Glick Law Firm, P.A.

Children and the elderly are among the most vulnerable groups of people and need responsible and gentle care. When we place an aging relative in a nursing home, we expect them to be well cared for, with good medical supervision, good nutrition, interesting daily activities if possible, a comfortable bed, and all the things that we would provide for them ourselves.

Sometimes this is the case but not always. The elderly are not necessarily able to speak up about negligent care or active abuse – whether because of a stroke which has paralyzed them, Alzheimer’s which is gradually taking their alertness, or fear of retaliation. For that reason, it’s very important to visit your family member in the nursing home.

Make your visits irregular, unpredictable
That way, the staff will know you’re interested in your relative’s welfare but will not know when you might appear for a visit. That can help keep them attentive and on their toes. When you do visit, talk to some of the nurses or aides and ask how your relative is doing. Ask if there are any problems in caring for him or her. Try to create pleasant and communicative relations with the staff.

You can also check your loved one’s person and bed area for any signs of abuse or neglect, such as unexplained bruises, sores on the hips, buttocks or shoulders (which would indicate the person is not being turned in bed often enough), bad breath, weight loss, or unspoken fear. Nursing home abuse can take many forms.

Check that there’s a water jug and glass at the bedside, and that the jug is not empty. Thirst becomes less noticeable as we age, but it’s important not to become dehydrated, so someone may need to give regular drinks of water.

If you notice anything amiss and your loved one cannot give you any information about it, speak to the staff and administrator. If you feel that something is being hidden, by all means, contact us for a free consultation.

Big trucks have been increasing in numbers on our highways in recent years. Their enormous size and weight increase the danger for other vehicles on the roads. A trucker needs different skills to safely operate a big rig than the rest of us need to safely operate our passenger cars, small trucks, or motorcycles.

Truckers are trained in how to stop and accelerate safely with that huge weight behind them. They are taught how to check their truck tires and other truck parts for good maintenance while on a journey. Many are also taught how to load special types of cargo such as automobiles, and how to check that a load is well-balanced and well-secured.

Truckers also keep logbooks of each trip they make. Their employers give them deadlines by which to deliver their load, and each day they must record their driving times, break times, miles driven, and any incidents that happen. Some trucks have a digital communication with the trucking management office, and some are tracked by a GPS system which tells management where each truck is at any given time. Some newer trucks also have two drivers and a sleeping and eating facility behind the driving cabin. So each driver can spell the other and both can get enough sleep.

However, despite all these safety and maintenance precautions, trucks are increasingly involved in accidents. Of course, the truck wins in any encounter with a smaller vehicle, and usually the trucker is uninjured while the passengers and drivers in small vehicles are hurt and perhaps killed.

If you have been injured in a truck accident, or if you have a loved one who has been so injured, we will be happy to give you a free consultation, and advise you of your legal options. We can evaluate your situation and determine if you have a valid legal claim. Please contact us today.

The death of a loved one is always hard to bear, but when that death could have been prevented if someone had just done their job properly, or acted in a responsible manner, the pain is even greater. A wrongful death is one caused by someone’s negligence. It can happen anywhere, though the most frequent scenarios are auto accidents, workplace accidents, and mishaps caused by defective products.

Wrongful death cases are civil actions filed under tort law and are brought by close relatives. Sometimes grandparents and stepchildren can bring a wrongful death claim, but typically it is done by:

• Parents
• Children (or by their guardians if they are too young)
• Spouses
• Siblings

The standard of proof in the U.S. for establishing negligence that caused a death is the "preponderance of the evidence". In other words, it is not as strict as standards requiring "clear and convincing evidence" or "evidence beyond a reasonable doubt". If the death was deliberately caused, that would be a criminal prosecution. However, a person can be sued in both ways – civilly for wrongful death and criminally for murder. An example of that is O.J. Simpson.

In a typical wrongful death case, the death must be shown to have been caused by the defendant’s negligent action or lack of action, regardless of any possible intent to kill.

Monetary damages can be awarded for a wrongful death, to cover a variety of losses, such as:

• Burial costs
• Medical costs
• Lost income
• Loss of consortium

Punitive damages are sometimes awarded, as a punishment against the negligent party. If you have lost a loved one in what appears to be a wrongful death, please contact us for a free consultation.