fbpx
Nursing Home Legal Representation

Nursing Home Legal Representation

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!

Reckless Driving: The Covid-19 Pandemic

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.  

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!

Call Now Button
English EN Spanish ES