| Read Time: 5 minutes | Car Accident

Examples of Wrongful Death Cases

Losing a loved one is a difficult thing for anybody. Losing a loved one due to someone else’s negligence can be even harder. Lives are cut short every day for many reasons, but losing a loved one in an accident caused by someone else’s negligent actions is especially tragic. When such an event happens, the family of the person who died is entitled to compensation. Wrongful death suits occur when someone who has lost a loved one due to someone else’s negligence files a claim against the individual responsible for the death. In 2019 more than 170,000 people lost their lives in the US from accidents or unintentional injuries. In fact, such accidents are the third leading cause of death in the US. While accidents happen in an almost infinite number of different ways, some wrongful death causes are more common than others. Here are some examples of wrongful death causes. Car Accidents There is no way to ignore the fact that driving a vehicle can be dangerous. While many of us may go years without getting into a car accident, others are not so lucky. Many wrongful death lawsuit cases happen each year after fatal car accidents. Generally, if a driver’s negligent actions cause a death on the road, they are liable for the wrongful death.  The number of car accident fatalities each year may surprise you. More than 38,000 people die in car accidents each year. In 2020, while there was less traffic volume than normal due to the COVID-19 pandemic, the number of vehicle fatalities rose. Some experts say that the increase in fatalities was due, in part, to increased rates of speeding in the US. If a loved one dies after a car accident that someone else negligently causes, you are entitled to compensation through a wrongful death claim. Some of the most common causes of death after car accidents stem from things like: Brain injuries, Neck injuries, and Internal bleeding. The two best things you and your loved ones can do to avoid suffering a fatal injury in a car accident are wearing your seatbelt and avoiding distractions while driving. Defective Products Defective products lead to numerous wrongful death claims each year. Most consumer products producers are responsible for ensuring consumer safety as long as their products are used as intended. Some products are inherently dangerous, but other times, a consumer product can have a fatal defect. For example, a cooking utensil that leaches deadly chemicals into food as it is used as intended can lead to a wrongful death claim against a manufacturer. Similarly, a safety feature in a vehicle that doesn’t work properly, like a seatbelt that comes unbuckled easily in an accident, can easily cause fatal injuries and leave the manufacturer liable for wrongful death claims. Even an inherently dangerous consumer product, such as a gun, comes with an assumption of safety with proper use. A defective part in a gun that causes a chambered round to go off without the user pulling the trigger can easily lead to a wrongful death claim.  When a manufacturer of goods is made aware of a dangerous defect in their product, they are responsible for notifying the public of that defect and recalling any defective products. They are also responsible for replacing those products free of charge. Boeing became responsible for numerous wrongful death claims after a design flaw caused some of their 737 Max commercial aircraft to crash in 2018. Since then, in addition to settling wrongful death claims, Boeing has recalled and replaced all of the affected 737 Max airplanes. If you want to keep track of any consumer product recalls to help ensure your safety, the US Consumer Product Safety Commission (CPSC) is the best place to do so. The CPSC website contains a database of all consumer product recalls. You can even subscribe to the CPSC to get a newsletter of product recalls relevant to you. Workplace Accidents Unfortunately, many accidents happen in the workplace. While all employers must provide their employees with a safe workspace, some employers fail to do so. Even an employer who takes all necessary precautions can have a fatal accident occur at their workplace. In addition, some jobs and workspaces are more dangerous than others. For example, a construction site will typically be more dangerous than an average office.  While the vast majority of workplace injuries are nonfatal each year, the number of fatal injuries is still significant. Employers in the US reported 2.8 million nonfatal injuries in 2019. During the same period, however, a total of 5,333 workers died due to workplace injuries. If a loved one dies after a workplace accident, you can file a claim through their employer’s workers’ compensation program. Most employers in the US are required to maintain workers’ compensation insurance. However, if a loved one dies due to negligence by someone other than their employer or coworker, or if the employer did not carry workers’ compensation insurance, you may be able to seek additional compensation through a wrongful death claim. Medical Malpractice Medical malpractice commonly gives rise to wrongful death claims. Medical malpractice is estimated to take roughly 250,000 lives each year. Generally speaking, medical malpractice occurs when an error in medical treatment leads to injury. If the patient dies due to a medical error, their loved ones are entitled to compensation through a medical malpractice wrongful death claim. To file a successful wrongful death claim based on medical malpractice, one must prove that the death was caused by a medical provider’s mistake that amounts to a violation of the medical standard of care. Pedestrian Accidents Another common source of wrongful death claims is pedestrian accidents. Unlike when a car strikes another vehicle, when a car strikes a pedestrian, the pedestrian does not have the protection that a vehicle offers. Thus, a pedestrian receives the full force of impact when a car strikes them. As a result, it is not uncommon for injuries to a pedestrian after being struck by...

Continue Reading

| Read Time: 3 minutes | Dangerous Drugs

Who Can File a Wrongful Death Lawsuit in Kentucky?

When you lose a loved one due to someone else’s actions, you may experience many emotions. Naturally, you feel grief and anger. You may also wonder how you can achieve justice for your loved one and prevent others from experiencing similar harm. At Gerling Law, we can’t take away your pain. However, we can help you pursue justice. We can help you hold the person who caused your pain accountable for their actions. Our compassionate attorneys have been representing victims and their families for decades. If you would like to speak with one of our knowledgeable lawyers, call anytime for a free consultation. When many clients initially speak with us, they’re not sure if they can sue for their loved one’s death. Here, we provide an overview of who can file a lawsuit for wrongful death and what such legal action involves. What Is a Wrongful Death Lawsuit? The goal of a wrongful death lawsuit is to compensate the surviving family for the harm they have suffered. Before considering a Kentucky wrongful death lawsuit, you should know what the term actually means. Wrongful death is the death of a person caused by the negligent or wrongful act of another. This wrongful act could be unintentional or purposeful. In other words, someone does not have to intend to kill your loved one for it to be a wrongful death. A person or company might be responsible for your loved one’s death. For instance, if a drunk driver hits your loved one, that individual should be held responsible. However, if a sober driver hit your loved one after her brakes malfunctioned, the auto manufacturer may be liable. Who Can File a Kentucky Wrongful Death Lawsuit? In Kentucky, the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. The probate court names a personal representative based on the instructions in the deceased’s will or the preference of the judge. While the personal representative files the wrongful death lawsuit, most of the lawsuit proceeds go to the deceased’s estate and surviving family members. Funeral and burial expenses, as well as attorney fees, go to the estate. But then the remainder of the award goes to the deceased person’s surviving family members. Payment is awarded according to these rules: All to the surviving spouse if there are no surviving children; If there are a surviving spouse and surviving children, half to the spouse and half divided among the children; If there is no surviving spouse, all divided among the children; or  If there is no surviving spouse or children, all to the surviving parents. If there is no surviving spouse, children, or parents, the wrongful death award goes to the estate. After paying debts, the award will be distributed according to the deceased’s will or intestate succession rules. What Damages Are Available? A wrongful death lawsuit compensates family members for the harm they have suffered as a result of their loved one’s death. You can sue for these damages in a wrongful death case: Pain and suffering, Loss of companionship, Loss of support, Loss of care, Funeral and burial expenses, and Attorney fees. You may also be able to request punitive damages for intentional harm or gross negligence. These damages go beyond compensating your family for the harm suffered. Instead, they serve the goal of punishing the person for their wrongful actions. The State may choose to criminally prosecute the defendant, but that is a separate legal action. A criminal prosecution punishes a wrongdoer by taking away their freedom. A wrongful death lawsuit is a civil action that will not put the defendant behind bars but seeks to financially compensate your family for the death of your loved one. If you think you might have a Kentucky wrongful death claim, you should contact an experienced attorney. At Gerling Law, we have helped grieving family members with wrongful death claims in Kentucky for decades. We have the experience to get the results you deserve while showing you compassion and respect. Contact our law firm for a free consultation. You’ll have the opportunity to ask questions and get to know our knowledgeable legal team. If we think we can help you, you should know that we work on contingency. This means you owe us nothing until we win your case. Review our decades of winning cases here, and call us when you’re ready to talk. Don’t trust the fight for justice and your family’s financial future with just anyone. Remember: Go with Experience. Go with Gerling.®

Continue Reading

| Read Time: 3 minutes | Nursing Home Neglect

How Common Is Abuse in Nursing Homes?

No one wants to think about moving a loved one to a nursing home only to find out they are at high risk for abuse and neglect. Unfortunately, abuse in nursing homes is a widespread problem that affects countless elderly patients across the country. If you have a loved one in a nursing home, it’s imperative to visit regularly and learn the warning signs of abuse. If you suspect your family member is being mistreated, you should also speak with an experienced nursing home attorney right away. Nursing Home Abuse Statistics It’s estimated that up to five million older adults experience abuse in a nursing home each year. According to the World Health Organization, around one in six people 60 years and older experienced some type of abuse in a community setting between 2017 and 2018. Elder abuse in nursing homes is rampant, with two out of every three staff members reporting they personally committed abuse within the past year. With almost one out of three nursing homes receiving citations for abuse, the problem is only getting worse. Types of Nursing Home Abuse Nursing home abuse takes different forms. The four most common types of abuse are physical, emotional, sexual, and financial abuse. Physical Abuse Physical abuse involves physical contact that results in harm. Examples of physical abuse include pushing, punching, slapping, or kicking a resident. Physical abuse is intentional, and it’s meant to cause the victim harm. Look for potential physical abuse signs such as bruises, cuts, broken bones, and other unexplained injuries. Emotional changes may be present as well, such as withdrawing from touch or startling easily. Emotional Abuse Emotional abuse is also called psychological abuse. Abusers typically manipulate elders through intimidation or threats, which can cause injury to a person’s emotional and mental state. Even keeping someone in social isolation can be a form of emotional abuse. While emotional abuse may not leave physical scars, it can lead to mental and emotional scars. In fact, it is common for emotional abuse victims to develop high levels of anxiety and depression. Watch for sudden changes in your family member’s demeanor, as such changes can signal that abuse is occurring. If they become unusually frightened by an individual staff member or other residents, complain about how the staff has treated them, or are suddenly terrified of being left alone, pay attention. Sexual Abuse No one wants to believe that sexual abuse happens in nursing homes, but it does. Unwanted sexual contact of any kind is sexual abuse. Potential abusers include both staff members and other residents. In rare cases, it may involve someone who is there visiting or is a temporary contractor. Unexplained wounds around the genitals, bruising, bleeding, torn undergarments, or a sexually transmitted disease can point to sexual abuse. The victim might also start to withdraw from activities or social gatherings, develop anxiety, or become depressed. Financial Abuse Financial abuse can also occur in a nursing home. Understandably, staff and residents may become friendly with one another over time. However, some nursing staff may not truly care about the residents. Instead, their friendliness may be a way of getting close to unsuspecting victims so they can exploit their trust. Be sure to routinely verify that all funds are still in your loved one’s bank account, that no property from the room is missing, etc. If there is something suspicious with your family member’s accounts, ask them what is going on. Look for unexplained spending habits, new donations, new subscriptions, missing credit cards, or missing checkbooks. Identifying and Reporting Nursing Home Abuse Unfortunately, nursing home abuse is not taken as seriously as it should be. Some warning signs are ignored when long-term care facilities dismiss potential issues as dementia or old age. However, it’s imperative to look for potential red flags and report any suspected abuse right away. If your family member is in immediate or life-threatening danger, call 911. Report the suspected abuse to the appropriate agencies, such as Adult Protective Services and the Long-Term Care Ombudsman.  Nursing home abuse and neglect affect both the victim and their families. A nursing home abuse lawyer can help victims and their families pursue justice against all responsible parties. At Gerling Law, we have decades of experience representing nursing home abuse victims in Indiana, Illinois, and Kentucky. We’ve recovered hundreds of millions of dollars on behalf of our clients.  Depending on the circumstances, we can file a lawsuit on your family member’s behalf. During litigation, we need to prove several elements to hold the nursing home accountable. The nursing home must have had a legal duty to care for your family member, which is usually easily proven through a resident contract. The nursing home must have breached its duty and failed to meet the resident’s needs. And finally, the resident must have suffered harm as a result of the breach that led to serious injuries. To learn more about how one of our nursing home abuse lawyers can help you and your family, contact our office today to schedule an initial consultation. If your loved one was abused in a nursing home, let us put our years of experience to work for you. We can help you and your family get the justice you all deserve. Remember: Go with Experience. Go with Gerling®

Continue Reading

| Read Time: 4 minutes | news

Step by Step: What to Do if You Suspect Nursing Home Abuse

When you move a loved one to a nursing home, you expect the nursing home will treat them with the respect and professionalism they deserve. However, nursing home abuse and neglect are problems plaguing facilities across the country. Do you know what to do if you suspect abuse in a nursing home? Taking the proper steps can help keep your family members safe and the nursing home from harming someone else. What to Do If You suspect Abuse in a Nursing Home At Gerling Law, our nursing home attorneys have years of experience with suspected abuse and neglect in nursing homes. Here are the steps you need to take when you suspect something is going on:  Remain calm. It’s easy to lash out and lose your temper. However, remaining calm is vital as you need to keep a level head when attempting to resolve this situation. Speak to the nursing staff about red flags and suspected signs of abuse before proceeding with other actions. If you don’t get a satisfactory response, look at more formal action. Talk with your family member privately, if possible. In some cases, family members are unable to communicate and may not be able to tell you what’s happening. Watch everything going on when you visit and take notes. If possible, get photos of injuries or things that stick out, like unsanitary conditions. Contact the police right away if your loved one is in immediate danger. Report any suspected nursing home abuse or neglect to the proper legal authorities. When you suspect nursing home abuse, it’s essential to contact a nursing home abuse lawyer right away. Please don’t wait around to see what happens, as it’s crucial to stop the abuse before it happens again. What Is Nursing Home Abuse and Neglect? Nursing home abuse is one type of elder abuse. Patients in nursing homes who are mistreated, neglected, or receive substandard care can be elder abuse victims. Nursing home staff have a duty to protect and take care of their residents. Failure to do so is a breach of duty, and the nursing home can be held accountable. What Causes Nursing Home Abuse? Numerous factors can lead to nursing home abuse. Staff turnover is typically high in nursing homes, and many facilities are understaffed. It is a stressful job, and staff members are often overwhelmed and overworked. Unfortunately, some staff members take out those frustrations on the residents. Lack of adequate training is also a common problem that can lead to neglect and abuse. It’s important to point out that nursing home abuse is not limited to staff either. While less common, residents are at risk for abuse from visitors to the nursing home facility. If the staff is not properly supervising residents, they can still be held accountable. What Are the Six Types of Elder Abuse? It’s crucial to familiarize yourself with the six main types of elder abuse so you can look out for signs of abuse and neglect in a nursing home. Physical Abuse Physical abuse involves threatening to inflict or inflicting injury or physical pain on a nursing home resident. It can also include depriving the person of a basic need, such as purposely withholding food. Potential signs include unexplained injuries, bruises, sprains, broken bones, marks on the wrists that suggest the use of restraints, etc. Emotional or Psychological Abuse Emotional or psychological abuse includes inflicting  mental pain, distress, or anguish on an elderly person through verbal or non-verbal actions. Actions can include intimidation, insults, threats, name-calling, and more. Potential warning signs to look for in your family member include being suddenly depressed or withdrawn, isolation, mood swings, appearing scared, and a change in sleeping patterns. Sexual Abuse It’s hard to fathom that sexual abuse is a problem in nursing homes. While not as common as physical or emotional abuse, it does happen. Sexual abuse is any non-consensual sexual act coercing or forcing someone to witness or participate in sexual activity. Elders who cannot communicate for themselves, have a disability that prevents them from consenting, or have Alzheimer’s or dementia are more at risk. Warning signs of sexual abuse in a nursing home include bruises on inner thighs or genitals, bleeding or pain in the genital area, torn or bloody underwear, panic attacks, and sudden withdrawal. Neglect or Abandonment by Caregivers When someone fails to provide necessary care, shelter, food, or protection, it can be considered neglect. Neglect is more than a mistake or accident; it is rooted in carelessness and disregard for the resident’s wellbeing. Examples can include failure to provide hygiene, clothing, essential activities, etc. Financial Exploitation Financial exploitation is also a common problem with elders, especially in nursing homes. This type of elder abuse involves the unauthorized or illegal use of a person’s financial resources. Someone in a trusting relationship with the victim could take property, get ahold of their ATM card and withdraw funds, coerce them to change their will, and more. Healthcare Fraud and Abuse When a nursing home employee mistreats a patient and then submits the payment of a claim for the services involved, it can fall under health care fraud. For example, a staff member may abuse a patient and then submit a claim to the resident’s insurance for the treatment required to treat their injuries. Other examples include medical identity theft, billing for services not provided, charging for medical equipment not received, and counterfeit prescription drugs. How Much Is a Nursing Home Neglect Case Worth? Without knowing the facts yet, it’s impossible to estimate what your nursing home neglect case is worth. We evaluate each case individually. Because no two cases are alike, no two settlements are precisely the same. Once we learn more about the type and extent of your family member’s injuries, we can provide you with an accurate evaluation. How a Nursing Home Attorney Can Help An experienced nursing home abuse attorney can help you recognize the warning signs of abuse and help you get the compensation your family is...

Continue Reading

| Read Time: 4 minutes | Dangerous Drugs

What Is the Average Wrongful Death Settlement?

Losing a loved one in an accident leaves their family and friends devastated. As they move through the stages of grief, they begin searching for answers and recognize the financial stresses associated with the loss of a loved one. Potential plaintiffs often ask what a wrongful death lawsuit average is when deciding if they want to pursue one. Unfortunately, there is no one average number. No two cases are exactly alike, so there is no way to compare cases to each other. The amount of compensation you can receive will depend on a number of factors. Understanding what a wrongful death claim requires and how damages are calculated can help the family decide how to proceed. What is a Wrongful Death Suit? Wrongful death is a civil claim brought by the deceased’s surviving family or personal representative against the negligent party. It is completely separate from a criminal charge, with a different burden of proof. Every state defines wrongful death in their own way, but there are common elements: Duty of Care. The plaintiff must show that the defendant had a responsibility to avoid behaviors that could cause foreseeable harm to the plaintiff (the deceased);  Breach of Duty. The plaintiff must show that the defendant violated their duty of care; Causation. The defendant’s violation/breach caused the person’s death; and Damages. The deceased and their family suffered injury or damage as a result. In these situations, the family has the option to file a wrongful death lawsuit and seek compensation. What Damages Are Available in a Wrongful Death Case? A wrongful death claim covers those losses experienced by the next of kin after the deceased’s death. These can include: Loss of future inheritance, Loss of parental guidance (if they had minor children), Loss of spousal companionship (also called consortium), Loss of the decedent’s benefits such as retirement, and Loss of the decedent’s future income. Depending on your state, you may also be able to pursue a claim for losses suffered by the deceased prior to their death, such as medical expenses and pain and suffering. Your attorney can help you understand the laws that apply to you. How Are Wrongful Death Damages Calculated? Because each case is so different, it’s hard to name a number, or even a range, for damages. However, there are several factors that may affect a settlement amount. Usually, the main consideration is the decedent’s status and circumstances at the time of death. Factors to consider include: Age of person at time of death; The deceased’s career, education, and earning capacity; Their state of health; Income at time of death; and The age and needs of the deceased’s legal dependents. The final amount of damages cannot be a guess. It must be supported by objective evidence, which can require expert witnesses. Because of this, it is so important to have a personal injury attorney on your side who knows how wrongful death cases work. If a case does reach a jury, the plaintiff can also ask for punitive damages. Punitive damages are intended to punish a defendant whose conduct is considered grossly negligent or intentional. Some states put a cap (limit amount) on this category. In Indiana, punitive damages are capped at the greater of three times compensatory damages or $50,000, whichever is greater. Kentucky and Illinois do not limit punitive damages. Who Can Bring a Wrongful Death Claim? Each state has its own laws stating who has standing to bring a wrongful death claim and who can collect damages. Usually, only immediate family members like spouses, children, and parents of unmarried children can recover damages in a wrongful death suit. Often, these individuals also have standing to bring the wrongful death suit. However, many states require a deceased’s personal representative (executor, executrix, or court appointed administrator) to bring suit on behalf of the family members. Is a Wrongful Death Settlement Taxable? The IRS considers any portion of a settlement or award that is “compensatory” as non-taxable. Compensatory damages are intended to repay someone for a loss that they have already sustained and are not considered “income” for tax purposes. If the case goes to trial and a jury awards punitive damage, the result may be different. It is possible that any punitive damages in a jury award or settlement may be taxed.  How a Wrongful Death Lawyer Can Help You Navigating a wrongful death claim can be complicated and overwhelming. You may be grieving and wondering if a claim is in the family’s best interest. Sometimes insurance companies contact family members shortly after an accident and offer an amount that seems substantial. But in most cases, their offer will be significantly less than the family’s actual losses. A wrongful death claim will take an additional toll on everyone involved, so having an attorney is essential. First, they will be your advocate against the responsible party, insurance company, or opposing counsel. They know the law and how to navigate the legal system on your behalf. The loss of a loved one cannot be reclaimed through a personal injury action. But a claim can compensate a family for emotional and economic harms so that they can begin to move forward. An experienced lawyer can help you negotiate a settlement or represent you at trial if necessary. Suffering the Loss of a Loved One? Go with Experience. Go with Gerling. Did you lose a family member or loved one due to the negligent actions of another? The team at Gerling Law is incredibly sorry for your loss, and we want to help you if we can. Our attorneys are dedicated advocates who will fight hard to get you the compensation you deserve after such a tragedy. We have successfully represented clients in Indiana, Illinois, and Kentucky in wrongful death suits and other personal injury matters for over 50 years. Call us at 866-651-2195 or fill out our online contact form to schedule a free case consultation today!

Continue Reading

| Read Time: 3 minutes | Nursing Home Neglect

COVID-19 and Nursing Homes: What You Should Know

COVID-19, coronavirus, SARS-CoV-2. Whatever you call it, there is no doubt your newsfeed and daily life have been affected by this illness in some way. More susceptible to COVID-19 are those with weakened immune systems. For example, the elderly. In fact, nursing homes are one of the most at-risk places when it comes to contracting the coronavirus. Let’s look at some numbers. More than 25% of Virginia’s nursing home residents have already died due to COVID-19. Over 100 residents and employees in just one nursing home in Kansas have contracted the virus. Overall, it is estimated that over 7,000 deaths from the virus have been linked to nursing homes. In Florida, it is reported that 1 out of every 4 cases of the virus has been contracted in a nursing home. What this means for you and your loved ones If you have a loved one in a long-term care facility, it is important you are aware of what is going on. It might seem like below-standard care is a new issue. However, don’t be fooled into thinking this is a new problem. Studies show that some nursing homes that have reported cases of COVID-19 have also violated federal regulations in years before. Specifically, regulations regarding infectious diseases. So, what does this mean for you? First, you’ll want to make sure that the nursing home staff are keeping you updated. Don’t be afraid to reach out and ask to speak to your loved one. Ask them simple, but important questions. How are they feeling? Have they told staff? Have the staff looked into complaints about not feeling well? Time is everything When it comes to coronavirus, or any infectious disease, time is everything. It is important your loved one receives proper care and treatment as soon as they start feeling badly. With lots of nursing homes being understaffed due to the virus, it is more possible than ever for something to be missed. If you or your loved one’s concerns are ignored and care is put off, there could be negative affects later on. What should you do? These troubling times have a lot of people considering whether or not they should pull their loved one from facilities. Before you make this decision, it is important to consider a few things. You might want to ask yourself, Do I have the ability to provide around-the-clock care? Is everyone in my house staying home, or are they still working, etc.? Trying to move your loved one during this time could possibly be more detrimental than you think. This is why we stress the importance of checking in with your nursing home to understand their policies and procedures regarding COVID-19. Peace of mind Also, do not hesitate to contact the nursing home your loved one is in. Ask them what they are doing to prevent the spread of COVID-19. Feel free to ask any questions concerning your loved one as well. Especially since most nursing homes have limited or temporarily suspended visiting times. It is also your right to pull your loved one from the nursing home if you feel that they will be safer at home, which is what some in New Jersey have done. Thankfully, the Trump Administration recently announced some new regulations for nursing homes. Nursing homes and long-term care facilities will be required to report any COVID-19 cases. Any cases of the virus must be reported to residents and their family members as well. Hopefully these new regulations will help prevent the rapid spread of the virus. How we can help you If you or a loved one became ill or suffered a serious injury or wrongful death due to negligence in a long term care facility, including contracting COVID-19, give us a call today to discuss your options. Our team would be happy to answer any questions you have. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Continue Reading

| Read Time: 2 minutes | Nursing Home Neglect

5 Signs of Nursing Home Negligence

There may come a time in your life when you must make the difficult decision to admit a loved one into a nursing home. This decision is never easy. Finding a nursing home you can trust takes time. When that trust is abused, and negligence occurs, recognize the signs and take action. Here are five signs of nursing home negligence. Three involve actual abuse (physical/sexual, financial, and emotional). Two involve neglect and abandonment. Following are the signs of nursing home negligence: Physical and Sexual Abuse Unexplained wounds or injuries are signs of physical abuse. Sometimes the injuries are not obvious. If possible, talk with your loved one about how they feel. For example, ask if they are in pain. Signs of physical abuse range from bruises to broken bones. Also, if a doctor sees your loved one quite often, ask why the need for so many visits. Be aware, the nursing home could be hiding injuries from you. Abuse can occur as sexual abuse. Sexual abuse includes sexually transmitted diseases or infections or injury to genitalia or the anal area. Again, these injuries may not be obvious, so asking your loved one questions is important. Financial Abuse Financial abuse happens often because most nursing home patients can’t manage their own finances. Signs of financial abuse include missing property and unexplained charges on bills. To this end, make sure you regularly check finances and ask about anything you don’t understand on the bill. Emotional Abuse Signs of emotional abuse include anxiety, fear of medical staff and refusing care. Because there is no physical evidence, emotional abuse is hard to prove. Ask your loved one how they like the nursing staff. In addition, ask if they have a favorite nurse. These questions may help you find out if anything is wrong. Negligence Negligence in nursing homes is failing to meet the standard of care for a patient that results in serious illness or injury. For nursing home patients, neglect includes being underfed, dehydrated, bad hygiene, or bedsores. Also, if your loved one complains about not being seen by a doctor when requesting one, this can be negligence. Abandonment Abandonment occurs when a patient’s conditions are unsanitary or dirty. Therefore, if the your loved one’s room, bathroom, bed or person is always dirty, the nursing home has been negligent. Abandoning a person who cannot care for themselves is heartless and wrong. If you believe your loved one has experienced nursing home negligence, it is important to seek legal help. Gerling Law is here to answer your questions. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464).

Continue Reading

| Read Time: 2 minutes | Dangerous Drugs

Your Wrongful Death Attorney

Unfortunately, at Gerling Law, our professional team is familiar with accidents that result in wrongful death. If you know someone who has passed away due to another person’s negligent behavior, we offer our deepest apologies. This time is difficult, painful, and unfair. To make the situation worse, these particular types of cases are often constricted by a statute of limitations. You and your family should be grieving at this time, not stressing over the legal process. Therefore, we invite you to leave the law to us. An Attorney Can Help According to the Centers for Disease Control and Prevention, more than 90,000 deaths occur throughout the United States due to medical malpractice, which is just one example of wrongful death. Wrongful death can occur from many types of accidents, including the following: an automobile accident, a slip, and fall accident, a workplace accident, a product liability accident, and more. As stated time and time again, accidents do happen every single day. However, when the accident could have been prevented, then the responsible party needs to be held accountable for his or her negligent actions. An educated and skilled attorney can help you. Firstly, the legal process can often be complicated and tedious. Second of all, it goes without saying that most clients, rightfully so, do not have a clear mind during this trying time. From tracking down witnesses to making phone calls on your behalf, at Gerling Law, our main concern is you. Contact a Gerling Wrongful Death Attorney Today Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Continue Reading

| Read Time: 2 minutes | Medical Malpractice

How to Move Forward After a Wrongful Death

A wrongful death experience is one of the most traumatic events anyone can go through. A wrongful death lawsuit occurs primarily when a person dies or is killed due to the negligence or misconduct of another party.It can be the result of medical malpractice, construction site carelessness, an auto accident, airplane catastrophe, criminal behavior, exposure to hazardous conditions, fires, explosions, and more. In a wrongful death action, the value of the victim’s life to surviving family members is measured by the victim’s earning potential, in combination with a number of other factors. But first, the death must be proven to be the fault of another. There are key components of every wrongful death case that must be proven to receive payment, and they include: the death was a direct result of the defendant’s negligence the death has adversely affected those filing the case, monetarily and/or psychologically the death of the loved one resulted in the present and/or future monetary losses that affect the family members Types of Compensation A wrongful death lawyer has the responsibility of obtaining appropriate compensation for several aspects of the survivor’s life such as: compensation for the survivors’ loss lost wages from the person who is deceased loss of benefits, such as pension plans or medical coverage lost companionship and damages for the survivors’ mental anguish, pain, and suffering funeral expenses Hiring Legal Representation The statute of limitations to initiate a wrongful death lawsuit differs from state to state, but it is a finite amount of time. If you have experienced the wrongful death of a loved one due to the negligent actions of another, and you live in the Evansville, Indianapolis, Louisville, or Owensboro area, it is important to contact a Gerling Law attorney as soon as possible. Our compassionate team of legal experts understands your grief. Although no one can replace the loss you are experiencing, our expertise will assure you receive the compensation you need to move on with your life.Call Gerling Law today at 888-437-5464 and let us guide you through this difficult process.

Continue Reading

| Read Time: 2 minutes | Car Accident

Go With Experience

If you are searching for legal counsel in Evansville, Indianapolis, Louisville, Owensboro, or surrounding communities, contact Gerling Law. Our lawyers have one purpose: to make your life better through assertive advocacy, legal experience, and a commitment to results. For over five decades, our firm has helped individuals get their lives back after an accident or when they can no longer work due to an injury or illness. We are dedicated to getting the compensation you deserve and have a solid reputation as a large settlement attorney law firm. “I am proud that Gerling Law is a leading personal injury law firm. We have represented thousands of people over the past 50 year and obtained recoveries totaling more than $300 million,” stated Owner Gayle Gerling Pettinga. Professional Results Just some of the recoveries made by Gerling Law include: $7.5 Million Settlement; Brain Injury to Child; Auto and Tractor-Trailer Collision $3.01 Million Judgment; Permanent Brain Injury; Motorcycle – Tractor-Trailer Collision $2.5 Million Settlement; Wrongful Death; Auto and Tractor-Trailer Collision $2.1 Million Settlement; Traumatic Brain Injury; Motorcycle and Tractor-Trailer Collision $350,000 Settlement; Burn Injuries; Propane Tank Explosion $225,000 Settlement; Shoulder Injury; Pedestrian Struck by Auto Of course, these results are provided for informational purposes only and are not to be considered as a promise or guarantee as to the outcome of your specific case. Each case contains different facts and circumstances. The facts and circumstances of other cases will likely differ from the facts of the cases listed. Contingency At Gerling Law, we work on a contingency fee basis. That means you don’t have to pay us anything upfront or directly. We get paid only at the end of your case and when your case ends successfully. If your case is not successful, and you do not receive any kind of financial recovery, we will not charge you for the services we provided on your behalf. You’ll owe absolutely nothing. A Final Word Gerling Law has successfully represented clients from every walk of life and with every sort of legal challenge. We are confident that we can assist you with your legal needs. Clients are always treated fairly and with courtesy and respect. Every case receives the highest-quality representation matched by unparalleled integrity to obtain the compensation you deserve. Call the Gerling Firm today at 888-437-5464 for a no-obligation initial consultation.

Continue Reading