Signs of Chemical Restraint Abuse in Nursing Homes
Caring for the elderly can be a very rewarding job, but that doesn’t mean it isn’t without its challenges. Regardless, our parents and grandparents deserve to be treated with the utmost care and respect in their vulnerable years. They depend on caregivers to meet their physical needs, and in some cases, their mental and emotional ones too. Most seniors take at least one prescription drug to treat or manage health conditions such as high blood pressure, osteoarthritis, or depression.
Without stating the obvious, there are appropriate and inappropriate uses of prescription medication. While psychiatric or psychotropic medication is commonly used to treat mental illness, Medicare and Medicaid programs both prohibit chemical restraint, as does Washington State law. The potential for overuse and abuse as well as injury, harm, or death to the patient is just too great.
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2020 Recreational Boating Statistics Report Reveals 25% Increase in Boating Fatalities
The U.S. Coast Guard 2020 Boating Safety Statistics Report revealed a 25.1 percent increase in boating fatalities nationwide. As always, inexperience and drunkenness were leading causes of boating accidents but a significant increase in boating activity during the pandemic was likely a factor as well. It simply came down to more hours spent boating translating into more boating accidents and injuries.
If you or a loved one was injured in a boating accident because of the negligent or reckless behavior of another, you have a right to seek compensation for your injuries. A boat accident attorney can discuss your legal rights and help you fight for a fair settlement.
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Personal Injury Claims for Drunk Boating Accidents
Boating accidents may not be as common as car accidents but there are still thousands of accidents every year. According to data from the Coast Guard, there were 4,168 recreational boating accidents and 613 boating accident-related fatalities in 2019 alone; this was a slight decrease from the 633 boating fatalities reported in 2018. In 2019, the boating fatality rate was 5.2 deaths per 100,000 registered recreational vessels. In addition, 2,559 people were injured and there was $55 million dollars’ worth of property damage.
Some of the common causes of boating accidents are inexperienced captains, unfavorable boating conditions, and drunken boating. In fact, drunk boating accidents are responsible for hundreds of injuries and boating deaths every year.
If you or a loved one was injured or killed because of a drunken boat skipper, you are entitled to file a boat accident claim that seeks to recover damages. An experienced boating accident attorney can discuss your legal rights and help you through the process to ensure you get the maximum settlement for your injuries.
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How to Keep Your Family Safe During a Heat Wave
While it’s very rare for extreme heat events to affect the Pacific Northwest, especially as far north as Whatcom County, we know they can happen. We were recently reminded of this reality at the end of June and early July with three days of record-breaking heat. Sadly, the Washington State Department of Health reports that during the extreme weather event, one person died in Whatcom County and a total of 91 people died across the State of Washington. The last time we saw temperatures at these levels was in 2009, but scientists expect extreme heat events to become more common in the coming years.
For most people who live in a home without air conditioning, an extreme heat wave is very uncomfortable but not deadly. There are groups of people who are more vulnerable when exposed to very high temperatures, including:
- Seniors
- Infants and kids up to four years of age
- People who are obese
- People who are suffering from chronic illnesses or who are taking certain medications
Keeping your Family Safe during a Heat Wave
There are measures we can take to prevent tragic accidents from heat-related illness, such as heat exhaustion.
These safety tips from redcross.org are a great place to start:
- Cars are extremely dangerous during heat waves because inside temperatures can soar in as little as a few minutes. NEVER leave any person or pet – but especially pets, infants, children, or people with disabilities – in a car without air conditioning running on a warm or hot day. Cracking a window open is not enough on a very hot day.
- Keep yourself and your kids hydrated. Cool, non-alcoholic, non-sugary, and non-caffeinated drinks are best during a heat wave. Water is ideal but sports drinks or coconut water are also important as they can help replace the mineral salts we lose from sweating. Speak to your doctor about the amount of water that is safe for you to drink if you have been asked to limit water intake or take water pills. You should also speak to your doctor before consuming sports drinks if you have diabetes, high blood pressure or other chronic illnesses that affect the amount of salt intake that is safe for your body.
- Keep your pets hydrated. Make sure to provide cool, fresh drinking water for your pets during a heat wave.
- Do everything possible to keep yourself cool.
- If you have access to an air-conditioned space, spend as much time there as possible.
- Setup window or portable air-conditioning units in your most used room if you own them.
- Shut out the heat with blackout curtains or with a slab of cardboard with tin foil on the backside to refract the light.
- Avoid regular fans if your indoor space is above 96 degrees.
- Wear lightweight, light-colored, and loose-fitting clothing.
- Avoid using your stove or oven, if possible.
- Avoid activities that raise body temperature such as exercise or yard work.
- Wear a hat and sunscreen and stick to shady areas, if possible, if you venture outdoors.
- If you have elderly or ill neighbors, friends, or loved ones, check in on them at least twice a day to make sure they are doing okay. Encourage them to drink cold water or sports drinks and to take cool showers as needed. Offer to take them to a place that has air conditioning if they do not have it at home. If they do not sound like themselves or tell you that they aren’t feeling well or are experiencing any combination of the symptoms of heat stress discussed below, it may be time to call an ambulance.
Symptoms of heat exhaustion
According to cdc.gov, these are the symptoms of heat exhaustion to watch out for:
- Headache
- Nausea
- Dizziness
- Weakness
- Irritability
- Thirst
- Heavy sweating
- Elevated body temperature
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
Sources:
https://www.cdc.gov/niosh/topics/heatstress/heatrelillness.html
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Beware of Pressure Washing Injuries
Pressure washers are extremely handy tools. A pressure washer is a power tool that sprays water at high pressures. Countless homeowners and property managers use them every spring and summer to clean grime, loose paint, algae, and mold off of siding, roofing, farm equipment, patios, fences, driveways and sidewalks. But the very reason that this tool is so effective at cleaning sturdy, outdoor spaces, is the reason it can be so dangerous. To illustrate the power of pressure washers, we can compare them to the output of the standard garden hose. According to consumerrports.org, a garden hose produces water with water pressure at about 50 pounds per square inch (psi). By comparison, pressure washers can produce 1,500 to 4,000 psi. According to the Consumer Product Safety Commission, it is estimated that 6,057 people went to an emergency room with pressure washing injuries in 2014 alone. Out of those visitors, 14 percent required additional hospitalization.
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June is National Safety Month
The National Safety Council (NSC) has labeled June National Safety Month in the United States. The purpose of the label is to help bring awareness to the public about the health and safety risks that increase in the summer months in order to decrease the number of injuries and deaths that happen at home and in the community. Visit the National Safety Council website for tips and resources.
If you or a loved one was injured because of the negligence of another, you have the right to a settlement that will compensate you for your injuries. Contact a personal injury attorney to discuss your legal rights and get the help you need to get back on your feet.
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Personal Injury Settlements for Moderate to Severe TBI Should Cover Long-Term Effects
Traumatic brain injuries (TBI) are responsible for many deaths and permanent disabilities every year. According to data on cdc.gov, there were about 61,000 TBI-related deaths in the United States in 2019.
TBIs are typically caused by a violent bump, blow, or jolt to the head. In some cases, an object penetrates the brain such as a shard of glass from a windshield and causes a penetrating head injury that disrupts normal brain function. Symptoms of traumatic brain injuries include physical paralysis, chronic pain and other chronic health issues, sleep issues, loss of hearing, loss of control of bowels or bladder, headaches, lost sense of taste, and seizures.
Moderate to severe instances of traumatic brain injury can change your quality of life for the worse for the rest of your life. A TBI can also have a huge impact on the family of the victim if the injured person needs ongoing care, can no longer work at their career, and/or take care of the kids or other family needs. These types of losses can and should be compensated through a personal injury claim or lawsuit when the injury occurred due to the negligent actions of another.
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What is Pain and Suffering in a Personal Injury Claim?
Personal injury claims are brought to hold the negligent party accountable for the damages they caused. Pain and suffering is a part of the compensation provided in a personal injury claim. But what is it? Pain and suffering is the legal term for the physical and emotional stress caused by an injury; it is a non-economic loss that is worthy of financial compensation.
Some damages that fall under the pain and suffering portion of a personal injury claim are:
- A loss of enjoyment or disruption to the way you normally live your life
- Temporary or life-long limitations on activity
- Loss of the ability to communicate effectively
- Loss of eyesight
- Debilitating physical impairments or disabilities such as paralysis
- Mental and emotional distress
- Aches and chronic pain
- Physical deformities or disfigurements such as severe scarring or loss of a limb
- Forced infertility or the loss of reproductive organs
- Shortened life span
How is pain and suffering proved in a personal injury claim?
In a successful injury claim, your personal injury lawyer will secure compensation for pain and suffering by proving that you have suffered. In order to prove that you have endured or continue to endure pain and suffering, the accident attorney gathers relevant information, including:
- Medical diagnoses
- Medical bills
- Medical records
- Pictures of injuries
- Records of psychiatric care
- Testimony from medical experts, as needed
How is pain and suffering calculated?
In addition to proving pain and suffering, the law also requires that a value is assigned to it. A personal injury lawyer can accurately identify the value of your claim based on your injuries. If you bear partial fault for the accident, there was no damage to the vehicle or if the injuries were minor, you can expect the insurance adjuster to reduce your pain and suffering offer. The injury lawyer also factors in a settlement range that is most likely to be offered in negotiations or in a jury award. This information gives the plaintiff a good idea of what compensation they can expect for their pain and suffering from a reasonable offer.
One of the many advantages of hiring a personal injury attorney to help with a personal injury claim is their help calculating a dollar value for your pain and suffering.
Is there a time limit on recovering for pain and suffering?
Yes, personal injury claims come with a “statute of limitations” that puts a cap on the time that an injury claim may be filed. If a claim is brought after the deadline, the judge may deny the claim. In Washington State, most injury claims have a three-year statute of limitations but an exception is made for minors who have three years from the day they turn 18 to file a claim.
There are also practical reasons for contacting an attorney as soon as possible:
- Filing an insurance claim or a personal injury lawsuit takes time.
- The farther away from the accident, the harder it is to remember details or to keep track of witnesses.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
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Common Myths About Personal Injury Lawyers Debunked
Lawyers get a bad rap and personal injury lawyers are no exception. We’ve all heard the jokes. In truth, commonly held false assumptions, misconceptions and wild myths keep some injured people from getting the help they need to reach a fair settlement on their injury claim. Sadly, this plays right into the hands of the insurance industry that would love nothing more than to have all their low-ball settlement offers accepted by people lacking representation.
We hope to debunk some of the most common myths about personal injury lawyers in this article so you can feel more confident seeking much needed legal advice for your injuries.
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How Personal Injury Attorneys Can Help with Lienholders
If you were injured in an accident because of the negligence of another, you should know that lienholders can legally claim part of your settlement compensation. If you are dealing with lienholders on your claim compensation (or you aren’t sure if you are), you will benefit from the help of a personal injury attorney.
Types of lienholders in personal injury claims
There are many different types of lienholders that can lay claim to a portion of your injury settlement, including:
- Medicare and Medicaid (government)
- Doctors, hospital and other health care providers
- Workers’ compensation insurance
- Health insurance company
- Veterans administration
- State child support agencies
- Car insurance company*
*A car insurance company is the most likely to place a lien on your compensation so they can recover the money they paid for your medical care (this is called subrogation).
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