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Injuries

What are the 4 elements of a negligence claim?

Every type of negligence claim must show four basic elements: duty, breach, causation, and damages. A plaintiff has to demonstrate that the defendant owed him or her a duty of care, the defendant breached the duty, and that breach caused the plaintiff to suffer damages. 

Unlike a criminal trial, a plaintiff does not need to show proof beyond a reasonable doubt. Instead, the plaintiff must prove that what he or she alleges is more likely than not to be true. Attorneys sometimes refer to this burden of proof as a preponderance of the evidence. A plaintiff in a personal injury case must establish each of the four elements of negligence by a preponderance of the evidence in order to prevail at trial. 

Duty

In general, everyone owes one another a duty of reasonable care. Drivers have a duty to one another to drive with care. Doctors have a duty to treat patients with care. 

Breach

Plaintiffs must be able to explain how an act or omission breached a duty of care. For example, plaintiffs could show that a defendant failed to follow traffic laws or a doctor failed to diagnose a condition. 

Causation

Plaintiffs must show that a breach of care caused direct or indirect injury. Causation is arguably the most important element of a negligence claim and often the most difficult to prove. 

Damages

Injury is typically the easiest element to prove. A plaintiff may use evidence such as medical records or photographs to show injury, A plaintiff can show the economic damages from an injury with evidence such as medical bills or pay stubs reflecting lost wages. 

Categories
nursing home abuse and neglect

What are common types of nursing abuse and neglect?

One of the few guarantees in life for people in Tennessee is they will grow older. People can do many different things to try and delay the effects of age, but people cannot stop time. Over time the body will break down and people are not able to do the same activities and things they were used to doing when they were younger. They also may develop various cognitive problems as they age. Eventually it may get to the point that people will need assistance in their daily lives.

If this situation arises, people may need to go to nursing homes where they can receive the care they need. If this becomes a reality, they will do their research and try to pick the best nursing home to live at. However, no matter how nice it may seem or the promises they may hear about the home, people can be the victims of nursing home abuse and neglect. This is an unfortunate reality, but one that loved ones should be aware of in order to stop it right away of it does occur.

Common types of nursing home abuse

There are many different types of abuse and neglect that can occur, but some are more common than others. Common types of abuse include:

  • Physical abuse – this can include hitting, shoving kicking, the use of restraints, force feeding, improper drug administration and other types of physical contact
  • Emotional/psychological abuse – this includes verbal assaults, insulting, threatening, intimidation, harassment and other types of abuse
  • Neglect – this includes not performing the proper cares, not properly caring for hygiene, ignoring a patient, not providing medication and others.

People in Tennessee go to nursing home to receive the care they need. So, it is very unfortunate when the people charged with their care abuse them in the ways mentioned above or any other way as well. If people are the victim of nursing home abuse, they may have different types of recourse including financial compensation for the damages they suffered. Experienced attorneys understand these difficult situations and may be a useful resource.

Categories
motor vehicle accidents

Why Byington Beaver Ridge Road is a danger

It seems like every area has one road that is terribly dangerous. There are many reasons why a stretch of road sees more accidents than other roads. For example, it could be because drivers are more likely to speed in the area or it could be the design of the road. It is also possible for there to be multiple factors.

When it comes to dangerous roads in Knox County, Byington Beaver Ridge Road ranks near the top. According to WBIR, this state road has been an issue for years and has led to numerous serious and fatal accidents.

The problem

The main issues with the road are both due to its design and drivers’ exceeding the speed limit. The road has a curve in it that is not hazardous when drivers are honoring the posted 35 MPH speed limit, but due to excessive speeding, the curve leads to loss of control issues and accidents. There is also no shoulder on the curve and the edge falls into a steep ditch, which only compounds the risks of the roadway.

The solution

WATE explains the solution from the state is to create a road design that allows for drivers to correct their mistakes without it leading to a fatal accident. The state will add in dirt to build up the area beside the road to create a shoulder area. If a driver runs off the road, he or she will be able to recover from it much easier and avoid a fall into the ditch. The easy fix took place near the end of 2020, so the effects are still to be seen, but it should help to reduce the accidents on this road.

Categories
dangerous and defective products

FDA issues warning on some male enhancement products

Some advertisements appear too good to be true and the advertised products may also be unsafe. The U.S. Food and Drug Administration issued a warning earlier this month that almost 50 male enhancement or weight loss products may pose a significant health risk. These potentially dangerous and defective products can cause serious side effects and interact with medications or dietary supplements.

Continued sales

The FDA continues to find potentially dangerous products available for purchase from online marketplaces and retail stores despite its consumer warnings made for similar products over the past decade. Online retail sites included Amazon and eBay.

The FDA purchased 26 products from Amazon and 20 of 25 products from eBay that contained undeclared pharmaceutical ingredients. Undeclared active ingredients uncovered by the FDA’s testing laboratory included sildenafil, tadalafil, vardenafil, sibutramine, desmethylsibutramine, phenolphthalein and fluoxetine.  Some of these are active ingredients for FDA-approved prescription drugs which can only be used under a licensed health professional’s supervision.

The FDA purchased many products from Amazon and eBay with names that are identical or like tainted products that were in earlier FDA consumer warnings. Some of the Amazon products were offered under the designation Amazon Choice or #1 Best Seller, according to the FDA.

Federal law prohibits products with undeclared drug ingredients. Typically, these products are unapproved new drugs or adulterated dietary supplements. These are considered misbranded by the FDA because their ingredients are not accurately reflected on the products’ labels.

Prevention

Consumers may use the FDA’s tainted products database which identifies 1,000 potentially unsafe products. Unfortunately, however, the FDA is unable to test and identify all products with potentially harmful and hidden ingredients.

Consumers should be cautious about using certain products even if they are not included in the FDA’s database. These products are advertised for sexual enhancement, weight loss. bodybuilding, sleep aids or pain relief. Products that offer immediate or fast results and that make claims that appear too good to be true are suspicious.

Consumers should speak to a health professional before using any over the counter product advertised for sexual enhancement, weight loss, bodybuilding or marked as a dietary supplement for pain relief. These products may interact with medications and dietary supplements.

Consumers, in addition to consulting with their health providers, should seek information from other reliable sources besides the product’s seller. Consumers and health care practitioners may report any unfavorable effects to the FDA’s MedWatch Adverse Event Reporting program.

An attorney can research products and determine they are unsafe and the manufacturer’s liability. With legal representation, an injured consumer can seek compensation and damages.

 

Categories
catastrophic injuries

Traumatic brain injuries and the loss of cognitive functions

Being involved in a serious accident is a scary and life-altering situation. In some cases, a victim of an accident will suffer such severe injuries that he or she will require long-term medical care to address the ongoing medical issues he or she has endured. With regards to a traumatic brain injury, victims in Tennessee and elsewhere could experience serious issues when it comes to their cognitive functions. Thus, this catastrophic injury could impact a victim not only in the short-term but also long-term as well.

Loss of cognitive function

A traumatic brain injury could cause major disruptions for a victim. This is not only impacts how a person physically feels but also how he or she lives their lives. Having cognitive disruptions could impact the victim in the short-term and even in the long-term.

A recent study explored why individuals of a TBI suffer a temporary severe loss of cognitive function. What was found was that the injury to the brain can cause a chain reaction in the brain. As a result, it could stop the activity across a vast network of neural circuits. The reason for this is that the healthy or unaffected brain cells can sense that there has been an injury. This results in the radical change of function.

Recovery of cognitive function following a TBI

While the loss of cognitive functions following a TBI can be a scary and overwhelming situation to deal with, it may not be permanent or remain as severe long-term. According to the study, it was determined that this chain reaction allows for the nervous system to pause after a TBI. This allows for the cells to assess whether they are healthy or not, activating steps to destroy them, help them recover or deem them healthy.

The aftermath of a serious accident could significantly impact the life of the victim. A serious injury will require much medical treatment; however, it could also impact one’s ability to lead a normal life and their quality of life. Thus, it is important that victims and their loved ones explore their rights and options when it comes to addressing the injuries and harms suffered as a result of an accident. Oftentimes, a personal injury action is filed as a means to recover compensation for these losses. This action also helps hold a negligent party accountable for these losses and the accident that caused them.

 

Categories
motor vehicle accidents

Tennessee’s work zones see 14,082 crashes over 5-year span

As cities and towns across Tennessee grow and the number of drivers traveling to and from them grow alongside them, so, too, does a need for road construction to accommodate the rising number of motorists. You may find Tennessee’s many work zones to be a nuisance, wasting your time and keeping you from where you need to be. However, these areas also see high numbers of car crashes.

According to WREG, Tennessee saw 502 crashes in its work zones between the first of January and the end of September in 2019. Of those 502 crashes, seven fatalities resulted.

Tennessee work zone crash statistics

Between November of 2014 and November of 2019, Tennessee’s work zones were the sites of 14,082 car wrecks, resulting in 5,464 injuries and 83 road deaths. In 2018 alone, 656 crashes occurred in the state’s work zones, leading to 183 injuries and 13 fatalities.

Tennessee work zone crash hazards

Why is it that Tennessee’s work zones see so many car wrecks? The dangers linked to construction zones are twofold. First, you face hazards that stem from the ongoing road work. Unclear or unfamiliar traffic patterns may lead to confusion. Other hazards, such as misplaced traffic cones or machinery obstructing your view, may also heighten crash risks.

Motorists who drive negligently through work zones, whether by speeding, driving drunk or driving while distracted, also have a hand in many Tennessee work zone crashes. Drivers who follow too closely behind other drivers in work zones also enhance crash risks, with a high number of work zone car wrecks involving drivers hitting others from behind.

No one has the ability to control the actions of others. However, by driving defensively, slowing down and remaining vigilant, you should be able to reduce your chances of a work zone wreck.

Categories
nursing home abuse and neglect

What are the warning signs of nursing home abuse?

You admitted your aging parent to a nursing home in Tennessee recently. Lately, you noticed changes in your loved one’s behavior. Could it be nursing home abuse or neglect?

Get facts on the matter with insights from the National Council on Aging. Arm yourself with knowledge to protect your mother or father.

The signs

To confirm your suspicions, look for specific and common indications of elder abuse. For instance, abuse victims may have visible pressure marks, bruising, abrasions or broken bones. Indications of neglect include poor hygiene, bedsores, sudden weight loss and neglected medical needs.

Nursing home residents may suffer non-physical abuse. Signs of financial abuse include odd shifts in financial status and mysterious transactions that your loved one does not remember making. Warning signs of emotional abuse range from odd changes in alertness and peculiar withdrawals from activities a person once enjoyed to unexplained depression and constant verbal fights between nursing home residents and caregivers.

The factors

Not all nursing home residents become victims of physical, financial or emotional abuse. Contributing factors include mental impairment, disabilities and isolation.

The affects

Those who suspect their loved ones may experience abuse at a nursing home must take quick action. Left unaddressed, victims have a higher risk of dying because of the abuse. Unchecked financial abuse can drain a victim’s finances. Most financial exploitation goes under-reported.

The prevention methods

Thankfully, you can prevent your aging parent from becoming a victim of abuse. Encourage your loved one to understand her or his legal rights and take care or her or his health. Estate planning helps prevent financial abuse, as does occasionally reviewing one’s will. Staying engaged with friends and family prevents isolation.

Categories
motor vehicle accidents

Motor vehicle accidents rising in Tennessee as holidays approach

Even with the current national health crisis, people are still taking to the roadways in Tennessee and across the United States. There are fundamentals that people should adhere to so they can be safe as they go back and forth. That includes paying attention to the road, driving sober, wearing a seatbelt and adhering to speed limits. Unfortunately, many people do not follow these safety requirements and place themselves and others in jeopardy. Those who have been injured or lost a loved one in a collision should be cognizant of the necessary steps to receiving compensation in a legal filing.

Auto accident deaths in Tennessee in 2020 ahead of the 2019 pace

Statistically, there has been a troubling rise in road fatalities across the state. This, combined with holiday travel, can be a challenge even if it is slightly reduced by the pandemic. According to the Tennessee Department of Safety and Homeland Security, the most recent numbers show there have been 1,073 deaths on state roads thus far in 2020. This is 79 more than there were at the same time in 2019.

As the holiday season approaches, people are still planning to drive even with restrictions and warnings from legislators and agencies. One in three people say they are going to drive 500 miles during Thanksgiving week. Pedestrians have been particularly vulnerable with 28 more fatalities in the state from 131 to 159. On a positive note, teens and people 65 and older have had a reduction in traffic deaths.

Medical costs, lost income and other problems may accompany an auto accident

When combining inherent road risks with the holiday season in which traffic will likely be heavy, crashes with injuries and fatalities can happen. Those who are injured may incur major medical costs, problems getting back to work, long-term damage and personal, emotional and financial obstacles. When there is a fatality, the situation will undoubtedly be more complicated. To recover compensation, it is imperative to gather evidence and determine the cause of the accident. A firm with experience in motor vehicle accidents may be of assistance when considering a claim.

 

Categories
Injuries

Should you sue after a slip and fall accident?

Even the most careful people can slip and fall in a public place if its premises are poorly maintained. If this happened to you, you may have sustained serious injuries from your accident. You will likely need to collect compensation in this case, yet you may be unsure whether to file a claim or a lawsuit. Before moving forward, it is important to understand the difference between the two, as well as when a lawsuit is appropriate recourse.

The difference between claims and lawsuits

Many people treat “claim” and “lawsuit” as interchangeable words. Yet, these refer to two different actions. If you file a claim against a negligent party, you are seeking compensation through their insurance company. Your claim will resolve out of court and may require negotiation to reach an appropriate settlement. If you file a personal injury lawsuit against a negligent party, it means that you failed to reach an appropriate settlement through your claim, and that you must resolve your dispute in court.

When filing a lawsuit is appropriate

You may want to file a personal injury lawsuit after a slip and fall accident if you have no luck settling your claim for an appropriate sum. For your lawsuit to have merit, though, you must prove that the property owner’s negligence led to your injuries. You will need to show that:

  • A dangerous condition existed on the property
  • The property owner knew about the dangerous condition and failed to correct it
  • Your injuries were caused by the property owner’s negligence

If you file a lawsuit after your slip and fall accident, keep in mind that you must proceed within the timeframe set forth by Tennessee’s statute of limitations. For personal injury cases, you have one year from the date of your accident to do so.

After a slip and fall accident, it is possible you will incur expenses and losses well beyond what you expected. If you cannot reach an insurance settlement that covers these, you may need to file a lawsuit. A personal injury attorney can help you fight for compensation that is appropriate for your circumstances.

Categories
motor vehicle accidents

Driver sees two traffic citations in the same day

Nobody likes getting a ticket, but getting two in one day may have an even more drastic effect on a person’s mood and future as a driver.

As WVLT News reports, a serious crash in Knoxville involved a woman that authorities cited for speeding earlier that day.

From ticket to ticket

A driver on Highway 68 stopped and attempted to make a left turn onto Rhyne Road when another driver failed to stop and struck from the rear. Law enforcement identified the driver that failed to stop as a 77-year-old that authorities ticketed earlier for going 89 mph in a 50 mph zone a quarter-mile away from the accident.

The passenger in the stopped vehicle received injuries from the accident, while the 77-year-old continued to travel into the path of a tractor-trailer.

It is unknown whether the ticketed driver or the driver of the tractor trailer received injuries. The 77-year-old reportedly received a second ticket after the crash, but it is unknown what details the ticket involved.

From incident to resolution

Accidents like this leave people injured and questions unanswered and each person involved may have a long, legal road ahead of them. Insurance companies do not simply hand over what a victim deserves and authorities do not casually excuse tickets. It is up to individuals and families to work through the necessary process.

Whether a person seeks compensation for injuries sustained or contests multiple citations in order to reduce the long-term consequences on their future of driving, this car crash affected everyone involved and each should fight for the best possible results.