Shay & Associates Blog

5 Personal Injury Misconceptions That Can Impact Your Case

From car accidents and dog bites to assault or medical malpractice, several types of personal injury cases that negatively impact millions of Americans each year. If you’ve recently suffered a personal injury and are considering filing a lawsuit, then you might believe you have a strong idea of the process and potential outcomes.

Unfortunately, several misconceptions about personal injury cases can affect your lawsuit or your belief that you have grounds to file a lawsuit. This guide lists a few misconceptions and tries to correct them.

When Hospital-Acquired Staph Infections Are Grounds for Medical Malpractice Lawsuits

Staph infections are a common occurrence in hospitals, especially among surgical, immune-suppressed, or elderly patients who are at high risk of infection. The Centers for Disease Control and Prevention (CDC) reports that one in 25 hospitalized individuals develop an infection after a hospital stay.

Although a staph infection isn’t always preventable, it often is. Therefore, if you acquire a staph infection during a hospital stay, you may have grounds to file a medical malpractice suit against the doctor or hospital.

What to Do When You Suspect Nursing Home Abuse or Neglect

Assisted living facilities are supposed to be a place for your loved one to maintain his or her social life without sacrificing safety or essential medical care when he or she can no longer live alone. Unfortunately, not all staff members at retirement, assisted living, and nursing homes care for their patients as they should.

Failures in care or outright abuse of patients in these environments fall into the legal category of nursing home neglect or abuse. In our previous blog, “3 Signs of Nursing Home Neglect to Watch Out For,” we discussed some of the most common signs of neglect problems in an assisted living environment.

In this blog, we go into more detail about the types and prevalence nursing home abuse and provide you with a guide to the steps you can and should take when you suspect that your loved one is enduring neglect or abuse.

How to Keep Your Teenagers Safe on the Road

Teenagers learn to drive every day all across the country. They take driver’s education classes in high schools, community centers, and driving schools. Parents spend countless nervous hours in the passenger’s seat in cars trying to prepare teens to handle the open road on their own. The tests required for both a learning driver’s permit and a driver’s license are comprehensive.

Given all the preparation that goes into helping teen drivers thrive, it may seem safe to assume that teen drivers are being adequately prepared for all the inevitable challenges of driving in modern cities, towns and freeways. However, statistics show that American society has a serious problem on its hands when it comes to teen drivers.

Factors That Can Help You Win a Dog Bite Injury Lawsuit

The primary goal of a dog bite lawsuit is to prove liability for the injury. You or your attorney must convince the court that you did not provoke the dog in any way. Certain facts — such as whether or not the animal showed signs of threateningly aggressive behavior in the past — can help win your case. Read on to determine what information you should have during the litigation of a dog bite suit.

The Dog’s Temperament

Like people, dogs have different dispositions. However, while certain dog breeds are more aggressive than others, not all jurisdictions expect the victim to assume that they are at risk of being bitten if they interact with a particular dog breed.

Involved in an Accident With a Semi-Truck? What to Do Next

Semi-trucks are enormous and have much more momentum when driving than other vehicles. Consequently, when semi-trucks collide with cars, it can be disastrous. A good deal of the accidents involving a semi-truck result in at least one death. If you get in an accident with a semi, you know how much power the 18-wheeler possesses and how frightening and confusing the first few moments after the crash can be.

If you’ve been hurt by a semi-truck, you may have extensive injuries, not to mention the damage to your car. You’ll need financial compensation to cover your medical bills and time off to heal. Knowing exactly what to do after you get in an accident with a semi is critical to protect yourself and your financial future. Here are four steps you need to take if you are ever involved in an automobile accident with a semi-truck.

Wrongful Death: Frequently Asked Questions

Losing a loved one is painful no matter what the circumstances. However, if your loved one died because of another individual’s negligence, you might have the ability to file a lawsuit. Each state has its own wrongful death laws, and understanding the laws in your state and how they impact your case is critical.

Here are the answers to a few frequently asked questions you might have about wrongful death.

Do You Have a Case for Failure to Diagnose?

When you encounter new health symptoms, you may feel confused or nervous. In this situation, you rely on the expert medical knowledge of your primary care doctor, specialist physician, and other healthcare professionals to identify the issue you’re dealing with and recommend the appropriate treatment.

Unfortunately, the critical identification of a disease or condition does not always happen as it should. When a patient does not receive a diagnosis or receives an incorrect diagnosis, the situation is legally known as failure to diagnose.

In some cases, failure to diagnose is a simple mistake that can be corrected by secondary medical staff or tests. However, in other cases, negligence or incompetence on the part of a medical professional means that serious consequences result directly from that professional’s failure to diagnose an illness.

In these cases, the patient whose health, quality of life, ability to work, and prognosis suffered negative effects due to the failure to diagnose may have grounds for a medical malpractice suit. In this blog, we guide you through the primary criteria for personal injury claims of this type.

Why Workers’ Comp Claims Are Denied

After sustaining an injury on the job, workers can seek help through the workers’ compensation program. If approved for workers’ compensation benefits, you may receive payments to make up for your lost wages while you recover. Your medical bills relating to the injury may also be paid by the workers’ compensation claim.

Unfortunately, in some situations, your workers’ compensation benefits are initially turned down. If this happens to you, contact an experienced workers’ compensation attorney. Here are some reasons why your claim may be denied and some ways your attorney can help you.

Work-Related Injuries That Don’t Occur at Work

If you worry about being injured at work or developing a work-related illness, you might feel safer knowing that you’re covered under workers’ compensation insurance if something does happen while you’re at your job.

But what about when you’re injured doing something that’s related to your job outside of your workplace? If your health insurance company decides that your injury was a work-related injury, they may not cover it. Will workers’ compensation cover you? Take a look at what you need to know about work-related injuries that don’t happen in the workplace.

Shay & Associates Law Firm

With locations in Springfield and Decatur, we’re ready and waiting to fight for you. Reach out to us for a free consultation on your case.

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