If your loved one is in a nursing home, the last thing you want to believe is that he or she could be being abused or neglected. Unfortunately, these cases happen all too often, so loved ones need to be vigilant. A common issue experienced in nursing homes is understaffing, which can lead to negligent care. If you suspect your loved one could be the victim of elder abuse or nursing home neglect, contact an attorney in Riverside to find out what your rights are.

Nursing home understaffing occurs when a home accepts more patients than they can adequately care for with the staff that they have. These staffing issues can be exacerbated when nursing homes try to compensate by hiring staff without proper background checks, further putting residents at risk. Understaffing can also lead to unreasonable overtime demands that can make staff careless and overstressed. Consistent understaffing leaves residents vulnerable to falls, missed medication doses, and sores and infections from inattentive personal hygiene assistance. Emotional distress is also possible. If your loved one exhibits these symptoms, contact an attorney to determine if you should file a lawsuit.

The police play an important role in protecting the safety of the community, but what happens when they cross the line? If you are injured or otherwise targeted by police misconduct , you have options. The California State Department of Justice’s Civil Rights Enforcement Section investigates claims of police misconduct vigorously. An accident lawyer in Riverside can also help you pursue a claim against the police if you are injured as the result of misconduct by a police officer. Here is the information every California resident needs to know.

Governmental Immunity

Governmental immunity protects police officers from being sued for doing things that are part of their jobs. For instance, if you are stopped by the police and questioned sternly, the experience may be unsettling, but if the police officer did not step outside of the line of duty and did not violate your legal rights in any way, he or she has immunity from being sued by you. Governmental immunity means that the government has to agree to accept any lawsuit that is filed against it, but that doesn’t mean that police officers have carte blanche to do whatever they want with impunity. There are many laws that allow you to file a lawsuit against a police officer who has engaged in misconduct.

Types of Misconduct

Although many different types of police misconduct exist, the most common cases involve false arrest, malicious prosecution, and excessive force. You may be able to file a case for false arrest if the police arrested you without probable cause. Malicious prosecution involves the pursuit of legal cases against someone without probable cause. For this type of lawsuit, your attorney must prove that the police started a criminal case against you for which you were not convicted, without probable cause and with malicious intent. In an excessive force case, your attorney must demonstrate that the police used force against you that was not reasonable given the nature of the case and your interaction with the officer.

Misconduct Claims

If you believe you have been the victim of police misconduct, contact an attorney right away. A notice of claim must be filed within six months of the arrest. Keep careful records of your interaction with police so that your attorney can rely on them when preparing your case.

If you are injured by a dog bite, you may be eligible to receive compensation for your medical costs and pain and suffering. To file an accident lawsuit in Riverside , contact an attorney with experience in personal injury lawsuits, who can evaluate your case and determine if negligence was to blame. If you are the victim of a dog attack, these tips will help you cope with the incident itself and the aftermath.

Don’t Run Away

If you think a dog is about to attack, resist the urge to run away. When you start running, the dog will begin to chase you, especially if you are running with your back towards the dog. It is better to stand perfectly still and keep your arms down by your side, even if the dog is approaching. Avoid eye contact and remain still. This could cause the dog to lose interest in you. If the dog appears to have diverted its attention to something else, back away slowly, still facing the dog. If your movement causes renewed aggression, stop again and remain still for longer.

Do Put Something Between You and the Dog

If a dog is biting you, grab anything you can to put between yourself and the dog. A jacket, purse, backpack, shoe, or even a stick could all work. Continue to try to do so until the dog stops biting you and latches on to something else. If you are knocked to the ground during the process, try to avoid excessive movement and noises, which will cause the dog to escalate the attack.

Do Protect Your Rights

After a dog attack, getting medical attention is the most important step to take. If your injuries allow, get the names and contact information of witnesses of the attack and of the dog owner. Photograph everything you can about the scene and the attack. Never speak with an insurance company or an attorney for the dog owner without your own lawyer. Contact an accident lawyer as soon as possible to determine if you have a case against the dog owner.

Parking lots can require more upkeep than you might think. Weather conditions, shifting ground, and general wear and tear can cause large cracks and potholes to develop. Oil slicks, burned-out lights, and broken handrails along steps can all contribute to slip and fall injuries . If you’ve sustained injuries in a slip and fall accident in Riverside, contact a personal injury lawyer promptly. He or she can assess the merits of the case and determine which party might be held liable for your losses. In most cases, the at-fault party is the parking lot owner or the maintenance contractor. Sometimes, negligent drivers may be held liable.

Your personal injury lawyer will review all available evidence to find proof that the accident was the cause of your injuries and that the accident was the direct result of someone else’s negligence. For instance, if the parking lot owner was previously informed about a large pothole that you later tripped on, yet the owner failed to correct the hazard, then this person may be held liable.

Tort law refers to the civil proceedings that can bring relief for plaintiffs who have suffered financial losses, physical injuries, or psychological injuries at the hands of the defendants. Tort actions are complex, and they require the skillful attention of an experienced personal injury lawyer in Riverside. Your personal injury lawyer can answer any questions you may have about tort law, including questions pertaining to intentional and negligent torts.

Negligent Torts

Most tort cases filed by personal injury lawyers are negligent torts. A negligent tort is a personal injury lawsuit filed by the person who was injured (the plaintiff) against the person who allegedly inflicted the injury (the defendant). The lawsuit does not allege that the defendant intentionally harmed the plaintiff, but rather that the harm or financial losses were inflicted as a result of negligence. One common example is a car accident. Hypothetically, John is in a hurry to get home from work and he makes a right-hand turn at a red light without checking for oncoming traffic. Sally, who has right-of-way, drives through the intersection and strikes John’s car because she cannot stop in time. In this case, John could be held liable in a negligent tort. He didn’t intend for Sally’s car to collide with his, but the accident occurred anyway because he failed to check for oncoming traffic. A car accident is just one example of a negligent tort. These cases can include slip and fall incidents, dog bite cases, and nursing home neglect.

Intentional Torts

Intentional torts are less common than negligent torts. As the term implies, an intentional tort case may be filed by a personal injury lawyer when the defendant is accused of intentionally harming the plaintiff. Intentional tort cases can be tricky to litigate because they rely upon the establishment of the tortfeasor’s state of mind. A tortfeasor is a person who commits a tort or act of wrongdoing. One straightforward example of an intentional tort is assault. Using the previous example of the car accident, when Sally strikes John’s car, it is the result of John’s negligence. However, if John becomes enraged by the accident, gets out of his car, and punches Sally in the face, this is an intentional action that may be litigated in civil court. It should be noted that John may face criminal charges as well, which would proceed separately from an intentional tort claim filed by Sally.

After sustaining losses in a crash , you may decide to consult a car accident lawyer in Riverside. He or she can file an accident lawsuit on your behalf to seek compensation for your medical expenses, property damage, lost wages, pain and suffering, and any other appropriate damages. Most accident lawsuits are not resolved after a trial. In fact, many personal injury clients manage to stay out of the courtroom entirely. This is thanks to the possibility of personal injury settlements.

You can learn more about personal injury settlements by watching this featured video or speaking with your car accident lawyer. The settlement is a legally binding agreement between the plaintiff and the defendant to drop the case in exchange for a set amount of compensation. You are not obliged to accept a settlement; this decision is entirely yours to make.

After you’ve had your attorney file an accident lawsuit in Riverside, he or she will gather as much evidence as possible to support your allegations. Many types of evidence can support your injury case , such as the police report, medical records, and surveillance footage. But witness statements can also play a role in the outcome of an accident lawsuit. Either party involved with the lawsuit, plaintiff or defendant, may use witness statements in litigation.

To Negotiate a Settlement

Not all accident lawsuits end with a jury verdict. Many of them are resolved before ever going to trial or during the course of the trial. The defendant in an injury case may be more willing to settle the lawsuit if he or she feels that the jury will find in favor of the plaintiff and vice versa. With credible witness statements and other evidence, a personal injury lawyer can effectively negotiate a favorable settlement with the other party. Of course, it’s entirely at the discretion of the client whether to accept the settlement arrangement or move forward with the litigation.

To Substantiate Claims

During the discovery process prior to the trial, an accident lawyer may depose one or more witnesses to uncover the facts of the case. This testimony, which is given under oath, may play a pivotal role in the trial. A witness’ written statement or testimony given during the trial can also serve to influence the jury to find in favor of the plaintiff. For instance, the plaintiff in a car accident case may claim that he or she was driving at the speed limit and did not otherwise violate traffic safety rules. An eyewitness to the accident may substantiate this claim by disclosing what he or she saw.

To Verify Injuries

Medical records are essential for proving the nature and extent of a plaintiff’s injuries. However, the defendant may still try to claim that the accident wasn’t the cause of the injuries. For example, the plaintiff might have sustained a head injury during the accident and the defendant may try to claim that the plaintiff actually sustained the injury earlier in the week during a sporting event. An eyewitness might testify that he or she saw the plaintiff display signs of a head injury at the accident site, such as bleeding from the area, confusion, or impaired coordination.

After someone files an accident lawsuit in Riverside, the involved parties will go through a pre-trial process known as discovery. Discovery refers to the exchange of information between each party’s accident lawyers. A deposition is an important component of discovery. During a deposition, a witness or other party is placed under oath. The accident lawyers will ask questions and the individual will have to answer truthfully. Although the individual is under oath, there is no judge or jury present.

When you watch this video, you’ll learn more about depositions for accident lawsuits. You’ll discover the role of the court reporter and you’ll learn that the testimony given during a deposition may be used during the trial. For example, it may be found that a witness gives testimony during the trial that contradicts what he or she said during the deposition.

After sustaining injuries in a trip and fall accident, consider visiting a personal injury lawyer in Riverside to discuss your legal options. A slip and fall lawyer will thoroughly review the case to determine the factors that contributed to the accident. Sometimes, these accidents are the fault of the property owner or manager. But even if you might have been partially at fault for the incident , it’s still worth your time to speak with a personal injury lawyer.

Personal responsibility for your injuries might reduce your compensation, but the defendant might still be held partially liable for your losses. For example, your compensation might be reduced if it is determined that you wore unsafe footwear or if you were texting while walking. You may be considered partially responsible for your injuries if you were engaging in other unsafe behaviors like walking backward. It’s important to fully disclose the details of the incident to your personal injury lawyer so he or she can properly prepare your case.