I Suffered a Brain Injury in a Car Accident—Can I Sue? 

Car accidents can cause a lot of serious injuries for victims. You could sustain broken bones, spinal cord damage, organ damage, or brain damage. When you suffer a serious injury, it can affect your whole life. For instance, a brain injury could impact your memory, coordination, balance, personality, mood, and more.

If you’ve received a brain injury in to a car accident, you could be wondering whether you can sue the person responsible. Yes, you can sue for that injury and for your other injuries and losses. Filing a claim can be a challenge, but it could be worth it to obtain justice and compensation for your brain injury.

Suing for a Brain Injury

There are several reasons to sue for a brain injury. One, the lawsuit could help you obtain the money you need to pay for financial losses. The money can also compensate you for non-financial losses. Brain injuries can leave a person unable to live the life they once enjoyed. You deserve to be compensated for that.

Another reason to sue for a brain injury is to get justice. You have to have justice in order to move on with your life. Your claim can also protect other innocent people by bringing awareness to a dangerous situation or a dangerous person. Your case could bring about changes that make the world a little safer.

Suing for a brain injury is not easy, though. You must prove fault by whoever caused the car accident. You also have to prove your injuries and losses. If all goes well, you should receive a settlement to pay for your losses.

What Does Your Settlement Cover?

A car accident settlement is intended to make you feel whole again after an accident. That means you must be compensated for all of your financial and non-financial losses. For instance, you should be compensated for lost income, property damage, medical expenses, and transportation expenses.

You should also be paid for the lost ability to enjoy your life. You should be paid for pain and suffering. Mental distress, permanent injury, scarring, and disfigurement should also be compensated through your claim.

A car accident lawyer at our firm can help you hold the at-fault person to account for your car accident. They can help you calculate your claim’s value so you can receive full and fair compensation for this negative life event.

Talk with a Car Accident Lawyer in San Diego

You can sue after being injured in a car accident, but it probably won’t be easy. Insurers can give car accident victims a hard time. It’s not a bad idea to work with a San Diego car accident lawyer at our firm. They can look into the cause of your accident, gather evidence to prove your case, and help you go after those responsible.

Reach out to The Kindley Firm, APC, by dialing 619-550-1313 or by completing the form on this page. Get a free case analysis.

Signs of Elder Abuse

Accepting the aging process is a hard pill to swallow. As you see your loved ones lose control over their health, you may feel powerless and afraid. Nursing homes and in-home care services in San Diego can give your family members the support needed to age peacefully. Unfortunately, when you trust others to care for your loved ones, they don’t always provide the same level of care you would.

Elder abuse can occur in many forms, and your family member can suffer if this abuse goes undetected. It’s essential to know the signs of elder abuse so you can stop it and hold the culprit accountable. If you believe your elderly loved one has been abused, you should reach out to a San Diego elder abuse lawyer from The Kindley Firm, APC. We’ll help your family seek justice through a personal injury claim.

Signs of Neglect

Neglect is a common form of elder abuse that can often go unnoticed. When you hire a caregiver to take care of your family member, it’s important for them to do their job. If they neglect your loved one, it can be considered abuse.

If the caregiver doesn’t bathe your loved one, your loved one may develop bedsores or emotional issues. If the caregiver doesn’t medicate your loved one, your loved one can become sick or die. If you notice your loved one’s physical or emotional demeanor has changed, neglect may be the underlying cause.

Psychological Abuse

Psychological abuse can involve manipulation, belittling, harassment, or exploitation of the elderly. This type of abuse may not be easy to identify because your elderly family member may not come forward about their mistreatment. If your loved one becomes distant without explanation, you should investigate further to determine whether psychological abuse is occurring.

Physical Abuse

Physical abuse is any harmful gesture toward an elderly person. This may include hitting, pushing, slapping, or pinching. Caregivers must be patient with the elderly and understand their fragility. If you notice unexplained bruises, scratches, or marks on your loved one’s skin, you should find an explanation.

Financial Exploitation

Financial exploitation of the elderly is a common form of abuse because the elderly are a vulnerable population. If someone steals from your loved one or convinces your elderly loved one to pay them a large sum of money under false circumstances, you can take legal action. Once your loved one gets to a certain age, you should consider managing their money for them to prevent this type of abuse.

Contact a San Diego Elder Abuse Attorney

The elderly are an easy target of abuse. As the guardian of your elderly family member, you should do everything in your power to watch over them and prevent abuse from occurring. If you notice signs of mistreatment, you can speak to a lawyer and file a claim.

If you’re ready to discuss your case in greater detail, contact a San Diego elder abuse lawyer from The Kindley Firm, APC. To schedule a free consultation, call 619-550-1313 or fill out the contact form below.

Suing for Nursing Home Neglect After Contracting COVID-19

Nursing homes are designed to keep elderly adults safe at a time in their lives when they can no longer care for themselves. It’s horrifying to learn that some elderly adults are neglected while they are residents of nursing homes. Some have even become ill or died due to the coronavirus getting into their nursing home.

Although it’s not possible to prevent illness or death in every situation, a nursing home could be held legally responsible for illness or death of a patient in their care due to negligence. If someone was harmed at a nursing home due to neglect on the part of the staff, the nursing home could be sued for the harm that an elderly resident suffered.

If you have questions about whether you should be thinking about filing a personal injury claim against a nursing home where your loved one was a resident, talk to an attorney at The Kindley Firm, APC, about your case.

When You Could Sue a Nursing Home for Neglect

Even before the coronavirus came to the U.S., you had the right to sue for nursing home abuse. Sadly, elderly adults are abused in nursing homes throughout the country. There are laws in place to protect the elderly, and most nursing homes have some procedures designed to protect elders from abuse.

Elder abuse takes many forms, such as physical abuse, sexual abuse, mental abuse, financial exploitation, and mistreatment or neglect. Neglect can include failure to provide adequate medical care or failure to respond appropriately to an emergency situation.

For example, several nursing home abuse claims came out of the Hurricane Katrina disaster in New Orleans. When an emergency situation arises, you must respond appropriately and make the safety of the nursing home residents a priority. When nursing homes fail to protect their residents, or neglect them in any other way, the nursing home could be sued.

What’s the Purpose of Filing a Lawsuit for Nursing Home Abuse?

Nursing home abuse lawsuits can serve several purposes. For example, your claim could serve as justice for your beloved family member who was neglected during the COVID-19 crisis. Those who failed to respond appropriately could be held accountable for what they did.

Your claim could also result in financial compensation for your elderly family member. Here are some types of damages that could be paid out in a nursing home abuse claim:

  • Pain and suffering
  • Medical costs
  • Lost income (for family members who needed to respond to this situation)
  • Mental trauma
  • Permanent adverse health effects
  • Loss of life enjoyment

Connect with a Nursing Home Neglect Lawyer in California

Neglecting an elderly resident of a nursing home is never okay—even in times of crisis. While most nursing home staff probably don’t want their residents to be harmed by the coronavirus pandemic, they need to make sure their actions are appropriate under the circumstances.

Contact The Kindley Firm, APC, if you believe you have a nursing home neglect case. Call 619-550-1313 or fill out the contact form below to reach our firm and receive a free case review.

What Is Considered Nursing Home Neglect?

Neglect is one of the most common forms of abuse to occur in nursing homes. Neglect is also easily overlooked because it’s not a blatant form of abuse like physical or sexual abuse. Although neglect isn’t violent, it can still cause significant physical and emotional damage to your elderly loved one if it’s not identified and stopped quickly.

When neglect occurs in San Diego nursing homes, the liable party must be held accountable through a personal injury claim. A San Diego nursing home abuse lawyer from The Kindley Firm, APC, can use evidence from your family member’s incident to prove neglect has occurred and sue the nursing home. Your family deserves a settlement for the mistreatment that’s occurred and a lawsuit can deliver justice.

Failure to Administer Medications

Failure to administer medications is a clear sign of nursing home neglect. When your elderly loved one enters a nursing home facility, you’ll deliver a schedule with the medications your loved one must take each day and when they must take them. The caregivers at the nursing home are expected to follow this schedule closely because your loved one’s wellbeing depends on it.

If the caregivers at the nursing home don’t follow this schedule, then your loved one can develop illnesses or see a progression in illnesses they already have. If you notice this happening, neglect may be the underlying cause.

Lack of Hygienic Care

If your elderly family member suddenly has bad hygiene, then it could be a sign of nursing home neglect. Caregivers at the nursing home have a duty to provide hygienic care to patients. When they fail to do so, it can cause physical and emotional hardship on patients.

Lack of Attention and Supervision

When caregivers don’t pay attention to patients, patients can emotional reactions from the lack of interaction. A lack of proper supervision may also lead to injuries, as many elderly patients aren’t equipped to take care of themselves. Both a lack of social attention and a lack of proper supervision can be classified as nursing home neglect.

Neglect of Daily Nutrition and Mobility

If you notice your loved one’s health declining because of a lack of daily nutrition or a lack of mobility, nursing home neglect could be the cause. You should question the caregivers at the nursing home to ensure they’re doing their best to feed your family member and get them out of bed daily. Bedsores, for example, are an easy way to identify that something isn’t right.

Consult a San Diego Nursing Home Abuse Attorney

Although some of your elderly loved one’s health and behavior issues may result from their own lack of motivation to move around or eat properly, you should never assume that the fault is on them. Asking questions is a great way to identify the underlying cause of your loved one’s issues and determine whether nursing home neglect is at play.

If you’d like to discuss your family’s situation with a San Diego nursing home abuse lawyer from The Kindley Firm, APC, call 619-550-1313 or fill out the contact form below to schedule a free consultation.

Understanding California’s Statute of Limitations for Your Car Accident

After you’re injured in a San Diego car accident, you’ll need time to recover both physically and emotionally. As you’re going through the healing process, you may not consider taking legal action. But once you’re healed and the medical bills roll in, you’ll quickly feel the financial burden of your car accident and realize how beneficial a settlement can be.

When someone else caused your car accident, they should be liable for your damages. The state of California puts a statute of limitations on filing car accident claims, and it’s important to keep this deadline in mind so you don’t miss out on obtaining the settlement you deserve. A San Diego car accident lawyer from The Kindley Firm, APC can help you file your claim within the given time period.

Time Limit on Filing Your Car Accident Claim in California

Every state’s time limit on filing car accident claims is different. In California, the statute of limitations for filing all personal injury claims is two years. You’ll have two years from your accident to file your claim in the court system if you hope to recover compensation for your damages. If you don’t file within this time period, you won’t be eligible for a settlement.

Steps to Take Before Filing a San Diego Car Accident Claim

There’s a lot that goes into a San Diego car accident claim before filing, which is why it’s essential to get a headstart on your claim before the two-year deadline is up. Before you file your claim with the court, you must gather evidence in your case and determine whom to sue. You’ll likely send a demand letter to the defendant explaining why you’re suing them and what information you have that warrants a claim.

Also included in your demand letter will be the amount of money you hope to win. Before ever filing your car accident claim, you should account for your damages and know the value of your claim. That way, when you go to court, you’ll know the settlement amount you deserve.

How an Attorney Can Expedite the Car Accident Claims Process

If you have no legal experience, it can be difficult to maximize your car accident claim. Having an experienced attorney by your side will make it easier to negotiate with the defense and settle your case for an amount that reflects your losses. Even before you file your claim, you’ll want a lawyer to help you identify the at-fault party in your car accident and put your claim together.

Contact a San Diego Car Accident Attorney

Keeping California’s statute of limitations in the back of your mind after your car accident is a good idea. If you continue to delay your case, you could miss the deadline and miss out on your chance to demand justice. If you’d like to schedule a free consultation with a San Diego car accident lawyer from The Kindley Firm, APC, call 619-550-1313 or fill out the contact form below.

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