California Elder Abuse Lawyer Blog

October 22, 2021

What to Do if You Have an Accident with Your Rental Car

Even with Labor Day in the rear view mirror and children returning back to school, it doesn’t mean that everyone is content to remain at home. Since the pandemic kept much of our wanderlust at bay, there’s still an urge amongst many to hit the road even past the summer months. Combined with more business re-openings, more people will also take to the skies for business travel, which often means renting a car. Although using a rental car is convenient, it does come with its fair share of risks. Read on to learn about tips for protecting yourself if you rent a car and what to do if you are in a rental car accident.

Personal Insurance Policies and Rental Cars

If you’re worried about your rental, look to your personal insurance coverage; make sure that it covers rental car accidents. Many insurance policies often cover the driver and not just the vehicle, so, your personal insurance may protect you in the event of a collision. It is best to verify this prior to your trip.

October 15, 2021

Top 5 Wage and Hour Violations that Employers Commit Against Employees

By Walton Law, A.P.C.

Even in the most pleasant working environment, there are things that we don’t like about our workplace. When you’re on the job and your employer does things that don’t seem right, keep in mind that their actions might not only be unfair, but that they may also be against the law. For instance, wage theft occurs when your employer denies you the wages and benefits that they are supposed to give to you. This is a general category of wrongdoing by employers, but there are specific elements that you want to watch out for. You want to be able to recognize when your rights are being violated. Read on to learn about top five wage and hour violations that employers commit against employees.

Work without pay: Everyone should be paid for the work that they do. However, employers don’t always fulfill this obligation. Not being paid at all is the most blatant form of wage theft. This can occur when there is no pay at all or more likely when you’re not being paid for certain wages. For example, if you’re a non-exempt employee, you’re eligible for overtime pay if your employer requests that you work more than 40 hours in a week. If you work these extra hours but aren’t given the extra pay or are asked to work “off the books,” then you would likely be entitled to receive compensation. Other examples are when employers don’t pay employees for travel time from site to site or not paying an employee’s final paycheck.

Failure to make timely payments or not paying the right amount: You’re supposed to receive your pay on the agreed upon time and for the agreed upon amount. If your employer doesn’t deliver your paycheck on time or if the amount is less than your hourly rate for the hours you worked, it is a violation. This includes overtime on commissions and regular wages.

October 8, 2021

Why Do People Get Infections in Nursing Homes?

By Walton Law, A.P.C.

Placing a loved one in a nursing home can feel like a great solution. You don’t have to worry about them being home alone where they can’t do things for themselves. However, there are many issues to worry about when they do make the transition to a nursing home. One of the unfortunate things that accompanies these living conditions is the high risk of infection. Read on to learn about why this is such a hazardous environment and what nursing homes should be doing to prevent infections.

Risk Factors for Infections in Nursing Homes

There are various reasons why nursing home residents are likely to get infections, including the following:

September 24, 2021

Women are More Likely to Experience Nursing Home Abuse

By Walton Law, A.P.C.

Nursing home abuse takes place when caregivers harm residents of the facilities. Whether it’s intentional or unintentional, it’s still considered abuse and the consequences can be dire, with the end result of distress, physical pain, medical injuries, or even death in extreme cases. Certain groups are more vulnerable than others when it comes to abuse; like many other types of abuse, victims of nursing home abuse are more likely to be women.

Women are More Likely to be Elder Abuse Victims

For elder abuse in general, studies have shown that individual-level factors which may increase the risk of abuse include the gender of the victim. Women likely have a higher risk of more constant and severe forms of injury and abuse.

September 17, 2021

Factors to Consider When Selecting a Nursing Home

By Walton Law, A.P.C.

A nursing home helps to provide a living situation for adults who have difficulty living on their own. Elderly adults can get assistance with meals, housekeeping, medical care, activities, and transportation, among other services. The first step is deciding that it’s time to consider placing your loved one into a nursing home. The next step is you to decide as a family the best place to make their new home. In no particular order, here are the main factors to think to help with your selection of a nursing home.

Location

One of the first things that you should consider when deciding on a nursing home is the location. For instance, it might be a deal breaker if a facility is not located close enough to where family members live. Another key element location is the proximity to hospitals and medical centers because this can be very important to a resident’s health. Additionally, the location may come into play due to the laws that can affect their residency. You should also pay attention the layout of the facility and whether it’s appropriate for your loved one’s specific needs, like mobility issues.

September 10, 2021

How Social Media Can Hurt Your Personal Injury Claim?

By Walton Law, A.P.C.

Silence is golden. Or at least it probably should be when it comes to social media and personal injury claims. It may start out innocently. You were involved in a serious car accident and suffered severe injuries. You make some social media posts because your friends and family are worried about you, and you want to ease their concerns. Social media is increasingly becoming more of our mode of communication. However, relying so much on social media can cause harm to your personal injury claim if you aren’t careful because much of the information obtained is fair game. As soon as you were involved in your accident or event, you want to make sure that you don’t jeopardize your upcoming case or current one.

Confidentiality

You shouldn’t talk about your potential claim or your case and certainly should not disclose certain details with anyone except an attorney. With your lawyer, the things that you talk about are confidential, and protected under the attorney client privilege. However, you lose that privilege the moment that you post something online; it is now public information. The general public, including the other side, can now be privy to the following:

September 3, 2021

Can I Sue for Hostile Work Environment if I Work from Home?

By Walton Law, A.P.C.

A work from home (WFH) schedule offers many benefits to employees. You’re spending less money and aren’t stressing out from a long commute and can go to work without ever leaving the comfort and convenience of your home. But at the same time, this more laid-back atmosphere may lead to situations that are ripe for illegal harassment. Even without being physically at the worksite, you’re still subject to some of the same challenges that you can encounter in the physical workplace.

A remote setting can’t negate a hostile work environment although it may change the number of claims arising in the workplace and the way that the harassment occurs. It’s very early to say how the increase in WFH workers will impact instances of hostile workplaces. However, when there isn’t a centralized worksite, people are less connected and fell less accountable for their conduct. It’s possible to be a victim of a hostile work environment even as a WFH employee, and it’s possible to sue your employer if you have a valid claim.

What is Considered a Hostile Work Environment?

August 27, 2021

Questions to Ask Nursing Home Residents about Abuse

By Walton Law, A.P.C.

The statistics about the frequency of nursing home abuse and neglect are far too common. It doesn’t even take in consideration, the numerous cases that go unreported every year. When it does happen to them, nursing home residents may be reluctant to speak out because they are afraid that reporting it will result in additional abuse. Sometimes victims of abuse carry shame and embarrassment and sometimes they suffer from dementia and other ailments which make it difficult to report the mistreatment. To help protect your relatives and loved ones, you can ask them questions that can get them talking and can result in exposing nursing home abuse.

Questions about Daily Activities

It’s important to ask about the residents’ daily activities and whether anyone is interfering with them. When this does occur, it can be considered willful deprivation and shows signs of neglect or a form of emotional abuse that attempts to exert control over individuals. Here are questions to ask:

August 20, 2021

Why Well-Timed Hospital Care is Significant to Nursing Home Residents

By Walton Law, A.P.C.

When you and your loved one decides that it’s time for them to move into a nursing home, you have likely made the decision based on the difficulty of them staying in their own home. You expect to depend on the care that they will receive from the nursing home staff. On some occasions, your loved one may need additional help that the nursing home can’t directly supply.

When something goes wrong with a nursing home resident, the first course of action is often to treat the problem onsite first. Depending on the level of harm, this may not be enough to treat the resident. The type of medical issues that older people generally have may require more specialized care that makes a visit to the hospital necessary.

This is why efficient hospital care is a pivotal part of an elderly person’s health care management and should be part of the consideration for nursing home residents. Included in this plan is making certain that speedy transportation is readily available.

August 13, 2021

How Do I Work with an Attorney on a Contingency Basis?

By Walton Law, A.P.C.

Many people are reluctant to hire a lawyer because they don’t think they can pay for legal fees out of pocket. Obviously, lawyers operate businesses and are paid for the work that they do. However, in personal injury cases, attorneys often don’t require payments from their clients at the onset. Instead they offer their services on a “contingency fee” basis.

The contingency fee arrangement allows an individual who has suffered a personal injury a way to hold those responsible accountable and to get the compensation that they deserve even if they can’t afford an attorney outright. This way they can seek out justice without the expense of a hefty monthly attorney bill that most other types of clients receive.

What is a Contingency Fee?