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Nursing Home Legal Representation

Oct 7, 2020

We are all going through a very difficult time as we battle through the economic and emotional impact of the COVID-19 pandemic. However, we know that there are family members, whether they be parents, grandparents, or other loved ones, that have been further impacted due to their vulnerability to the virus. Within that older demographic, for whichever circumstance, many are forced to live in nursing homes. These are places that are supposed to guarantee the safety of our elders, especially in these chaotic moments even if their physical vulnerability is at an all time high. The staff within the nursing home is supposed to safeguard the health and well-being of those who live there. Unfortunately, throughout this period, there has been an increased pattern of negligence in care towards our elders within these establishments.

For that reason, we believe that you are here because a loved one may have been affected by a lack of responsibility and neglect within the home. If you believe that the facility failed to provide the basic standards for disease prevention, you and your family have every right to be monetarily compensated. For that reason, we advise you to stick around with us, as we provide you with a detailed account on how to file a lawsuit with a personal injury lawyer when dealing with nursing home neglect during COVID-19.

Grounds for Lawsuits

You must understand that those responsible for the well-being of the residents within the home, cannot justify their negligence on the pandemic. Furthermore, when dealing with nursing home legal protocol, there are three legal grounds that qualify for a lawsuit. The following are:

Pure negligence: Florida law demands that nursing homes maintain their most basic set of adequate care for their inhabitants. Clean facilities, fresh food, running water, and electricity are just some on that list. However, disease prevention is perhaps the most important goal that any staffer must uphold within the nursing home. Although the chance of transmission is high, it just takes one person to infect the entire nursing home. There are many reports of failure to sanitize common areas, inadequate food preparation, and refusal to wear masks within the homes. These would automatically qualify as gross negligence from those responsible.

Resident Bill of Rights tied to COVID-19: All nursing homes provide their residents with a Bill of Rights, enticing their rights and privileges within the home, as well as the staffer’s responsibility with their residents. These rights of course, are ever more important through the pandemic. If these become breached by lack of routine hygienic care and sanitation protocols, or the refusal of allowing residents to do their rightful exercise, a lawsuit must be pursued at once. That is because those three components can greatly contribute to the transmission of COVID-19 throughout the nursing home.

COVID-19 medical malpractice: This is perhaps one of the most serious cases of nursing home neglect because of the health hazard that it amounts. Medical malpractice may be called upon if the resident fails to receive routine medical checkups, virus testing, and is negligently exposed to infected staffers or other residents.

Possible sets of legal compensation

If any of the mentioned grounds for lawsuits are proved, you may be entitled to the following settlements with compensation:

Summed medical care for the consequences of viral transmission, as well as any costs added due to pre-existing medical conditions on top of the viral infection.

Hospital stay costs, if the infection becomes severe the patient will be treated in the intensive care units for an indefinite period of time.

Loss of quality of life expenses become vital especially throughout the patient’s recovery period. Even if the victim survives the infection, the long-lasting health effects will diminish the person’s quality of life, thus making compensation necessary.

Pain and suffering.

Mental and emotional pain compensation.

Necessity of hiring a lawyer

The truth of the matter is that filing a nursing home COVID-19 neglect lawsuit is not an easy task. Whether you’re the victim or your loved one is, the chances of you winning a settlement without legal representation are extremely slim. You need a Covid-19 nursing home negligence attorney to help you with the necessary paperwork, do the talking for you, and add value to your claim.

How will she or he do this you may ask? Simple, the attorney will begin by constructing a thorough investigation of the facts that led to gross negligence. Questioning staff members, gathering witnesses, and analyzing the sustained damages will fortify your lawsuit. Having a lawyer by your side will cause those involved to actually provide you with honest answers on what led to a possible viral infection within the nursing home. You might be frustrated to find out that without a legal representative by your side, those responsible will opt to lie and create deceit. If your case goes to trial, your attorney will have the ample and necessary experience in seeking to protect your own or loved ones’ rights.

Now that you are more educated on the legal complexities regarding nursing home negligence throughout this pandemic, we hope that you will opt to hire a Covid-19 nursing home negligence attorney for the job. Furthermore, in order to do the job right, we are pleased to inform you about the legal services of the Offices of Scott J. Senft The Lawyer. Scott and his team are a set of competent legal attorneys that are ready to represent you in the protection of your rights, while also seeking to win your settlement. With ample experience in the field, Scott and his attorneys will find every legal avenue possible so that you can attain the compensation you deserve. With locations in South Florida and Portland, Oregon, he is at your complete service. What are you waiting for? Call them now!

Car Accidents: You Need Representation

Sep 13, 2020

Car-related accidents can happen at any given moment, leaving you with physical and financial repercussions. You are most likely here because you have been the victim of a car accident injury. There are several factors that can alter or cause these incidents, though oftentimes, the individual who suffers the worst damages is never the one at fault.

Statistically speaking, in the United States, there are about six million car accidents a year. Within those accidents, three million suffer mild to severe injuries, while 90 people a year, unfortunately, die from their accidents. Also, 2 million people have to deal with lifeline sustained injuries after their accident. While these figures are pretty worrisome, we are pleased to inform you that if you have been the victim of a car accident-related injury, you do not have to go through your process alone.

Quite the contrary, we advise that due to forthcoming medical bills and insurance claims that will be involved, that you be legally advised at all times. Stay tuned for a detailed account of the types of car accidents, the legal consequences, and why legal representation is a viable solution.

Causes of Accidents

Alcohol consumption is a leading factor in producing car accidents worldwide. Not only can they result in severe injuries, but also in tragic deaths. In the United States, about 40% of car accidents are tied to alcohol abuse behind the wheel. Victims of this type of negligence are forced to endure both emotional and physical trauma, as a result of poor decision making. Oftentimes, the inebriated individual ends up without a single scratch, while the victims’ lives are completely turned upside down with pain and suffering.

When you act as a careful driver and are simply trying to get from point A to point B, an irresponsible individual who speeds right past you is an accident waiting to happen. Speeding causes 30% of all automobile-related accidents. It is an unfortunate practice that entails a lack of empathy and compassion for other fellow drivers. A person who speeds above the legal limit puts everybody else’s lives at instant risk. The issue at hand with speeding incidents is that the person at fault will try to leave the scene since they are already going at an outrageous speed. The task to acquire the compensation you deserve, alongside dealing with the insurance companies will become much tougher. You cannot act alone when filing your legal claim if this occurs.

Similar to speeding, reckless driving also causes great distress when driving on the road. It accounts for 33% percent of car accidents in the country. Things like texting and driving, falling asleep on the wheel, or emotional driving can lead to terrible consequences. Depending on these circumstances, your claim may be easier or more difficult to prove. Do not under any circumstances believe that you will have the ability to resolve the legal implications of your accident by yourself.

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Legal Expertise

Under these circumstances, an attorney will protect your rights by protecting you from the other insurance companies’ legal representation. They will bombard you with irrelevant information and threats that seek to overwhelm you so that your claim settlement can be less than it is supposed to. They will speak for you and deduce only the relevant information in your case. The less stress you have, the more time you have to focus on recuperating from any injuries.

A lawyer will strengthen your claim by utilizing their vast resources within the legal field. When analyzing your case, they will manage to create their own investigation based on the facts that occurred in the accident scene. Your attorney will compile evidence and gather key witnesses to strengthen the narrative of your damages. By doing so, you will receive the compensation you deserve.

Determining the value of your claim is a task that only a competent attorney can prove for you. It is highly unlikely that you will be able to receive an accurate settlement without your attorney completing the necessary steps:

Determining the current Florida statute of limitations.
Case law procedures.
Handling conversations with the insurance company.
Calculating the monetary value for your damages, as well as non-economic consequences from your accident.

Legal representation at trial is an event that might occur if your claim goes to court. You cannot afford to enter a hearing without legal representation. If that’s the case, there is a very slim chance that you will win your settlement. Do not let this happen to you, a lost settlement will be more costly than anything else.

We trust that after reading this article, you will opt to make the right decision that will guarantee the full protection of your rights. By hiring a car accident injury attorney your damages will not be in vain. We are pleased to inform you that the Office of Scott J. Senft The Lawyer, has experienced trained professionals who will valiantly fight for your rights. They will make sure that you receive the compensation you deserve due to someone else’s negligence in a car accident. With two locations in South Florida, one in Dania Beach and Boca Raton, they are eagerly waiting for your call. Don’t wait another minute. Contact Scott J. Senft as soon as possible!

Reckless Driving: The Covid-19 Pandemic

Sep 11, 2020

We are more than certain that these are perhaps the most uncertain and unprecedented times. The Covid-19 pandemic has brought us fear and financial burden. However, even throughout these unorthodox circumstances, the likelihood of incidents or damages created by reckless driving is more present than ever. Do not for even one second believe that just because there are supposedly fewer people on the road, that there will be fewer instances of reckless driving and automobile accidents.

According to recent reports by local law enforcement, there has been a national increase of 7% in citations, instances, violations of reckless driving within the United States. Transportation officials have stressed that many drivers are viewing less congestion of vehicles as a window of opportunity to get into their cars or motorcycles to perform acts of racing competitions, violation of Covid-19 curfews, and general speeding. As always, a lack of driving responsibility leads to deadly or negative life consequences. We want to make it clear to you that if you have been the victim of a reckless driver, you are more than entitled to receive a lawful compensation if his or her actions have cost you physical and emotional damages. We vehemently want to remind you that you are not alone during these unfortunate times because the law is on your side.

There is a due process involved that will guarantee that you are compensated for your suffering, especially when those at fault decide to violate regulations that have become even more rigorous due to the pandemic. Nonetheless, it is equally as important to state that you will not be able to seek justice on your own. Rather, you will need to hire a Covid-19 reckless driving accident lawyer, one of which will guide you throughout your legal battle. Please stay tuned throughout this detailed account on the current factors of reckless driving during Covid-19, and why it is important to hire an attorney when tackling these issues.

Photo of a Speeding Car

Speeding & Drag Racing

State and local authorities are very concerned with the increase of organized informal races on public roads. These are hazardous events that place the lives of pedestrians and other drivers on the road in jeopardy. These events have been occurring since April, and have injured various essential workers such as nurses or doctors, and regular people that have to go and come back from work. The issue is that these are individuals who flee the scene, so it becomes extremely difficult for a victim to be able to identify the aggressor without the help of a competent attorney. Several states including Florida, have noted an increase of at least 42% in speeding tickets ever since mandatory quarantines have been placed. Unfortunately, one would assume that with the onset of the virus, people would be more empathetic in the well being of others as well as being more receptive to mandated laws. However, that is not the case. Please note that if you undergo any damages, starting from a minor crash to a worst-case scenario hit and run type of situation, you are entitled to seek a rightfully owed compensation.

Evidence linking Covid-19 to reckless driving

The renowned data company, Zendrive, has made the effort of acquiring substantial miles worth of driver data that managed to portray how exactly the current pandemic has influenced driving skills and behavior. Zendrive’s researchers also analyzed behavioral data from the five weeks before to the general March 16 lockdown and then proceeded to compare it to the first five weeks of the actual lockdown. By doing so, they gathered the following results:

A recorded 27 percent increase within the number of vehicle drivers that exceeded the mandatory speed limit.
There was an alarming 38 percent increase in drivers who utilized their phones to text and justified their decision making because there were fewer cars on the road.
A recorded 25 percent increase in hard braking due to distracted driving.
The number of collisions per 1 million miles increased by at least 20 percent. In other words, fewer crashes but more serious and fatal collisions.

Pandemic effect on law enforcement

Despite the fact that as we mentioned, there has been an increase in police citations and speeding tickets, several police departments are also urging police officers to make fewer stops unless they’re extremely necessary. The idea is that by making less stops, there will be a lower chance of transmission if traffic flows and there is not too much interaction between officers and drivers.
However, this can be seen as a double-edged sword because a lack in the presence of law enforcement is actively enabling the onset of reckless driving. Overall, this pattern “police relaxation” seems to be unfortunately further jeopardizing the lives of reckless driving victims. For that reason, a competent attorney would also utilize that occurrence to add value to a potential personal injury claim

Hire a lawyer

Now that you are more informed on the current facts regarding the complexities surrounding reckless driving throughout these times, let’s go ahead and review the benefits of acquiring legal expertise when you decide to seek justice.

If you have been involved in the crash, not only have you sustained physical damages, but there is also the risk of contracting Covid-19 if the other driver, police officers, or medical personnel approach you. Be aware that the pandemic is a risk that can affect your quality of life and for that reason, the probability of contagion will be added onto your claim especially if the at-fault party is not wearing a mask.
Your attorney will assess the damages of your car, body, and emotional trauma sustained in the accident. By compiling the necessary evidence proving them, your compensation will provide monetary relief for those specific damages.
Serious injuries from a reckless driving accident could impede you from being able to work for a long period of time resulting in loss of income. No income also means stressful headaches, especially when your medical bills begin to pile up. Nonetheless, you deserve rightful compensation for any of that lost income, especially when you need to pay off your incoming medical bills. Furthermore, if your injuries are classified as permanent, or your damages result in impairments that force you to seek a lower-paying job, you may also recover compensation for future losses of opportunity.
Also, please note that achieving compensation in Florida for pain and suffering is attained by accurately exemplifying the overall negligence claim, to the at-fault party’s insurance company. At that point and time, your attorney will divide up your damages into economic assets such as medical bills or lost wages as well as non-economic damages like emotional trauma.
An expert attorney will fight for your rights, especially in such an unprecedented time that is driven by a virus that is inflicting terrible uncertainty in all of us. Throughout your legal battle, your lawyer will provide you an objective view of your process in a time where your emotions may not be as stable. A steady and reasonable voice of reason will guide you expertly through your case.

We are confident that with the given information you may feel more knowledgeable of the facts surrounding a reckless driving accident. Perhaps the most important aspect of the article is that you understand that without a Covid-19 reckless driving accident lawyer you will not be able to attain the compensation that you deserve. For that matter, we are pleased to inform you that the Offices of Scott Senft The Lawyer will provide you with all of the legal tools and necessary expertise to successfully guide you through your legal battle. Scott and his team genuinely wish to aid you in your most difficult moments. They are ready to take your case and compile all of the necessary steps to build a strong argument that truly gets you reparations for your damages. With two locations in South Florida, Scott and his team are ready to take your call!

The Most Common Workplace Injuries

Mar 19, 2020

According to the U.S. Bureau of Labor Statistics, 2.8 million nonfatal workplace injuries and illnesses were reported by private industry employers in 2018. Though it’s the employer’s responsibility to provide a safe and healthy work environment, the truth is that random incidents can happen to anyone at any time. Some of these incidents might have more or less serious consequences for both the injured party and the company. With that being said, it’s important that employees are cautious and responsible while at work.

The workplace contains many safety hazards which can potentially cause accidental injuries to employees. These are some of the most common types of injuries that employees can suffer in work environments.

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Slips, Trips and Falls

Employees may slip on a wet or slippery surface, causing them to land on another person, object, or the floor. They can also stumble and trip over inappropriately placed objects in a corridor or walking surface. Ladders, improper footwear, stairways or roofs are typical risk factors for falls in the workplace.

As a result of any of these incidents, workers can break bones, sprain their wrists, hit their heads, twist their ankles or suffer other painful injuries. In order to prevent these from happening, managers must make sure all floors, carpeting, and mats are even. It is also important to ensure that cables are covered, employees are provided with proper footwear and protection gear when needed, and that safety measures are taken to ensure there are no obstacles in place while working.

Machine Entanglement

Machine entanglement is a workplace injury that can occur in factories, construction sites or farms where heavy equipment and machinery are used. Clothing, shoes, hair, and fingers can easily get caught in everyday equipment if no precaution is taken. If body parts get caught or struck by exposed moving parts or flying objects from machines without protective guards, the injuries can be disastrous: crushed arms and hands, severed fingers, blindness or worse. These incidents can be easily avoided if employees are properly trained, have protective gear, and are attentive while operating machinery.

Repetitive Motion Injuries

Repetitive motion workplace injuries may be less obvious to the naked eye, but they are definitely harmful and painful in the long run. Everyday actions such as typing or clicking with the mouse can strain tendons and muscles causing wrist pain, backache, or carpal tunnel syndrome. These injuries can be severe enough to inhibit simple activities with debilitating and crippling pain; so much so that they can even permanently impair a worker’s ability to perform his or her job.

These work injuries can be prevented with proper ergonomic equipment and by allowing employees to take short breaks and rests from their tasks.

Vehicle-Related Accidents

Employees who drive for business purposes are often injured in car accidents and some of those accidents can be fatal. They can also be run over, crushed by, or get stuck under an overturned vehicle on their way to the office.

In order to prevent them, it is important that companies insist on good driving policies and employees are well trained.

Overexertion Injuries

Overexertion workplace injuries are injuries caused by heavy lifting, carrying heavy loads, pulling and pushing heavy objects, etc. These injuries contribute to productivity loss and millions of dollars being spent on health benefit payout costs.

Fire and Explosions

Faulty gas lines, improperly stored combustible materials, open flames, explosions, and fires can cause serious workplace injuries. These injuries can include damage to the respiratory system, varying degrees of burns and even potential disfigurement.

Injuries in the workplace caused by explosions and fires are quite common and they account for 3% of all injuries. In order to prevent them, OSHA has established a number of hazard communication standards that companies who use chemicals and flammable materials or explosives need to comply with. In addition, they recommend that material safety data sheets are kept on hand for all chemicals and that employees are required to wear protective gear at all times.

Preventing Injuries In the Workplace

Diligence, proper equipment, and training are the most effective and efficient ways that companies can protect their employees and prevent injuries from occurring. But it’s not enough. Safety needs to be considered in a holistic way; employees need to have access to protective gear and receive adequate training just as the organization needs to comply with environmental and federal regulations as well. So when necessary, identify and be aware of hazardous practices, equipment or infrastructure. Replace and fix where possible and train employees about workplace safety.

In order to succeed in this holistic consideration of workplace safety, both employees and managers need to be engaged and mutually collaborating in ensuring that any safety programs implemented are maintained and improved properly. It’s equally important that your workplace and business operations are analyzed in detail. Managers need to review company equipment regularly, talk to employees about their safety concerns and analyze any potential risk that comes with adding new equipment or tasks.

What To Do When A Workplace Accident Occurs

No matter how many workplace safety programs you implement or how well trained your employees are, workplace accidents resulting in injury can occur. Apart from calling for medical assistance immediately and receiving the medical care you require, victims should also call a workplace injury attorney. A lawyer with a solid background in workplace injury accidents will ensure that you, as a victim, receive the medical and legal compensation you require.

Defective Product? Learn What Steps To Take!

Feb 18, 2020

As consumers, we are always purchasing different kinds of services and products, from online streaming options to electronics, toys or tools. Manufacturers must abide by strict rules before offering their products at the market in order to ensure that they are not dangerous or harmful to users; instruction manuals have to be provided and the manufacturing process has to be properly controlled. However, sometimes defective products are released and users can be injured. On such occasions, you may be entitled to compensation. Presenting a legal claim because of a defective product is your right as a victim. Learn what steps you can take and the different types of wrongful product liability cases you can present.

Defectively Manufactured Products
Generally, when a defect in manufacturing occurs, it affects only a couple of products in a line. As a result, if a product fails and someone is injured, but it’s specific to that individual item, it could be a manufacturing defect.

Design Defects in Products
If a line of products has a core flaw because of which they fail even when used properly, this could be a design defect. It means that something was not considered or taken into account when the product was designed and now that design creates an unfortunate and potentially tragic tendency for the device or product, causing failure or injury to the user.

Inadequate Warnings
If a product can be used safely but carries inherent dangers that should be avoided, the manufacturer must warn users about those dangers and let them know how those can be avoided. If they fail to do so, you can present a claim against them.

Unless you’re an expert, it can be difficult to differentiate between these three types of defective product cases. This is why it’s so important to follow the right steps as soon as you are injured and consult with a legal expert so that you can receive the legal assistance you require.

I Was Hurt By A Defective Product – What Shall I Do?

Take Care Of Your Injuries
Depending on the injuries caused by the defective product, a doctor’s appointment may suffice. Going from there you may have to go to urgent care or even call an ambulance. Once you feel better you’ll have plenty of time to think about legal compensations.

Don’t Throw Away The Product
No matter how angry or pissed off you are, if possible, keep the product as evidence. If it was defective, badly designed or manufactured wrongly, having the actual item in hand can be a super important piece of evidence. The team of legal experts at our law firm will examine the product and determine what kind of defective product claim you can successfully present.

Document the Product
Provide as much information as you can, related to where, when and how the product was bought. Sales receipts, extended warranties, or maintenance documentation can be very useful. Keep any medical records associated with your injury.

Talk To a Lawyer Expert on Product Liability
Call the Offices of Scott J. Senft and ask for a free consultation. Remember that there are time limitations on defective product claims and the sooner you meet with Scott or any of our experienced lawyers, the sooner we can start looking into your case and help you!

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