Texas – April 29, 2021

A two car crash on Highway 110 S in Smith County resulted in the death of one driver and injury to the other.  The driver of a Honda Accord was stopped on Meador Cemetery Road waiting to enter Highway 110, failed to yield the right of way to a Volkswagen Jetta traveling Northbound on Highway 110 and was struck as she entered the highway.  She was transported to a Tyler hospital where she later succumbed to her injuries.  The driver of the Volkswagen was taken to a nearby medical center in stable condition.  Accident victims, or loved ones who have been injured, or suffered harmful loss caused by a motor vehicle accident should be aware that their actions immediately afterward may impact their physical and financial compensation.  Because accidents can result in catastrophic injury and death, it is recommended that victims seek the assistance of experienced car accident attorneys in Texas, who are instrumental in personal injury litigation, and wrongful death claims.

Post-accident actions.

Accident victims should take certain actions to preserve information and evidence that may help with case building toward comprehensive damage recovery including:

• Calmly assessing the situation and offering help to other accident victims when possible,
• Calling law enforcement to the scene immediately for reporting,
• Keeping comments regarding fault to oneself,
• Seeking emergency medical attention even if injuries are not visible to the human eye,
• Obtaining witness contact information where possible,
• Reporting accident to employer and insurance,
• Taking video, or photos of accident scene and property damages,
• Consultation with an accident lawyer.

It is important to ascertain who may be responsible for a motor vehicle accident. Catastrophic injuries, property loss, and wrongful death may leave victims and their loved ones with exorbitant medical bills and replacement costs that will plummet them into financial ruin without compensation from negligent parties.  Accident attorneys will guide victim’s actions toward fiscal recovery after the loss of a loved one.  

Texas statute of limitations.

The statute of limitations, or time a person has to file a claim against another party is two years in Texas, with specific inclusions regarding wrongful death, medical malpractice and claims against government entities.  

Damages.

A Texas accident lawyer can explain valuation determinations for auto insurance claims, settlements and damage awards for economic losses including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic loss including pain and suffering, loss of consortium, or companionship.  Personal injury attorneys will guide accident victim’ actions toward financial recovery on a case-specific basis.  

Hire a Texas attorney.

Experienced Texas attorneys at the Cooper Law Firm can file a legal action for personal injury claims and wrongful death losses, as well as survivor’s insurance benefits related to motor vehicle accident harmful losses.  

Cooper Law Firm

Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://www.cbs19.tv/article/news/local/dps-confirms-one-dead-after-crash-on-hwy-110-in-smith-county/501-73117b53-16f5-433d-93eb-16ace8fd55fe

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm

https://www.tdi.texas.gov/consumer/auto-insurance.html 

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

South Carolina – May 31 2021

There is a distinction between the two standards of in-patient elder care in the United States, nursing homes and assisted living facilities. Nursing homes are medical facilities overseen by licensed health care providers with on-site registered nurses and nursing aides performing job duties based on a resident’s care plan with input from a physician in many cases.  Assisted living facilities provide less intensive medical support and may be less expensive, but are not as regulated, so legal claims will be based on a different set of responsibilities, than that of an “owed duty of care” for medical malpractice.  If actions of abuse, or negligence occur at either facility, a skilled nursing home abuse attorney in South Carolina may be of assistance to recover damages for residents, or their loved ones.

Differences.

Medical attention in assisted living facilities tends to be based on individual needs for activities of daily living, oversight of medication and transportation for simple errands and doctors’ appointments in most cases.  Nursing home residents are usually in need of skilled medical care provided by state licensed healthcare personnel who owe residents a duty of care, often performing therapies for occupational, physical, respiratory, speech and other health systems outlined in a physician treatment plan.  Nursing homes may tend to be more institutional in setting, compared to assisted living, where the design is to mirror a home situation with common rooms, and dining areas where residents have more freedom than at a nursing home. 

The mission of the South Carolina Department of Labor, Licensing and Regulation (LLR) is to promote the health, safety, and economic well-being of the public through regulation, licensing, enforcement, training, and education.  Contact an experienced nursing home attorney if you believe a nursing home staff nurse, or assisted living care worker has caused harm to a resident loved one. 

Resident Bill of Rights.

The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outlines residential rights to protect the approximately 1.3 million Americans living in nursing homes and long-term care facilities from nursing home abuse.  When deviations from the resident bill of rights occur, and sub-standard care, negligence, or abuse results in harm to a resident, legal action may be taken against a nursing home and/or the treating medical professionals because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from NHRA  rights.  It may be time to consult with a competent South Carolina attorney, who is knowledgeable about elder law protections when a resident, or loved one wants to make a formal complaint against a nursing home nurse.

South Carolina laws. 

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, or assisted living facility encounter that exacerbated an existing health condition, or placed them in danger, a skilled lawyer can identify the appropriate legal cause of action supporting a duty of care outlined in the Resident Bill of Rights set for by the South Carolina Omnibus Adult Protection Act.

Seek legal counsel.

Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or an untimely fatal outcome caused by unsafe nursing home practices, inadequate precautions, and neglect at a nursing home, or assisted living facility in South Carolina.  

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907 

Phone: 843.379.7000

Sources. 

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

South Carolina – May 30, 2021

Resident Bill of Rights.

Nursing home residents have rights under federal and state law, and attorneys at McDougall Law Firm can support those rights against subpar treatment and care, or deviations from the resident’s bill of rights that result in injury, or death.  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outlines residential rights to protect the approximately 1.3 million Americans living in nursing homes and long-term care facilities from nursing home abuse.  

Building a strong case.

Allegations of neglect, abuse and subpar medical treatment in U.S. nursing homes must be proven with the assistance of skilled legal counsel through:

• Formal investigation, witness testimony, and record collection to reveal a timeline of injuries cited in a complaint as to the date of onset of injury and how it was reported and treated.  A nursing home may argue that a resident’s injury was a pre-existing condition, or they were unaware of it.  
• Research to analyze a nursing home facility’s hiring, training, supervising, and standard operating procedures for enforcement against deviations that endanger residents should be undertaken.  A detailed review of procedures and enforcement against negative care actions will assist in focusing on the liability of the nursing home as the employer of a caretaker who may have been neglectful, or abusive to a resident.  
• Nursing home insurance policies may only cover resident injury due to improper treatment and unintentional neglect, and focused abuse claims may have to be initiated against an individual, separate from the care facility.  Experienced nursing home attorneys will know how to identify potential parties to a case action and what is the best way to achieve damage compensation.  

Responsibility.

The nursing home facility can be held liable for any personal injury, or neglect causing harm to a resident, or patient in their care.  This negligence may have occurred by their part through:

1. negligent hiring, 
2. understaffing, 
3. breach of regulatory obligations to guidelines, 
4. insufficient employee training, or 
5. errors in treatment, or medication dispensing.  

Liability is the state of being responsible for something, and vicarious liability is a legal doctrine assigning liability for harms to a person, even if they did not cause the injury directly.  A nursing home employer can be held responsible for the negligent, or harmful acts of its employees, or contracted workers during the course of their work and scope of their job duties. If an individual, or their family member suspect a resident’s rights are being violated, they should contact a nursing home abuse attorney.  

Neglect.

Nursing home neglect is a form of elder abuse involving the substandard care of a resident, or a breach of duty that harms a resident in a nursing home and may include medical neglect, basic needs neglect, lack of assistance with personal hygiene, and inadequate social and emotional support for residents.  Neglect is often caused by poor training, reduced staff, lack of supplies and poor management.  

Hire a lawyer.

If residents suffer harm directly related to a negative nursing home encounter, whether it is due to negligence, or abuse, exacerbating an existing health condition, or placing them in direct danger, a skilled nursing home lawyer can help.  Through a formal complaint from the resident, or loved ones, an experienced attorney at the McDougall Law Firm can identify the appropriate legal cause of action in support of the duty of care outlined in the Resident Bill of Rights set forth by the South Carolina Omnibus Adult Protection Act.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907 

Phone: 843.379.7000

Sources. 

https://aging.sc.gov/

https://ncea.acl.gov/

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

New York – June 6, 2021

New York insurance adjusters will inspect a car after an accident and if it is declared a total loss, the adjuster will utilize an equation to determine the car’s actual cash value (ACV).  N.Y. Comp. Codes R. & Regs. tit.11, §§ 216.0 through 216.12 (2000) (Regulation 64) contain the provisions relating to unfair claims settlement practices and claim cost control measures. N.Y. Comp. Codes R. & Regs. tit.11, § 216.7 (2000) (Regulation 64) prescribes the standards for prompt, fair and equitable settlement of all first party motor vehicle physical damage claims. If the ACV is less than what the accident victim owes on a creditor car loan, they will come up short and still be required to pay off the loan.  An insurance attorney in New York may be able to assist in this process.  

Totaled vehicle.

A “totaled” vehicle situation occurs when an insurance company estimates the costs to repair are not worth the total value of the vehicle, and/or the vehicle will not be safe after repairs.  The insurance company is not required to pay off any vehicle loans.  They must only pay the policy holder the ACV of the car at the time of the accident.  The insurance company generally will calculate the value of the car utilizing the Kelly Blue Book, or National Automobile Dealers Association Used Car Guide for example. To avoid a situation where an accident victim is making car payments on a non-drivable vehicle, they need to make sure the ACV the insurance company has represented is correct.  Input from a qualified insurance attorney may be beneficial to the accident victim.

Valuation method.

Accident victims may challenge an ACV by using the same guides for private sale situations.  Make sure the make, model and mileage are correct, as well as notifications of any previous accident information that impacts value utilizing computerized calculations.  Utilize several reputable valid automobile websites to calculate used car values, and come to a number that the accident victim can bring back to the insurance company to reduce the outstanding car loan balance.  If the insured purchased gap insurance, they may submit a claim, or contact the bank holding the note on the auto loan so they can deal with the insurance company directly.  An insurance attorney may be instrumental in submitting this claim for accident parties and dealing with the bank.  Accident victims who did not previously purchase gap insurance should continue paying car loan payments to avoid negative credit impacts.    

No fault versus third party.  

New York is a “no fault” state meaning that legitimate claims can be paid out through the policy owner’s insurance, reducing wait times for vehicle replacement.  Because of the possibility of insurance fraud in New York, there are requirements that need to be met for insurance companies to pay a no-fault claim.

1. Complete a no-fault application  (an NF-2 form) from your insurance carrier.
2. Make sure to file the application within 30 days of the date that the accident occurred. Failure to miss the deadline will make your application null and void.
3. Ensure that you send the no-fault application to the right insurance company. The application should be sent to the insurance company of the car that hit you, the one you were driving, or a riding as a passenger in.  

Hire an insurance attorney to assist with the insurance claim for property replacement of a totaled vehicle as well as other named damages.  Legal counsel may be able to help accident victims with insurance claims and/or take action to have the negligent driver’s insurance company cover the difference between the ACV and what is still owed on a vehicle that was totaled. 

Sources: 

Settlements of Total Loss Motor Vehicle Damage Claims | Department of Financial Services (ny.gov)

https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault_history

https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault