Malman Law http://www.malmanlaw.com Mon, 31 Aug 2015 05:17:40 +0000 en-US hourly 1 What are the Risks of Incorrect Due Dates for Pregnant Women? http://www.malmanlaw.com/Malman-Law-Injury-Blog/what-are-the-risks-of-incorrect-due-dates-for-pregnant-women/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/what-are-the-risks-of-incorrect-due-dates-for-pregnant-women/#comments Mon, 10 Aug 2015 08:00:29 +0000 http://www.malmanlaw.com/?p=6369 Pregnancy is an exciting time for expectant mothers and fathers. While the expectant parents must wait nine months to meet their child, they are given a due date to look forward to. However, determining due dates is not an exact science. While a few days too late or too early do not automatically put a … Continue reading What are the Risks of Incorrect Due Dates for Pregnant Women?

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Chicago Medical Malpractice Attorney - Malman LawPregnancy is an exciting time for expectant mothers and fathers. While the expectant parents must wait nine months to meet their child, they are given a due date to look forward to. However, determining due dates is not an exact science. While a few days too late or too early do not automatically put a pregnant woman at risk, gross under- or over-estimations of the due date can.

How is a Due Date Calculated?

It is important that expectant parents and health professionals have an approximate due date, since numerous decisions are based upon that date. The baby’s estimated due date is never 100 percent accurate because most women are unaware of the exact date they conceived. Therefore, physicians must use one of two methods for determining a woman’s due date:

  1. Date of the Last Menstrual Period – Every woman is different, but a pregnancy is considered to last a total of 40 weeks. Therefore, the starting date of the 40 week period is on the woman’s first day of her last menstrual period. This is an estimate based on the woman’s menstruation cycle, but some women do not have the standard 28-day cycle; therefore, using the first day of the last menstrual period can still put a due date a few days too soon or too late.
  2. Ultrasound Scans – Today’s ultrasounds can more accurately determine a woman’s due date. Based on the measurements taken in the first trimester, a physician can make an educated determination of when the woman is due. Ultrasounds are sometimes used to adjust due dates, especially for women with irregular menstrual cycles.

The Risks Associated with Incorrect Due Dates

While not all incorrect due dates result in injuries to the mother or child, there are times the incorrect estimates can cause serious injury or death. Some risks associated with incorrect due dates include:

  • The placenta may gradually slow down or stop working altogether – especially once the baby is past their 40 week period. Once the placenta stops working, the baby does not receive nutrients or oxygen as they should, which puts it at serious risk for injury or death.
  • Infections can develop inside the womb the longer the mother is over the 40 week period, especially if the mother’s water (amniotic fluid) has been slowly leaking.
  • During labor, unexpected issues may arise, such as a baby that is too large. This will lead to an emergency C-section, which can result in serious injury or even death for mother or baby.
  • The risk for stillborn increases if a baby is three to four weeks past the due date. If the physician has underestimated the woman’s due date, the baby could go too far past due.
  • The baby could be born too early. A baby is not considered full-term until 39 weeks; however, babies have a better chance of survival and fewer complications if they are at least 37 weeks. When a baby is born before the 37 week mark, there is a higher risk for complications.

Did You or Your Child Suffer Unnecessary Injuries from Incorrect Due Dates?

If a physician grossly underestimates or overestimates a due date and does not take reasonable precautions to accurately determine the baby’s gestational age, they may be liable for any injuries that occur because of it. Call Malman Law today at 888-625-6265 to discuss your potential medical malpractice case, or fill out an online contact form and an attorney will be in contact with you soon.

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Can You Get Workers’ Compensation for Food Poisoning? http://www.malmanlaw.com/Malman-Law-Injury-Blog/can-you-get-workers-compensation-for-food-poisoning/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/can-you-get-workers-compensation-for-food-poisoning/#comments Thu, 06 Aug 2015 08:00:16 +0000 http://www.malmanlaw.com/?p=6365 In Illinois, an employee is liable for any injury an employee sustains during the course of their employment. Workers’ compensation laws strictly state that any illness or injury that occurs during an employee’s duties could make the employee eligible to collect workers’ compensation benefits. However, when an employee gets food poisoning, proving eligibility becomes much … Continue reading Can You Get Workers’ Compensation for Food Poisoning?

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Chicago Workers Compensation Attorneys - Malman LawIn Illinois, an employee is liable for any injury an employee sustains during the course of their employment. Workers’ compensation laws strictly state that any illness or injury that occurs during an employee’s duties could make the employee eligible to collect workers’ compensation benefits. However, when an employee gets food poisoning, proving eligibility becomes much more complex.

Food Poisoning and Workers’ Compensation

To qualify for workers’ compensation benefits, the employee must have a work-related injury. If they can show that the food poisoning occurred during a work-related activity, then they may qualify for benefits. This is, however, extremely difficult to prove. Unlike with physical injuries, proving food poisoning is not as straightforward. However, an employee may qualify for benefits if one or more of the following is true:

  • The employer supplied the food to their employees. If the employer provided the food to their employees as part of their job or wages, and the employee gets sick from that food, the employee may then qualify for workers’ compensation. However, if the employee brought food from home and suffered from food poisoning, it is not directly related to work.
  • The food was sold in a cafeteria for employees only. If a cafeteria is intended strictly for employee use – and not open to the public – then any food poisoning that occurs in that cafeteria can be considered a work-related illness.
  • The employee ate the food, which benefited the employer. Sometimes an employee is required to eat as part of their job, as is the case for wine tasters, food critics, and restaurant chefs. If the employee became ill after eating contaminated food and they were required to eat that food as part of their employment, they are eligible for workers’ compensation benefits.

Lunch Breaks Do Not Apply

If an employee purchased food during their official food break and they suffered from food poisoning, they are not eligible for workers’ compensation benefits because this break was not work-related.

An Attorney Can Assist You With a Workers’ Compensation Claim

If you have suffered from food poisoning and you think you are eligible for workers’ compensation, contact an attorney at Malman Law today. We can assess your case and help you determine the right course of action. Even if you do not qualify for workers’ compensation, you may have a valid personal injury claim against the company that prepared and sold the food. Call us at 888-625-6265 to schedule your free consultation, or fill out an online contact form and an attorney will be in touch with you shortly.

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5 Important Things Your Attorney Must Know About Your Personal Injury Case http://www.malmanlaw.com/Malman-Law-Injury-Blog/5-important-things-your-attorney-must-know-about-your-personal-injury-case/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/5-important-things-your-attorney-must-know-about-your-personal-injury-case/#comments Mon, 03 Aug 2015 08:00:37 +0000 http://www.malmanlaw.com/?p=6361 Personal injury lawsuits are inherently complex. This is why individuals who are injured will turn to the expertise and guidance of a personal injury attorney. An attorney can gather key pieces of information to help build a case and win their client the compensation they deserve. However, while an attorney is extremely helpful in a … Continue reading 5 Important Things Your Attorney Must Know About Your Personal Injury Case

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consult with a personal injury lawyerPersonal injury lawsuits are inherently complex. This is why individuals who are injured will turn to the expertise and guidance of a personal injury attorney. An attorney can gather key pieces of information to help build a case and win their client the compensation they deserve.

However, while an attorney is extremely helpful in a personal injury claim, they are only as effective as the information provided to them by the plaintiff. It is important that injured parties share all of the details regarding their claim with their attorney. Even information that may not seem relevant can affect a lawyer’s strategy.

5 Things to Tell Your Personal Injury Attorney

These five key pieces of information should be presented to an attorney at the initial consultation. This information helps the attorney not only create a strategy, but determine if there is a viable case.

  1. Previous Injuries – Most people neglect to tell their attorney about past injuries because they are worried it will affect their case. However, hiding previous injuries or accidents can actually make proving the existing claim more difficult, and the insurance company will have a valid reason to deny the plaintiff’s claim. An attorney must know about any previous injuries or accidents so they can specifically prove that the latest injury is not directly related to previously existing injuries.
  2. When the Injury Happened – The date and time the injury occurred is important. Because there is a strict statute of limitations for Tort claims, an attorney must verify that the statute of limitations has not run out. Also, having the exact date and time will help the attorney gather evidence.
  3. Contact – If the other party’s insurance or an attorney has already contacted the plaintiff, the attorney needs to know. This could be considered an admission of fault, which will make it easier for the attorney to prove their case.
  4. Bankruptcy – If a plaintiff is in the process of filing bankruptcy or plans to file in the future, their lawsuit settlement could become part of their estate – which means the money will go to creditors instead of the plaintiff. Most plaintiffs are in dire financial situations by the time they contact an attorney; therefore, it is not uncommon for one to contemplate bankruptcy. By telling a personal injury attorney about a pending bankruptcy, the personal injury attorney can work with the bankruptcy attorney to secure a portion of the settlement, keeping it away from the creditors.
  5. Additional Injuries – Just like previous injuries, if the plaintiff has suffered from injuries after the accident, they must tell their attorney. Opposing counsel can use the additional injuries to claim the plaintiff is trying to secure compensation, and the personal injury attorney must be prepared to dispute this.

Injured? Contact a Personal Injury Attorney at Malman Law

If you or a loved one was injured, contact a personal injury attorney at Malman Law. We can help you explore your options for receiving compensation. Schedule a free consultation by dialing 888-625-6265 or by filling out an online contact form.

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Injured by Fireworks – Can I Sue? http://www.malmanlaw.com/Malman-Law-Injury-Blog/injured-by-fireworks-can-i-sue/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/injured-by-fireworks-can-i-sue/#comments Thu, 30 Jul 2015 08:00:18 +0000 http://www.malmanlaw.com/?p=6355 Fourth of July celebrations rarely occur without fireworks. However, the majority of those lighting fireworks for part of the celebration do not use basic safety precautions while doing so, which can lead to serious injury. According to the National Fire Protection Association, thousands of people every summer – typically children and teens – are injured … Continue reading Injured by Fireworks – Can I Sue?

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Burn injuryFourth of July celebrations rarely occur without fireworks. However, the majority of those lighting fireworks for part of the celebration do not use basic safety precautions while doing so, which can lead to serious injury. According to the National Fire Protection Association, thousands of people every summer – typically children and teens – are injured while using fireworks. That is because most individuals do not understand the risks inherent to the celebratory mini-bombs, including devastating burns, household fires, and even death.

The Numbers

The NFPA reports that, in 2013, hospital emergency rooms in the U.S. treated 11,400 people for firework-related injuries. It was estimated that 55 percent of those injuries were to the extremities (arms, hands, and legs), while 38 percent were to the head. On the 4th of July, two out of five fires that are started are due to fireworks – more than any other single cause of fire in the country.

These numbers alone prove the severe risks of using fireworks. When firework use is paired with irresponsibility or even the influence of alcohol, serious injuries can easily occur.

Negligence and the Use of Fireworks

Most firework injuries are caused by negligence. An innocent bystander or individual watching the fireworks can easily be injured if the person lighting the fireworks is acting negligently. If negligence is the cause, the injured party does have a potential personal injury lawsuit. In order to proceed with that lawsuit, the injured party would have to prove the following:

  1. The individual lighting the fireworks had a duty to act responsibly – such as following safety procedures while handling fireworks.
  2. The individual breached that duty.
  3. Someone was injured.
  4. The injured party was injured due to negligence.

Firework Injuries May be Product Liability Claims

Sometimes there is no one acting irresponsibly at the time of the injury; instead, the firework product itself was defective. In these cases, the company that manufactured the firework and/or the company that sold the firework could be held liable for any injuries caused by the unsafe products.

Because fireworks are inherently dangerous, the injured party would need to prove that the manufacturer knowingly sold a defective firework or acted carelessly when they designed their firework product. Because it is difficult to prove which point in the supply chain caused the defect, the injured party may need to file a strict liability claim, which shows that the firework was unreasonably dangerous and, therefore, caused unnecessary injuries.

Contact an Attorney Regarding Your Firework Injury

If you have suffered from serious burns or other injuries this holiday from fireworks – whether due to a product defect or someone’s negligence – you may be entitled to compensation for your injuries. Contact Malman Law today for a free consultation regarding your injury claim. Schedule your appointment at 888-625-6265 or ask an attorney a question online by filling out an online contact form.

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Grilling Safety: Tips for Avoiding Injury at Your Next BBQ http://www.malmanlaw.com/Malman-Law-Injury-Blog/grilling-safety-tips-for-avoiding-injury-at-your-next-bbq/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/grilling-safety-tips-for-avoiding-injury-at-your-next-bbq/#comments Mon, 27 Jul 2015 08:00:19 +0000 http://www.malmanlaw.com/?p=6351 Summertime means longer days and more time outdoors to spend with family and friends. It is also BBQ season, which means more homeowners will be firing up their gas, propane, and charcoal grills. Unfortunately, grilling season is also one of the busiest seasons for injury. From burns to smoke inhalation, grills pose a safety hazard … Continue reading Grilling Safety: Tips for Avoiding Injury at Your Next BBQ

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Burn injuries - Malman LawSummertime means longer days and more time outdoors to spend with family and friends. It is also BBQ season, which means more homeowners will be firing up their gas, propane, and charcoal grills. Unfortunately, grilling season is also one of the busiest seasons for injury. From burns to smoke inhalation, grills pose a safety hazard to homeowners and their guests. Whether you are a host or attending someone else’s BBQ, you can still enjoy this American tradition while taking steps to avoid serious injuries.

Tips for a Safe BBQ

  • Know the Grill – Not all grills are the same. It is important to read the owner’s’ manual and follow all safety guidelines before using the grill. If using someone else’s grill, ask how to properly operate it before firing it up. Also, always inspect a grill’s components before using it, especially if it has sat unused for several months.
  • Keep Children and Pets Away – Children and pets should never be near a grill. All it takes is a split second for a child or pet to receive a third-degree burn. If children are playing outside while the grill is on, designate a play area and have an adult supervising to ensure children do not get close to the grill.
  • Control Grease – Grease is a common cause for grill flare-ups and fires. As grease builds up from fat drippings, it can quickly catch fire. A flare-up is a normal part of grilling, but the person operating the grill should have a bottle of water nearby to tame any flames. Cleaning the grease catch pan regularly and using leaner cuts of meat can cut back on grease build-up.
  • Grill in a Safe Location – Grills should be used outdoors in well-ventilated areas. The grill should be moved away from trees, houses, garages, and any flammable objects.
  • Inspect Propane Tanks and Lines – Propane tanks and lines can become clogged, so it is important to inspect the tank and hose line before each use to ensure the gas is flowing properly.
  • Light Charcoal Responsibly – Charcoal grills require starter fluid, but only use the proper type and amount (which is indicated in the owners manual). Store lighter fluid away from children and heat sources and never use starter fluid after coals have already been ignited.

Anyone using a BBQ grill should be on the lookout for safety hazards at all time. Injuries often occur because grill owners become comfortable with their grill and stop looking out for potential hazards. Nevertheless, burn injuries from improper grill use or safety procedures can lead to devastating, long-term injuries. For children, burns can be debilitating and traumatizing, even having lifelong effects. By following proper safety rules, grill owners and BBQ attendees can prevent this type of injury, enjoying their cookouts with peace of mind.

Have You Suffered from a Burn Injury? Contact Malman Law

Burn injuries, whether caused by a negligent individual or a defective product, often lead to permanent disfigurement. If you or a loved one has suffered from a burn, you may be entitled to compensation. Contact the attorneys at Malman Law today for a free case evaluation. We can assess the details of your case and help you explore your legal options. Call us at 888-625-6265 or fill out an online contact form to schedule your appointment.

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Document Checklist for Medical Malpractice Claims http://www.malmanlaw.com/Malman-Law-Injury-Blog/document-checklist-for-medical-malpractice-claims/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/document-checklist-for-medical-malpractice-claims/#comments Thu, 23 Jul 2015 08:00:27 +0000 http://www.malmanlaw.com/?p=6345 When a patient is injured due to the negligence of their physician or another healthcare professional, they may seek out an attorney to file a medical malpractice claim. An attorney will conduct a case evaluation to assess the validity of the claim and determine if it is worth pursuing. To make the consultation appointment more … Continue reading Document Checklist for Medical Malpractice Claims

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Chicago Medical Malpractice LawyersWhen a patient is injured due to the negligence of their physician or another healthcare professional, they may seek out an attorney to file a medical malpractice claim. An attorney will conduct a case evaluation to assess the validity of the claim and determine if it is worth pursuing. To make the consultation appointment more efficient, the victim should bring several documents to the appointment for the attorney to review. These documents will help prove that an injury occurred and, hopefully, also prove that the medical professional acted negligently.

Medical Records

Medical records are the most important documents to bring to a consultation. In order to sue for medical malpractice, a patient must prove that there was an injury. Medical records will tell an attorney any procedures or diagnostic tests that were performed as well as who performed them. The notes in those records by doctors and nurses will highlight any missed steps in standard medical procedure as well as any violations by the medical professional.

Prescription Medications

Sometimes the injury is not with the doctor’s actions, but instead with the medication they prescribed. Whether it is improper dosage or dangerous interactions, prescription medication records can highlight the error, giving your attorney more evidence to substantiate your claims.

Medical Bills

Medical bills should never be thrown away. These bills can show the out-of-pocket expenses a patient encounters because of the medical professional’s errors. Whether it is paying for unnecessary testing or additional treatments that are required because of a delayed diagnosis, these costs are critical for determining a patient’s compensation.

Insurance

The patient must also bring documents regarding health insurance coverage. This can also help establish costs and eligible damages based on what insurers paid on behalf of the patient.

Proof of Lost Wages

If a medical error forces a patient to miss work, bringing proof of those lost wages can also help determine compensation. This can be done by bringing pay stubs showing what the patient would have made had they been to work or by providing a statement from their employer showing the amount of hours each week the employee would have worked and their expected wages for that missed time.

What If Documents are Missing?

If a patient is missing any or all of these documents, an attorney may still be able to proceed with a medical malpractice claim. However, the process of filing the claim may be delayed while the attorney requests medical records, insurance statements, and previous billing statements from hospitals in order to build the case. By providing as much documentation as possible at the initial consultation, a victim can expedite the claim and decrease the amount of time they have to wait for compensation.

Malman Law – Medical Malpractice Attorneys

Medical malpractice is becoming increasingly common in the United States. Whether you have suffered from an injury due to a physician’s negligence or another healthcare professional, you may be eligible for compensation. Medical professionals have a duty of care to their patients and when they fail to provide that level of care, serious injuries and losses can occur. Contact the attorneys at Malman Law today for a free consultation regarding your medical malpractice case. Call us at 888-625-6265 or fill out an online contact form to get started.

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Does Workers’ Compensation Cover Anxiety? http://www.malmanlaw.com/Malman-Law-Injury-Blog/does-workers-compensation-cover-anxiety/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/does-workers-compensation-cover-anxiety/#comments Mon, 20 Jul 2015 08:00:03 +0000 http://www.malmanlaw.com/?p=6341 Workers’ compensation covers any illness or injury that is the result of job-related duties. When an employee is physically injured or suffers from a work-related disease, it is easy to determine their eligibility. However, what if an employee suffers from job-related stress or develops an anxiety disorder because of their job? Determining eligibility for anxiety … Continue reading Does Workers’ Compensation Cover Anxiety?

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Malman Law - Chicago Workers Compensation AttorneysWorkers’ compensation covers any illness or injury that is the result of job-related duties. When an employee is physically injured or suffers from a work-related disease, it is easy to determine their eligibility. However, what if an employee suffers from job-related stress or develops an anxiety disorder because of their job? Determining eligibility for anxiety is more complicated, especially if the employee has a history of anxiety.

A stress-related claim can be valid under Illinois workers’ compensation laws; however, proving the case will be difficult – and stressful – for the employee. For complex claims such as these, the employee should always seek counsel from an Illinois workers’ compensation attorney.

The Issue With Stress-Related Claims

Stress-based workers’ compensation claims are not dealt with in the same manner as the typical workplace injury. Unlike a back injury or broken bone, stress claims are psychological, not seen in an x-ray or MRI scan. Hence, stress-related claims require the employee to meet a higher standard of proof when filing their claim, because they are easily refuted by the employer’s insurer.

Stress and the Individual

Stress is a personal psychological condition. Regardless of the job, there are various levels of stress, and every individual has their own threshold for stress. Because stress is a natural reaction that everyone experiences from time to time, suffering from work-related stress does not automatically constitute a valid workers’ compensation claim.

The mental distress must be severe, such as causing an emotional breakdown or even physical manifestations. If this is the case, and the stress becomes a permanent impairment for the employee, they may be eligible for workers’ compensation.

Sudden Anxiety or Post-Traumatic Stress Disorder

In Illinois, suffering from day-to-day, work-related stress does not automatically grant an employee workers’ compensation benefits. If, however, the employee suffers from an event that causes sudden, unexpected stress – such as a traumatic event – that employee could be eligible for benefits.

For example, if an employee is attacked while making a delivery for work and suffers from mild post-traumatic stress disorder. Because the employee was performing within the normal duties of the job at the time of the attack, they may be able to collect workers’ compensation.

Consult with an Attorney

Employees should never assume they do not have a valid workers’ compensation claim. If an employee is suffering from work-related stress, anxiety disorder, or post-traumatic stress disorder, they should first seek a mental health professional who can properly diagnose their condition. Then, the employee should seek counsel from an Illinois workers’ compensation attorney for a case evaluation.

The attorneys at Malman Law can review your workers’ compensation claim for free. If you have work-related stress, do not assume that you will not qualify for benefits. Our team can assess your case and help you determine if you have a valid claim. Call us at 888-625-6265 to get started on your case, or fill out an online contact form to schedule your consultation.

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How a Cellphone Can Help After an Accident http://www.malmanlaw.com/Malman-Law-Injury-Blog/how-a-cellphone-can-help-after-an-accident/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/how-a-cellphone-can-help-after-an-accident/#comments Wed, 15 Jul 2015 08:00:39 +0000 http://www.malmanlaw.com/?p=6336 Cell phones do more for their owners than simply keep them in touch with loved ones and the rest of the world. In fact, this form of technology can actually improve an accident victim’s chance of compensation in a claim. While talking or texting on a phone is prohibited while operating a vehicle, after an … Continue reading How a Cellphone Can Help After an Accident

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cell phone after an accidentCell phones do more for their owners than simply keep them in touch with loved ones and the rest of the world. In fact, this form of technology can actually improve an accident victim’s chance of compensation in a claim. While talking or texting on a phone is prohibited while operating a vehicle, after an accident has occurred cell phone owners should turn to their cell phones to document evidence from their accident.

Four Ways a Cellphone Can Help After an Accident

Car accidents can easily disorient drivers and their passengers. Due to the emotional trauma, it is not uncommon for an accident victim to forget details, write down information incorrectly, or even forget how the accident occurred. A cell phone can help victims avoid these common issues and preserve necessary evidence for their insurance and third-party liability claims.

Just some examples of how a cell phone can help include:

  • Contacting Emergency Personnel – You can use your cell phone to call 911 in the event there are serious injuries from the accident. Even if there are no serious injuries, you can use your cell phone to contact the local police so that you may file an official police report.
  • Photographs – Your cellphone can take photographs of the accident scene, including vehicle damage, witnesses, the driver of the other vehicle, and any pertinent details at the scene.
  • Videos – Use your cellphone to quickly take a video of the accident scene, as well as of any statements made by the other party to the police, yourself, or your passengers. If you are talking to witnesses, ask if you can video tape them. Video is much more powerful in an insurance claim than photographs – especially when it catches the other driver admitting fault at the scene.
  • Recording – It is unlikely that you will remember the details of the accident entirely the next day, much less a few days later. To prevent forgetting any details, use the voice recorder on your cell phone to take your own statement. You can also use it to record witness statements as well as what is said by the other driver.

Use Your Cellphone Properly

While your cellphone can be the most effective way of documenting the accident, you must be cautious when using it. Let witnesses and the other driver know you are recording them. Also, make sure the date and time on your cell phone are accurate and correspond with the date and time listed on the police report. Small inaccuracies can create delays in your insurance claim.

Most importantly, take the information you collect on your cell phone to your auto accident attorney. An attorney can help you sort out the details of your case and assess your claim. If you have a valid claim, your attorney will be able to use the information you have collected to ensure you get the compensation you deserve.

If you have been injured in an auto accident, take the information you collect to Malman Law. Contact us 24 hours a day at 888-625-6265 for a free consultation, or fill out an online contact form.

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Common Signs of Emotional Abuse in Nursing Homes http://www.malmanlaw.com/Malman-Law-Injury-Blog/common-signs-of-emotional-abuse-in-nursing-homes/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/common-signs-of-emotional-abuse-in-nursing-homes/#comments Fri, 10 Jul 2015 13:00:21 +0000 http://www.malmanlaw.com/?p=4271 The decision to place a loved one in an elder care or nursing home facility is extremely emotional and challenging for many people. Family members hope for the smoothest adjustment possible, facilitated by caring and knowledgeable medical professionals. Most nursing homes and their staff have the best interests of residents in mind at all times. … Continue reading Common Signs of Emotional Abuse in Nursing Homes

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nursing home abuseThe decision to place a loved one in an elder care or nursing home facility is extremely emotional and challenging for many people. Family members hope for the smoothest adjustment possible, facilitated by caring and knowledgeable medical professionals. Most nursing homes and their staff have the best interests of residents in mind at all times.  However, exceptions definitely exist. Emotional abuse, also known as “elder psychological abuse,” is an unfortunate reality. Nurses, nursing assistants, doctors, volunteers, and other elder care employees are in a position of power with regard to elderly patients and residents. Most will use that power in a caring, helpful way. Those who do not should be prosecuted to the fullest extent of the law. If someone you care about resides in an elder care facility, it is important to understand the common signs of emotional abuse.

Different Kinds of Emotional Abuse

Non-verbal abuse includes repeated isolation from social activities and being ignored on a consistent and intentional basis. Many elder care residents have difficulty walking. Neglecting to assist with daily living needs like going to the bathroom, bathing, or eating is another kind of non-verbal abuse. Being ignored may result in depression, weight loss, and other health issues.

Types of verbal elder abuse include humiliation and blame. A caretaker may threaten to hurt a resident, yell, or act in an aggressive manner. This kind of intimidation causes fear, shame, and hopelessness, contributing to an unhealthy power dynamic. Demeaning behavior and scapegoating are other forms of verbal abuse. Residents diagnosed with dementia or Alzheimer’s may be targeted by abusers. Reports of abuse may be disregarded as confusion triggered by the disease, allowing abusive behavior to go unnoticed.

What to Look For

If you are concerned that your loved one may be suffering from elder emotional abuse, there are certain clues to look for. In cases of neglect, you may notice a lack of cleanliness. Observe the state of fingernails and hair hygiene. Are the sheets clean? What is the state of the bathroom? Notice changes in toiletry supplies. Has the soap and shampoo been used regularly? Is there drinking water consistently available? Lack of these necessities may demonstrate a level of inattention that could lead to serious health issues and depression.

Certain behaviors serve as indicators that an environment is unhealthy. If your loved one exhibits any of the following signs, further investigation is recommended:

  • Uncharacteristically reserved, withdrawn, quiet, or depressed
  • Avoids eye contact
  • Uncomfortable or fearful of answering questions, indicating intimidation from abuser has been established
  • Exhibits a sense of hopelessness
  • Uncharacteristically violent towards others or him or herself
  • Abnormal mood swings
  • Sudden changes in eating habits
  • Sleeping more or less than normal

Malman Law – Elder Care Attorneys

Discovering that a loved one may be the victim of emotional abuse or neglect is an agonizing situation. Attorney Steven J. Malman has extensive experience with cases involving elder care facilities. He is committed to creating safe, healthy environments for our older community. At Malman Law, our skilled, compassionate legal team will fight for your loved one’s fundamental rights. Contact us today.

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The Dangers of Drowsy Driving http://www.malmanlaw.com/Malman-Law-Injury-Blog/the-dangers-of-drowsy-driving/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/the-dangers-of-drowsy-driving/#comments Fri, 03 Jul 2015 13:00:35 +0000 http://www.malmanlaw.com/?p=4264 Drowsy driving is often referred to as “the third D” in the top three causes of automobile accidents. Drunk driving and distracted driving can be legally determined by certain clues. A Breathalyzer or sobriety test can alert law enforcement to intoxicated driving, and a badly timed text message or cell phone call can indicate distracted … Continue reading The Dangers of Drowsy Driving

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drowsy drivingDrowsy driving is often referred to as “the third D” in the top three causes of automobile accidents. Drunk driving and distracted driving can be legally determined by certain clues. A Breathalyzer or sobriety test can alert law enforcement to intoxicated driving, and a badly timed text message or cell phone call can indicate distracted driving. However, drowsy driving leaves more ambiguity with regard to legal proof. As accidents caused by driver fatigue become more common, federal and state governments are examining ways to prevent it, track it, and prosecute for it. Any injury or death in an accident involving a suspected drowsy driver is cause for legal investigation. As a citizen driving on Illinois highways, or as a victim injured in an accident, it is important to know the causes, symptoms, and legal consequences of driving while fatigued.

Legal Ramifications

Fatigue is a factor in up to 1.2 million car accidents annually. According to the National Transportation Safety Board, fatigue is responsible for 4,000 to 7,000 fatalities in the U.S. every year. States across the country are reconsidering the consequences for causing injury or death as a result of drowsy driving. The Chicago Tribune reported that if a driver has gone 24 hours without sleep in Arkansas, he or she may be charged with negligent homicide if involved in a fatal accident. In New Jersey, the same driver may be charged with reckless driving. Illinois is in the process of examining its stance on fatigued driving as well.

Different Causes of Fatigue

Many underlying factors can be categorized as fatigue. Disrupted stages of rapid eye movement (REM) can keep a person from the deeper level of sleep necessary to feel rested. Disorders causing sleep dysfunction are not always diagnosed or treated. Work schedules can interrupt natural circadian rhythms, particularly for second and third shift workers. Chronic sleep problems are common with new parents and college students. Medications may unknowingly react with other drugs or alcohol. Some drugs may cause drowsiness simply by their given nature.

Clues

While there are less ways to prove culpability than if driving while intoxicated, there are some definite clues to suggest that fatigue played a role in an accident. Experts and investigators train police officers to follow these clues in the wake of an accident. Lack of skid marks suggest that a driver did not try to avoid a collision, which may indicate that he or she may have been sleeping. If there is only one car involved in an accident, the possibility of a fatigued driving incident increases.

Signs and Symptoms

Fatigue affects the ability of the brain to function, as the body lacks much needed rest. The most obvious signs are delayed reaction time and impaired vision. Lights and peripheral objects tend to “play tricks” on fatigued drivers, particularly while driving in the dark. Lack of mental agility impairs reaction time. Difficulty processing and remembering information is another sign.

Malman Law – Chicago Car Accident Lawyers

The frequency of auto accidents in Illinois increases every year. If you have experienced lost wages, medical bills, and a compromised quality of life as the result of a fatigued driver, you have every right to seek compensation. At Malman Law, we understand the strain an accident can place on you and your family. Since 1994, we have worked diligently to bring our clients the financial and emotional relief they deserve. Contact us today for a free consultation.

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