Gibbs & Sellers, PCDemopolis Personal Injury Attorney | Gibbs & Sellers, PC 2024-02-14T22:41:03Zhttps://www.gibbsandsellers.com/feed/atom/WordPressOn Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=471872024-02-14T22:41:03Z2024-02-14T22:41:03Zmay fail to recognize the true impact their injuries may have on their daily lives. So-called invisible injuries may take time to develop or may not present obvious symptoms immediately after someone gets hurt.
What kinds of injuries do people overlook?
Invisible injuries are typically internal injuries. For example, someone might have a stable fracture. They may have broken a bone in their arm, but the fractured sections of bone remained aligned. It may only be when they exert themselves or suffer a secondary trauma that the affected body part becomes so painful that they cannot use it.
Brain injuries are also invisible, internal injuries. People may not realize that they are at risk of a brain injury and could overlook early symptoms. In some cases, they may not have any early symptoms until the injury worsens. The same is sometimes true of internal bleeding in the abdomen are torso. It may only be when the bleeding continues for several days that someone notices the signs of their injuries and seeks proper medical care.
Not only do certain injuries take a while to present symptoms, but the body's response to the trauma of a car crash could cover up the signs of their injuries. Therefore, those involved in major collisions might benefit from seeking proper medical evaluation shortly after the crash occurs. They also need to prepare themselves for the possibility that family members, employers or the other party at fault for the incident may not give their condition the respect it deserves.
A quick diagnosis not only improves someone's prognosis but may also make it easier for them to get compensation later and to convince others of the long-term impact of an injury they cannot see. As such, understanding that sometimes serious injuries aren't easy to spot may help people better handle the aftermath of a motor vehicle collision.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=471862023-12-14T04:12:43Z2023-12-14T04:12:43ZEssential tasks you must do
One thing you should never skip when you have suffered an injury at work is to get a thorough medical exam. Getting prompt medical attention is essential for your workers' compensation claim, as it helps prove you sustain injuries on the job and not elsewhere. Some injuries resulting from falls, such as concussions and broken bones, require immediate attention. Quick medical attention also sets the stage for getting the right follow-up care, even before the insurer approves your claim.
Another essential step involves reporting the injury to your employer as soon as possible to make it clear that the accident happened on the job. Also, follow up to ensure that the company files a report with its workers' compensation insurance provider and obtain a copy for your files.
In addition, you should also take the following steps:
Gather contacts relevant to your care and keep them handy
Give your doctor details about how you suffered the injury
Follow all medical advice
Keep copies of work-related medical advice
Send all medical bills to your employer
Seek additional medical care if you don't receive proper attention
Getting the compensation you deserve
Workers' compensation is often tricky, as you must follow stringent requirements to achieve a successful claim. Many employers and their insurance carriers try to deny compensation by claiming you caused the accident or your injuries did not result from a work-related incident. An initial denial doesn't mean you'll pay for your work-related injuries.
Proper and thorough documentation of your slip-and-fall accident and the subsequent injuries can help prove your claim. Documentation is also essential if you are temporarily or permanently disabled. Remember, you have a right to pursue adequate medical treatment whenever you have been injured on the job.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=471842023-10-12T20:38:32Z2023-10-12T20:38:32ZThe electrical dangers of mill maintenance
Any machine that runs on electricity presents a potential hazard. Regular maintenance often involves getting close to the moving parts of a device. If someone activates the machine while it is receiving care, the resulting workplace injuries can be tragic, and workers' compensation will be awarded to help with the recovery process.
Electrocution is a critical concern when working with energized assets. Even though the machine may be powered down, unintentional contact may release stored energy from ungrounded components. In the worst case, this hazardous energy erupts in a highly dangerous arc flash.
Some of the workers’ compensation claims associated with electrical releases include:
Second and third-degree burns
Eye damage
Nerve damage
Cardiac arrest
Fall injuries after a shock
Preventing electrical hazards during machinery maintenance
The first step in preventing injuries during machine maintenance is developing an electrical safety plan. This policy will list safety protocols employees must follow when servicing machinery. By creating a safety checklist, the mill can prevent unexpected electricity releases.
Wearing adequate personal protective equipment (PPE) is another safety step. Maintenance crews should rate every machine for its potential danger and ensure the facility provides appropriate gear.
Robust lockout/tagout (LOTO) policies are essential to employee safety. LOTO devices restrain switches and breakers in the off position, preventing workers from unintentionally energizing machines while under service. However, employees must use them consistently throughout the facility to promote safety.
Keeping employees safe through training
Policies and procedures will only be effective if employees receive appropriate training. Facilities must offer regular safety training sessions as part of onboarding and continuing education efforts. Education and awareness are the primary tools for promoting a safe work environment.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=470542023-08-15T21:44:18Z2023-08-15T21:44:18ZDo you qualify for SSDI?
The SSA is strict about Social Security disability requirements. You will not receive SSDI if you fail to meet the requirements. First, you’ll need to have worked jobs covered by social security. Second, you’ll need a mental or physical condition that is considered a disability by the SSA.
Work requirement
You need social security work credits to qualify for SSDI. For example, if you apply for SSDI before the age of 24, you’ll need six work credits earned in a 3-year period before your disability.
Another example is if you apply for SSDI when you’re at least 31 years old or older, you’ll need 20 work credits in the 10 years prior to your disability. Work credits depend on your yearly wages or self-employed income. You can earn up to 4 credits in a year, but the income you must earn to get a credit will change yearly.
Disability requirement
The SSA only pays for total disability. If you’re partially disabled or have a short-term disability, the SSA will deny your SSDI request. The SSA will review your disability and decide if it falls within the SSA definition of disability.
Your disability must make it impossible for you to work or find gainful employment. The disability must also make it impossible for you to do work you’ve previously done. It must also make it impossible to learn a new skill because your disability prevents it.
Another requirement is that you must have had the disability for at least one year. If you haven't had the disability for a year, you must expect to have it for at least a year or result in death.
If you meet the SSA work credits and disability requirements, you are possibly eligible for SSDI. You can apply online or visit your local SSA office.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=470512023-06-13T18:24:24Z2023-06-13T18:24:24ZTake swift action after you are injured
After you have an injury, you'll need to act quickly. There is a statute of limitations in many instances that will affect the actions you can take, such as whether you can make a claim to have another party held responsible and have a chance to receive compensation. This is different in each state, and the personal injury statute of limitations is two years in Alabama.
Gather your evidence
There are some details about your injury that you won't be able to provide on your own. This is why you need to have documentation and provide it to the experts who will handle your case. These experts can look through medical reports, communications between you and the other parties involved, and anything else to explain your injuries. Thorough document can shed light on what damages have occurred and who is responsible for what happened. Strong evidence will enable the experts to determine whether you have a personal injury case, hence the critical importance of good documentation.
Cases can take time
No matter how clear it is that you have a case, it takes time to develop the case and work out the details, and this includes working out a settlement or bringing the case to court if it's more complicated. You'll need to be prepared to be patient and fight for the long haul.
Personal injury cases are a difficult matter. You will benefit from having a competent professional with a background in personal injury on your side. This will prevent much of the hassle of going through this long process only to discover the case has fallen apart.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=470492023-04-13T20:02:30Z2023-04-13T20:02:30ZThe elements of negligence
Typically, you'll need to show that the defendant breached a duty of care in the moments prior to the event that led to your injuries. This generally means that the defendant knew or should have known that an action was unsafe even if there was no intent to hurt you. For instance, this may be the case if the defendant was drunk when causing an accident that resulted in bodily injury. Furthermore, you must be able to show that you incurred financial losses that were the direct result of a defendant's negligent behavior.
Negligence may be shared
It's possible that you will be found at least partially responsible for a car accident or slip-and-fall incident that is the impetus for a personal injury lawsuit. Under Alabama law, you may be barred from collecting compensation in such a scenario as the state uses a contributory negligence system. For example, you may not be entitled to any damages for a car wreck if you followed too closely or ran a red light prior to impact.
You might be liable for a slip-and-fall if you failed to heed a wet floor sign or were distracted in the seconds prior to falling. Distractions may include listening to music, looking at your phone or taking other steps that make it unnecessarily difficult or impossible to maintain your duty of care to yourself.
Typically, a personal injury case is decided based on the strength of the evidence provided during settlement talks or at trial. You may be able to use witness statements, video footage or photos of the accident site to show that the defendant was responsible for medical bills or other expenses related to your accident.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=470482023-02-14T03:38:19Z2023-02-14T03:38:19ZReasonable care
Big-box retailers are expected to do all that they reasonably can to protect shoppers from dangerous conditions that they either know about or should know about, and shoppers are expected to pay due care and attention at all times. When a customer slips and is injured, companies like Walmart often claim that they ignored warning signs or did not look where they were walking. They can also introduce footage recorded by security cameras in premises liability lawsuits to support these arguments. Some retailers even have nurses or doctors on hand to assess injuries before customers are transported to hospital.
$16.4 million verdict
This all means that big-box companies are more likely to fight slip-and-fall claims in court than smaller retailers, but taking that path does not always work out well for them. In April 2016, a Nevada woman was awarded $16.4 million in compensatory damages in a case she filed against Lowe's. The woman fell on a concrete floor and suffered a permanent head injury because water had seeped from a row of potted palm trees. The jury concluded that Lowe's acted negligently and should have addressed the danger even though security footage showed that a warning cone had been placed in the vicinity.
An expensive mistake
Big-box retailers deal with a lot of slip-and-fall claims, so they know how to fight them. If you are injured in a store like Walmart or Target, you can expect to be accused of negligence by lawyers who have litigated dozens or even hundreds of these cases. However, that does not mean you should be deterred. When retailers choose to take slip-and-fall cases to court, it can be a very expensive mistake. This is because juries tend to come down hard on defendants with deep pockets in cases where the plaintiffs have suffered serious injuries.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=470462022-12-19T17:32:19Z2022-12-15T17:31:41Z2.5 million people in the United States develop bedsores each year. This issue can be especially painful for elderly care home residents as it compounds other health problems they may already be facing.
Causes of bedsores
Bedsores are caused by a combination of factors, including poor hygiene, poor nutrition, and lack of movement. Poor hygiene can lead to skin irritation and infection, which can increase the risk of bedsores. Poor nutrition can also increase the risk of bedsores, as it can lead to weakened skin and decreased healing ability. Finally, lack of movement can lead to decreased circulation, which can increase the risk of bedsores.
Effects of bedsores
The effects of bedsores can be serious. Bedsores can cause pain and discomfort for the patient, as well as increased risk of infection and sepsis. Additionally, bedsores can lead to increased medical costs and longer hospital stays.
Prevention of bedsores
There are several ways to prevent bedsores. Proper hygiene is essential, as it can help to reduce the risk of skin irritation and infection. Proper nutrition is also important, as it can help to strengthen the skin and improve healing ability. Finally, regular movement is vital, as it can help to increase circulation and reduce the risk of bedsores.
Signs of nursing home neglect to look for
Apart from bedsores, other signs of neglect to look for include malnutrition, dehydration, and other medical issues. Residents may also display signs of emotional distress, such as withdrawal from activities they used to enjoy or changes in behavior.
Furthermore, a lack of cleanliness, inadequate staffing and a lack of attention to medical needs can accompany bedsores in a nursing home patient. It is critical to be aware of these signs and to take steps to ensure that your loved ones are receiving the care they need.
Bedsores and nursing home neglect
Bedsores are a common problem in nursing homes, caused by a combination of factors such as poor hygiene, poor nutrition, and lack of movement. Nursing home neglect is a serious issue that can have devastating consequences for elderly residents. Physical, emotional, and financial abuse, as well as neglect of basic needs such as food, water and hygiene, can accompany bedsores and victims should receive care immediately.
Being aware of the signs of neglect can help family and other visitors catch substandard treatment before it affects the resident. When visiting care home residents, always be on the lookout for these tell-tale signs.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=470442022-10-11T00:38:56Z2022-10-11T00:38:56ZHow do construction site fatalities occur?
One of the most common ways construction site fatalities occur is due to "struck by" accidents. These accidents involve a worker getting hit by an object, usually from a height or propelled by a machine. Worker electrocution is another cause of casualties, especially if the worker operates machinery when the electricity comes into contact with them.
Falls are another leading cause of construction site fatalities. Workers fall from roofs, scaffolds or ladders and sustain severe injuries. Even a fall from a relatively short height can be catastrophic. Finally, construction workers can also die from asphyxiation if exposed to toxic fumes or become trapped in a collapse.
Wrongful death lawsuits
In some cases, the family of a construction worker who dies on the job may decide to file a wrongful death lawsuit. A wrongful death lawsuit is a civil action that a surviving family member can file against someone who has caused the death of another person through negligence or recklessness. It involves the deceased person's family seeking damages from the responsible party. If you've lost a loved one in a construction accident, you may wonder if you have grounds for a wrongful death lawsuit.
The consequences of a construction site fatality can be far-reaching and include an impact on the victim's family and loved ones, who must cope with the tragedy of losing a loved one. But there's also the financial impact on the family. A construction worker who dies on the job leaves behind dependents who may now be struggling to make ends meet. That's why taking the necessary steps to protect your rights and pursue any legal action that may be available is crucial.]]>On Behalf of Gibbs & Sellers, PChttps://www.gibbsandsellers.com/?p=470412022-08-16T23:42:13Z2022-08-16T23:42:13ZEmphasize the dangers of impaired and distracted driving
Ideally, your teen will not be allowed to transport passengers with him or her to work, school or other destinations. Furthermore, your son or daughter should install apps on his or her cell phone that prevent it from sending or receiving calls or texts while a car is in motion. You should also emphasize the potential penalties of driving while impaired, such as jail time, a fine and an inability to drive until reaching age 21.
Model good behavior
If you want your teen driver to take you seriously, you have to set a good example. Young people generally don't listen to authority figures who tell them to do something that they, themselves, aren't willing to do. Therefore, if you want your child to obey the speed limit, you must do so yourself. Additionally, you should refrain from using your cell phone or driving while under the influence of any drugs or alcohol.
There should be consequences for bad behavior
You should be willing to revoke your teen’s driving privileges if he or she drives after consuming alcohol or with a friend in the car. Although your teen may not appreciate your strict rules, it may be the only way to prevent a serious motor vehicle accident from occurring.
If you are hurt in a motor vehicle crash caused by a negligent driver, you may be able to receive compensation. This money may help you pay for the treatment of broken bones, internal bleeding or other injuries caused by the defendant's reckless actions.]]>