Consumer Attorney Blog

August 17, 2022

How Social Media Can Hurt Your Personal Injury Claim?

Silence is golden. Or at least it probably should be when it comes to social media and personal injury claims. It may start out innocently. You were involved in a serious car accident and suffered severe injuries. You make some social media posts because your friends and family are worried about you, and you want to ease their concerns. Social media is increasingly becoming more of our mode of communication. However, relying so much on social media can cause harm to your personal injury claim if you aren’t careful because much of the information obtained is fair game. As soon as you were involved in your accident or event, you want to make sure that you don’t jeopardize your upcoming case or current one.

Confidentiality

You shouldn’t talk about your potential claim or your case and certainly should not disclose certain details with anyone except an attorney. With your lawyer, the things that you talk about are confidential, and protected under the attorney client privilege. However, you lose that privilege the moment that you post something online; it is now public information. The general public, including the other side, can now be privy to the following:

August 10, 2022

How Can I Find Out if a Nursing Home Has a History of Elder Abuse or Neglect?

By Walton Law, A.P.C.

The decision to entrust a loved one’s care to a nursing home or long-term care facility is never easy. Selecting the facility can be just as overwhelming as the initial decision itself. California has approximately 1,230 licensed long-term care nursing facilities that provide care for more than 400,000 patients each year – it’s no wonder selecting a single, high-quality facility can seem like trying to find a needle in a haystack. However, the federal government has provided a tool that can make it easier to avoid facilities that may create an unsafe environment for your loved one.

Nursing Home Compare Site

The federal Centers for Medicare and Medicaid Services (CMS) helps set standards across the nation for long-term care facilities and administer Medicaid and Medicaid payments. They host a website called Nursing Home Compare, which provides data that can help families research facilities and find out information to help them decide on the right place for themselves or their loved one. Currently, nursing homes receive an overall rating, which is determined by combining the results of three categories:

August 3, 2022

7 Warning Signs You Shouldn’t Ignore When it Comes to Your Elderly Loved One

By Walton Law, A.P.C.

It is no secret that many people have difficulty asking others for help. Elders living in Southern California are no different. Even though physical and mental capabilities may start to diminish with aging, it is still not easy for many seniors to let others know they are struggling.

That is why it is up to all of us to keep an eye on aging family members or friends. Here is a list of warning signs that a senior you love may need help from family members or professionals.

Abnormal or repeated phone calls If your grandmother, mother, father, or other elder family members begin making phone calls to you repeatedly, or at peculiar times of day, it may indicate confusion. It may also be a sign of memory loss, or could indicate that the elder is feeling lonely or depressed. If you notice these types of calls, try scheduling set calls with your loved one every day to see if they stick to those times and calls. If they don’t, it may be indicative of cognitive decline.

July 27, 2022

How to Spot Dementia in Elders

By Walton Law, A.P.C.

Dementia is described by the Alzheimer’s Association as “an overall term that describes a wide range of symptoms associated with a decline in memory or other thinking skills severe enough to reduce a person’s ability to perform everyday activities.” Indeed, there are a variety of types of dementia, depending upon the types of brain cells damaged, and where specifically that damage has occurred within the brain.

Regardless of the type of dementia an elder may have, it is important that symptoms are recognized as soon as possible in order to ensure the safety and wellbeing of your loved elder. Even if an elder is receiving care or assistance from a family member, in-home caregiver, or residing in a nursing home or skilled nursing facility, it is still vital to recognize symptoms of mental decline in elders. This is partly due to the fact that unfortunately, it is believed elders who suffer from some form of dementia are thought to be at greater risk for abuse or neglect than elders who do not have some form of dementia.

In fact, according to one research brief released by the NCEA, three different international studies have found that the rates of elder abuse for elders with dementia ranges from 34%-62%.

Symptoms that a loved elder in your life may be developing dementia include cognitive changes and psychological changes. Some of these changes may include:

*Memory loss/problems
*Trouble choosing the right words
*Disorientation or getting lost
*Challenges in planning/organizing
*Coordination or motor function difficulties
*Agitation or paranoia
*Inappropriate behavior
*Lack of proper personal care and poor nutrition/eating habits
*Difficulty sleeping
*Injuries/personal safety problems

If you believe that a loved elder in your life is beginning to show symptoms of dementia, it is important to take action, though it’s advisable to tread lightly, per the helpful website DementiaToday.net, which provides DementiaToday.net for how to talk to a loved elder about your concerns.

If you have reason to believe that a loved elder with dementia is being abused physically, financially, psychologically, or sexually, it is important that you report your suspicions to the proper authorities:

• The local Law Enforcement, including the Police, Sheriff, and District Attorney’s office. The San Diego County Sheriff’s Department can be reached at (858) 565-5200. The San Diego County District Attorney may be reached at (619) 531-4040.
• Long-Term Care Ombudsman Program provide a 24/7 Crisis Complaint Hotline at (800) 231-4024.
• Adult Protective Services (APS), in San Diego County, you may contact: San Diego County Aging and Independent Services (858) 495-5660.

You may also want to seek the advice of an experienced San Diego elder abuse attorney who can inform you and your loved one of your rights.
Continue reading

July 20, 2022

When Is a Pressure Ulcer the Result of Elderly Neglect?

By Walton Law, A.P.C.

One of the largest generations in American history is beginning to transition into the elderly stage of human life. In this stage, many people become less independent and, as a result, require assisted living and clinical care. As aging individuals become dependents, they tend to lose their mobility. Pressure ulcers are a direct result of the inability of a person to reposition their body unassisted. In nursing homes and hospitals, elderly people are too often neglected and the price they pay can be severe.

Pressure Ulcers and Their Stages

Pressure ulcers (often referred to as bedsores, decubitus ulcers, and pressure sores) are a form of breakdown of the skin caused by prolonged and unalleviated pressure, incontinence, dirty or untidy bedsheets, and more. Typically, they form in areas such as the heels, hips, buttocks, tailbone, shoulder blades, and elbows. They are categorized based on severity:

July 13, 2022

Preventing Elders from Falling Through a Healthy Diet

By Walton Law, A.P.C.

A diet made up of healthy foods is necessary to maintain health and well-being. It can also help reduce factors that can contribute to falls.

Some common conditions, which may lead to elders falling in a Southern California nursing home include:

Dehydration

July 6, 2022

Are You Required to Show Your Employer Proof of Disability?

By Walton Law, A.P.C.

The employment scenario: You have a disability and have requested certain accommodations at work. Your employer is now asking to see proof of your disability and/or asking for more specific details about your disability.

The question: Is an employer’s request for disability documentation legal?

The answer: Not necessarily.

June 29, 2022

Does Lane-Splitting Affect Recovery for My Motorcycle Accident?

By Walton Law, A.P.C.

Sitting in gridlock or being stop-and-go on freeways for hours is never a Southern Californian’s idea of fun; people try to avoid it whenever possible. For motorcyclists, that often includes moving between vehicles and splitting lanes. However, the practice often results in accidents, leading to injuries and/or fatalities. In fact, more than 400 motorcyclists lost their lives on California streets in the span of just a year according to the Governors Highway Safety Program. Motorists who strike a lane-splitting rider often argue the motorcyclist’s behavior was negligent and they, in fact, caused the collision; however, it’s not always the motorcyclist’s fault. A skilled Southern California personal injury attorney can often make the case the rider was not the cause of the collision.

Lane-Splitting Defined

Lane-splitting involves a motorcyclist riding between vehicles in different rows of traffic using their same lane. No state besides California specifically allows it. Proponents argue lane-splitting benefits riders in many ways, such as:

June 21, 2022

How to Deal with Workplace Retaliation

By Walton Law, A.P.C.

Although it may be difficult to do, employees have the right to say something when they believe that their employer has violated the law. If the employee has been harassed or mistreated, they should be able to voice their concerns about the employer’s wrongdoing without it impacting them negatively, such as a reduction in hours or outright firing. Fortunately, there are federal and state laws in place to protect workers from retaliation.

Definition of Workplace Retaliation

Employment retaliation occurs after an employee files a formal complaint about the workplace involving discrimination and/or harassment. The employer or company leader then takes negative action against the employee.

June 15, 2022

6 Red Flags to Watch Out For in California Nursing Homes

By Walton Law, A.P.C.

It can be difficult choosing the right nursing home for your loved ones. You should seek information about previous safety violations and nursing home ratings and reputation before making a decision. With that said, recent reports suggest that the information you find online may sometimes be misleading, incorrect, or incomplete. Moreover, it is not possible to identify whether a certain facility will pose any risks to the residents in the future – simply by looking at its history.

Reputable nursing homes with excellent past records have been known to place elderly residents at the risk of life-threatening injuries. Obviously, this doesn’t mean that you should completely ignore their safety track record. Instead, on top of regular checks, you should look out for the following red flags when it comes to nursing homes. This should help you find a safe and dependable nursing facility for your elderly loved ones in California.

Red Flag 1: High rate of Covid-19 deaths and infections