Derek Hays LawFindLaw IM Template2024-03-12T16:55:41Zhttps://www.derekmhays.com/feed/atom/WordPress/wp-content/uploads/sites/1100618/2021/10/cropped-derek-fav-32x32.pngOn Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501952024-03-12T16:55:41Z2024-03-12T16:53:44ZLife is unpredictable. Passing away is a given. But it's crushing when a family member passes away. It becomes frustrating when it's cut short due to someone else's negligence on the operating table. That fact can leave families in turmoil.
This is when wrongful death claims come into play. In these cases, courts use life expectancy to decide compensation for families.
How it fits into two types of claims
When a wrongful death occurs in Georgia due to medical malpractice, certain parties—such as the surviving spouse, children, parents or the administrator of the deceased's estate—can bring forward two types of claims: the "full value of life" claim and the "estate" claim.For the "full value of life" claim, the court uses the deceased's life expectancy. This involves evaluating both the tangible (lost income, benefits, etc.) and intangible aspects (companionship, care, etc.). Intangible elements, though more difficult to measure, are just as essential.On the other hand, the "estate" claim covers things like the losses directly relating to the death, such as medical expenses, funeral costs and the pain and suffering of the deceased. Life expectancy can play a role here, too, as it can affect calculations for future losses.In short, the life expectancy calculation is crucial in determining potential compensation in wrongful death cases.
Dealing with the end
No amount of money can replace a loved one. But, at the very least, these compensation claims can give surviving family members much-needed financial help and relief. They can feel a sense of justice, even. When these claims are brought forward, it gives the families a chance to seek accountability and closure. Families coping with grief face not just financial stress but also legal challenges. These challenges include understanding life expectancy calculations and navigating the court system.Those going through such a situation should consider seeking an attorney. Grieving while seeking justice is tough. But with a legal professional, those seeking justice can find them.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501922024-02-28T11:20:38Z2024-02-28T11:20:08ZLiability when a child injures another child
Any number of situations exist where a child could cause harm to another. It could be the result of an accident, horseplay or a mean-spirited joke. Unfortunately, such mishaps may lead to severe injuries that require significant medical care. The hurt child could also experience trauma.
Georgia recognizes that children are still learning and does not hold them to the same standards as adults. In the eyes of the law, children who are four years old or younger are not capable of negligence. Negligence involves being careless and not taking reasonable steps to prevent harm to another person. It plays a role in determining liability.
As children grow older, the expectations evolve. Those old enough to understand danger must exercise care appropriate for their age. If your child sustains an injury after knowing the risks involved, the court could find them partially responsible for their injury.
When accidents involving minors happen, it is usually the parents who are liable. Additionally, if your child was injured under another adult’s care such as teachers or babysitters, you might be able to pursue a claim against them.
However, the court process can be hazy, especially without qualified legal knowledge.
When in doubt, seek help
Handling a personal injury lawsuit, especially one involving minors, may become more manageable with an experienced attorney by your side. Although you’d want to hold those responsible accountable immediately, there is still due process.
If you encounter obstacles or are unsure how to proceed, consider talking to a personal injury lawyer. They can give your case the attention it deserves.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501902024-02-14T09:39:29Z2024-02-14T09:39:29ZWhat an unclean home may lead to
Most situations are connected in some way. In this case, an unhygienic environment can lead to infestations and contamination and subsequently result in direct harm to residents. Here are some of the hazards associated with unsanitary conditions in nursing home facilities:
Infections: An unkept living environment can lead to the spread of infections, including respiratory infections, skin infections and more serious conditions like pneumonia or sepsis.
Diseases: Contagious diseases can spread rapidly in a nursing home if its administrators and staff do not maintain the premises and practice proper hygiene among residents regularly. These diseases include viral outbreaks like influenza or norovirus and bacterial outbreaks such as pneumonia.
Psychological effects: Living in an environment that is unclean can cause stress and anxiety in residents, who may worry about their health and safety. Moreover, a resident’s inability to control their living conditions can lead to feelings of helplessness and lack of power.
Hence, it is essential for nursing homes to practice strict cleaning protocols, hygiene practices and similar measures to minimize the risk of unsanitary conditions and protect the health and well-being of their residents.
What if the nursing home do not take measures?
If your loved one’s nursing home remains unsanitary despite raising the issue to its management, and it causes harm to your loved one, there are other remedies you can explore. This includes filing a complaint with local health authorities or holding the right people legally accountable. It is crucial to document your concern and if you must, consider seeking legal advice to uphold the safety and rights of your loved one.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501802024-02-07T08:22:04Z2024-02-06T15:32:49ZIn Georgia, you’ll encounter a variety of driving environments. One moment, you might be on a quiet country road; the next, you could be on a busy city street. This variety has a downside, though - a higher risk of car accidents. As a Georgia driver, knowing the laws that apply to these situations is crucial.
This includes understanding punitive damages which is a potential compensation after an accident.
The maximum damages you can claim
If you’re involved in a car accident, you can seek punitive damages. This applies if the court determines that the other party’s actions were negligent or intentional. These are in addition to any compensation you receive for medical expenses, lost wages or property damage. However, it’s crucial to understand that these damages have a limit.State laws cap punitive damages at $250,000. This means that, regardless of the defendant’s recklessness, the most you can receive in punitive damages is a quarter of a million dollars. This cap prevents excessive punishments and maintains fairness within the justice system.
The purpose of punitive damages
But why are punitive damages awarded at all? The purpose of punitive damages is two-fold. Firstly, courts use punitive damages to punish drivers at fault for reckless or intentional behavior. This financial penalty sends a clear message: such behavior is unacceptable under any circumstances.Secondly, punitive damages aim to discourage others from acting similarly. The financial impact of reckless actions often prompts people to reconsider their behavior. Through this, punitive damages help make Georgia’s roads safer for all.
What happens if you get into an accident
Car accidents are an unfortunate reality in Georgia. However, by understanding the laws related to car accidents and damages, you can ensure you get proper compensation if you’re ever a victim. In case of an accident, consider seeking a legal professional. They can guide you through Georgia’s legal process and work to secure the compensation you deserve.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501512024-01-19T20:17:19Z2024-01-19T20:17:19ZMultiple parties may have the right to file
Technically, there may be many different parties who experience financial hardship after someone's unexpected death, but generally, only one party can file a wrongful death lawsuit against eh individual or business responsible for causing the tragedy.
Depending on the circumstances at the time of someone's death, there may be several different people with the potential legal rights to pursue a wrongful death lawsuit after their passing. Often, adults with families who die unexpectedly have surviving spouses.
A surviving spouse can potentially initiate a wrongful death lawsuit to seek reimbursement for the full economic impact of someone's untimely passing. If someone does not have a spouse, then their surviving children could potentially initiate the lawsuit. When someone does not have a spouse or children, possibly because they were still relatively young, their parents can pursue a wrongful death lawsuit.
Otherwise, the personal representative of someone's estate maybe the party with the authority to initiate a wrongful death lawsuit in civil court on behalf of the estate. The proceeds of the lawsuit typically go directly to surviving family members.
Evaluating a situation to understand if litigation is an option may help people limit the economic impact of a loved one’s premature and preventable death.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501492024-01-19T14:00:28Z2024-01-19T14:00:28ZHow does inadequate training result in negligence?
When nursing home administrators fail to provide sufficient training, their staff members may:
Mishandle medical equipment
Improperly administer medications
Fail to respond to medical emergencies
Fail to recognize signs of distress in residents
Fail to identify and report signs of abuse or neglect
Fail to provide adequate personal care, such as assistance with feeding and bathing
Fail to follow proper procedures to prevent the spread of infections
Before leaving your loved one in the care of a nursing home, thoroughly inspect the facility and discuss with the administrators how they manage and operate the nursing home. Through this process, you can gauge whether they are capable to provide the care your loved one needs.
If you suspect that your loved one’s nursing home is providing them inadequate care due to poorly trained staff, there are options you can explore, such as reporting your concerns to the appropriate authorities, such as local health departments or regulatory agencies overseeing long-term care facilities. Legal action may also be an option if your loved one suffered injuries or death by nursing home negligence.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501472024-01-11T14:06:16Z2024-01-11T14:06:16ZBedsores: A sign of nursing home negligence
Bedsores, also known as pressure ulcers, occur when the skin is pressed against a surface for a prolonged period, cutting off blood flow in that area. Lack of circulation can cause the skin to break down and result in an open wound. Individuals who are bedridden or unable to change their position regularly are most susceptible to pressure ulcers.
Despite being common, bedsores are preventable. Professionals working in nursing homes know how crucial it is to reposition patients who are unable to do it themselves. Additionally, keeping patients hydrated and facilitating regular exercise assists in the prevention of bedsores.
The presence of bedsores may indicate that your loved one is not getting the care they need. Your quick action may play a crucial role in preventing the wound from worsening. A pressure ulcer, if left untreated, may become infected and, worse, fatal.
Mortality rate of bedsores among nursing home patients
Bedsores have four stages of progression. The longer they are left untreated, the worse and more painful they may become. As the bedsore develops further, it can turn into an open wound that becomes a gateway for bacterial infection. Patients at this point may suffer from complications such as gangrene, organ failure, sepsis or death.
Statistics surrounding bedsores may raise some alarms. Research estimates that at least 15% of nursing home residents may develop pressure ulcers during their lifetimes, and about one-third of those affected may face a fatal outcome.
Understanding the risks of bedsores is crucial for safeguarding the health of your loved one in a care facility. Upon discovering a bedsore or any ongoing health problem, raise your concerns to the staff. Your loved one might not be able to voice their discomfort, but you can advocate for their well-being.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501442023-12-29T10:29:32Z2023-12-29T10:29:32ZThe damage caused by TBIs can vary but significantly depends on the force involved in the collision. However, individuals can sustain moderate to severe TBIs even without excessive impact. These cases may lead to long-term symptoms and conditions, affecting patients and their cognitive abilities. Healing from these conditions can be arduous, involving diverse medical tests, treatments and rehabilitation.
Addressing the patient’s needs
Healthcare providers have protocols when recommending treatment plans to their patients. The same process goes for determining if they need rehabilitation. This type of medical care might only be necessary if the patient requires assistance to improve their lives by recovering any capabilities lost because of their TBI, such as relearning skills or restoring affected senses.The appropriate kind of rehabilitation may also vary from case to case. Sometimes, patients only need to attend sessions targeting specific issues or pain points. Meanwhile, severe cases might require round-the-clock care and rehabilitation, which can be more expensive based on the situation.
Limited financial resources can hinder recovery
Accessing rehabilitation can be a challenge on its own. These services can be pricey, especially if the patient requires special forms of rehabilitation to improve their condition. Sometimes, patients have no choice but to pursue compensation to afford rehabilitation and treatments while covering costs for their basic needs.
Depending on the circumstances, seeking legal counsel could be crucial if the patient intends to take legal action after the accident. Doing so can help determine appropriate options to hold at-fault parties accountable and recover fully.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501372023-12-12T17:31:50Z2023-12-12T17:31:50Z
Adjusting to a prosthesis can be profoundly difficult
The severity of prosthetic complications varies for each person. The following are some common struggles that injured parties living with a prosthetic arm or leg confront:
Physical: The phantom pain sensation can be cruel as it perceives discomfort in a body part that is no longer there. It typically mimics nerve pain, sending burning electric shocks.
Emotional: It can be challenging to embrace a new reality wherein a part of oneself is permanently gone. It can trigger mixed feelings of anxiety, anger, fear and loneliness. Limited mobility can be frustrating, while social stigma or public scrutiny prove to be discouraging. Further, adapting to and accepting a different body image or appearance can take some time.
Financial: Due to wear and tear, amputees must replace their prosthetic limbs every few years. This regular replacement process can be expensive to maintain. On top of that, bills for medical consultations, therapies and prescriptions can quickly pile up.
No one deserves to take on these problems alone. Thus, a solid support system comprised of families, friends, colleagues, support networks and health professionals can help endure significant obstacles.
Learning to live fully again is a process
While rehabilitation often lasts a lifetime, looking forward to a full life is still possible. It may not be a smooth journey, but amputees tend to be some of the most resilient survivors. They may also benefit from having a Georgia legal team who can assist in building their case and fighting for their rights to receive fair compensation. Doing so can help them pay for mounting expenses and return to the life they once had.]]>On Behalf of Derek Hays Lawhttps://www.derekmhays.com/?p=501312023-11-20T09:45:14Z2023-11-20T09:45:14ZConsider payment options for medical bills
Medical procedures and medications tend to be expensive. In worst cases, catastrophic injuries that require major operations and lifetime rehabilitation can have extra staggering prices.
Thus, affected parties must assess all possible courses of action to avoid draining their finances.
Personal insurance coverage: Injured individuals may check their existing insurance coverage. If they have health insurance or medical payments coverage, they may reimburse once there is a final settlement verdict. Further, uninsured and underinsured policies can protect policyholders by paying the bills when the liable driver flees the scene.
At-fault driver’s insurance policy: Georgia’s minimum auto liability insurance enables drivers to pay for damages resulting from collisions they caused. The amount may decrease if victims are partly to blame for the wreck per the state’s modified comparative fault rule.
Medical liens: For injured parties without insurance coverage or out-of-pocket capacity, they may come up with an agreement with their medical provider. They can negotiate to delay payments until such time that their claim reaches a decision.
The processing time for car crash claims differs based on the complexity of each case. When insurance companies fight to protect their profits, the process may become contentious and take anywhere from months to a couple of years.
A diligent approach can make all the difference
It will be wise for crash survivors to stay on top of their cases. However, this task is easier said than done, given their physical limitations. So, having a legal support system proves valuable. The team can work on paperwork and find proof to resolve the case as soon as possible. Doing so can also help recover the funds for the victims’ medical needs, which can also give them peace of mind from payment collectors.]]>