the details of the accident can be the difference between having a claim dismissed and receiving a fair settlement, or verdict, which effectively resolves your claim. Suppose you have lost a loved one due to the negligence of a drunk driver. In that case, you need a capable and experienced legal counselor to represent your interests and ensure that insult is not added to injury. Contact the attorneys of our Law Office today, for a free consultation.

======================gtg

DRUNK DRIVING

Texas Dram Shop Law and What It Means to Your Wrongful Death, or Fatal Drunk Driving Accident Lawsuit

By definition, a “Dram Shop”, when utilized in context signifies a place where alcohol can either be obtained, or is provided. The term is taken from its traditional use “dram”—the unit of measure roughly equal to 1/8th of an ounce utilized to describe the small amount of alcohol traditionally sold by shops serving alcohol in the early to late 20th century, as well as an apothecary unit of measure. In 1987, the Texas State Legislature passed the Texas Dram Shop Law Act, which effectively opened those responsible for serving alcohol to individuals to the point of, or exceeding the point of intoxication, to liability for damages arising from any accidents caused by that intoxicated individual.

The prevalence of alcohol and fatal drunk driving accidents in the State of Texas required action to be taken to better protect citizens, and facilitate justice in the event of a drunk driving accident, whether fatal or not. Before the passing of the Texas Dram Shop Law, Texas families suffering from the loss of a loved one in a fatal drunk driving accident had little other recourse for obtaining fair and just compensation for the full amount of losses incurred, other than suing the drunk driver. It was often the case that this narrow restriction did not result in an outcome where bereaved families obtained the full compensation needed to resume their lives and properly grieve for their lost loved one.

The Dram Shop Law operates under the duty of care, which all entities and individuals agree to, when obtaining a liquor license in the state, or when serving alcohol. For example, a bar serving alcohol to an individual must have safety protocols in place that allow them to regulate the amount of alcohol consumed by a patron and must be responsible for the safety of that patron in the event that he or she becomes intoxicated more quickly than anticipated by the employees of the bar. In many cases, if a person leaves a bar, restaurant, or other such entity while obviously intoxicated, then the bar, restaurant, or other such alcohol serving entity may be held responsible for any damages—including injuries and even deaths—caused by that intoxicated person.

Utilization of the Texas Dram Shop Law in cases of wrongful death lawsuits resulting from drunk driving accidents present a number of obstacles which may further complicate the legal process of successfully resolving your wrongful death lawsuit. There are four frequent legal obstacles you are likely to encounter in your pursuit of compensation, for the wrongful death of your loved one.

Jury misconceptions
An experienced defense team
The “Third Party” defense
And wealthy ruthless insurance companies

Jury Misconceptions Regarding Dram Shop Law
More often than not, juries hearing cases of accidents caused by drunk drivers, where the drunk driver has served time in jail for the breaking of the law, determine that justice has been served and that there is no further need for punishment. They often do not understand the financial ramifications that the wrongful death of a loved one often brings, such as funeral expenses, the detrimental financial impacts of income lost, medical or hospital expenses incurred (should the victim have been hospitalized before their death), or other such losses. It is necessary to have the aid of a well-informed and experienced legal representative, who will properly present factual evidence in support of your claim for compensation from responsible third parties. A knowledgeable and skilled Wrongful Death or Fatal Drunk Driving Accident Attorney will also take the time and effort necessary to convince the members of the jury of the need for the additional compensation sought from responsible third parties. The Wrongful Death and Fatal Drunk Driving Accident Attorneys of our Law Office have helped hundreds of our bereaved clients obtain fair and just compensation, by successfully holding third parties responsible for their involvement in drunk driving accidents resulting in wrongful deaths.

Experienced Legal Defense Lawyers
In the passage of the Dram Shop Law, the Texas Legislature unwittingly created a culture of opposition, within both the legal and business worlds, in which bars, restaurants, and other such entities selling or serving alcohol and defense lawyers partner in attempts to deny liability for damages, arising from fatal drunk driving accidents. There has come into existence “Liquor Liability” defense law firms who exclusively handle the defense of Dram Shops held liable for damages in fatal drunk driving accidents. These law firms have developed a credible amount of experience in defeating the use of Texas’s Dram Shop Law, however, the skilled and well-informed attorneys at our Law Office provide more than just a match for their tactics and arguments.

Our Law Office has successfully defeated the legal arguments of every major Liquor Liability law firm, and recovered thousands of dollars of damages for hundreds of our clients. If you have lost a loved one in a fatal drunk driving accident on the roads of Texas, contact our Law Office and let us be your shield against the defense law firms’ attempts to deny your claim for fair and just compensation for your loss.

The “Third Party” Defense in Fatal Drunk Driving, and Wrongful Death Accidents
Should your pursuit of compensation go to trial, the legal defense strategy will center– most certainly– on the drunk driver him/herself. It will be the goal of the defense lawyers to prove that the greater or greatest responsibility for the death of your loved one lies with the drunk driver (to diminish the apparent responsibility of their client(s), who served or sold the alcohol to the drunk driver). However, your Fatal Drunk Driving or Wrongful Death Accident Attorney, from our Law Office, will ensure that the members of the Jury fully recognize and understand the complicity of the Dram Shop(s) in the accident that took the life of your loved one. We will fight, at every turn, to skillfully overturn their lawyers’ legal arguments and expose the liability of their clients. With a nationally recognized reputation for obtaining results for our clients suffering, caused by the negligence of others, you can be assured that we will obtain the compensation due, so that you can resume your life.

Insurance Companies, and Their Potential Role in Your Pursuit of Fair and Just Compensation for Your Losses
We often encounter defense strategies dictated by insurance companies attempting to avoid having to pay damages on behalf of their clients. Be advised that it is in the best interests of the insurance companies to pay as little as possible to you, the victim in the event of any accident caused by the negligence of their policyholder(s). Tactics utilized by these companies range from tricking you into accepting a low-ball settlement (one which is wholly insufficient to fully recover your financial losses), to intentionally attacking the character of your lost loved one—in an attempt to place blame upon them for their own wrongful death). Insurance companies facing the gauntlet of legal action, and the greater potential for subsequent awards of damages possible in trial, enlist an entire range of strategies and arguments to either completely avoid liability, or decrease the amount they will have to pay. The attorneys of our Law Office want you to rest easy. We have successfully battled nearly every major insurance company in the country and recovered $1,000 in damages suffered by our clients. Every major legal defense law firm in the nation recognizes our reputation for a thorough investigation and aggressive litigation in pursuit of justice for our clients. Although recent judicial decisions and legislative actions have further restricted the successes of other law firms’ attempts to secure justice for their clients, our Law Office continues to be one of the most highly recognized legal practitioners known for successfully litigating cases, and providing positive results for our clients. Do not allow your legal rights to be taken from you, or your entitlement to just and fair compensation for your losses to go unused. If you have lost a loved one in a fatal drunk driving, or wrongful death accident, contact our Law Office today for a free consultation. Let us recover your financial losses, protect the memory of your loved one, and battle for your rights. We are here for you.

===================gtg

Burn Injury Attorneys Can Help With Your Situation

Fire is one of the natural elements of the universe that was created by God and it’s probably the most destructive force on earth. An average summer day in Texas can reach as high as 100 degrees Fahrenheit.

Now imagine touching something ten (10X) times as hot. Scientists say the temperature of an average fire can reach 1,000 degrees Fahrenheit. There are only a few things on earth that can withstand the heat of a fire, and human skin is not one of them. In fact burn victims have been known to suffer nerve damage, disfigurement, and even death as a result of exposure to fire. If you or someone you know has been injured or died in a fire due to someone else’s negligence, call our burn attorneys today for a free consultation.

There are more than two (2) million burn injuries are reported every year in the United States. About twenty (20,000) thousand people are admitted to the hospital because their burns cover at least twenty-five (25%) percent of their body. Some of their injuries are so severe that about ten (10,000) of those victims will die from their wounds.

According to the Bureau of Labor Statistics:

Burn injuries are the top cause of accidental death in America after car accidents.
Children who are fourteen and under die in accidental home fires more than any other age group. And it’s the third leading cause of death for adults.
Adults over 55 are injured in house fires more often because they fall asleep by smoking.
The kitchen is the deadliest place in the house for people ages 75 and above because it’s where they are injured most. And people ages 75 and older are more likely to die in a house fire because they might be informed and unable to escape.
Children from birth to 4 years old suffer from hot water scalds more than any other age group.
Newborn to 2-year olds have more emergency room visits due to burn injuries they received in the kitchen and bathroom than any other age group.

Because of the debilitating nature of burns, they are the most expensive injuries to treat. The more of a person’s body that is exposed to burns, the more it will cost to treat them. For instance, a burn that covers just ten (10%) of a person’s body can cost more than $100,000 in hospitalization and physician fees. If the wounds are more extensive, more costs could apply for reconstructive surgery and possibly rehabilitation. In addition to the cost to treat the burns the injured person has to miss days from work. So the accumulation of their injuries, medical bills, and lost wages often can lead to psychological stress and depression. If you or someone you know is suffering from burn injuries due to someone else’s negligence and you need legal assistance, call our burn attorneys today for a free consultation.

====================gtg

How Burn Injuries Happen

You might have heard about Dallas Wiens’ story. He is the Texas man who received a full face transplant – the first in the United States – after he was disfigured in a work-related accident. Wiens had his face practically melted away and he lost his eyesight after he accidentally touched a power line while he was painting. He recently received a new nose, lips, and the underlying nerves in his face so that he could feel his daughter’s touch on his face again, thanks to advancements in burn injury treatment.

More than one million people in America suffer from burn injuries every year. Whether or not medical treatment is needed depends on the severity of the burn. Most people suffer from simple household burns while they’re cooking, while others might work in an occupation where they are exposed to high temperatures such as in welding, in machinery, or in a restaurant of course. Wounds from a curling iron burn or even sunburn can range from a minor first-degree blister that can be healed by applying aloe vera to fourth-degree life-threatening wounds that require extended treatment.

The severity of the burn depends on how hot the skin gets and the length of time the skin was exposed to the burn. If the skin was exposed to the heat for an extended amount of time there could be nerve damage that prevents the victim’s arms and legs from functioning normally. It also depends on where the burn occurred on the body because of the thickness. Water and oil content is different in some parts of the body such as the hands and feet. The skin is thinner around the face, neck, and belly area. All these variations make each burn unique. If a person is exposed to extreme heat or a chemical agent, their wounds might be different than if he or she is burned in a vehicle accident or an explosion. Boiling water, gasoline spills and electrocutions also can cause different effects on human skin. That’s why there are hospitals that have special burn units that treat only burn injuries. If you or someone you know are suffering due to burn injuries because of someone else’s negligence, call our burn attorneys today for a free consultation.

===================gtg

How Burn Injuries Are Treated

There are more than 130 burn units across the United States. Most of them are housed at hospitals across the country. Some of them only work with children. Long-term treatment for serious burn injuries involves skin grafts. Skin grafts are the process of taking skin from one part of the body and attaching it to the damaged area of the body. Short-term treatments for burns include bandages, antibiotics and other methods. The effect of these treatments depends on whether or not there were previous health issues that need to be considered.

Insurance policies and Burn Injuries
More than a million people suffer from burn injuries every year which requires emergency treatment due to the negligence of someone else. Burn injuries could lead to nerve damage and limited use of the arms and legs, which is why the cost of treatment is so expensive. A majority of insurance policies are not worth enough money to pay for the average serious burn injuries. It’s because there is specialized treatment that is needed to repair burn damage. So you might think there would be a special category of compensation for someone who is victimized in this way, but there is not. Some victims suffer disfigurement, mental anguish and depression because of their injuries. Our self-esteem is based on mostly how we look – or more specifically, how others look at us. So if a person is disfigured by their injuries it could be a life-altering experience.

Burn Survivors of Personal Injury Accidents in the U.S.
If you’ve ever experienced a burn, even for a second, you know how painful it can be. So for someone who is injured in a car accident or exposed to fire for an extended period of time it can be excruciating. Some people might think they are being burned alive. And that probably is the highest form of mental anguish. It’s hard to bounce back from something like that. In fact, getting back to work can be tough. For some people returning to work is medically impossible.

====================gtg

Personal Injury Lawsuits and Long-Term Burn Care

When someone is burned badly, even if they have insurance most policies don’t have enough value in them to cover the expense it normally takes to treat someone. So the victim is left to figure out how he or she is going to foot the medical bills and if they have been disfigured there will be emotional scars that also should be addressed. Serious burn injuries don’t just heal by themselves. They need to be treated by professional specialists trained in this area. If your burn injuries are due to the negligence of someone else, you owe it to yourself to hire a personal injury attorney who can help you outline your options. Who is to blame for your injuries and how could it have been avoided? Our burn attorneys can help you to figure it out. Our team of experienced litigators will do a full investigation of your case so that you know what your next move should be.

There are three must-haves to a personal injury case:

The victim must show he or she suffered some type of physical, mental, or emotional injury. And in the case of a burn victim that should be easy to do.
The victim must show that the defendant had a duty to do no harm. If the burns came as a result of a car accident, this can mean that the guilty party failed at their duty and caused the victim’s wounds.
The victim must show economic loss, known as damages, because of the injuries. Damages include financial losses including medical expenses, property damage, and lost wages.

What to Watch Out For – Stories vs. Evidence
Even though a judge and or jury will be emotionally moved by the sight of a victim’s injuries and the story behind the injuries, it’s important to make sure your personal injury lawsuit has all the elements (named above) needed to win the case. When some people attempt to go it alone and pursue legal action by themselves, they may be left without the resources to conduct the best investigation. So it may then prove impossible for anyone to know what truly happened. However, with the help of our burn injury lawyers, our clients can be assured of having a thorough investigation conducted into their accident scene so that the truth of the accident’s cause can be assessed, regardless of what the liable driver may be saying.

Contact our Law Office for a free consultation to discuss the merits of your personal injury burn injury case. We will answer any lingering questions you may have. And we will evaluate your possible legal options in light of the specifics of your case. By starting the process to seek compensation for your injury or loss today, you can start on the road to recovery that much sooner.

======================gtg

Need An Attorney Experienced in Nursing Home Abuse?

As Americans start to age, some of them have health issues that keep them from being able to care for themselves or do the normal activities of an independent adult. These real life issues, coupled with the fact that more American citizens are joining the ranks of senior citizens are the reason that the population of nursing home residents has exploded.

These days, moms and dads both must work outside of the home to make ends meet. So there is nobody available to stay home and take care of aging or ailing family members. Nearly everyone has a family member who has lived in a nursing home or is a resident of a nursing home right now. And as much as we would like to think that the nursing home staff members treat our loved ones with kindness and patience, the reality is that nursing home abuse is a major problem in America so much so that there have been congressional hearings on the subject.

If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact a nursing home abuse attorney. Call for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. As married couples spent more time away from home working, nursing homes and day care centers for adults and children who were unable to stay alone became a necessary part of society. As the cost of living goes up, some senior Americans don’t have enough money to cover their cost of living expenses plus their cost of medicine that so many of them in this age range must take. So many senior citizens have had to give up their large homes and independent living to move into nursing care centers where they can receive medical care and the personal attention they deserve.

Advancements in medicine and in the healthcare industry have made it so that senior citizens are living longer and that’s why owning nursing home centers has become one of the most lucrative residential properties in the real estate business today. As profitable as this kind of business can be, some people only view the residents as dollar signs and potential paychecks rather than human beings who need extra care and patience.

For the elderly people who find themselves added to these numbers annually as they become nursing home residents, it doesn’t take them long before they realize their new environment is not as they envisioned. ‘Home’ should be a nurturing and peaceful environment. But statistics show that some nursing home residents endure mental or physical abuse because they are at the mercy of cruel healthcare workers. If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact a nursing home abuse attorney at our Law Office for a free consultation.

When nursing homes became popular some forty years ago they were not state-regulated and prospective employees were not screened. But as more senior Americans started to move into the nursing homes and abuse became a problem, more guidelines were put in place to address the issue. When applying for employment at nursing homes prospective employees were not required to have any formal training. Now, some forty years later prospective employees must go through a broad criminal and employment background check before they are allowed to start working. In the beginning, a drug test was just a visual inspection of how a person looked. Now drug tests are completed by medical personnel and the list of drugs tested for is extensive. Nursing home employers now put so much emphasis on drug tests because some believe that employees misbehave or mistreat their clientele because the employees are using drugs that alter their judgment. Also resumes help hiring managers to make better decisions on who will be a part of their staff so their elderly residents are more likely to receive adequate care.

As senior citizens continue to age they become less independent, more vulnerable, and less confident in their decision making. Their diminished capacity coupled with the overbearing behavior of the staff has subjected them to the demoralizing actions of nursing home workers on a regular basis. Some of the mistreatment includes slapping, pinching, being heavy-handed while grooming the patient’s hair, taking pictures of the patients in compromising positions and ignoring patients’ requests for help using the bathroom. Some residents have even reported that they were raped by nursing home caregivers.

The fact that elderly family members must live away from the family is the source of contention for many, especially since nobody can be sure how their loved one is being treated when they are not present. But here are some suggestions that will decrease the chance that your elderly family members will be victimized:

Relatives should make unannounced daily and weekly visits at various times.
If you can not make personal visits, be sure to make impromptu telephone calls.
Reassure the senior family member of your whereabouts and contact information in case they need help in an emergency.
Introduce yourself to nursing home staffers so they know you and other family members are concerned about the safety and happiness of your loved one.
If staff members know you and other family members are monitoring what happens to your loved one, they are more likely to treat that person with care and respect and less likely to act negligent or abusive. The nursing care industry also has worked to teach healthcare staffers proper techniques and more appropriate ways to care for infirmed senior citizens. And that has added to the growing number of reliable nursing home employees working in the United States who are great at performing their jobs. Some of them even have earned degrees as Certified Nursing Assistants. Sadly though, some staffers have a history of domestic violence, drug addiction and some are unregistered pedophiles. It is clear that these questionable staffers who have managed to remain employed in this industry and have gone from job to job have preyed on the elderly for way too long. Senior Americans are in need of the same care that goes into protecting a child who is cannot defend him or herself.

If you have a loved one that is being abused or whom you suspect is being abused and who lives in a long-term nursing facility, call our Law Office as soon as possible. The longer you wait the more pain and suffering your loved one could be going through. Our associates along with our team of experienced investigators will do what it takes to uncover the suspected abuse. With more than twenty (20) years of courtroom success, our Law Office will help you protect your loved one against the ever-growing epidemic of nursing home abuse. The telephone call is free and the initial legal consultation is priceless.

Nursing Home Abuse at Its Worse
The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family members for fear that the abuse will become more severe. That’s why nursing home management should do it’s part of let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. If a nursing home staffer is found to be negligent or abusive, the offending nursing home employee or employees could face criminal and civil charges.

The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence is a good thing, but if the alleged victim is unable to testify to their experience or can not answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.

Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas, medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits that were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our attorneys are such litigants. Our associates are good at what they do best which is to use the law and their investigative skills to uncover the truth.

Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. The nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact our Law Office for a free initial legal consultation.

====================gtg