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Fort Myers, Florida, The Elements of a Crime

April 6, 2021/0 Comments/in Legal News /by maha

Every crime that takes place must fit a certain concentration of elements. These elements must be prosecuted to prove that the defendant truly did carry out that crime, to begin with. Anyone who is convicted of a crime or is being accused of a crime should speak out to a criminal defense lawyer as soon as possible so they can begin working on their case and building a defense, so they do not get charged unjustly in court.

Once a person is arrested, they are usually first brought into the local county jail to undergo the initial processing. In this step, they have their personal information and biographical information recorded to determine if they have any sort of prior criminal history. Anyone who is confronted by police has the right to remain silent. This right should be exercised as many times officers try to lock in a statement from a person and they will manipulate the conversation to get a person to say the words they need to convict them.

In many cases, the best defense a person has is to remain silent until they can get the legal expert advice of an attorney on their side. Once a person goes through the initial process at the police station, they will have to go through the first appearance or what is also known as magistrate court.

They will undergo this hearing within 24 hours of their arrest and in this time the judge will read out the criminal charges and any past criminal history a person may have. The charges may or may not entitle a person to bond and this varies from case to case.

How Long Will a Criminal Case Last in Fort Myers, Florida?

The amount of time a court case will take depends on the complexity of the crime and other factors such as the county they were charged in and whether they committed a misdemeanor or a felony act. Whether a person is guilty or innocent, they should speak to a criminal defense attorney, so they get the assistance they need in defending themselves and possibly reducing their charges as well.

If a person tries to take matters into their own hands, they will likely miss important legal rules, and this could lead to serious consequences and worsening of penalties in the court.

No one should have to fight their case alone, and a criminal defense attorney at the Law Office of Robert Foley can help a person get the help they need and make the required statements, so they are not unnecessarily penalized in court.

Get in touch with them here:

(239) 690-6080

[email protected]

2259 Cleveland Ave,

Fort Myers, FL 33901

https://onlinelawyernetwork.com/wp-content/uploads/2021/04/inaki-del-olmo-NIJuEQw0RKg-unsplash-1-scaled.jpg 1707 2560 maha https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png maha2021-04-06 20:18:082023-03-02 22:11:54Fort Myers, Florida, The Elements of a Crime

Why hire a truck accident attorney after a box truck accident in Pennsylvania results in damage?

April 6, 2021/0 Comments/in Legal News /by nora

Pennsylvania – March 31, 2021

An Ellwood City man driving a box truck died in a two-vehicle crash in West Deer according to the West Deer Police Chief.  The driver veered off the road for about 50 feet, crossed back across the highway and crashed into a northbound car, hit the guardrail, and eventually came to a stop.  Emergency medical personnel came to assist the driver, but he was already dead.  A preliminary investigation points to a possible medical issue, but a determination on cause of death will be relayed from the medical examiner.  The other driver was hit from behind and had apparent property damage to her vehicle, and no visible physical injury at the scene.  After an injury accident, it is important for victims to seek medical treatment and screening to ascertain any invisible injuries caused.  It is also important to determine the cause of a truck driver’s action leading to a truck accident in Pennsylvania, as it is significant to the determination of fault and physical/financial recovery for accident victims.  Victims of harmful physical, emotional or property losses should speak to a truck accident attorney who can guide their actions toward damage compensation.

Trucking company responsibility.

Trucking companies are liable for their actions, despite work relationships with independent contractors.  If an accident occurs during the course of employment, meaning that if a driver was on a route determined by the hiring company and acting within the scope of their employment when an accident occurred, the company may share liability. Every case is specific and lawyers will need to prove negligence based on the evidence provided.  When a company is not found to be liable, then a driver may have to turn to their own policy for insurance compensation to cover any related injury, or property damages.  A truck accident attorney can be instrumental in claims processing with the insurer.

Driver restrictions.

When commercial trucking accidents occur, truck accident attorneys can navigate any necessary action toward compensation for damages. Federal and Pennsylvania State impose mandatory regulations for truck drivers, and if a trucking company is pushing driver actions to violate those regulations including driver health screenings, they may be found at fault

Insurance recovery.

An accident attorney will utilize Pennsylvania’s  “modified comparative negligence” rule in the recovery of compensation in a truck accident claim, but the amount of compensation will be reduced by an amount that is equal to each driver’s percentage of fault. The state also has a “no-fault” component where victims can access payment from their own insurance companies to cover certain immediate expenses related to the accident for medical treatment and funeral expenses in the case of wrongful death.  An experienced accident attorney  can answer most victim’s questions on the necessity of legal action toward financial recovery.

Hire an attorney.

Accident attorneys can build strong cases with supporting evidence, and objectively speak on a victim’s behalf in court, or with an insurance company’s legal team to yield a positive result.  An experienced truck accident lawyer at Scanlon & Wojton will fight for accident victim’s rights in accordance with the trucking industry rules, in concert with state and federal accident laws.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources.

Ellwood City Man Dies In 2-Vehicle Crash In West Deer Township

 

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

https://www.truckinfo.net/trucking/stats.htm

https://www.fmcsa.dot.gov/regulations/title49/b/5/3/list

https://www.dot.state.pa.us/public/PubsForms/Publications/PUB%20194.pdf

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Can a truck accident victim file a lawsuit for damages in Texas if it has more than a year after their crash?

Can a truck accident victim file a lawsuit for damages in Texas if it has more than a year after their crash?

April 6, 2021/0 Comments/in Legal News /by jennifer

McAllen, TX—While some accident victims might assume that if they want to take legal action against the party who caused their collision, they must do so directly after the incident, this isn’t entirely true. Although it is a good idea to initiate a case early on while the evidence is still fresh and it is clear the injuries suffered were caused by the accident, truck accident victims actually have two years to file a lawsuit.

According to Texas Civil Practice and Remedies Code § 16.003, individuals who were involved in an accident with a truck that wasn’t their fault are given two years from the date of their collision to seek compensation from the party who was liable for causing it. This timeframe an individual has is referred to as the statute of limitations. Once the statute of limitations expires, there is a good chance the individual will lose their right to sue.

If an individual was involved in a truck collision in McAllen, TX a few months or even a year ago and they are looking to recover compensation for the injuries they suffered, they can contact a McAllen truck accident lawyer who can determine if they have a viable case.

 

Why does it benefit to start a case early on after a truck accident in Texas?

 

Truck accident victims are always encouraged to contact a McAllen truck accident attorney as soon after their accident as possible for the following reasons:

 

  • They need time to determine why the accident occurred and if the trucker is liable for paying the victim for the injuries they suffered. Oftentimes, this entails a truck accident attorney having to conduct an investigation and even hire certain experts such as an accident reconstructionist and/or a medical professional

 

  • When a truck accident victim waits months or even a year to come forward with their lawsuit, the other party might claim the injuries they say they sustained in the accident were actually caused by something else. Of course, a truck accident lawyer in McAllen, TX can help a victim gather evidence that shows the wreck is what caused their injuries.

 

Now, although it generally does benefit a victim to come forward with their lawsuit earlier than later, that doesn’t mean they lose their right to compensation if they wait a year to file their lawsuit. If their case is against a private party and not a government entity, then there is a good chance they can still file suit.

 

A McAllen, TX Truck Accident Lawyer Can Determine if a Victim Has the Grounds to Sue

 

If an individual would like to find out if they have a case and whether they still have time to file their personal injury lawsuit, they can contact USAttorneys.com to get connected with a lawyer in their city. USAttorneys.com works with some of the best truck accident lawyers in the State of Texas and would be happy to get an individual connected with one who is eager to help them.

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How can an accident victim in Tennessee determine if they can sue a ride sharing company after their collision?

April 6, 2021/0 Comments/in Legal News /by brian

Nashville, TN – The convenience of being able to request a ride instantly from anywhere through a phone application has made ride sharing very popular. However, the major companies that provide ride sharing services also have issues with drivers who are insufficiently screened or trained, and many of them have caused accidents. There are a number of complex regulations and issues that determine whether a person who was utilizing a ride sharing service can sue the company after the accident.  

Issues with independent contractors

Ride sharing companies have consistently tried to classify their workers as independent contractors for a number of reasons. This includes less costs because the drivers cannot receive paid time off or benefits, as well as less liability if the company can simply say that the driver does not actually work for them. While most employers are strictly liable for the actions of their employers who are engaged in their normal job duties, this analysis can become much more complex if the person working is an independent contractor. 

The victim’s situation when the accident happened

In most cases, the person needs to be hit in their car by a ride sharing driver, or a passenger who was actively being transported to their destination if they want to try to sue the ride sharing company. Pedestrians who are hit by these drivers will also generally need to prove through evidence and employment records that the driver was actually working when the accident happened if they want to sue the employer as well. 

What is it important to sue the company that the driver works for?

Auto insurance is the main way that a victim’s losses are paid, as most drivers cannot personally afford to pay thousands of dollars for medical bills and vehicle repairs. In the case of ride sharing companies, they often have very large insurance policies that can help pay for losses related to accidents. It is often much more beneficial to have the possibility of a large payout from an insurance company rather than taking a chance on whether the individual driver with their personal insurance will be able to pay out damages. Establishing liability of the ride sharing company often becomes an important part of a lawsuit against their drivers for this reason. 

More information about lawsuits against ride sharing companies

George Fusner is an experienced personal injury lawyer who deals with all kinds of car accident cases in the Nashville area. Anyone who needs help after their motor vehicle collision can contact him to receive advice about how to proceed with their case and receive the most compensation allowed by law. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027

615-251-0005

gfusnerlaw.com

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How much does workers’ compensation pay in death benefits in Florida?

Is an OSHA investigation necessary after a fatal injury in Pennsylvania?

April 6, 2021/0 Comments/in Legal News /by nora

Pennsylvania – April 6, 2021

The Occupational Health and Safety Administration (OSHA) is investigating the death of a man who suffered fatal injury after being pinned by industrial equipment in O’Hara Township last week.  He was struck by an industrial tote containing 330 pounds of liquid while working at Alpha Aeromatics, according to Allegheny County Police Officials.  Survivors of individuals who have been fatally injured at work should speak to a workers’ compensation attorney who can guide their actions toward damage recovery.

Employer responsibility.

A workers’ compensation attorney can be instrumental in claims processing with the employer’s insurer and collaborate with OSHA and other investigative teams after a fatal work injury to determine any possible employer negligence.  The State of Pennsylvania has a specific process to be undertaken when a person becomes fatally injured on the job. Emergency services should be called immediately after a fatal accident has occurred and the employer should provide the authorities with the employee’s contact information.  Secondly, employers have eight hours to report any work-related fatalities to OSHA, even if an employee dies of natural causes on the job. Notification should be accomplished by calling, or in-person reporting at the closest OSHA location because OSHA does not accept written notification.

  • Notification to OSHA should include company name, location and description of the tragic event, and the date and time of the fatal incident,
  • Employee names and contact information of those who died must also be provided,
  • When employees are injured and die within thirty day of the injury, the same procedures must be followed,
  • Pennsylvania requires job-related fatal injury reporting to the Bureau of Workers’ Compensation within 48 hours of the tragic incident.

Survivor death benefit compensation.

Eligible survivors may be entitled to weekly death benefits, based on the employee’s salary at the time of the fatal injury.  There is a three year statute of limitations to file for death benefits, but it is best to do it as soon as possible to maintain financial stability and access the burial expenses for deceased workers.  Workers’ compensation attorneys may be instrumental in filing the appropriate paperwork.

Eligibility determination.

Pennsylvania limits death benefits based on the State’s average salary, and eligibility determination can be a complicated process toward a workers’ compensation settlement, but experienced lawyers may alleviate some of the stress related to the financial stability of surviving family members as they mourn the loss of a loved one.  Death benefits may be denied if:

  1. worker died while under the influence of drugs, or alcohol,
  2. employee’s work-related death resulted from self-inflicted intentional harm,
  3. employee committed suicide, although exceptions may occur if the suicide was a result of job-related mental illness. An attorney may need to prove this type of claim before benefits will be allowed.

Eligible dependents for death benefits include children, spouses, physically, or mentally incapacitated children and siblings, and fully, or partially dependent parents.  A workers’ compensation attorney can explain the benefits based on a particular case.

Hire legal counsel.

Victims of loss should speak to a personal injury attorney in the Pittsburgh area after OSHA investigations are complete, to move forward with a workers’ compensation and/or wrongful death claim.  Accident lawyers at Scanlon & Wojton will fight for damage compensation to secure financial stability for surviving loved ones and family members.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources.

https://www.osha.gov/report

https://www.dli.pa.gov/Businesses/swif/claims/Pages/Reporting-an-Injury-or-Occupational-Disease.aspx

Man dies after being pinned by industrial equipment – WPXI

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

https://onlinelawyernetwork.com/wp-content/uploads/2021/04/photodune-3277031-work-injury-claim-form-xs.jpg 365 548 nora https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png nora2021-04-06 16:08:142021-04-06 16:08:14Is an OSHA investigation necessary after a fatal injury in Pennsylvania?

How can performance reviews be misused by employers in Texas?

April 6, 2021/0 Comments/in Legal News /by brian

Houston, TX – There are certain ways that employers can mistreat workers through means that appear legitimate on the surface. Many companies periodically review an employee’s performance to address important issues such as productivity and the quality of their work product. However, performance reviews have also been used as a pretext for retaliation, discrimination, and harassment by various companies. 

How performance reviews function in the workplace

Performance reviews are supposed to be objective and unbiased. This gives management an opportunity to discuss strong and weak points with individual workers, while discussing ways to improve and help meet the company’s objectives going forward. 

However, many workers have brought lawsuits when they noticed a sudden change in their performance reviews for suspicious or illegitimate reasons after years of positive comments. Bad reviews can cause the worker to be demoted, disciplined, or even terminated from their position. Aside from negative reviews, some employers have also been sued for systemically giving positive reviews to certain groups, which may include promotions and pay raises, while giving mediocre or poor reviews to other groups. This is clearly a form of discrimination if it is based on any characteristics other than employee performance and merit. 

Ways that discrimination can affect workers

Performance reviews can be one of the most efficient ways for employers to eliminate workers based on their age, race, gender, religion, or nation origin if these illegal acts are not detected. These processes are easily abused because there is a highly subjective element to whether a superior is satisfied with work done by an employee. In some situations, it is very simple for the victim’s manager or supervisor to essentially make up a reason why they are displeased with the person’s work product. Any evidence of an overly subjective or nonsensical performance review may be crucial within the context of a lawsuit. This is especially true if most rational people would not agree with the assessment of the person’s work. 

Problems that can legitimately result in discipline

If an employer has legitimate reasons to discipline a worker, these should be clear and documented. Reasons for negative reviews or discipline should include specific instances of tardiness, violations of company policy, disobeying direct orders, theft of company resources, or failure to complete important tasks. This kind of formal recording leaves less room for interpretation or subjective opinions as to why a worker should be disciplined. 

Lawsuits related to workplace issues

Employees who feel that they may have legitimate grounds for a lawsuit against their workplace in Texas can contact Moore and Associates. Their attorneys are experienced in all matters related to labor and employment law in the state. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

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Why are negligence laws important after an accident in Lafayette?

April 6, 2021/0 Comments/in Legal News /by brian

Lafayette, LA – When someone is hurt in an accident, they can contact their insurance company and see if they need legal help to receive the most compensation possible to help pay for their expenses. The most important legal principles for people who need financial assistance are often related to negligence. Every state has its own negligence laws, but they are similar in most many important respects regardless of where the accident happened. Negligence is essentially a failure of a person or business to act according to the proper standard of care. 

What is negligence? 

Negligence is a doctrine that has broad applicability in many kinds of civil and personal injury lawsuits, especially those involving accidents, injuries, and mistakes. This type of case makes the person or entity responsible for losses and damage pay the victim to essentially put them in the place they occupied before the incident. 

There are four basic elements of negligence. These are a relevant duty of care based on the situation, a breach of the duty of care, actual causation, and damages. All elements must be shown by the plaintiff’s lawyer at trial, otherwise no money will be collected and the defendant will win the case. Strong evidence that all four elements can be shown is likely to result in a settlement.  

Contributory and comparative negligence

One of the main differences in state law and most important issues for many legal cases is how comparative and contributory negligence are treated in the jurisdiction. These concepts have to do with how a plaintiff’s fault or contribution to their own injuries is treated. 

In Louisiana, a set of rules called comparative negligence is used. This means that fault for all parties involved in the accident, including the plaintiff, can be divided to equal one hundred percent. Regardless of the plaintiff’s level of fault, they can still collect money but their damages will be reduced relative to their level of fault. For example, a plaintiff who is found to be half at fault for their injuries will only collect half of their total amount of damages. This is beneficial for accident victims because they can always bring a lawsuit, even if it appears that they were mostly or partly at fault for their losses. There are some jurisdictions in the United States that use strict contributory negligence principles, which prevent plaintiffs from bringing a lawsuit at all even if they are only slightly at fault for the accident.  

Local lawyers who can bring negligence cases

Miller, Hampton, and Hilgendorf is an experienced accident firm that helps clients in Lafayette, Louisiana. Their attorneys can meet with potential clients to discuss the process to bring a lawsuit and receive compensation. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

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What are some of the most important safety regulations for truck drivers in Lubbock?

April 6, 2021/0 Comments/in Legal News /by brian

Lubbock, TX – Trucking regulations at both the state and federal level are crucial to keeping highways and other roads safe. Areas such as driver behavior and qualifications, vehicle sizes and dimensions, and cargo or materials requirements are all highly regulated to ensure that companies that transport goods do not become a hazard on the roads. Despite these precautions, some truck drivers still do cause accidents, and they can either be fined by the government for safety violations, sued by victims who were harmed, or both. 

Reasons for safety guidelines

The state of Texas publishes safety guidelines through the Highway Patrol’s division of Commercial Vehicle Enforcement. The purposes of these regulations are to prevent injuries and death, reduce the possibility of accidents involving trucks and commercial vehicles, as well as minimize the losses that are associated with cargo destruction and the release of hazardous materials. 

Standards for testing for alcohol or controlled substance use

Drunk driving is a serious problem, and if a truck driver is under the influence of drugs or alcohol, the potential for large amounts of damage is great. The state of Texas applies rules for drug and alcohol testing to all drivers who possess a commercial driver’s license. Interstate drivers who travel through Texas are subject to these rules as well. Employers are required to perform testing for drugs and alcohol both before employing a driver, as well as after accidents. The Department of Commercial Vehicle Enforcement also has guidelines for random testing of drivers that are meant to detect the possibility that any person employed by a business is a habitual user of controlled substances or alcohol. 

Medical certifications

Drivers who hold a CDL must meet certain medical standards for vision and other health matters. This is done in part to ensure that sudden medical problems will not affect the driver while working and result in accidents. Basic health standards are also meant to test whether the driver can operate their vehicle properly and without significant risk to public safety. 

Exemptions for disabled drivers

Certain disabled drivers can receive a waiver to operate commercial vehicles within the state of Texas only. 

Business level guidelines

Each business that operates as a motor carrier in the state needs to have standards and procedures in place to maximize driver safety. These must also be sufficient to meet the safety demands of each individual company based on its number of employees and vehicles in operation.  

Finding help from a local attorney in Lubbock

USAttorneys.com is a web directory that contains listings of lawyers in Lubbock, Texas and every other state organized by practice area. After a truck accident, anyone who has experienced losses can browse the directory to find the right legal professional who matches their needs. 

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Why are truckers required to keep records of their driving habits in Florida?

April 6, 2021/0 Comments/in Legal News /by brian

Tampa, FL – Various different regulations and safety measures have been taken by the government of Florida and the federal government to try to prevent traffic issues and accidents involving trucks. One change that has affected drivers who work for trucking companies is the need to keep an electronic log that contains many important pieces of information. This electronic record is now required by law, and it can provide valuable evidence in case there is ever an accident. 

Required forms of electronic record keeping

Electronic logging devices that must be used on all trucks collect and record crucial data. This can include the amount of time that the vehicle has been driven and the engine is running, where the vehicle has been, the current location of the tuck, and the total number of miles driven within a certain timeframe. This technology replaced logs that were completed by hand and on paper. Some drivers were simply able to install logging software on their smartphones to comply with this regulation when it was adopted. 

Vehicle maintenance

In addition to record of the driver’s route and actions, the vehicle itself needs to follow other stringent sets of regulations. This generally includes maintenance at regular intervals to detect problems with brakes, tires, and other parts that can experience sudden issues on the road. If the trucking company skips out on maintenance, they can be subject to various sanctions or sued by accident victims. 

Lawsuits against trucking companies

If a truck driver causes an accident and they are sued, a number of inquiries may take place. This can include looking at the driver’s behavior in the time period leading up to the crash, their records of brake time and driving hours from their record keeping devices, the driver’s background and former history of incidents and accidents, and if any relevant traffic laws or trucking regulations were violated. All of these areas can potentially provide evidence of negligence that will be used by the plaintiff at trial or during settlement negotiations. 

Costs of a truck accident

One of the reasons why records and safety regulations are so important to the trucking industry is due to the large costs associated with truck crashes. An average collision involving a semi truck with both vehicle damage and cargo loss can be valued at between a few hundred thousand and a million dollars worth of total costs. Victims who were hurt can ask for these amounts from the trucking company or their insurance provider. 

Truck accident lawyers on USAttorneys.com

Anyone who needs a lawyer after a truck crash can find one in the Tampa, Florida area on USAttorneys.com. The site is a comprehensive web directory of licensed legal professionals throughout the United States. 

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Can a South Carolina nursing home attorney help resident victims against financial abuse?

April 6, 2021/0 Comments/in Legal News /by nora

South Carolina – April 6, 2021

Victims of financial abuse should contact an experienced nursing home attorney after suffering losses related to theft of money, property, and assets. In some cases, abusers may coerce residents to sign over financial accounts, or give them power of attorney over fiscal matters, endangering a resident’s financial stability which could cause problems with future long term care expenses.  Loved ones and legal representatives should be aware of signs of financial abuse including:

  • Hasty changes to estate documents,
  • Living conditions seem to be lower than the resident’s financial means would support,
  • Unexplained money, or asset transfer to unfamiliar individuals,
  • Frequent regular payments made to caregivers, or financial professionals without family oversight,
  • Withdrawals from banking accounts, or other funds by individuals who are not family, or resident,
  • Missing jewelry, or other personal belongings of value,
  • Changes in discussions surrounding financial health of resident with visitors and family that were previously involved in those matters,
  • Bank signature card has additional names added,
  • Forged resident signature to undertake transfers of property, or other assets.

Victims, and/or loved ones should seek the assistance of qualified legal counsel for guidance on the process of reporting, and repairing any damage caused by financial abuse actions in a nursing home.

Complaints.

Resolving any type of nursing home abuse starts with a resident, or loved ones reporting suspicions of abuse to the resident home administrators, a South Carolina Long Term Care Ombudsman, the South Carolina’s Department of Health and Environmental Control, and reporting to the South Carolina Department of Social Services.  Any one of these agencies may be able to provide insight to loved ones, or resident victims of abuse.  A South Carolina nursing home attorney could work with various agencies to build a case for damages against an abuser of a nursing home resident.

Abuse evidence.

It is important for legal case building, and proof of a complaint of financial abuse that evidence be collected.  Evidence of abuse may include the victim’s written account of activities leading up to financial abuses, theft, or other financially related actions that were harmful to the resident.  The written account should include:

  • Dates, times, locations of abuse,
  • How the abuse has affected the resident,
  • Who caused the abuse,
  • Witnesses and their accounts of what happened with descriptions at the facility,
  • Records of complaints previously made to nursing home.

Consultation with a competent South Carolina attorney, who is knowledgeable about elder law protections may be beneficial, when a resident, or loved one wants to make a formal complaint against a nursing home after financial abuse, or theft has caused harm to a resident.

South Carolina law.

South Carolina nursing home facilities have standard operating procedures requiring administrative personnel to protect residents.  If residents suffer harm directly related to a negative nursing home encounter that exacerbated an existing health condition, or placed them in danger, including financial instability, a skilled lawyer can identify the appropriate legal cause of action to support the nursing home’s duty of care outlined in the Resident Bill of Rights set for by the South Carolina Omnibus Adult Protection Act.

Hire legal counsel.

Victims of nursing home abuse should contact an experienced attorney at the McDougall Law Firm after suffering financial harms caused by nursing home staff, administration, or an outside party that occurred at the nursing home.  There is a prescribed duty of care that long term residential facilities must maintain for South Carolina nursing home residents and it supports legal action for financial abuse.

 

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://dss.sc.gov/contact/

https://scdhec.gov/health-regulation/healthcare-facility-licensing/facility-specific-info/nursing-home-information-1

https://www.getcaresc.com/guide/adult-advocacy

https://scdhec.gov/health-regulation/health-facility-regulations-licensing-con/medicaid-medicare-certification-1

https://www.scdhec.gov/sites/default/files/Library/Regulations/R.61-17.pdfd

https://www.scstatehouse.gov/code/t44c070.php

https://www.scstatehouse.gov/code/t43c035.php

 

 

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