Nursing Home Abuse FAQs
Nursing Home Abuse Lawyer In West Palm Beach | Fetterman & Associates, PA
How can I keep my kids safe from West Palm Beach pedestrian accidents?
A: All parents know that children are constantly in danger. Not only do they need to be protected from strangers and sharp objects, but the simple act of walking down a sidewalk can prove fatal for a child. Over 600 children are killed every year in pedestrian accidents in the U.S. The best method for fighting this trend is by teaching children the biggest risks when walking near roads in West Palm Beach (and how to avoid them):
- Use the crosswalk : There are usually crosswalks in designated school areas, but tend to get further and further apart in rural areas. Mid-block crossings are a common site of pedestrian accidents, since children will often dash across a road rather than walk to a safe crossing.
- Look both ways at driveways : Children may look both ways when crossing a road, but almost never do the same with driveways. Unfortunately, many drivers won’t bother to look either, resulting in back over accidents or broken bones.
- Make a plan : You can greatly reduce your child’s risk by planning a consistent route to and from school that has adequate sidewalks, a good distance from the road, and neighbors along the path where children can go to get help if one of their friends is in an accident.
If your child has been injured in a West Palm Beach car accident, we can help get you compensation for their suffering. Call Fetterman & Associates today at 561-845-2510.
How does “highway hypnosis” affect drivers in West Palm Beach?
A: Highway hypnosis-also known as white line fever or driving without paying attention is a condition where a driver will have gotten into his car and driven from A to B without any recollection of making the journey. As its name suggests, it is a common occurrence on Florida expressways and other areas where people can drive for long periods of time without stopping, turning or having any breaks from driving continuously. The reason drivers are able to “drown out” car journeys has to do with the brain’s ability to multitask. When the driver is preoccupied by his thoughts, his brain directs his body to complete the tasks of driving without the driver really paying any attention. Most of the journey is completed through muscle memory-the feeling of putting the car in gear and moving your right foot back and forth-and subconscious triggers rather than a fully conscious state. This inattention to the road can have serious consequences in West Palm Beach car accidents. Distracted drivers often suffer slower braking, diminished stopping distances and less ability to make quick decisions on the road. If you or someone you love was injured in a Florida auto accident, contact the trusted West Palm Beach car accident attorneys at Fetterman & Associates today at 561-845-2510.
Q: A car rear-ended me on the Turnpike and it turns out the driver doesn’t have auto insurance. I’m not sure what to do, because I am now dealing with painful injuries and can’t work. Should I sue the driver despite the fact that he doesn’t have insurance?
A: If you live in Florida, you should have PIP insurance coverage included in your policy, which covers a portion of your medical bills and lost wages. The maximum limit for PIP coverage is usually $10,000. In order to recover other damages, such as pain and suffering, you would need to show that you sustained a permanent injury. You could then pursue a lawsuit against the other driver for your car accident on the Turnpike. The problem you could end up facing, though, is that if this driver didn’t have auto insurance, there is a strong possibility that he also doesn’t have assets to pay a judgment. You should check your policy to see if you have uninsured/underinsured motorist coverage. This coverage is designed to protect you when the other driver either doesn’t have enough auto insurance or doesn’t have it at all. For more information, contact an experienced West Palm Beach auto accident attorney at our law firm. Recommended Posts:
Q: A car veered out of control into oncoming traffic and struck me head on. Who will pay for my medical bills?
A: Head-on Collisions are some of the most deadly kinds of car accidents in Port St. Lucie, usually resulting in serious injuries from both initial and subsequent impacts. Common injuries from head-on collisions in Port St. Lucie include cuts from broken glass, neck and head injuries, as well as broken bones. There can be numerous factors and causes behind your head-on collision; thus, establishing your Florida car accident injury case is not usually a simplistic task. It is important to speak to an experienced Port St. Lucie car accident lawyer to ensure that your rights are represented and medical bills and expenses are covered. If you or a loved one has fallen victim to injuries or death due to a serious Florida head-on collision, contact Fetterman & Associates at 561-845-2510. Their dedicated professionals are standing by to ensure you get the answers and compensation you and your loved ones deserve.
Q: A close family member is in a nursing home and is not getting the treatment and care she deserves. What can we do?
A: Every nursing home has an Ombudsman and your family member, or their health surrogate should have been given information on who the Ombudsman for the facility is and how they can be contacted. The Ombudsman is a representative of the state of Florida whose job it is to try to resolve problems between the facility and its patients. If the issue cannot be resolved, you should file a complaint with the Ombudsman who can order an investigation. It is also your right to call an attorney.
Q: A driver in a rental car hit my car in West Palm Beach; however, they were not listed as a driver on the rental car agreement. They also aren’t listed on the renter’s personal insurance policy. Both the rental car company and the insurance company are saying they are not responsible for my claim. Who pays for my injuries and repairs?
A: So long as this Florida auto accident was not your fault, the driver of the other vehicle should be held liable for damages. This is where a police report is crucial to your case. A police report will not only list the cause and fault of the accident, but it will also include the name and information of the driver responsible. If you do not have an accurate police report, your claim could be in jeopardy. Insurance adjusters are notorious for trying to place the blame elsewhere and not pay you what you rightfully deserve. This is a complicated case with many different factors involved. It would be in your best interest to consult with an attorney to ensure you receive the compensation to which you are entitled. To schedule a FREE consultation with a West Palm Beach car crash lawyer, contact Fetterman & Associates at 561-845-2510.
Q: Are Florida truck accident cases hard to win?
A: While Florida trucking accident cases have more complex factors than other types of injury claims, a knowledgeable accident lawyer can build a strong case on your behalf. Truck accident claims generally take longer to resolve, as enough time needs to be allocated to properly investigate the details of the collision and to gather the necessary evidence. The trucking company, insurance company and any other parties involved will work hard to defend themselves, so that they are not liable for your injuries. At Fetterman & Associates – The Law Team, we have extensive experience representing large truck accidents and we are not afraid to go to battle against the defense team.
Q: Can a company or truck driver be held liable for truck accidents that occurred due to violating the hours of regulation?
A: West Palm Beach truck accidents are dangerous; due to the massive size and high speed of these big rigs, a Florida truck accident can often mean fatalities for vulnerable passenger vehicles. The Code of Federal Regulations – Title 49: Transportation states that no person “shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules” of the FMCSR. (49 C.F.R. § 390.13- Article) It is common for carriers to schedule deliveries that cannot possibly be accomplished without breaking the hours of service rules. However truck drivers, truck companies and truck company owners are all responsible to ensure that drivers comply with the Hours of Regulation rules—important regulations designed to avoid the increased likelihood of accidents and fatalities associated with driver fatigue. If you or a family member has been seriously injured in a Florida semi truck crash, contact a West Palm Beach County truck accident attorney at Fetterman & Associates to ensure your rights are properly protected.
Q: Can a doctor be held responsible for misdiagnosed cancer?
A: Every day, we rely on doctors to know more than we do. Never is this more important than when we go in for a cancer screening-when we are told we are cancer-free, we will believe the diagnosis and go about our lives. This is why a West Palm Beach Cancer Misdiagnosis is a particularly harmful form of medical malpractice. A patient’s chances of survival are severely reduced as the stages of cancer progress. For example, a patient being treated for late-stage cancer has 80% less chance of survival than a patient whose cancer was detected early.
Doctors may be held liable if they have:
- Demonstrated a poor standard of care
- Misread or misinterpreted test results
- Failed to biopsy, aspirate or test a suspicious lump to rule out a breast cancer diagnosis
- Declined to order hospital scans or further testing because it was “unnecessary” or “expensive”
If your doctor’s negligence delayed your cancer treatment, we can help you seek justice and stop your physician from making the same mistake again. Contact Fetterman & Associates today to get started on your West Palm Beach medical malpractice case.
Q: Can a West Palm Beach nursing home be liable for emotional and psychological abuse?
A: The weakened mental and physical state of the elderly can sometimes make them easy targets for emotional abuse from stressed workers in short-handed, understaffed Florida nursing homes.
Emotional and Psychological Abuse
There are many ways in which emotional and psychological abuse occurs in West Palm Beach nursing homes. Emotional or psychological elder abuse is defined as: “Inflicting mental pain or distress on an elder person through verbal or nonverbal acts”. Because there is often no physical evidence of emotional abuse, it is critical to stay on guard to the common signs of emotional and psychological nursing home abuse. Nursing homes have a legal responsibility to ensure proper care of elderly residents, and to exercise reasonable care to ensure that staff is properly trained and supervised. If your loved one has experienced psychological or emotional abuse at the hands of a nursing home staff member, it could constitute nursing home negligence; the facility might be liable.
What You Should Do
Due to the complex but highly serious nature of these situations, it is critical to be armed with the knowledge and expertise you need. An experienced West Palm Beach nursing home abuse attorney will help determine the best course of action to protect the rights of your loved one. If your loved one has experienced Emotional and Psychological Abuse in a Florida nursing home, contact Fetterman & Associates at 561-845-2510.
Q: Can bicycle helmets really prevent brain injuries?
A: West Palm Beach bicycle accidents are a common occurrence; they can cause serious injuries as a result—including head injuries. According to the center for disease control and prevention, upwards of 500,000 people in the United States are treated in the emergency room due to bicycle-related injuries. Perhaps even more shockingly: more than 700 people die due to this fun, exercise-oriented hobby each year. If you or a loved one has experienced injuries related to a serious bicycle accident, it is important to contact an experienced West Palm Beach accident attorney.
Bicycle Helmets and Serious Brain Injuries
Injuries due to bicycle accidents can be caused by a variety of factors; however, most cases involve drivers who did not see or were not aware of the cyclist. Due to the sheer size of a car and the vulnerable nature of those on bicycles, it is more than advisable to take advantage of every safety feature available. According to recent statistics released by Safe Kids USA, Bicycle helmets have been shown to reduce the risk of head injury by as much as 75 percent while offering substantial protection to the face and forehead. In addition, brain injury may be reduced by as much as 88 percent with proper bicycle helmet use. Currently, 21 states as well as the District of Columbia have enacted some form of bicycle helmet legislation.
You May be Due Compensation
If your bicycle accident was due to the negligence or careless driving of another individual, you could be entitled to compensation. If you or your family has experienced a serious bicycle accident, contact Fetterman & Associates at 561-845-2510.
Q: Can I ride my bike against traffic in Florida?
A: In Florida, it is illegal to ride your bicycle against traffic. Not only does this extremely dangerous act increase your likelihood of being involved in a Florida car crash, but you will also be ticketed for a moving volition if you are caught riding the wrong way. A bicycle is legally defined as a vehicle and has the same rights as any other vehicle on the roadway. Along with these rights comes the responsibility to obey all traffic laws including stopping for stop signs and stoplights, riding with the flow of traffic, using proper lighting when riding at night, and yielding to the right of way of other vehicles when entering and exiting a roadway. If you have been seriously injured in a Florida bike crash because of another driver’s negligence, you may have rights to compensation. Contact a West Palm Beach car wreck attorney at Fetterman & Associates for answers to all of your Florida bicycle accident questions.
Q: Can the nursing home be liable if another resident caused my mother’s injuries?
A: Nursing home and assisted care facility residents in Florida are guaranteed rights under the Nursing Home Reform Act of 1987. The staff and administration of such facilities have a responsibility to provide adequate staffing and supervision to prevent resident on resident assault. If you suspect that your loved one has endured resident on resident assault or abuse due to lack of staffing or proper procedures in a nursing home, that facility may be liable. Recent studies have shown evidence that resident on resident assault is an extremely widespread issue, and may be an even greater concern than direct abuse from staff members. If you feel your loved one has been a victim of resident to resident assault, contact a West Palm Beach nursing home abuse lawyer at Fetterman & Associates. Their dedicated and experienced professionals will help you to assess the situation and determine the best course of action to ensure that your loved one is safe from resident on resident assault.
Q: Can the truck company be held liable if my accident was due to an aggressive West Palm Beach truck driver?
A: It is very important to recognize and identify the signs of aggressive truck driving, which could be vital information during a West Palm Beach truck accident injury case. Several parties –including the truck company– may be found liable if a court decides that the accident was due to the negligence of the organization. An experienced West Palm Beach truck accident attorney may be able to establish the following:
- The defendant owed the plaintiff duty to exercise reasonable care.
- The defendant’s failure to implement reasonable care caused plaintiff’s injury.
- The defendant failed to exercise reasonable care.
Truck and insurance company representatives are out to ensure that they protect their operation. They want to expose themselves to as little loss and liability as possible. When going to bat against major corporations who may not be operating in your best interests, it is vital to work with an experienced West Palm Beach truck accident attorney with the knowledge and expertise to fight for the compensation you deserve. Don’t Face Serious West Palm Beach Truck Accidents Alone The factors in truck accidents are frequently complex. Don’t deal with West Palm Beach truck accidents due to aggressive driving alone. If you have experienced death, loss, or injury due to a serious Florida truck accident, contact Fetterman & Associates at 561-845-2510
Q: Could the Nursing Home Be Held Liable for Malnutrition or Dehydration?
A: Nursing homes have a legal responsibility to ensure proper maintenance and monitoring of vital issues such as hydration and nutrition. Nursing home negligence can contribute to or cause malnutrition or dehydration in a variety of circumstances, including:
- Shortage of staffing (causing residents to go without nourishment or hydration for extended periods)
- Failure to properly train in nutrition programs or implement hydration strategies
- Failure to properly monitor nutrition or hydration
If your loved one has experienced serious health issues arising from dehydration and malnutrition due to nursing home negligence, the facility or nursing home could be liable. Due to the complex but highly serious nature of these situations, it is critical to be armed with the knowledge and expertise you need to ensure the safety of your loved one. Contact a West Palm Beach nursing home abuse lawyer at Fetterman & Associates to speak to an experienced nursing home neglect attorney. They will help you sort through the confusion and emotional duress to determine the best course of action.
Swift Action Could Make a Life or Death Difference
If you suspect that your family has been a victim of West Palm Beach nursing home abuse or negligence, the life of your loved one may depend on your taking action. If your family member has experienced medical problems arising from dehydration due to nursing home neglect, contact Fetterman & Associates.
Q: Could the truck company be liable if they were over the weight regulation in my West Palm Beach truck accident?
A: The factors in truck accidents are frequently complex. Liability could be assessed to multiple entities. In addition, truck regulations governing weight may vary slightly from jurisdiction to jurisdiction. While numerous factors lead to the high likelihood of serious Florida truck accidents, weight is certainly a consideration. New weight legislation is currently being considered by congress that may increase the chances of West Palm Beach, Florida, truck accidents. There are many safety concerns about the extra weight making it much harder for drivers to stop in time to avoid accidents and truck accident related fatalities. If you or anyone you know has experienced a serious injury due to a truck accident in West Palm Beach, it is important to contact an experienced West Palm Beach truck accident attorneys. Truck companies frequently employ certain common defenses to try to avoid any liability. As businesses, they need to ensure that they continue to operate with as little loss as possible; this means that they want to avoid having to pay for YOUR damages and medical expenses. It is vital work with a local legal expert who is familiar with Florida trucking weight regulations when you are dealing with a serious West Palm Beach truck accident.
Get the Florida Truck Accident Experts in Your Corner
Don’t fight large Florida truck companies about weight regulations on your own. If you or a loved one has experienced death, loss, or injury due to a West Palm Beach truck accident, contact a Florida tractor trailer crash lawyer at Fetterman and Associates by calling 561-845-2510.
Q: Do I need an attorney for my bicycle accident personal injury case?
A: There are numerous factors involved in serious bicycle accidents; however, due to size differential and visibility difficulties, serious bicycle accidents are often due to motorists unaware of cyclists or driver negligence. Cyclists are also likely to sustain more serious injuries, such as head traumas, due to bicycle accidents. Even though cyclists are likely to sustain traumatic injuries from bicycle accidents, settlement rates for cyclists are typically much lower from insurance companies. Recent studies show that compensation for the same type of injuries suffered in car accidents were 30% to 40% higher than settlements for cyclists suffering the same serious injuries. If your bicycle accident was due to the negligence or careless driving of another individual, you are entitled to compensation for your pain, suffering, medical and other costs. If you or a loved one has experienced injuries related to a serious bicycle accident, it is important to contact an experienced West Palm Beach accident attorney. They will help identify the best course of action to protect your rights. Don’t deal with a serious West Palm Beach bicycle accident alone. Fighting insurance companies for personal injury claims related to bicycle accidents can be very difficult—resulting in lost time, frustration, and possibly a loss in compensation. If you or your family has experienced a serious bicycle accident, contact Fetterman & Associates at 561-845-2510.
Q: Does Florida Have A Texting Ban?
A: Governor Charlie Christ promised to sign a Florida ban on text messaging, but no distracted driving legislation succeeded during 2010. In 2009, Florida legislature also rejected bills that would limit drivers’ use of cell phones and text messaging devices. More than a dozen vehicle safety bills regarding talking and texting have been under consideration in the past several years. Texting while driving has been conclusively linked to car accidents and fatalities in West Palm Beach. If you have been involved with a car accident due to a driver distracted by texting, contact an experienced West Palm Beach car accident attorney immediately. Although all attempts to pass such a bill have recently failed, state representatives say that the statistics linking text messaging to car accidents and fatalities in Florida are too overwhelming to ignore and that they will be back with another piece of legislation that will address text messaging while driving. If you or someone you know has experienced loss from a texting-related car accident in Florida, contact a West Palm Beach car accident attorney at Fetterman & Associates. Our dedicated and experienced professionals will help you sort through the fear and confusion that often accompanies a devastating car accident and ensure that you get the compensation and protection you deserve. Related Posts:
Q: Does it Matter Which Side of the Road I Walk on in Florida?
A: If the road you are traveling on has sidewalks, either on both sides or only on one side, you must walk along the sidewalk. It is acceptable to walk on either side of the road as well as with or against traffic as a sidewalk separates you from the vehicles on the roadway. It is only permissible to walk along a roadway when sidewalks are not provided. In that instance, you should walk along the shoulder on the LEFT side of the road, AGAINST the flow of traffic. Stay as far to the side of the road as possible in order to allow adequate room for oncoming vehicles to pass. Please keep in mind that this direction is the opposite of cyclists, who are required to ride along the RIGHT side of the road, WITH the flow of traffic. If you have been injured in a Florida pedestrian accident, contact a West Palm Beach accident attorney at Fetterman & Associates. Related Links5 Things You Should Never Do On The Highway4 Tips To Safely Riding A Bicycle
Q: Does the fact that I was in a truck driver’s blind Spot or “No Zone” mean I am not entitled to compensation from a serious truck accident?
A: Being involved in a serious West Palm Beach truck accident can be absolutely devastating to the health and finances of your family. Truck and insurance companies will often try several types of defenses to avoid having to give compensation for injuries or damages. However, truck drivers and companies have a responsibility to exercise caution, and to share Florida highways safely with passenger vehicles. Due to the many factors that must be examined in a serious Florida truck accident, it is imperative to work with an attorney who is experienced in dealing with all aspects of Florida truck accident cases so that your rights are properly represented. If you or a loved one has been seriously injured in a Florida semi truck crash, contact a West Palm Beach truck crash lawyer at Fetterman & Associates for a free consultation.
Q: How are Florida nursing homes regulated?
A: When you have an elderly family member living in a Florida nursing home, you want to feel comfortable knowing that they are receiving the best care possible. You also want to be reassured that the facility is being regulated and that your loved one is protected from Florida nursing home abuse. Nursing homes are regulated by state and federal laws. The Nursing Home Reform Act is a federal law that offers protection for nursing home residents. This law was enacted in 1987 and governs facilities that receive funds under Medicaid and Medicare programs. The Nursing Home Reform Act regulates the care, staffing, privacy, recordkeeping and quality of treatment in U.S. nursing homes. The Florida Agency for Health Care Administration’s Bureau of Long Term Care Services oversees the state licensure and Medicare and Medicaid certification of nursing homes throughout the state. The Florida Long-Term Care Ombudsman Program also advocates for the rights of nursing home residents. If you suspect that your loved one has been the victim of nursing home neglect or abuse, contact a West Palm Beach nursing home abuse lawyer at Fetterman & Associates.
Q: How can “good” weather cause West Palm Beach truck accidents?
A: Most Florida days are absolutely beautiful. Sunny and warm without a cloud in the sky-surely this could never be seen as “inclement weather.” While this type of weather is ideal for the beach, it can be dangerous-even fatal-on Florida roads. Here are just a few factors that can turn a gorgeous day into one you will never forget:
- Sun: You may not think that something so bright could actually decrease truck visibility in West Palm Beach, but many early-morning commuters have found that to be exactly the case. The sun shining in a driver’s eyes or muddling the color of a stoplight can affect stopping, and in some cases render the driver blind.
- Long nights: The threat doesn’t stop when the sun goes down. Summer weather continues into the night, encouraging late-night parties that add to the number of drunk drivers in West Palm Beach. Many of these will enter a highway in the very early morning-peak hours for a truck accident.
- Higher traffic: These beautiful days often carry a greater risk of an accident purely because everyone is out enjoying it. A higher population density means more accidents, especially when driving near cities where different types of fair-weather vehicles will be used.
Don’t let a Florida truck accident spoil the rest of your days. Get help today by calling the experienced personal injury attorneys at Fetterman & Associates at 561-845-2510.
Q: How can I avoid a distracted driving accident?
A: Several studies have shown that texting or using electronic devices, also known as distracted driving, could actually be more dangerous than drunk driving. Distracted drivers showed slower response times and more erratic patterns than drunk drivers, yet cell phone use and texting while driving currently remains legal in the state of Florida. So what can YOU do to avoid a West Palm Beach distracted driving accident?
- Turn off your cell phone so that you are not tempted to use it during drive time.
- Get directions for your route ahead of time. If they are printed, read them several times before setting off.
- Plug in and adjust your hands-free device before the car is in motion.
- Secure children and pets in proper restraints, making sure all mirrors are visible.
- Report distracted driving behaviors the same as you would any other reckless driving offense.
While several pieces of legislation have been drafted to combat distracted driving, none have made it on the books as of 2010. It is up to all drivers to reduce the amount of distractions in their own vehicles—and therefore reduce the amount of distracted drivers on the road. If a driver on a cell phone caused injury to someone you love, get advice from an experienced Port St Lucie car crash attorney. Call Fetterman & Associates today at 561-845-2510.
Q: How can I be sure my parent will be properly cared for in a nursing home?
A: Making the decision to place a family member in to a Florida nursing home can be a very difficult decision. You may have guilt or worry about whether your loved one will receive adequate care while in an assisted living facility. In order to ease your mind about whether you are making the right nursing home facility choice, please read our article entitled For Your Loved One’s Sake: Florida Nursing Home Patient Rights. This article contains a wealth of informative tips about what to look for when choosing a facility. If your loved one has suffered from Florida nursing home abuse or neglect, you need to contact an attorney. Contact a West Palm Beach nursing home abuse lawyer at Fetterman & Associates for a free, confidential consultation.
Q: How do I know if an attorney is qualified to handle my West Palm Beach truck accident case?
A: Dealing with the aftermath of a West Palm Beach semi accident can be a long and painful process. You’ve decided to get a lawyer and seek justice for your injuries, but the options are overwhelming. Who can you trust to represent you, and how do you know they will be able to get you the amount you need to recover? Before retaining a truck accident attorney in West Palm Beach, always ask the following questions:
- Is the attorney familiar with wrongful death cases due to truck accidents?
- How many truck-specific injury cases has the attorney handled?
- Will the attorney have the crash scene investigated and photographed?
- Does the attorney often seek expert witnesses to testify in truck accident cases?
- Is the attorney familiar with state rules and regulations regarding truck drivers and trucking companies?
An experienced Florida semi crash attorney should be able to provide case results, references and personal testimonials of satisfied clients. Call Fetterman & Associates today at 561-845-2510.
Q: How does speeding affect my Florida car accident case?
A: A vehicle’s speed is a common contributing factor in a West Palm Beach car accident, but it’s also the easiest factor to control. Studies have shown that decreasing speed, even one mile an hour, will decrease the accident rate as much as 4% before any other factors are even considered, such as weather, road conditions and time of day.
How can a speeding driver affect your auto accident case ?
- Higher injuries: Since speeding cars take much more force to stop, the accidents they cause often inflict much more damage to Florida car accident victims.
- Shows recklessness: A driver that ignores speeding regulations may ignore other rules, such as talking on a cell phone, running red lights, or forgoing car insurance.
- Aggressive or impaired driving: By speeding, a driver is demonstrating poor judgment. This could be an effect of driving while tired, stressed, or even under the influence.
Learn more about car accident pitfalls in our FREE book: Smart Lawyers, Smart Clients – Wear Clean Underwear.
Since the injury rate is higher in high-speed crashes, a collision with a speeding driver could result in higher compensation in your case. To find out, call Fetterman & Associates today at 561-845-2510. Read More Posts:
Q: How is “wrongful death” different from murder?
A: Unlike a murder case, a Florida wrongful death case is usually a result of negligence. A person has died as a result of neglect or by the direct actions of another. Murder is legally defined as the killing of another human being with malicious intent. Many wrongful deaths are caused accidentally, and are therefore not malicious. This is taken into consideration into the way the cases are tried: murder is a criminal offense, while wrongful death is argued in a civil lawsuit. A wrongful death may arise as a result of Florida medical malpractice. For instance, if a doctor failed to perform adequate testing for a condition and a patient died as a result, the patient’s survivors could sue for wrongful death. The doctor could not be tried for murder, as the failure to provide testing was not purposeful, and the doctor did not intend to cause harm. A murder case may also arise if there is a possibility for gain. A wrongful death case may develop into a murder case, such as a loved one in a Florida nursing home left to die intentionally after leaving a substantial amount to a hospital attendant in his will. However, such cases are rare and are usually due to simple neglect. Just because your loved one was killed in an accident does not mean there is no fault. If someone you love has died as a result of negligence, contact Fetterman & Associates for advice from an experienced Florida wrongful death attorney.
Q: How is a Florida nursing home abuse claim paid? Does the facility or insurance company pay it?
A: If the nursing home facility has insurance, the insurer would be the one to pay the claim. Whenever a Florida nursing home abuse or neglect claim is made, the insurance company is notified immediately. Believe it or not, not all facilities carry liability insurance, which is a tremendous risk for them. Just one nursing home abuse claim could substantially impact the home. When a claim is made against on uninsured nursing home, the facility would have to pay damages itself or the claim may end up being uncollectible. An experienced West Palm Beach nursing home abuse lawyers can negotiate with the insurance company on your behalf and help you determine the value of your claim. To find out how we can help you with your case, contact us at 561-845-2510.
Q: How much would my family receive in Social Security benefits if I died today?
A: Planning ahead for your family’s needs is extremely wise. If your family is dependent on your income, you will want to make sure that your Social Security survivor benefits are enough to provide for your loved ones after you are no longer around. The Social Security Administration can estimate the amount of monthly payments made to your survivors. For example, if you are a 61-year-old retiree who last worked in 1990, your family’s monthly income would be:
- $1,067 for your children
- $1,067 for your spouse, if they are caring for any minor children
- $1,423 for your spouse when he or she retires
- $2,647 in maximum monthly payments for your dependents
These amounts are not only based on age, but the amount that you have paid into Social Security during your lifetime. If you were to pass away while you are still working, your family will be covered by your Social Security survivor insurance, and may be entitled to an even larger monthly payment. For more information on how Social Security can provide benefits to your family, call the experienced West Palm Beach Social Security Disability Lawyer at Fetterman & Associates today or Call us at 561-845-2510 for FREE consultation.
Q: I have a disability not listed on the website. Are there other sensory loss Social Security benefits?
A: There are many different types of sensory loss Social Security disabilities. While blindness and hearing loss are the most common, the Social Security Administration recognizes that a loss or impairment of any sense can affect a person’s ability to work. For example, the administration provides disability benefits for people suffering labyrinthine-vestibular function, an inner-ear disorder. This condition can have a number of inhibiting side-effects, including:
- Balance problems
- Loss of position sense
- Loss of motion
- Strong or sudden dizziness
- Paroxysms or seizures
- Nausea or vomiting
- Chronic vertigo
- Tinnitus (ringing in the ears)
- Intermittent hearing loss
For more information on how Social Security can provide benefits to your family, call the experienced West Palm Beach Social Security Disability Attorney at Fetterman & Associates today or Call us at 561-845-2510 for FREE consultation.