Common Signs of Nursing Home Abuse

Posted on by bradeg

People who take the steps to have family members placed in nursing homes also deal with an enormous amount of trust being handed to the employees of such nursing homes to care for their loved ones, so it becomes absolutely chilling when a person sees signs that their loved one may not be getting the best possible care. Any person who suspects that a nursing home in Louisiana or the greater Gulf Coast region has been abusing or neglecting their loved one will want to speak to an experienced New Orleans nursing home abuse and neglect lawyer.

 

The National Center on Elder Abuse (NCEA) reports that studies found at least one in 10 community-dwelling older adults experienced some kind of abuse in the prior year, with the prevalence of mistreatment most often including psychological abuse (33.4 percent), physical (14.1 percent), financial (13.8 percent), neglect (11.6 percent), and sexual abuse (1.9 percent). The Centers for Disease Control and Prevention (CDC) reports that over 643,000 older adults were treated in the emergency department for nonfatal assaults during one 15-year period, while more than 19,000 homicides occurred.

Possible Signs of Nursing Home Abuse

It is not always easy for family members to see the immediate signs of abuse or neglect. Staff members know that certain signs will be evident to family members and may create stories that serve as excuses to cover for abusive or neglectful behavior.

Some of the most common signs can generally include the following

 

Physical Abuse

Bedsores or pressure ulcers, a lack of personal hygiene, and dehydration or malnutrition are common signs of neglect, but broken or fractured bones, bruises, burns, and welts on the skin, cuts, lacerations, and skin tears, head or dental injuries, unexplained weight loss, residents being unwilling to speak in front of certain staff members, and any injury requiring medical treatment can all be signs of physical abuse.

 

Emotional Abuse

An older adult may be the victim of emotional abuse if they display anxiety or depression, lowered confidence and self-worth, an onset of aggressive or violent behavior, substance abuse, suicidal thoughts or actions, or trauma and posttraumatic stress disorder (PTSD) symptoms.

 

Sexual Abuse 

Bruises or welts around the genitals, inappropriate physical contact with staff members, and unexplained sexually transmitted diseases (STDs) can all be signs of sexual abuse.

 

Financial Abuse

Any changes to a power of attorney, opening new credit cards or bank accounts, and strange transactions or charges can all be signs of possible financial abuse of a resident.

 

People should also look for signs from staff members that may be indicative of abuse, including:

  • Any failure to respond to a request for assistance from a resident
  • Improperly providing medications
  • Failure to respond to concerns about conflicts between residents
  • Poor planning when moving residents between floors or rooms
  • Showing any kind of disrespect toward residents

 

Call Us Today to Speak with a New Orleans Nursing Home Abuse and Neglect Lawyer

If you fear that your loved one is the victim of nursing home abuse or neglect in Louisiana, Texas, or anywhere else in the Gulf Coast region, make sure that you are quick to seek legal representation for assistance in getting help. Egenberg Trial Lawyers can work tirelessly to make sure that you can get justice for your loved one and also recover compensation.

 

Our firm knows that many nursing homes are reluctant to admit that they might not have the best staff to deal with their residents, but we also know how to hold these parties accountable. You can call (504) 229-3117 or contact us online to arrange a free consultation with our New Orleans nursing home abuse and neglect lawyer.

Slip and Fall Hazards in the Office

Posted on by bradeg

Many of us prefer to believe that our workplaces are safe spaces that allow people to come and go freely without issue, but the unfortunate truth is that many office spaces throughout the country actually involve several significant dangers that can increase the likelihood of slip and fall accidents. Any person who suffers injuries in a slip and fall accident at work will want to be sure they are working with a New Orleans slip and fall accident lawyer.

 

The National Safety Council (NSC) reports that 42,114 people died in falls at home and work during the most recent reporting year. The victims included 805 workers killed by falls, with 211,640 being injured badly enough to require days off of work.

 

Common Reasons Slip and Fall Accidents Happen at Work

Many slip and fall accidents at work can involve the possible effects of adverse weather, so employers must be sure to take steps to clean up messes involving workers tracking in water from rain or snow. Some of the other common kinds of workplace hazards may include:

Cluttered Workspaces

Any workplace where employees have numerous cords or other objects out in walkways increases the likelihood of a person tripping and falling. Employers have to take measures to force employees not to infringe on walkways.

Staircases

Staircase accidents may stem from various causes, including irregular steps, poor lighting, objects or other hazards being left on stairs, broken handrails, and steps in unexpected places. People should take their time navigating stairs and use caution when they see any warning signs. 

Escalators

Escalator steps may not be the proper height for usual walking. People should avoid using escalators as stairs if the escalators are not operating. 

Uneven Floor Surfaces

Walkways could crack because of storm damage or other causes and can also be common places for water to collect. People must be cautious when walking outside in bad weather.

Ramps

Many workplaces have ramps for assisting disabled individuals, but such ramps can become slippery when it rains or snows. Increased slopes can then become difficult to navigate, and people should not underestimate the risks of ramps with a low rise, especially when they have no handrails.

Parking Lots

Parking lots can be especially perilous places to walk, often because of inadequate lighting at night after work. Be mindful of any irregular surfaces and speed bumps if your office has them, as even though most speed bumps are painted in a bright color, some may still be difficult to see.

 

 

Call Us Today to Speak with a New Orleans Slip and Fall Accident Lawyer

Did you suffer catastrophic injuries or did your loved one die in a slip and fall accident caused at the workplace? You will want to be sure that you get the help of Egenberg Trial Lawyers in holding the negligent party accountable because we will be able to help you recover every last dollar of financial compensation that is available to you.

 

Our firm understands how to investigate and then prove slip and fall cases, so you need not worry about having to deal with an insurance company alleging that you were solely at fault for your accident because we know how to prove the negligence of third parties. Call (504) 229-3117 or contact us online to take advantage of a free consultation with our New Orleans slip and fall accident lawyer.

Using Thermographic Imaging/Drones to Advance Hurricane Claims

Posted on by bradeg

Insurance companies often face delays in getting you the money that you deserve under the terms of your policy after catastrophic events such as hurricanes. Not only do they like to put up red tape, but they are also facing scores of other claims that require their adjusters to be in many places at one time. Insurers are increasingly turning to technology to obtain quicker analysis of damages. However, this may not be the boon to you that insurance companies would lead you to believe. 

Insurance Companies Say That Technology Gets You Paid Quicker

Insurers are now relying on things such as drones and thermographic imaging to get a closer look at hurricane damages. When insurance companies received approval to fly drones from the Federal Aviation Administration, they claimed that this technology could allow them to pay claims more quickly and would reduce any danger to adjusters. Hurricane Harvey was one of the first major storms where insurance companies first began to use this tool. Some insurers have launched large fleets of drones to help them respond to large-scale events like hurricanes.

The insurers claim that drones will help them avoid large backlogs of claims after major storms. They have said that drones will help them improve customer service. In addition, adjusters will not have to climb on as many roofs to inspect damaged homes. In some cases, drones may actually replace an adjuster’s inspection entirely, or it may reduce the amount of work that the adjuster does at the home. 

Technology Cuts Insurance Companies’ Costs, But Does it Help You?

Insurance companies have claimed that they are “pretty confident” that they could make accurate estimates of damages using drones. As a claimant, when an insurance company is confident about anything, you should be worried. While adjusters climbing on roofs is dangerous and time-consuming, it also allows them to get the best look at the damage to your home. Industry publications are touting the “success” that insurance companies are having with the use of drones. 

If there are any guesstimates that happen from the use of drones, you can rest assured that it will not be in your favor. There are concerns that the use of drones could be another way to further the advantage that the insurance company may have in the claims process. To the extent that drones give insurance companies a quicker view of damage, they may use it to deny claims on the basis that damage was caused by flooding. While manual inspection may add time to your claim, it also has safeguards that could protect your own interests. 

Be Careful About Quick Settlement Offers from Insurance Companies

On the other hand, advanced technology could mean that the claims process could happen more quickly, if the real reason for using drones really is to speed up payment. This would mean that you would need to be prepared for what may be a negotiation with the insurance company. Quick settlement offers may be a way for the insurer to sneak a low payment past you in the name of efficiency that does not fully pay your damages. 

Thermographic Imaging to Detect Water Damages

Similarly, insurance companies also claim that they are using thermal imaging to get a more detailed look at hurricane damage. Specifically, insurance companies use these images to pinpoint the source of damages from leaks and floods. They use differences in temperature to spot moisture patterns. 

They say that this technology picks up damages that inspectors otherwise would miss. In our experience, insurance companies do not invest millions of dollars in new technologies to pay policyholders more money. When you are dealing with insurers, it simply does not work this way. To the extent that insurers save money through using these technologies, the money will flow straight through to their bottom line, and it will not stop them from their usual practice of trying to underpay claims. 

Note that insurance policies that pay for hurricane damage do not cover flood damages. Homeowners would need to purchase a separate policy to pay for flooding damage. The use of thermal imaging technology could be a way for an insurance company to actually deny your claim and make it the responsibility of the flood insurance company as opposed to paying your claim more precisely and quickly. 

 

You Can Use Technology to Help Your Own Claim

However, you can also use thermal imaging to your own advantage. You do not have to wait for the insurance company to deny your claim, arguing that your damage was caused by flooding. You can hire a public adjuster of your own to estimate your claim. The same way that thermal imaging technology could be used by the insurance company to deny your claim, it can also be used in support of your claim by showing that your damages were not caused by floods. Technology can also work to your advantage when the insurance company is trying to avoid paying. 

Given New Orleans’ location in the path of frequent storms, you can expect the insurance company to deploy these technologies the next time that a hurricane comes through the area and causes widespread damage. This could change the way that they handle your claim. When you have a large insurance claim after a storm, you will benefit from legal advice from a knowledgeable lawyer. You do not have to be left holding the bag when an insurance company does not want to pay you for the full value of your property damage after a storm. 

New Orleans Property Damage Lawyers

Egenberg Trial Lawyers are experienced attorneys who have a track record of going after insurance companies who have either refused to pay our clients that they deserve or are offering much less than the fair value of claims. We know how to put the pressure on insurance companies when they are trying to avoid paying claims. Call us today at (504) 229-5700 or contact us online to set up a time to discuss your case.

Jones Act Claims for Injured Seamen

Posted on by bradeg

Many people rely on the waters around New Orleans and Louisiana to earn a living. While oil rigs, fishing operations, and other ships can provide quality employment prospects, these are always risky places to work and injuries can happen on a regular basis. The laws that apply to accidents on navigable waters are quite different from laws regarding accidents and injuries on dry land. One law that commonly comes into play is called the Jones Act. This is a complicated law and anyone injured on the water should contact an attorney with specific experience handling Jones Act claims.

What is the Jones Act?

The Jones Act is a federal law aimed at governing commerce traveling the ports of the United States. In addition to providing general guidelines for the maritime industry, the Jones Act also specifically provides certain rights for those injured on a vessel or while working for a maritime company. Some rights for employed seamen include:

  • To have a safe working environment
  • To file a legal claim if they are injured by the negligence of others
  • “Maintenance and cure” compensation for injuries or illnesses
  • Compensation if a vessel turns out not to be seaworthy
  • Additional damages if rightful payment is refused

Negligence that leads to injuries at sea can be attributed to the vessel owner, company owner, ship operator, or other employees who were onboard. You should consult with a skilled Jones Act attorney who can determine your rights under the law after an injury or illness at sea.

Important Compensation

An injury or illness on the water can result in a variety of losses for seamen. Conditions can require significant medical treatment, can keep them out of work, and can cause many other problems in their lives. Compensation that may be available under the Jones Act can include:

  • Costs of medical treatment
  • Lost wages
  • Future lost earnings
  • Disfigurement
  • Physical pain and suffering
  • Mental anguish
  • Costs of living while recovering from the condition

While such compensation can be extremely important for injured or ill seamen, too many people make costly mistakes in Jones Act cases that can delay or deny their compensation. Some of these mistakes include:

  • Waiting too long to report injuries or illnesses
  • Signing paperwork or accepting a settlement too soon
  • Retaining an attorney who does not regularly handle Jones Act cases

Signing on the dotted line to accept a quick payment may seem like the right thing to do at the time, however, additional losses may arise and you may be left responsible for anything not covered by your settlement. By taking the time to contact the right attorney and have them carefully review your case, you can best ensure that you are properly compensated in accordance with your rights under the Jones Act.

You Need a Skilled New Orleans Jones Act Attorney on Your Side

Egenberg, APLC regularly brings Jones Act claims for clients and we can assist you after an injury or illness on the water. Please call our maritime lawyers at (504) 229-5700 or contact us online for a free consultation.

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