Preventing Nursing Home Abuse

August 6, 2018

Elder abuse in nursing homes is a growing problem and one that affects more than 2 million families in the United States. For those families who must trust a facility to care for their elderly parents, it’s important to know what actions you can take to protect your loved ones. While most elders are well cared for, the problem of abuse and neglect is common enough that there are special elder abuse lawyers in Los Angeles and across the country. Avoid Isolating Your Elder Loved One In itself, this is a form of neglect, because too much time alone can leave the elder feeling abandoned and depressed. Additionally, too much time segregated from others creates opportunities for others to commit abuse against the elder. Maintain a Regular Presence You should make it a point to visit your elder loved one on a regular basis. This will help the elder stay connected with your family, as well as making it easier to identify signs of nursing home neglect or abuse. Watching for behavioral changes, deteriorating health, injuries, and a lack of hygiene will be easier, when your visits are more frequent. Encourage Socialization and Activities Ensuring your elder loved one stays active and maintains relationships with others in the facility is a good way to help prevent abuse and neglect. You can’t be there 24 hours a day, but, if your elder loved one has friends among the other residents, they’ll spend less time alone. This will protect their cognitive abilities, as well as limiting opportunities for abuse. Be Aware of Financial Abuse This involves others accessing the finances of the elder for their own financial gain, as well as instances of less reputable caregivers overcharging the elder. To prevent the elder from being financially victimized, you and your loved one should be very watchful of their finances and limit access to sensitive information. Prohibit family members, friends, or nursing home staff with substance abuse problems from accessing the elder’s money. Protecting your elder loved one from neglect and abuse involves watching for physical, emotional, and financial changes. If you suspect your elder loved one is being victimized, you should consult a personal injury lawyer in Los Angeles as soon as possible. Delaying could mean endangering the elder’s safety further. Together, you and an experienced attorney can find out if abuse is really occurring and react accordingly.

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Immediate Attention After a Dog Bite

July 31, 2018

Dog bites are not just painful and embarrassing; they’re detrimental to your health. If you experience a dog bite, you will need to react to it very quickly. The following are the first four things you should do: Tend to the Bite Your first goal should be disease prevention. You will have to take actions that minimize the possibility of contracting tetanus, rabies and other infections that dog bites can pass. First, you’ll want to get someplace where you can squeeze as much blood as possible out of the wound and rinse it off with warm water. Next, you should use soap and water to rinse the wound further. When you’re done with that, you will apply an antibiotic to it, and then apply some pressure to stop the bleeding, and then bandage it. See a Medical Professional You will also need to get to a doctor as quickly as possible to get immediate attention after a dog bite. The doctor will examine your wound and assess the severity of your injuries. He will give you a tetanus booster shot if necessary and perhaps prescribe something to prevent other bacteria from spreading. Additionally, he can write the report that you will need when you contact our dog bite attorney in Los Angeles. Gather Your Documentation The next thing you want to do is gather all of your documentation for our dog bite lawyer in Los Angeles. Write down everything that happened. Take pictures of your wounds and the surrounding areas. Talk to the dog owner, witnesses, your doctor and anyone else who may know what happened. You will need all of this to speed up the process of litigation and receive the assistance that you may deserve for your injury. Contact Our Personal Injury Lawyer in Los Angeles California has certain laws that assign a great deal of responsibility to pet owners for injuries that they cause to other people. Therefore, the next thing you should do is contact our Los Angeles attorney who may be able to represent you in a personal injury case. You could be entitled to monetary reimbursement for your medical bills, missed work wages and any household bills that you couldn’t pay because you were recovering. Cases of extreme neglect may make you eligible for additional compensation. Schedule a risk-free consultation today and find out more.

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Tips For Preventing Swimming Pool Accidents

July 23, 2018

There is nothing like spending a day at the pool on a hot day. However, a swimming pool injury can ruin a day at the pool. There are many precautions that you can take that will prevent pool injuries. Supervise Children at all Times Drowning happens quickly, which is why children should be supervised at all times. Adults should keep their eyes on the pool and avoid things like reading and talking to other people while supervising children. Use the Buddy System Even if you are experienced, you should still swim with a buddy. It is never safe to go to the pool or the beach alone. You should also make sure that a lifeguard is present. Make Sure That At Least One Person Knows CPR It is important to learn CPR and first aid. It can take a few minutes for the paramedics to arrive on the scene. If CPR is not performed, then a person can die before the paramedics arrive. Do not Leave Toys in the Pool Toys should not be left in the pool. Children may be tempted to enter the pool unsupervised if there are any toys. Do not get in the Pool During a Storm Swimming in the pool during a storm can cause one to get electrocuted. You should wait 30 minutes after the storm has passed before you get in the pool. Do not Drink Alcohol Many people will never get behind the wheel after drinking. However, some people drink before they get in the pool. This can be just as dangerous as drinking and driving. Know Your Limits Dehydration and overheating can lead to a pool accident. Diving into a shallow pool can also lead to an injury. That is why it is important to know your limit before you get in the pool. If you follow the aforementioned tips, then you will be able to have fun while at the pool. However, swimming pool accidents cannot always be avoided. If you were injured at the pool due to someone’s negligence, then you will need to contact a personal injury lawyer in Los Angeles.

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How To Get A Better Settlement By Filing A Mass Tort Claim

July 16, 2018

It’s easy to see how class action and mass tort lawsuits can be confused with each other, but it’s important to know the differences when pursuing your claim. When you join a class action suit, you are grouped together with others who are seeking compensation from an entity. However, by joining the class action suit, you lose the ability to submit your individual claims and expenses. When a class action suit is won by the plaintiffs, you get a portion of the settlement along with everyone else. Mass torts are beneficial for those victims who have suffered substantial damages due to the negligence of a company’s actions. When you file a mass tort lawsuit, it allows for the filing of monetary losses due to medical bills, lost wages, pain and suffering, and incidental charges. You may also seek damages related to loss of future income, disability, disfigurement, and long-term medical care. If you live in the L.A. area and are a victim due to the negligence of a corporation, it’s important to contact an experienced personal injury lawyer in Los Angeles. Your attorney will review your case and help you with the important steps required to file your mass torts claim. He will help you gather important documents such as medical records, bills, and photo evidence related to your case. The legal staff will find witnesses to interview, get income documentation from your employer, and liaison with your medical providers. Mass tort lawsuits can be difficult to navigate, which is why you need the help of a lawyer who is familiar with the legal tactics of corporate lawyers. Corporations typically have a staff of lawyers whose sole purpose is to disprove your case and to keep you from getting a settlement. Get the compensation that you deserve by hiring an experienced personal injury lawyer in Los Angeles before it’s too late. Call us today.

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Different Types of Premises Liability

July 6, 2018

Premises liability is the legal term relating to when something occurs on personal or business property. When an accident occurs, the injured person has a right to sue the property owner. There are different types of premises liability that exist: Slips and Falls Slips and falls can occur on dry ground along with ice or mud. Suing the property owner is successful only if he or she is proven to be negligent. Poor weather conditions cannot be included in a lawsuit; however, an improperly maintained building can be. Dangerous Property Some accidents are caused by one or more dangers on the property. Uneven sidewalks or potholes in the road are common problems. A poorly maintained building could result in slips and falls, electrocutions and toxic inhalations. Faulty Equipment Poorly maintained buildings have malfunctioning equipment that is dangerous to use. There could be a malfunctioning elevator or escalator that moves too quickly or switches on and off without warning. A faulty electrical system causes all sorts of problems, including electrocutions. Lack of Security An open building is vulnerable in an unsafe part of town. Any intruder is likely to walk in and commit a robbery or assault. When this happens, an injured person can file criminal charges against the attacker and file a civil suit against the property owner. Most accidents are preventable when a good security system is set in place. Animal Attacks A homeowner who is a pet owner can be sued for an animal attack. A premises liability lawyer proves negligence if the owner failed to secure the animal properly. Another issue is when no sign was present to warn of an aggressive animal. Flooding Property owners cannot prevent natural disasters from occurring. However, they can prevent man made floods that are caused by water leaks. These floods may carry dangerous bacteria and cause electrocutions if live wires are present. Any dangerous situation that results in an injury is a part of premises liability. Know that the law treats the same situation in different ways. Hiring a personal injury lawyer in Los Angeles is important because most areas of law are more complicated than they appear on the surface. Obtain the compensation that you need to overcome an accident. Call Now.

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Top 5 Dangerous Places in Los Angeles for People Walking

June 22, 2018

Historically, Los Angeles has not necessarily been known for its walkability. However, in recent years, the city that once reigned as the king of car culture is becoming more green. To save money and preserve the planet, some residents have even gotten rid of their vehicles. Unfortunately, some of the drivers in the city have not adjusted to the rise in pedestrians. It’s not a surprise that pedestrian accident attorneys are busy. Here are five of the spots causing the most trouble for people who walk around Los Angeles. Hollywood & Highland: Full of tourists, this is an area that sees a lot of foot traffic—and a lot of pedestrians being hit. Drivers in this area are urged to heed the signals and practice extra care while driving in this area. After all, many of the tourists may hail from outside of the United States. They may even be unfamiliar with our signs. As pedestrian accident lawyers in Los Angeles , we will tell you to be more cautious while walking the streets of LA and avoid an accident. La Cienega & West Pico: Many Orthodox Jewish people live in this neighborhood, which means that foot traffic tends to be on the higher side—especially on Sabbath and high holidays. Drivers on their way south to the 10 Freeway may be careless as they rush to their homes or jobs. Paying attention is critical at this intersection. Hollywood & McCadden: Again, tourist foot traffic can be problematic for distracted drivers in this area. Close to several attractions, such as The Wax Museum, this intersection is not very well lit. Those who are walking should look both ways before crossing; otherwise, they may find themselves having to call a personal injury lawyer in Los Angeles. Western & Fountain: Although residents have reported a non-functioning traffic signal at this intersection, crews have not been dispatched to fix it. If drivers assume they have the right of way by checking the pedestrian walking signal instead of checking to see if anyone is trying to cross, they may hit a pedestrian. Western & Florence: Further south on Western, drivers have to contend with pedestrians who are trying to make it to their buses. As a busy stop for Metro buses in Los Angeles, this area is often full with people who are running to their bus without checking for vehicle traffic first.

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What You Can Do to Prevent Drunk Driving

June 15, 2018

Mothers Against Drunk Driving (MADD) recently released some shocking statistics regarding drunk driving. Every two minutes, someone is injured in an accident due to drunk driving, potentially requiring the services of a DUI accident lawyer. Every 51 minutes someone dies from a drunk-driving crash. 66 percent of people will be impacted in some way, shape or form by an alcohol-related crash during their lifetime, and 1/3 of those arrested and convicted of drunk driving are repeat offenders. Campaigning to eliminate drunk driving requires both invention and prevention to be successful. Inventions 1. Auto driving vehicles Vehicles in the future will have the technology to calculate if the driver has a BAC above the legal limit. If over the limit, the car won’t operate because the driver is impaired. Driver alcohol detection systems for safety (DADSS) Both DADSS and MADD are actively working towards making our country free of drunk and impaired driving. The devices will be transparent until someone attempts to drive with a BAC above .08, the legal limit. The two systems being tested are one that measures BAC through fingertips, while the other samples the air of the driver. Prevention 1. Law enforcement and sobriety checkpoints Sobriety checkpoints might be a hassle if you’re sober, but they’ve been proven to reduce traffic fatalities by 20 percent. Police usually announce their location ahead of time and stop vehicles sequentially when they pass through. Ignition interlock devices All-offender ignition interlock laws are active in Arizona, Louisiana, New Mexico, and West Virginia. Deaths due to drunk driving have dropped from repeat offenders by almost 2/3. Efforts to reduce DUI in Florida • Law enforcement utilizes sobriety checkpoints to check if a driver is impaired and administers a breathalyzer if they suspect the driver is under the influence • Ignition interlocks prevent the car from starting if the driver has a BAC above the pre-established limit • Laws allowing revocation and suspension of licenses for those who refuse testing or test above legal limits How can you avoid a DUI? The best way not to need a DUI accident lawyer in Los Angeles is not to drive impaired. Here are a few tips to staying sober on the roads: • Pay for a taxi or ride-sharing company • Have a designated driver • Get a room at a motel for the night, so you don’t have to drive • Stay home and celebrate Drinking and driving continues to be a significant issue. If you or anyone you know has been a victim of drunk driving, you may want to contact a personal injury lawyer in Los Angeles to get advice on how to proceed.

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Assault and Battery

June 8, 2018

Assault and battery charges are a common happening in California. While the two terms are closely related, they refer to different offenses in law. Assault can be defined as the attempt or intention to cause harm to another person, which does not involve physical contact or injury. Battery refers to unlawfully injuring another person through the use of force or violence, which involves physical contact. How is a battery case proven For a defendant to be found guilty of battery, the prosecutor must prove that: – The defendant acted unlawfully and willfully – The defendant used violence or force – The defendant touched another person in a manner that was harmful or offensive The touching can be direct or indirect. For example, if person A intentionally throws an object that hurts person B, Person A is guilty of battery. It is important to note that unlawful touching can qualify as battery even if it didn’t cause injury or pain to the other party. – Possible defenses to assault and battery charges – Self-defense – One can defend themselves against battery charges by arguing that they acted in self-defense. This can be done by proving that the other party was the initial aggressor. The defendant can also show that they had enough reasons to believe that the other party wanted to injure them. The law requires one to use reasonable force to repel an attack. Use of excessive force can be a criminal offense. Lack of intent For one to be found guilty of battery, it must be proven that the contact with the accuser was intentional. A defendant can, therefore, argue that injuries caused were accidental. Consent If the two parties agreed to participate in an activity in which there is a risk of battery, one party cannot accuse the other of unlawful battery. For example, boxing. Others Other possible defenses to battery charges include defense of others, defense of property, involuntary intoxication, and factual innocence. Penalties for Assault and Battery in California Under Penal Code 240 PC, assault is considered a misdemeanor. It carries a fine not exceeding $1000, a jail term of up to six months in county jail, or both. Simple battery is considered a misdemeanor in California under Penal Code 242 PC. It attracts a fine not exceeding $2000, a jail term of up to six months in county jail, or both. However, aggravated battery or battery against state officers can be charged as a felony. Where to Find a Personal Injury Lawyer in Los Angeles If you are involved in an assault or battery case, you should contact Oscar H Gutierrez, APC. We will assign you a personal injury lawyer or an assault and battery lawyer who will give you quality legal representation. Our team has handled personal injury cases for more than 40 years. Contact us here.

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