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Most Common Reasons Nursing Home Resident Deaths Occur

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According to national statistics, approximately 20 percent of all nursing home resident deaths are the result of falls. Although some of these falls may be unavoidable, many of these incidents are a result of negligence and never should have occurred. Each nursing home lawyer in Maryland from our law firm has handled numerous nursing home fall cases and has discovered some of the most common reasons why these preventable incidents occur.

Failure to Assess a Resident’s Risk for Falls

It is up to nursing home staff to conduct periodic assessments of a resident to determine if there are any issues that need special attention. This includes whether the resident has a high risk of falling. If a resident is deemed high risk, then it is up to the staff to make sure the resident is watched at all times, as well as assist the resident when they are getting out of bed, going to the bathroom, etc.

Staff Is Poorly Trained

When the staff at a nursing home are not properly trained and do not have the skills and experience necessary to care for and monitor nursing home residents who are at risk of falling, these incidents will happen, and residents will suffer injuries. Not having staff who know how to properly transfer a victim in and out of a wheelchair or bed or knowing which residents may be at high risk of falling, is clearly an act of negligence on the part of the facility.

Facility Suffers from Understaffing

A Maryland nursing home lawyer knows that an understaffed facility can be just as dangerous. Unfortunately, the turnover of employees at nursing homes is high and many facilities struggle from staff shortages. This leaves employees with more responsibilities, caring for more residents than they can possibly handle. Your loved one may not receive the care they need when corners are cut, and high-risk residents are left unattended.

Medication Errors

If a nursing home resident is given the wrong medication, is given the wrong dose, or does not receive their medication at all, the result can be dangerous for the resident. A medication error can lay the groundwork for a slip and fall accident. For example, if staff fail to give a resident a scheduled dose of a certain medication, the resident’s blood pressure could suddenly drop, causing the resident to feel dizzy and fall down.

Contact Our Firm Today

Abuse of the elderly is against the law and needs to be treated as such. If your loved one has been a victim of neglect or abuse – or if you suspect they are – contact Brown Kiely, LLP to find out how we may be able to help. A Maryland nursing home lawyer may be able to help your family report the abuse to the proper federal and state agencies and pursue compensation for the damages your loved one has suffered. Call our office today for a free and confidential consultation.

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When Do I Need to Hire a Lawyer?

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We live in a litigious world. Unfortunately, not every conflict can be satisfactorily handled without filing a lawsuit or hiring a lawyer. Even filing a personal injury claim with an insurance company often requires the assistance of a law firm in Bethesda MD. At Brown Kiely LLP we focus on several areas of the law, including the following:

Personal Injuries

Have you been injured through someone else’s carelessness or negligence? As a law firm Bethesda MD respects, we have helped thousands of injured victims get the compensation and benefits they deserved. We may be able to help you as well. Call us at 240-220-9923 to request a consultation with one of our personal injury lawyers. There will be no charge to you for that first meeting. Feel free to ask the attorney any questions you have about your case. We want you to feel confident in choosing Brown Kiely for the Bethesda law firm that will represent your best interests. If the at-fault insurance company denies your claim or refuses to pay you a fair settlement, give us a call.

Nursing Home Abuse and Neglect

When you place your beloved elder in a healthcare facility such as a nursing home, you do so with the expectation that they will be well cared for and protected. If you discover or suspect that they are being abused or neglected by a caregiver, it’s critical that you ensure their safety. A law firm Bethesda MD families need in a situation like this is one that has attorneys who specialize in elder law. Attorneys who practice elder law receive additional training due to the sensitive nature of these cases. An elder law attorney from Brown Kiely can help you during this difficult time. One of our attorneys can file the necessary paperwork and claims to recover the financial damages your family has suffered. In addition, if necessary we can file a lawsuit with the aim of recovering your damages as well as seek punitive damages to punish those responsible.

Estate Litigation

Unfortunately, when someone passes away, the grief can be compounded by conflict among surviving family members. What can complicate the situation are the legal issues that arise when a will is contested or no will was left behind at all. In some situations it becomes necessary to pursue legal options in order to obtain justice. Brown Kiely has skilled attorneys on staff who can meet with you to discuss your case. Call us to request a no-charge, confidential consultation.

A Law Firm Bethesda MD Victims Trust

Call Brown Kiely at 240-220-9923 to speak with an experienced attorney from a law firm Bethesda MD residents turn to when they want justice.

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The Importance Of Hiring A Business Lawyer

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If you’re a business owner or entrepreneur, you know that the success of your company depends on many different factors. One of those factors is having a good business lawyer on your team. A skilled business lawyer can help you navigate legal challenges and avoid costly mistakes. There are many tasks that a business lawyer can do for you.

Incorporation and entity formation

One of the first things a business lawyer can help you with is incorporating your business or forming an LLC or other type of entity. One of the benefits of having a lawyer is that they can advise you on the type of entity that you should set up for your business.

Contract drafting and review

Contracts are an essential part of any business, and a business lawyer can help you draft contracts that protect your interests and avoid legal disputes. Contracts can be tough to figure out, so a lawyer can offer you important advice that can help you better understand them.

Intellectual property protection

Establishing trademarks and copyrights are critical parts of a business, and a skilled lawyer can help you set them up properly. A business lawyer can help you navigate the complex world of intellectual property law and file the necessary paperwork to protect your IP.

Employment law

You will need to hire more employees as your business expands and evolves over time. A business lawyer can help you navigate the many employment laws that govern hiring, firing, and everything in between. They can also help you draft employment contracts, non-compete agreements, and other important documents.

Business disputes

Disputes are inevitable when you are a business owner, but the more efficiently that you can resolve them the better. A business lawyer can help you navigate disputes with customers, suppliers, or other parties, and can represent you in court if necessary.

Regulatory compliance

Depending on the nature of your business, you may be subject to a variety of regulations at the federal, state, and local level. With a business lawyer’s help, you can better understand these changing regulations and keep your expenses low by avoiding unnecessary fees.

Mergers and acquisitions

A lawyer can help you understand the complex processes and requirements related to different types of transactions. They can help you draft and negotiate purchase agreements, conduct due diligence, and ensure that the transaction goes smoothly.

Real estate transactions

Commercial real estate can be a confusing topic to understand, but a lawyer can help you become more familiar with how they are conducted. They can help you negotiate leases, purchase agreements, and other real estate transactions, and ensure that your interests are protected.

Tax law

Taxes can be challenging to do on your own, even if you have a small business, but a lawyer can guide you through the process and ensure that you have everything you need. They can advise you on tax planning strategies, help you understand your tax obligations, and represent you in disputes with the IRS.

Corporate governance

As your business grows, you’ll need to establish clear governance structures to ensure that the company is run efficiently and effectively. If you need help with things like bylaws or creating a board of directors, you can count on a business lawyer to take on such tasks.

The role of a business lawyer is critical, whether you are a new business owner or have been operating your business for many years. Whether you’re just starting out or you’re a seasoned entrepreneur, a skilled business lawyer can help you achieve your business goals and protect your interests. Contact a qualified lawyer near your area now if you need urgent legal help.

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Small Business Lawyer Hiring Considerations

Small Business Lawyer

Without the right small business lawyer by your side, starting a small business can be like navigating unfamiliar territory. It requires a lot of planning, strategizing, and legal know-how that you may not have. That’s why it’s essential to consider hiring a small business lawyer who can provide you with advice and assistance throughout the entire process. But how do you go about finding the right lawyer for your needs? Here are some things to consider when hiring a small business lawyer.

Research Your Options

When looking for a small business lawyer, take your time to research your options thoroughly. Look at law firms specializing in business law and read reviews from past clients. Ask around your network and see if anyone has recommendations or advice on which lawyers they’ve worked with successfully before. Speaking with people who have been through the same process can help narrow down your choices and give you more insight into what to expect when working with each firm.

Knowledge And Skill Sets

It’s essential to choose a law firm that specializes in business law so they can provide you with the most up-to-date information and best advice for your specific situation. They should know all areas of corporate transactional law, including formation, registration, compliance, contracts, negotiations, mergers & acquisitions, real estate transactions, tax matters, dispute resolution & litigation, and more.

Personality

When selecting a small business lawyer, it’s also essential to consider their personality as this will determine how comfortable you feel working with them over time. A good lawyer should be able to communicate clearly and concisely without using complex jargon or legal terms that leave clients confused and overwhelmed. They should also be personable, you don’t want someone who makes you uncomfortable or anxious when discussing sensitive topics like legal matters! It’s also beneficial if they have an established network of contacts in case additional support is needed during some instances, such as filing patents or trademarks, etc. Lastly, ensure that your potential lawyer is honest about their capabilities and limitations so that you know what kind of services they can provide upfront before making any commitments or decisions regarding the representation.  

Fee Structure

The fee structure is also essential when choosing a small business lawyer. Different firms will offer different fee structures based on their services and what works best for their client’s budgets. At Perez Mayoral P.A., our team understands that budgets are tight for many startups and businesses, so we work closely with our clients to ensure that our fees are fair and reasonable while providing top-notch service customized to their needs. We also offer flexible payment plans so our clients can easily manage their budgets without sacrificing quality representation from experienced attorneys.

Hiring the right small business lawyer is one of the most critical decisions you will make when starting or growing your company, as it can have long-lasting effects on its success or failure. Taking the time to research your options carefully will help ensure that you find one that meets all of your needs while still staying within budget – like Perez Mayoral, P.A.., where we specialize in corporate transactional law while offering flexible payment plans designed specifically for startups and businesses on tight budgets! 

Contact us today for more information!      

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6 Common Mistakes To Avoid In A Nursing Home Abuse Case

Nursing Home Abuse Lawyer

When people place their loved ones in nursing homes, they expect for them to be taken care of. Unfortunately, this does not always happen. Some nursing home staff members may abuse or neglect residents, leaving them with physical and mental injuries. If you believe that your family member has suffered harm in a nursing home, you may want to call a lawyer as soon as possible.

Here are some common mistakes that you should avoid in a nursing home abuse case.

Confronting the People Who Are Abusing Your Loved One

If you have just discovered that your family member is being mistreated in a nursing home, you have the right to feel angry and upset. You may be tempted to confront the abusers and give them a piece of your mind. However, you should avoid doing this. If the abusers hear that you may be pursuing a lawsuit, they may leave town or try to destroy evidence.

Waiting Too Long to Take Action

If you suspect that your loved one has suffered abuse in a nursing home, it is important to take quick action. You only have a limited amount of time to file a lawsuit. In California, the statute of limitations to bring a nursing home lawsuit is two years.

Not Getting Your Loved One Immediate Medical Care

If you think that your family member has suffered injuries in a nursing home, the professionals may advise you to get him or her immediate medical care. A doctor should properly diagnose your loved one’s injuries and recommend a treatment plan. If you delay medical treatment, your family member’s injuries could worsen. It may also be more difficult to prove nursing home abuse without prompt medical care.

Failing to Gather Evidence

A nursing home abuse case is only as strong as its evidence. As such, you should collect as much evidence as you can before it gets destroyed. For example, if your loved one is being neglected and the nursing home has unsanitary conditions, like dirty floors or unclean bathrooms, you should take photos of those conditions immediately. The more evidence you have, the better.

Signing an Arbitration Agreement

Nursing homes often want to settle disagreements quickly and ask people to sign arbitration agreements. This isn’t something that you should do. Arbitrators often favor nursing homes, so your family member may not be getting a fair deal.

Not Hiring a Lawyer

Nursing home abuse cases can be quite complex. Therefore, it may be in your best interest to hire an experienced nursing home abuse lawyer. A lawyer knows the true value of your loved one’s case and will handle the negotiation process with the insurance company. He or she will not let your family member get taken advantage of by the insurance company.

If you want to file a nursing home abuse claim, you should schedule an appointment with a reputable lawyer today to talk about your case in detail.

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Signs Of Sexual Harassment

Sexual Harassment Lawyer

There are many signs of sexual harassment, however it can be hard to notice them. They can range from subtle behavior to more explicit actions like catcalling. Whatever types of sexual harassment that you have experienced or are dealing with in the workplace, you have the right to take action. No one should tolerate sexual harassment. If you have been at your work and have been dealing with even just one instance of sexual harassment, you may be able to file a claim and take legal action against the person responsible and your employer. Know how to recognize the most common signs of sexual harassment so that you can take action right away. 

Sexual Comments

If a worker makes sexual jokes or discusses their personal life in a sexual context to another coworker who does not appreciate or welcome the conversation, it can be considered sexual harassment. These types of discussions are not appropriate in the workplace and they can make others highly uncomfortable, especially if it occurs without their consent. If you have been subjected to sexual comments by another coworker, you have a right to file a claim against your employer so that they can face the consequences of allowing the behavior to occur.

Catcalling

Catcalling is the act of complimenting a person walking by in a way that is aggressive or overtly sexual in nature. Typically catcalling happens in public places like streets, such as when a woman is walking down a street and a man yells at her about her looks. However, catcalling can also happen at work. What is problematic about catcalling is that it is done in a way that makes a victim uncomfortable and is done without their consent. If you have had an issue with persistent catcalling at work, you may be able to file a claim. 

Inappropriate Touching 

In the workplace, there is a slim boundary that determines appropriate and inappropriate touching. For instance, hugging and excessive touch can be considered sexual harassment if the person receiving them does not consent and is made to feel uncomfortable, as an experienced sexual harassment lawyer can explain. Once a person has expressed that they do not want to be touched a certain way or are being pressured to consent to unwanted physical affection, they may be able to file a harassment claim.

Unwanted Advancements

Some people who have faced sexual harassment at work experience unwanted or inappropriate advancements by other coworkers or supervisors. While it is not harassment if a coworker asks out another coworker on a date once, it can be if the coworker refuses to take no for an answer. Examples of unwanted interactions include being asked out on a date or being pressured to accept a date, then it can qualify as sexual harassment. 

If you are in need of legal advice regarding a sexual harassment claim, talk to a qualified sexual harassment lawyer for more information. 

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How A Business Lawyer Assists Businesses

Business Formation

Businesses are started and ended each day in the United States. While it can be an exciting or life-changing event to start a business it can be a struggling time to end one. Whether it’s an individual, a family, or an organization starting a business it’s important to understand the ins and outs of the law regarding business formation and operating a business. When a business doesn’t follow the law it puts itself in grave danger of being susceptible to fines, lawsuits, or being forced to shut down. That’s why many people turn to a lawyer who works in the realm of business law to help avoid running into issues with the law. Contact one today if you need assistance with your business. 

Difficulties of Starting or Running a Business

There are many difficulties associated with starting a business. First of all, it can be difficult to secure funding for the business itself. Loans may need to be taken out and new debts may come into existence. For individuals, they may take from their savings or investments to fund a business. Another thing that can be difficult is hiring and retaining employees. Many businesses struggle in this area to first hire employees and then to retain them. Other things that can be difficult or cause issues are making a profit, having a positive revenue, keeping a good company profile and image, keeping harmony among the employees, finding clients, and more. Another thing that some businesses overlook is the law. Not complying with state and federal laws could put a company or business under enormous stress from lawsuits and other legal issues. 

How a Lawyer Can Help 

A lawyer who specializes in business law understands the different laws that a business has to follow to form, operate, and cease operations, if needed. State and federal laws have statutes in place that businesses need to follow. These will vary by state but a business lawyer residents turn to from a firm like Eric Lindh Foster Law, LLC can provide more on the details of those situations. A lawyer can also offer their guidance and support through different branches of business formation and business operation. They can help with ensuring that start up capital or investments are compliant with the law. These types of lawyers can also help ensure that the business is following good employment practices.

Professional Assistance 

Professional assistance in any industry is something that is beneficial. The same can be said for starting a business or operating a business. When a professional or a business lawyer is helping out it can make for an overall stronger business. A stronger business can achieve longevity and has a better chance of earning a positive revenue and being successful for a long time. If you or someone you know are running into legal issues with your business then it may be time to seek out a professional for assistance with these business-related problems.  

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What Happens if I Declare Bankruptcy?

Bankruptcy Lawyer

Declaring bankruptcy may be the only way out from under your crushing debt, but there’s more too it than immediate financial relief. As a Bankruptcy Lawyer like our friends at the Law Offices of Neil Crane can explain, bankruptcy is a serious decision, and you need to make sure you know what you’re getting into before you decide it’s right for you.

Read on to learn more about the pros and cons of filing for bankruptcy, and see why it’s so important to have a qualified and experienced bankruptcy lawyer on your side.

What Do I Get out of Declaring Bankruptcy?

If you’ve built up considerable debt, or your many financial obligations are just bleeding you dry, you can file for bankruptcy to give yourself a clean slate. You’ll be able to satisfy your creditors and get out from under your debts, and you’ll be able to get rid of all those assets that are costing you money. It’s a breath of fresh air, but it comes at a price.

What Are the Cons?

The negatives of bankruptcy really depend on the type of bankruptcy you file. If you file Chapter 13 bankruptcy, you’ll have to come up with a payment plan that satisfies your creditors, and you’ll have to stick to the plan until they’re all paid off and satisfied. It can be a pain to set aside money and tighten your finances for the several years it might require to pay off your debts, but many people accept it’s a better alternative to Chapter 7 bankruptcy.

What is Chapter 7 Bankruptcy?

When you file Chapter 7 bankruptcy, you’re pulling out all the stops to pay off your debts. This means selling off your assets to get the necessary money to climb yourself out of debt. “Assets” can mean anything from properties, investments, cars, collections, and even family heirlooms. You’ll have to sell off practically everything for financial freedom, but some people think it’s completely worth it – especially if you can protect some of your assets from liquidation.

Can I Protect My Assets?

If an asset is protected, it means it’s exempt from liquidation when you file Chapter 7 bankruptcy. Certain states have their own ideas about protected assets. Protected assets can include your wedding rings, your primary residences, and cars under a certain value. You may also be able to hold on to your tools or work-related equipment, as well as the appliances in your home. A skilled bankruptcy lawyer will be able to tell you more about protected assets – and more.

Why Do I Need a Bankruptcy Lawyer?

Bankruptcy is never easy. It can be a long and painful process, and without proper legal guidance, you may find yourself even more lost than before. Fortunately, the right bankruptcy lawyer can help you better understand your options, and better understand how to proceed when you decide what chapter of bankruptcy works best for you.

Don’t hesitate to get the legal help you need before, during, and after your bankruptcy. Get in touch with a bankruptcy lawyer today.

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Tips For Reducing Your Risk Of Getting Into A Motorcycle Accident

Motorcycle Accident Lawyer

Cruising down the road in your motorcycle on a warm and sunny day can be quite thrilling. However, riding a motorcycle still comes with risks. Motorcycles are smaller and more difficult to see than cars. Motorcyclists also lack the protection of a vehicle, so they are more likely to suffer catastrophic injuries in an accident. However, that doesn’t mean you have to stop riding your motorcycle. You just have to take more safety precautions.

Here are a few tips for reducing your risk of getting into a motorcycle accident.

Don’t Share a Lane with Another Vehicle

Some new motorcyclists make the mistake of staying in the same lane as another vehicle. This is very dangerous and can lead to an accident. Drivers likely do not expect to share lanes with motorcyclists, so they may not look out for them.

Avoid Speeding

Drivers of passenger vehicles are not the only ones who should obey the speed limit. It is equally as important for motorcyclists to avoid speeding. While it can be exciting to go fast on your motorcycle, it can increase your risk of getting into an accident. If you are going at high speeds, you may have less time to respond to hazards on the road or enter corners too fast.

Don’t Assume That You’re Always Visible

As mentioned above, motorcycles are smaller than regular vehicles, so they are more difficult to see. That is why you should never assume that other motorists can see you. Always keep your full attention on the road and stay out of vehicles’ blind spots. It’s also helpful to wear bright clothing.

Wear the Proper Protection

Before you get on your motorcycle, you need to put on the proper clothes and gear. Wear leather pants, a long-sleeved shirt, boots and a helmet. While this gear might not be able to prevent an accident, it can protect you from severe injuries in the event of a collision.

Don’t Ride During Poor Weather

Unless it’s absolutely necessary, you should avoid riding your motorcycle in the rain and other poor weather conditions. Unlike drivers of passenger vehicles, you do not have windshield wipers and other features to travel through adverse weather conditions. Motorcyclists have a higher risk of getting into an accident in poor weather conditions.

Take an Advanced Safety Course

If you already know how to operate a motorcycle, you might wonder if it is really necessary to sign up for an advanced safety course. However, even the most experienced motorcyclists can afford to learn more about operating a motorcycle. In this course, you can increase your skills in many areas, including evasive maneuvering, throttle control, brake control and lane selection. By taking this course, you could potentially avoid an accident.

 

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Your Guide To Picking Beneficiaries

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Estate planning is a task that requires much thought. One of the most nuanced, yet simple, aspects of estate planning is choosing your beneficiaries. If you have relatives that you cherish, you may want to make sure they receive a portion of your estate after your departure. You may have so many people that you are fond of, that you want to ensure no one is left out. You may also choose to donate some of your estate to a charity organization that is near and dear to your heart. It can be tricky dividing up your assets, but this guide will hopefully give you more insight so that you can make confident decisions in regards to your estate plan. 

A beneficiary can be anyone you want. Think about it this way, these are your belongings and assets, so who you want to give them to is a personal decision that only you can make. The best thing you can do is choose based on your heart and who you want to receive a part of your legacy after you are no longer here. Another thing to consider is that if you list your children as beneficiaries, you may want to designate that they receive equal share of assets, or at least noting what percent each of your children will get, so that the process is simpler and helps prevent familial disputes from arising.

Many people choose their spouse, best friends, and other relatives as beneficiaries, but that will depend on who matters most to you. As a team member from Carpenter & Lewis PLLC would suggest, you can write instructions that are specific, such as that you want certain properties to go to one person. Or, you can view it in terms of percentages. The benefit of having an estate plan is that you are in control of how your assets will be handled because if you pass away without a plan, then a judge may oversee its distribution through probate instead. It is advisable to designate a secondary or contingent beneficiary in case your first beneficiary passes before you. 

Estate planning can seem like a complicated task, but like many other things in life, the more you know the better. When you get more insight into something, you can understand the purpose of it and then make choices that are best suited for you. Depending on your situation, choosing beneficiaries may be easy or more difficult. But either way, if you know what the task entails, you can rest assured that your wishes are properly reflected within the estate plan. If for any reason you have an estranged relative or other person who may come forward and attempt to contest the will in court, you can add statements into your estate plan that this individual is not to receive any portion of your estate after your passing. Consider speaking to your lawyer, like a estate planning lawyer Knoxville, TN families trust from Carpenter & Lewis PLLC, if you are having trouble deciding who should be beneficiaries, and how to exclude those who may cause problems later on. 

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