Residents of senior living centers are cared for under a confusing set of laws. In Illinois, it is currently less difficult to sue a Nursing Home than it is to sue a Assisted Living Facility because the former is held to standards under the Illinois Nursing Home Care Act, and the latter is not.

One of the purposes of the INHCA law was to establish that mandatory arbitration clauses residents were required to sign as a condition of their entry to the facility were considered to undermine the purpose of the law. Because it was mandatory for residents and their families to sign confusing nursing home contracts on admission to a nursing home, the legislature decided a law to protect vulnerable seniors was needed.

The Illinois Nursing Home Care Act was intended to protect residents from exploitation by nursing homes and their parent corporations. The Centers for Medicare and Medicaid Services (CMS) implemented a new rule that prohibited federal funds for nursing homes that enter into binding arbitration agreements with residents. However, in a U.S. District Court in the Northern District of Mississippi, an order was entered that found that the CMS did not have authority to enact the mandate without statutory authority.

The U.S. District Court order was granted the power to clarify this confusion in early November 2016. CMS introduced the rule in September 2016 after allegations that nursing homes bury arbitration clauses in the fine print of admission contracts and prevent residents and their families from seeking justice in state courts in the event of abuse or neglect.

The lawsuit brought in the Northern District of Mississippi included the trade group American Healthcare Association. The nursing home groups that brought the case argued that the rule of CMS exceeded its regulatory authority. Because most arbitration agreements deny a resident to the right of attorney fees and costs that are allowed under the Illinois Nursing Home Care Act, arbitration clauses weigh heavily in favor of the nursing home and its corporate owners.

In arbitration, a nursing home resident would not be denied the public proceeding that a civil lawsuit would allow, as a personal injury lawyer can tell you. Unfortunately, Assisted Living Facilities are not governed under the Illinois Nursing Home Care Act. This means that loved ones do not receive attorneys fees during legal actions, and makes the decision to sue them far more risky. Sometimes it comes as an issue that a spouse, loved one, or family friend has signed the resident into the facility as their legal decision maker.

Accordingly, the Illinois Appellate Court found that a signature from a substitute decision maker carries no legally binding weight as to arbitration on her personal claims against the nursing home under either the Wrongful Death Act or the Family Expense Act. Illinois lawyers and Illinois nursing home residents should be aware of the conflicts in the law regarding arbitration clauses. Nursing homes continue to push for application of arbitration rather than lawsuits in Illinois courts.

To ensure that your loved ones uphold your wishes after your passing, it is beneficial to create your will.  It will be difficult for your family to determine what you would have wanted if there is not a will in place. This can leave family members to not only sort through the grieving process, but also your assets. It can be even more difficult when a loved one is facing a situation where their elderly loved one is not willing to write their will.

Reasons to Avoid the Will

You are probably wondering why an elderly parent may refuse to write their will. There are many reasons for avoiding putting the time into a will. The most common include:

• Financial hardship
• Falling ill and unable to write their will in time.
• Procrastination
• Not feeling they own anything that needs to be in a will
• They do not want to face that they are nearing the end of their life.

In the event that your loved one passes without a will in place, you will find it difficult to carry out the division of their assets in the way they would have liked. Without a will in place, their assets will more than likely go through probate court, which can be a lengthy process. Although it may seem easier said than done, persuading an elderly loved one to complete their will may be rather challenging.

Take Small Steps

When working with an elderly parent on their will, starting with small steps will help to be the most successful in getting them to move forward. The following three measures may be helpful in starting the process:

1. Designating a power of attorney
2. Power of attorney can be included in a living will. Often, a close family member may hold power of attorney.
3. Once power of attorney has been designated, the appointed will be able to look into the parent’s assets and financial situation. This may be helpful as power of attorney will also allow you to represent the parent.  

Obtaining an Estate Lawyer

An attorney such as the estate planning attorney Scottsdale AZ locals trust  may be helpful in providing information to the elderly loved one about what the process may look like if they die without a will in place. In meeting with them, the process can begin to move forward by appointing power of attorney, and beginning the initial stages of writing the will. A contested will following the death of a loved one, can be a long, drawn out process. By working with an estate attorney, the likelihood of the will being contested will be minimized.

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A special thanks to our authors at Arizona Estate Planning Attorneys for their insight into Estate Law.

 

 

When running a business, it is important to understand the various legal implications that need to be recognized and followed as a business owner. When operating a company, business law requires regulations to be in place in order for the company to function successfully which include: sales, bankruptcy, employment, taxes, and operations.

It’s important that as a business owner, you abide by all business laws that may apply. Utilizing an attorney to help you with this will help you to avoid any legal ramifications in the future. There are several laws in place that may apply to your business, the following are a few of the most common. Always be sure to check the applicable laws in your area because these laws can vary depending on your region.  

• Finance Law: in the event that the business must file for bankruptcy, finance law protects all investors, customers and business owners.
• Privacy Law: protects the confidentiality of a business’s customers by securing any private customer information the business may have collected by having security plans in place. It’s important to seek a business law lawyer if concern for privacy around customer information arises.   
• Marketing and Advertising Law: requires “truth in advertising” meaning that any claims made by the company must be honest and truthful.
• Employment and Labor Law: requires the employer to provide employees with fair standards of working. This should always include: fair minimum wages, bans against child labor, management of personnel records, and overtime rules.
• Online Business Law: has ways of regulating business transactions that happen online. Many businesses have extensive sales and business transactions that occur on the internet. Understanding the impact online revenue may have on your company can be helpful. Knowledgeable business law attorneys can be of great help in providing guidance.
• Intellectual Property Law: protects any ideas, trademarks, designs or patents that your company may have developed. This allows you to file patents to prevent competitors from utilizing your ideas for their profit. Business law attorneys can be helpful in ensuring that all necessary paperwork is completed to protect your business.
• Workplace Safety and Health Law: safeguards employees from hazardous and unsafe environments. It is vital that a safe workspace is provided to employees to ensure that your business is successful.

The inner workings of business law may be difficult to grasp as there are many intricacies that are vital to the functioning of the company. As confusing as it may be, not abiding by these laws, regardless of whether or not it was accidental, could ultimately lead to jail time. Hire an attorney such as the Business lawyer Memphis, TN locals turn to to consult and guide you through this process. They will be able to ensure that you follow all regulations that are in place.  

Thanks to authors at Patterson Bray for their insight into Business Law.

Elder abuse is a persistent problem across the United States. Elder abuse is a broad term that is utilized to encompass a variety of ways in which an elderly person is harmed or taken advantage of by another, according to the National Council on Aging. Elder abuse is said to encompass:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Passive neglect
• Confinement
• Willful deprivation
• Financial exploitation

Elder Abuse Statistics

Approximately one out of ten elderly Americans are thought to have been subjected to some form of elder abuse. Indeed, the National Council on Aging estimates that the number of people over the age of 60 subjected to elder abuse could top five million people in the United States each year.

There is evidence to suggest that only about one out of every 14 cases of elder abuse are ever reported to the proper authorities. It’s important to know that there are different avenues through which elder abuse can be reported and addressed.

1. Contact Adult Protective Services

Every state in the United States has an adult protective services agency. In most cases, the agency is called “adult protective services.” The first step in the process of reporting suspected elder abuse is to contact them.

This type of agency is designated to act in the best interests of incapacitated and elderly adults who may be subjected to some type of victimization or abuse. This includes:

• Elderly adults living on their own
• Elderly adults living with relatives or some other third party
• Elderly adults residing in an assisted living or skilled care facility
• Elderly adults who are hospitalized

An adult protective services agency will have a telephone hotline as well as an online portal on its website through which a report of suspected elder abuse can be made. You can also make a report of elder abuse anonymously.

Contact information for state agencies that provide adult protective services can be found at the National Center on Elder Abuse website. The National Center on Elder Abuse is federal government agency that provides an array of resources to combat and address elder abuse in the United States.

2. Contact Law Enforcement

In addition to filing a report with adult protective services, elder abuse can also be reported to law enforcement. The reality is that most states have laws criminalizing many types of elder abuse. In other words, a person who commits certain types of elder abuse can be criminally prosecuted for the wrongdoing.

If the decision is made to file a report with law enforcement, the local police or sheriff’s office can be contacted. In fact, many local law enforcement agencies have officers assigned specifically to address allegations of elder abuse.

 

As a Chapter 13 bankruptcy lawyer Memphis TN turns to with some of their toughest questions, I know one of the most common questions people ask about Chapter 13 is “Will it hurt my credit?” In the short term, it might. But not necessarily. And in the long term, it can actually make everything better.

If you’re considering bankruptcy, your credit probably already isn’t very good to begin with. You probably owe a lot of debt on your house or car that you can’t pay back. You may have high credit card debt building up. And then you also might be facing lawsuits or wage garnishment. If any one of those things is true, you already have big credit problems. So generally you won’t have a hard time with Chapter 13 hurting your credit much more than before.

Bankruptcy can stay on your credit for up to 10 years after filing. But for Chapter 13, it will usually be removed after seven years. During that time, while your bankruptcy is underway, it will help your credit to make the regular payments.

While Chapter 13 does show up on your credit report, it also offers the opportunity to make your credit much better.

Improving Your Credit After Chapter 13

You can’t improve your credit when you’re so far into debt that every dollar goes to paying it back. That’s just treading water. It will keep things at the status quo.

But after your Chapter 13 has been completed, you’re out of debt and you have the perfect opportunity to rebuild your credit.

To do so, you should stay on top of your credit report. Check for any false information or errors in your records. Then be very careful about how you take on any new credit. If you do choose to get a credit card, use it for small purchases and pay them back immediately. And lastly, pay close attention to how you spend your money. Set a realistic budget and stick to it. This should come more naturally after a Chapter 13 because you’ll already be used to a payment plan. If you think you’ll struggle, consider getting a credit counselor or accountability partner.

With a little focused work, a Chapter 13 bankruptcy can be the best possible option for your credit, because it gives you the fresh start you need.

Thanks to our friends and contributors from Darrell Castle & Associates for their insight into Chapter 13 bankruptcy.

 

 

Modern passenger vehicles are required to have airbags because these devices can provide a great deal of protection during a crash. However, it is possible that the airbags in your vehicle could actually be the cause of injuries in a crash. Airbags could also cause injuries to drivers and passengers even if a vehicle is not involved in an accident.

In serious car accidents, airbags could result in moderate injuries for the driver and passenger(s) , but this is seen as a small price to pay compared to the damage that would have occurred without the airbags. In these cases, it’s not likely that airbag-related injuries would be viable in a civil suit. However, there are certain situations where airbags might cause unreasonable and unnecessary harm. These incidents might justify a personal injury lawsuit.

1. Improper Installation

If an airbag is not properly installed, it could take longer to inflate than it should. In some cases, it might not inflate at all, which means that the driver’s or passenger’s head would slam into the dashboard or into the windshield with nothing to cushion the blow. If airbag parts are not installed correctly, metal shrapnel could fly at passengers’ bodies as the airbags deploy. If this happens to you, it may be worthwhile to talk to a personal injury lawyer about ways to seek compensation from parties who may be potentially liable for your injuries.

2. Improper Deflation

When they operate properly, an airbag is supposed to inflate quickly, absorb the impact from a driver and then deflate as soon as that impact occurs. If the airbag does not deflate fast enough, the effect could be similar to not having this safety feature at all.

3. Unwarranted Inflation

An airbag is designed to inflate when the sensors inside of it detect a collision. However, it is possible that sensors improperly detect that a collision has occurred and deploy when a driver is not ready for it. They may also deploy after you put too much pressure on the brakes. In such a scenario, the sensors inside of it may mistake the hard stop as an impending collision.

4. Harm to Passengers Under Age 12

If you have small or young children in your vehicle, it may be best to put them in the backseat. This is because an airbag deploys with a significant amount of force, and it could cause a serious head or neck injury if it made contact with a child. Furthermore, a child might sit closer to the dashboard than an adult would, which means that an airbag might not have time to fully inflate.

If an airbag isn’t fully inflated, it doesn’t have the ability to offer optimal protection. It is important to keep in mind that they are designed to protect a person who weighs at least 65 pounds. Therefore, if you have an older child or teenager who is still on the light side, it may be best to have that person ride in the back or at least push the front seat back.

While airbags can be an effective way to keep yourself and other safe during a car accident, they also have the potential to injure. If you suffered head, neck or any other injuries because of a defective airbag, make sure to talk to a lawyer as soon as possible. Consultations are usually free, and many personal injury attorneys do not demand payment until you win your case.

If you were to get into an accident in a self-driving car, who would be at fault for the collision? That is one of the primary questions that regulators must answer before autonomous vehicles are allowed on American roadways. The good news is that there are several viable ideas being considered that could resolve this issue.

Drivers May Be Charged per Ride for Insurance

Instead of having a car insurance policy that you make monthly or semiannual payments on, you may be charged a different rate for each ride that you take. If you are going to an area of town where the accident rate is higher, you may be charged more than if you are going someplace where the accident rate is lower. The likelihood of an accident or any other event that could trigger a claim would be determined by data stored by the vehicle itself.

Automakers Would Take Responsibility for Accidents

Many autonomous automakers such as Google and Volvo have said that they would take responsibility for any accidents for which their vehicles are at fault. In this scenario, there would be no need for a rider inside of a self-driving car to carry insurance as they would already be protected. These and other companies are willing to make such a guarantee because they believe that their vehicles will never be at fault for an accident.

Would It Be Necessary to Call for Help?

Theoretically, a self-driving car would be able to communicate with other vehicles or other objects nearby. As roads are made that cater to autonomous vehicles, additional infrastructure will be built to help guide them to their intended destination. If a vehicle can send and receive information, it is possible that it will send out a distress signal or use some other way to indicate that an accident has occurred. This may increase the odds that help arrives in a timely manner even if no one is around to call for police or other emergency personnel.

What About Human Drivers?

Presumably, a human driver would still need to carry auto insurance on his or her vehicle. While that person would likely pay a monthly premium for coverage, it may be less than what he or she is paying now. States would likely set minimum coverage amounts to ensure that they are protected in the event that they cause an accident involving a self-driving vehicle. Currently, self-driving cars are projected to be used as taxis or similar modes of public transportation. Therefore, insurance policies for human drivers would likely focus more on bodily injury and property damage coverage.

Federal Regulators Are Taking the Lead

Currently, local and state governments use a patchwork of rules to determine how autonomous vehicles can use the road. However, the federal government has started to take an interest in creating a uniform set of regulations aimed at easing the transition to self-driving vehicles. This approach may make it easier to answer questions related to liability in an accident or if a car is pulled over for violating a traffic law.

Self-driving cars are going to be increasingly common over the next 10 to 20 years. As cars intended to be operated by humans slowly fade away, the accident rate in America may drop. If an accident does occur, it is likely to involve two vehicles controlled by internal computers. Therefore, it is critical that state and federal regulators determine how to handle such crashes if and when they occur. Consulting with an experienced professional such as car accident lawyer locals trust is very important.

 

A person who makes a will is called the testator. In his or her will, the testator ordinarily appoints an executor. That executor operates in a fiduciary capacity. A fiduciary is someone who is given power to take action on behalf of the deceased in order to honor their final wishes. The fiduciary is entrusted with the highest degree of trust to manage and distribute the decedent’s estate.

When No Executor Is Appointed

Each state has its own legal requirements for wills. If a legal writing complies with the state’s requirements, it will likely be considered a valid will. A valid will need not appoint an executor. If an executor isn’t appointed, a probate court judge will appoint one. However, the executor who is appointed by the probate court judge might be a complete stranger to everybody who is named in the will.

Opening the Estate

Upon the death of the testator, their estate is opened pursuant to a court motion by the appointed executor or by a person named in the will. Even a creditor might move for an estate to be opened if they can prove that they are owed money by the estate.

Asset Collection

When an order allows for a certain person to act as an estate’s executor, he or she must collect all of the estate’s assets. That includes all of the decedent’s personal property and any real estate that isn’t held in joint tenancy with somebody else. An inventory of that estate will be made for purposes of having it reviewed by a probate judge.

The Executor’s Functions

After all assets have been collected, the executor must perform certain functions and duties. Those ordinarily include:

• Maintaining the estate’s assets
• Paying the estate’s final bills.
• Paying the estate’s taxes.
• Distributing the estate to those named in the will.

Must an appointed executor take the office?

A person who is appointed to the office of executor of an estate can decline. He or she can also resign at any time during the administration of the estate. That’s why probate attorneys recommend that a person making a will designate one or more successor executors. If a testator fails to do so, and an appointed executor declines the office or is otherwise unable to serve, the probate judge can appoint a complete stranger to take their place.

Is an executor compensated?

The law allows for executors to be compensated for their time in administering and distributing an estate. The amount of any compensation is set by the probate court judge. Most executors are family members or trusted friends. They usually don’t ask to be compensated for their efforts.

Choosing the Executor

Appointing a family member or a close friend as the executor of your estate might not be the best decision. A more sensible choice might be choosing the person who is most competent to administer the estate. If a person who is appointed executor doesn’t feel competent in administering an estate, he or she is permitted to retain an attorney to act on their behalf. Given the complications involved in the probate procedure, only an intelligent and responsible person should be appointed as the executor or successor executor of an estate.

Talk to an experienced professional about your will or trust such as the Scottsdale Estate Planning Attorney locals have been trusting for years. You’ll want to make the right choices. We can advise you on estate planning issues that you might have questions about.

A special thanks to our authors at Arizona Estate Planning for their expertise in Probate and Estate Law.

Knees are so central to the human body, and quite complex; while they have a limited range of motion compared to other joints, they are responsible for carrying most of our body weight. As such, they are a common spot where injuries occur. Chances are, if you’re dealing with a personal injury related to an accident, it’s located on or around one or both knees.

The following personal injuries to the knee are some of the most common that arise in accident-related claims:

1. Ruptures and Tears to Tendons

Your chiropractor may explain to you how two main tendons surround the knee and are vulnerable to injury; in particular, to ruptures and tears. These are the patellar tendon and the quadriceps tendon. Due to many factors, especially their location, they can tear quite easily, in which case surgery could be needed.

2. Fractures

Fractures to the knee commonly affect the patella, i.e. the kneecap. The tibia, fibula, and femur bone are near to the knee and fractures to these bones can affect it as well. Falls and car accidents are the most common causes of fractures to the knee. In either scenario, a great deal of stress can be placed upon the front of the knee, which can lead to a fracture if it is great enough.

There are four different categories of patellar fractures: stable, displaced, comminuted, and open.

• Stable fractures are when the sections of bone on both sides of the fracture are not displaced, i.e. are stable. This type tends to heal with immobilization and rest.
• Displaced fractures are when the bone sections are no longer aligned. There can even be a gap between the broken segments. This type of injury tends to need surgery. It could ultimately result in related damage to a tendon or ligament.
• Comminuted fractures are when the patella is fractured into at least 3 segments. Also considered unstables, this kind of fracture always needs to be operated on.
• Open fractures are also called compound fractures. This is when fragments of bone are visible through broken skin. An open fracture always requires being operated on, and typically leads to the knee being unstable even after it has healed.

3. Meniscal Injuries

Meniscus cartilage is located between the femur and the tibia bones in the leg. They are bands of tissue that are highly fibrous and are considered to be “shock absorbers.” This cartilage is important for the knee joint to move freely. Meniscus tears can be complete or partial. Complete tears need surgery. Partial tears may heal with the use of a splint.

4. Collateral Ligament Injuries

The knee’s collateral ligaments are found on either side of the joint. Injuries to the ligaments are generally from direct contact force which often occurs during athletics. However, it is also common that car accidents and falls can cause the same kind of force. There are often fractures associated with ligament injuries to the knee, which means there can be up to several months of recovery time.

5. Posterior Cruciate Ligament (PCL) Injuries

Behind the knee is the posterior cruciate ligament, or PCL. It is one of the connecting ligaments between the tibia and the femur. Motor vehicle collisions and falls which force people into twisting motions can often lead to these injuries. An injury to the PCL is often an incomplete tear. It tends to recover with rest and immobilization.

You could be in the position to receive compensation if someone else’s negligence led to your being injured. Any injury to the knee, whether it is mild or severe, could demand a great deal of medical care, and you want to be sure you can pay for the best care so you can recover. Diagnosis, treatment, and ongoing care could all be covered by seeking damages. You can start exploring how by speaking with a personal injury attorney.

 

While preparing for your personal injury case, you may have heard your attorney talk about “causation” or “proximate cause” a lot. These are very important legal terms in all personal injury cases, but can be a little complicated to understand.

At its root, causation means that the actions of the defendant led to the plaintiff’s injuries. Think of this as establishing a cause and effect relationship between the defendant’s actions and the injuries of the plaintiff. Even if it has been established that the defendant was acting in a negligent or reckless manner, it still must be proved that their negligence was the cause of the injuries. The defendant does not have to the only cause, but must at the very least be a substantial factor in the events that led to injury.

Causation is also broken into two different types, cause in fact and proximate cause. Cause in fact means simply an event or action that directly resulted in the injuries. If the defendant’s actions were the cause in fact of injury, then the injury would not have occurred without the defendant having acted negligently. Proximate cause takes things a step further by analyzing if the defendant’s actions could have foreseeably led to injury. This is an important part of proving causation. Even if it is proved that the defendant’s actions were the cause of an injury, their actions could have possibly been so far removed from the injury that there was no way to have possibly known they were causing it.

In a personal injury case, causation is only one part of proving that the defendant is liable for injuries, but it is still crucial to understand. The other parts are that the defendant had a duty of care to the plaintiff, the defendant breached that duty, and that monetary compensation is possible.

Though these may seem like simple concepts in theory, they can grow very complicated very quickly. If you are fighting a personal injury case, you need to be sure that you have the very best legal representation available to you in your area. Proving causation effectively will require both experience and skill as a litigator, and he entire case may rely on their ability to effectively demonstrate this causation. Your attorney, like a skilled personal injury or car accident lawyer Atlanta GA trusts will be taking in all of the facts of your case and laying out the best path for you, and creating the strongest arguments available.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into how to prove causation.