Elder Abuse in Nursing Homes

We help many people with aging parents choose great nursing homes and elder care facilities to provide for their parents, as they grow older. While we know which nursing homes to avoid, some people choose facilities on their own that neglect or abuse the seniors they are supposed to be caring for. In fact, one CBS news report showed that approximately one-third of nursing home and elder care facilities, have received warnings or citations for abusing the elderly. If you suspect, or know, that one of your parents or loved ones has been abused or neglected by the staff of a nursing home it is time to contact an elder lawyer or personal injury lawyer.

The types of Nursing Home Abuse

We have represented many nursing home residents that have been abused either physically or mentally. Unreasonable restraining practices, sexual assault, battery, and choking are all types of physical abuse that have occurred in nursing homes. The most common types of emotional abuse that occur in nursing homes are humiliation, threats, or insults. While emotional and physical abuse are the most common, other types of abuse also occur including failure to provide or improperly providing medications, neglect of patients, withholding or not providing adequate food, and occasionally theft and financial exploitation.

What To Watch For

There are some common warning signs of nursing home abuse.

• Cuts, bruises, or scratches
• Unusual hair loss.
• Rapid weight loss
• Poorly or unexplained injuries
• Bad hygiene
• Unnoticed and uncared for bedsores
• Multiple infections

Continue Reading »

Does Marijuana Impair A Driver’s Abilities?

Over the years there have been many studies relating to driving under the influence (DUI) of drugs, specifically marijuana. There are problems with each study and with measuring the amount of the active drug in marijuana that causes impairment called THC. One study actually tries to combine all of the others together in an attempt to make the issue understandable. There are three primary items that each study agrees on. First each study agrees that marijuana does impair driving in some way. Second the higher the concentration of THC in a person’s system the more of an effect it has on their driving ability. Third they all agree that there is an exponential negative effect when a person is driving under the combined influence of drugs and alcohol, even at low levels of both.

Florida DUI Law For Drugs

Florida law is complex and not totally black and white when it comes to driving under the influence of marijuana. According to Florida statute 316.1934 a person is under the influence of a chemical substance when their normal functioning is impaired. It goes on to define normal functioning to include the things that a person does every day including the ability to judge distance, make judgments, walk, see, hear, and most importantly drive an automobile. In a nutshell, if the drug a person has taken negatively affects their ability to do the things they could do when not under the influence they are considered to be in violation of the law.

A Drivers Liability In Marijuana Related Accidents

In Florida if a person is found to be driving under the influence of either alcohol or drugs, they may be liable for any personal injuries they cause to other people. In fact, a driver’s liability when DUI is even higher than in an ordinary car accident. If the driver is a teenager, their parents may be held responsible for the injuries their child causes. In some cases, even if their child is in college the parents can be held responsible.

Marijuana Car Accident Personal Injury Cases Are Complex

Due to the incredibly complex nature of liability in Florida, a personal injury case stemming from an accident caused by a person driving under the influence of marijuana can be lengthy and complicated. If you or a loved one has been injured in a DUI accident you need to contact an experienced Florida personal injury DUI attorney. Any DUI accident case that also involves personal injuries  has the potential to be lengthy and complicated. A personal injury lawyer helps to make the process quicker and easier for you to manage. If you are in the Tampa Bay area, contact Paul Cavonis at the DeLoach + Hofstra law firm now by filling out the form to the right or by calling 855-835-5502. His vast experience representing injured people in Florida means that he will help you receive the maximum amount of compensation possible. You deserve restitution for your injuries and their effects on your life. Paul is ready to help you today.

Every day I speak with people who have received personal injuries that are not their fault. Severe or permanent injuries are sometimes the worst cases I deal with. When a person’s day-to-day life is affected by a catastrophic injury it is always horrible for the injured person who not only has to deal with pain, but also learn to adjust to a new normal day to day existence. It can also be a highly emotional experience for their family who has to watch their loved one suffer. In a permanent injury case, the long term impairment of the injured person is dealt with separately from the immediate medical treatment and any pain and suffering. Long term impairment usually means that someone who has lost the ability to do the things they once did, or they have a major change in their lifestyle. A permanently injured person may not be able to take part in the athletics they once did, clean the house, and generally enjoy life the way they once did.

The Long Term Effects Of Severe Injuries

Typically a permanent injury is something that has required extensive medical treatments. Usually the victim experiences grave and lasting effects on their life. Occasionally a permanent injury can leave the injured person in horrible pain or permanently disabled. In the worst cases injuries may even reduce the length of the victim’s life. To prove a permanent injury has occurred the burden of proof involves demonstrating that the physical limitations of the injuries are long term. The physical limitation must cause a significant, and separate, amount of financial loss from the short-term medical care required to stabilize the victim.
Continue Reading »

You Are The Key To Avoiding Injury Motorcycle Accidents

This week we give motorcyclists tips on how to ensure the safest possible ride. Bikers know that not every car driver pays attention as well as they should, and many don’t understand how a motorcycle needs to be operated.  It is very common for motorcycle riders to be involved with close calls, and some to be injured in motorcycle accidents in Florida. Since our motorcycle accident attorney is an avid motorcycle rider himself, we deeply care about protecting bikers from injury. This desire to keep bikers safe is why we offer the following motorcycle riding safety tips.

Safely Driving Motorcycles – From Gear To Going Fast

These are some important tips for making sure you arrive safe no matter your destination.

• The most important safety step you can take before ever riding a bike, and every few years after that, is to take a bike riding course*. These courses will teach, or refresh, the skills needed to ride sharp and defensively.
• Wearing the right gear is the most overlooked part of riding a motorcycle. No matter the length of ride always wear full leathers, gloves, a helmet with protective face mask or goggles, and heavy-duty boots with non-skid soles.
• Never ever ride after drinking. Almost as dangerous as riding impaired is riding your motorcycle without enough sleep. Never drink & ride, and never ride when you’re fatigued.

Continue Reading »

Safely Driving Your Vehicle Near Motorcycles

If you aren’t a motorcycle rider you may not know the difficulty level of safely operating one. It takes a very different set of skills and level of alertness than most car drivers use. Bikers routinely relate stories to us about inattentive drivers causing accidents. The auto accident attorneys at DeLoach and Hofstra fight hard for motorcyclists injured by other drivers. With that said, we would be incredibly happy if no motorcyclists are ever injured again by car drivers who don’t realize the challenges created by motorcycles. Below are some tips for safely operating cars near motorcycles.

Get To Know How Motorcycles Are Different

Car drivers may not realize the many challenges created by motorcycles. Here are some things to always keep in mind when driving your car.

• You will be safer and more cautious of motorcyclists if you think of the unprotected person driving, instead of a motorcycle itself.
• Never assume that a motorcyclist will do what you expect. Maintaining a good following distance is one of the best ways to give yourself the reaction time needed to avoid accidents.
• Learn to recognize motorcycles being driven on the road. Because a motorcycle takes up less space on the road many drivers either don’t see or don’t realize they are near a motorcycle.
• When you see a motorcycle in your mirrors they can appear to be moving much quicker than they really are due to their smaller size relative to other vehicles.
• A car’s turn signal usually turns off on its own after a turn has been made; on motorcycles, however, turn signals do not self-cancel. Never assume a motorcycle’s turn signal correctly demonstrates the rider’s intent.
• Motorcycles can sometimes move incredibly fast but they do not always stop as quickly as you might think, especially on slippery oil and rain slicked roads that often happen in Florida. Increasing your following distance is the best way to protect yourself.
• Motorcycles can easily hide in a car’s blind spot or covered by other vehicles and objects on the road. Taking a few extra moments to check traffic can save you from hurting someone.
• The small size of a motorcycle can make judging their distance very difficult. It is best to assume that a motorcycle is closer to you than it appears.
• Changing road conditions including air pressure variations caused by passing vehicles, trash and debris in the road, and unpredictable weather and wind conditions all cause motorcyclists to adjust where they are in a lane. Allow the motorcycle to occupy the entire width of the lane it is in.
• Unlike a car, a motorcyclist does not need to use a brake to slow down. Downshifting is often more effective, but it does not activate the brake light. This is another reason to give motorcycles plenty of following distance.

As you can see it is important to be cognizant of motorcyclists while driving your car or truck. Doing so will save you the heartache of unintentionally injuring someone. Keep in mind that if your operation of a car is the reason for a motorcycle accident you may face expensive auto accident injury lawsuits. Remaining vigilant on the road for motorcyclists, as well as other hazards, will potentially save you from legal difficulties.  If you need help following an injury accident, even one that did not involve a motorcycle, contact us online or call 727.835.5502 to schedule a free initial consultation with one of our Pinellas auto accident lawyers.

No one wants to think about being in an auto accident, especially one involving injury or death. Unfortunately according to a Florida Highway Safety and Motor Vehicles’ 2010 statistic, there are an average of 645 auto accidents every day. In a given year they report that there are 124,847 injury accidents and 2,261 that involve a fatality. These numbers make it reasonable to assume that you or someone you love will be involved in an accident in their lifetime. It’s important to know what to do after a car accident to legally protect yourself and ensure that you receive the compensation & protection you deserve. Taking the actions listed below will help ensure that you are ready when the time comes.

Action Item 1: Prepare For The Worst

Make sure you carry the following in your car to protect yourself from further injury and to document the scene.

• Warning devices like road flares or emergency triangles. Road flares can go bad over time, so make sure to replace them once a year.
• A disposable camera or inexpensive digital camera. If you use a digital camera make sure to check the batteries once in a while.
• Keep writing instruments and paper in the glove compartment. Usually a small notebook and a mechanical pencil are best. Pens may dry up over time.
• If you or a family member has any medical issues, write the issues and the persons name and date of birth on a notecard that you keep with your insurance documents.
• Have the name and phone number of a Florida auto accident attorney that you can trust written down and kept with your insurance information.

Continue Reading »

At DeLoach and Hofstra, our goal is help our clients and get their legal work done as efficiently and effectively as possible. We want our clients to understand their work product, what we are doing and why we are doing it. Estate Planning and other matters can be very complicated, but our goal is to make sure that your estate plan actually works upon your death or incapacity. Many estate plans fail because the client did not understand the implications of their will, the importance of funding their trust, or recognize the law of unintended consequences. An estate plan is more than a set of documents, it really is a plan for your death or incapacity.

Doing the right thing by our clients was instilled in me by my father. He has set the tone for creating a community law practice while giving the best quality legal care available. Being part of our community, we have a friendly law office. We do not screen our phone calls. We do not charge costs for faxes, copies or letters. Our fees are reasonable and we work with clients in paying for our services. We work every day of the week, return phone calls on time and will come in early and stay late to get your work done. When our clients are in need, we will do our best to help them – that is all there is to it.

Today’s tragic shooting of Rep. Gabrielle Giffords and countless others in Tucson is an unspeakable tragedy that affects us all.  The fact that fatalities occurred make it even more tragic.  Our society and our democracy suffers when such horrific, violent acts take place.  At this hour, we do not know the motivation or intention of the suspect now held in custody.  What we do know is people are suffering.  Our country has lost a 9 year old child, a federal judge and perhaps others whose lives were precious to those who knew and loved them.  Our prayers and thoughts are with the good people of Tucson.  May we never suffer such a senselesss tragedy again!