How to Prove Fault in a Slip and Fall Injury

Slip and fall injuries are common, but the lawsuits can be a challenge to prove in court. It’s important to know the evidence and proof needed to make a solid case and get you the compensation you deserve. At Turnbull, Holcomb & LeMoine, PC, our team is here to provide guidance on navigating tricky process to prove fault in a slip and fall. Read on to learn more.

What is a Slip and Fall Case?

A “slip and fall” case is defined as any injury that occurs on someone else’s property. It is a type of premises liability case where the lawsuit is brought upon the landowner or property owner to hold them liable for the injury.

The injured party is considered the plaintiff, and the landowner or property owner is the defendant. The outcome of a slip and fall case often depends on if the judge determines whether or not the plaintiff was considered a trespasser or lawfully on the property.

Liability for Slip and Fall Accidents

If you find yourself in the position of gathering evidence to support a slip and fall injury, you’ll most likely have to prove negligence of the property owner in one of the following ways.

“They Should Have Known”

Many personal injury attorneys will argue that the property owner or an employee of the property should have been aware of the dangerous conditions present. This is a common argument used to claim a reasonable person in that same position would have been aware of the dangerous condition and resolved it before someone got hurt.

Turning a Blind Eye

If you suspect that the property owner or an employee of the property had knowledge of the dangerous condition but neglected to resolve the issue, you’ll have to prove that they turned a blind eye to the danger at hand.

The Property Owner is At Fault

There’s a chance that the property owner themselves or an employee caused the dangerous conditions themselves. This could be them neglecting to clean up after themselves, improperly securing items, hazardously running cords across the floor, etc. You will also need proof of your medical records and bills, incident reports, and photographs of the hazard.

What Evidence Do You Need to Prove Fault in a Slip and Fall?

In a slip and fall case, you’ll hear the term “reasonable” come up often during negotiations or litigations. This means that in order to prove the property owner was negligent and liable, you must show that they failed to act as a “reasonable” person should act in the given scenario.

Before taking the case to court, you must prove fault in a slip and fall. Therefore, the plaintiff should ask themselves the following questions to determine if the property owner is truly liable.

Was the dangerous condition present long enough for the property owner or employee to take notice and resolve the issue?
Did the property owner currently have a policy or procedure in place to check for potentially hazardous situations on the property? If they did, can you refer to a logbook or record of the procedure being followed prior to the incident?
Could the incident have been avoided by warning signs being placed in the area, preventing access to the area, or preventative measures being taken to resolve or relocate the hazard?
Was there a reasonable justification for the existence of the dangerous condition?
Was visibility or lighting a factor in the incident?

By asking these questions, you’ll be able to determine what evidence is needed to back up your story. Get witness accounts if others were present, ask for surveillance footage, request schedules to understand who was working, get logbooks for proof of diligence of safety procedures and sort forth.

It’s all important to get what you deserve most – winning your case.

Recovered $32.5 Million Settlement Verdict – Turnbull, Holcomb & LeMoine, PC Gets Results

Our team is also proud to support the next generation of legal talent, helping associate attorneys learn and grow – and one day, advocate for accident victims nationwide. Get in touch to learn more!

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Our successful track record proves that experience gets results. Our trial lawyers have handled a wide variety of personal injury lawsuits, including the following:

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

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Alan Holcomb

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At Turnbull, Holcomb & LeMoine, PC, our national trial lawyers have proven experience managing accident lawsuits from one state to the next. Millions in referral fees back up our reputation for success – and have earned our fellow attorneys’ trust.

With hundreds of millions of settlement verdicts, you can feel confident that your client is in the most capable hands.

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Alcohol & Drug-Related Injury Cases & the Constantly Developing Area of Toxicology Admissibility

The area of toxicology admissibility is a complicated legal issue that comes in personal injury cases time and time again. Sometimes, when a court takes biological samples, like blood or urine samples, as evidence, it can raise more problems than they solve.

It’s become known that urine samples can show traces of drugs and alcohol from an earlier instance that does not correspond with the time of an accident, but how can this affect your case? Our skilled personal injury team at Turnbull, Holcomb & LeMoine, PC are here to provide insight on navigating your client’s alcohol and drug-related cases. Read on to learn more.

What is Toxicology Admissibility?

If evidence is admissible in court, that means it is relevant to the case and isn’t considered hearsay, prejudicial, confusing, or a waste of time. Toxicology admissibility is when evidence of drug or alcohol use can be introduced against a defendant in a case.

When presenting toxicology reports admitted as evidence, it’s important to argue its importance to the question the court is trying to answer while going through the trial.

Most Common Accidents Involving Alcohol or Drug Use

It is a known fact that alcohol and drug use can impair the user’s motor and cognitive abilities, commonly leading to a variety of accidents.

Car accidents: Drugs and alcohol are a factor of nearly one-third of all automobile accidents.
Workplace accidents: Alcohol or drugs are commonly found in the bloodstreams of those involved in workplace accidents, with 16% of ER patients testing positive for alcohol following a workplace injury.

Intentional violence: Alcohol and drug use affects a person’s mental state, as well, reducing inhibitions and leading to violent acts that may not occur while sober.

Falls: Whether it’s at a bar, a sports game, or otherwise, we’ve all seen the stumbling drunk person. This could lead to that person falling and being injured or causing another patron to trip or fall due to their negligence.

Understanding a “Presumptive Positive” Test

A presumptive positive is when a urine test does not present a definitive finding on the status of the substances in a person’s system at the time of the accident. The key here is “at the time of the accident.” A presumptive positive cannot establish a person’s level of impairment when the accident occurred.

The results commonly come from a rapid drug test that only yields a positive or negative. These results may be sent off for further testing if that is available or necessary.

Recovered $37 Million Settlement Verdict – Turnbull, Holcomb & LeMoine, PC Gets Results

Here at Turnbull, Holcomb & LeMoine, PC, our top-notch trial lawyers have earned incredible results on behalf of accident victims. We have honed our courtroom approach over the years to ensure our clients receive the compensation they deserve. Our team is also proud to support the next generation of legal talent, helping associate attorneys learn and grow – and one day, advocate for accident victims nationwide. Get in touch to learn more!

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Our successful track record proves that experience gets results. Our trial lawyers have handled a wide variety of personal injury lawsuits, including the following:

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

View All Our Practice Areas

Meet Your National Trial Lawyers

Brett Turnbull

Alan Holcomb

Bobby LeMoine

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People Also Searched

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Accepting Attorney Referrals

With hundreds of millions of settlement verdicts, you can feel confident that your client is in the most capable hands.

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Assumption of Risk and How it Affects a Personal Injury Case

When seeking legal help for your accident, whether it be work-related or otherwise, you’ll most likely hear your legal team refer to the “assumption of risk.” The assumption of risk will come up in your case when discussing who is liable for the damages. At Turnbull, Holcomb & LeMoine, PC, we’re here to help you understand the assumption of risk and how it affects your case. Read on to learn more.

What is Assumption of Risk?

The assumption of risk is a legal doctrine where the plaintiff cannot solely place responsibility on the defendant if the plaintiff was aware of the risk of injury when the accident occurred. This keeps a plaintiff from seeking damages when they voluntarily or knowingly put themselves in dangerous conditions.

In court, the defendant must prove that the plaintiff had knowledge of the risk, expresses acknowledgment of the risk through a verbal or written agreement, or implies they are aware of the risk through words or actions.

The assumption of risk often comes up in premises liability cases, where “Enter at your own risk” or “No trespassing” signs were posted. When signs are posted or waivers are signed, you are acknowledging and accepting the risks at hand.

What if you Signed a Liability Waiver?

Most waivers include an assumption of risk clause, especially when there is an obvious risk, such as extreme sports. A business protects itself with a waiver by fully spelling out the potential or obvious risks involved, whether it’s in a workplace, during a potentially risky activity, or even renting a car, for example.

If an accident or death does occur after signing a waiver, you can seek legal help to explore any options you may have. It is important to read the waivers beforehand to understand the risks.

Consequences of Assumption of Risk

It is important to know when you agreed to the assumption of risk, as it can affect your case. Risk assumption may keep you from receiving a trial by jury or insurance benefits. An assumption of risk can also keep you from seeking justice from the defendant.

Any type of risk assumption, whether expressed or implied, can unfortunately leave you without the compensation you deserve for medical bills, damages, missed work, pain and suffering, and more.

Need to File a Personal Injury Lawsuit? Hire an Experienced Trial Lawyer Near Me at Turnbull, Holcomb & LeMoine, PC

The assumption of risk is a common legal doctrine used in waivers and in the courtroom, so it’s important to know how to protect yourself. Our experienced lawyers at Turnbull, Holcomb & LeMoine, PC are here to fight for you in the courtroom. Call us today and we’ll be there for you.

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Our successful track record proves that experience gets results. Our trial lawyers have handled a wide variety of personal injury lawsuits, including the following:

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

View All Our Practice Areas

Meet Your National Trial Lawyers

Brett Turnbull

Alan Holcomb

Bobby LeMoine

View All Trial Lawyers

People Also Searched

View More Helpful Articles

Accepting Attorney Referrals

With hundreds of millions of settlement verdicts, you can feel confident that your client is in the most capable hands.

Discover More on Attorney Referrals

The post Assumption of Risk and How it Affects a Personal Injury Case appeared first on Turnbull, Holcomb & LeMoine, PC.

Why Roads Are Becoming More Dangerous for Pedestrians | Lawyer Explains

As traffic increases all over the country, pedestrian-friendly roads now seem few and far between. Many communities have increased efforts to accommodate pedestrians, but safety during your stroll is still a concern. Pedestrian accidents are still common, so if you or a loved one are unfortunately struck by a vehicle, you have options with the help of our legal team at Turnbull, Holcomb & LeMoine, PC.

Large Vehicles

Pedestrian accidents more commonly occur with drivers in large vehicles, such as trucks, SUVs, or vans. Larger vehicles tend to have less visibility with more blind spots. This may lead to a driver having a more difficult time spotting a crossing pedestrian.

With their size and blind spots, larger vehicles are more likely to cause a more severe accident when a pedestrian is involved.

Reckless Driving

There are many aspects that can lead to reckless driving, like anxiety, drinking, speed, or distractions, for example. These are all things that can lead to a driver missing stop signs, red lights, or flashing crosswalk lights.

Reckless driving leads to more dangerous conditions for pedestrians, so it’s important to practice safety as a pedestrian to help lower your risk of an accident.

How to Stay Safe

As a pedestrian, it’s important to always walk on a sidewalk or path when it’s provided. If neither are present, always walk facing traffic and as far off the road as possible. Avoid crossing the road through traffic and use the marked crosswalks at intersections.

If there is no marked crosswalk present, find a well-lit area and safely wait for a gap in traffic. Do not take your eye off traffic as you cross. It’s not safe to assume a driver sees you, so wear bright colored clothing and wear reflective clothing or accessories at night.

Pedestrian accidents are not only the responsibility of the driver, but the pedestrian themselves have to take safety in their own hands – and in higher regards to ensure they make it home safely.

Recovered $32.5 Million Settlement Verdict – Turnbull, Holcomb & LeMoine, PC Gets Results

If you find yourself or a loved one in need of a lawyer for the courtroom, call Turnbull, Holcomb & LeMoine, PC to fight for you. Our top-notch trial lawyers have earned incredible results on behalf of accident victims, and we have honed our courtroom approach over the years to ensure you receive the compensation you deserve.

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Here at Turnbull, Holcomb & LeMoine, PC, we are proud of our successful track record – and the results we have achieved on behalf of clients in the following personal injury lawsuits:

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

View More Practice Areas

Meet Your National Trial Lawyers

Brett Turnbull

Alan Holcomb

Bobby LeMoine

View All Our Attorneys

People Also Searched

View More Helpful Articles

Accepting Attorney Referrals

With hundreds of millions of settlement verdicts, you can feel confident that your client is in the most capable hands.

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The post Why Roads Are Becoming More Dangerous for Pedestrians | Lawyer Explains appeared first on Turnbull, Holcomb & LeMoine, PC.

Landing a Job as a Personal Injury Lawyer: Tips from Law Professionals

The legal profession is a highly regarded career, and one that can be incredibly rewarding. Choosing your specialization in law is a big step and will help map out the rest of your career as a lawyer. When stepping into the world as a personal injury lawyer, you’ll become an important part of your clients’ lives and have the opportunity to make a difference in many ways. At Turnbull, Holcomb & LeMoine, PC , we are here to give you tips from law professionals on being the best personal injury lawyer and guide you into this next phase of your career.

3 Tips from Law Professionals

Education Matters: Take Courses Relevant to Personal Injury

If you are considering personal injury law, tailor your coursework to your interests. This applies whether you are currently in law school or working on your undergraduate degree.

A large part of being a personal injury lawyer is reading detailed medical records. An undergraduate degree in biology can provide the medical knowledge needed to better understand your client’s injuries and needs.

Crafting a compelling argument is also an important aspect of being a successful personal injury lawyer, so English classes and public speaking classes will be incredibly useful when fighting for your clients. You may also find business, sociology, psychology, history, economics, and communications classes to be helpful, as well.

Gain Experience

Preparing yourself with your coursework is the first step in becoming a successful personal injury lawyer, but the next step is gaining applicable experience. During law school, take advantage of internship opportunities. While some internships are not paid positions, you’ll gain invaluable experience working side by side with skilled lawyers.

Internships and clerkships are beneficial positions to put on a resume and help you understand how you work best inside the walls of a firm. These early steps in your career will help you start your journey on the right foot and gain momentum for your first legal job.

Make Connections

Lastly, one of the key tips from law professionals is understanding that networking is a powerful asset.

Every hand you shake and every internship you take will lead to connections that can be instrumental in your career. It’s important to make connections at school events, conventions, seminars, and any other gathering of legal professionals to build your network.

In the future, these connections can help you land your first major job in the legal field or even help you secure an important client. Your clients keep your business going, and these connections can potentially funnel clients your way. Attend events in your community as well, such as local business networking events or industry conferences, to get involved outside of your office and meet potential clients in your local community.

Recovered $37 Million Settlement Verdict – Turnbull, Holcomb & LeMoine, PC Gets Results

Here at Turnbull, Holcomb & LeMoine, PC, our team is proud to support the next generation of legal talent, helping associate attorneys learn and grow – and one day, advocate for accident victims.

Our top-notch trial lawyers have earned incredible results on behalf of accident victims. We have honed our courtroom approach over the years to ensure our clients receive the compensation they deserve. nationwide. Get in touch to learn more!

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Here at Turnbull, Holcomb & LeMoine, PC, we are proud of our successful track record – and the results we have achieved on behalf of clients in the following personal injury lawsuits:

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

View More Practice Areas

Meet Your National Trial Lawyers

Brett Turnbull

Alan Holcomb

Bobby LeMoine

View All Our Attorneys

People Also Searched

View More Helpful Articles

Accepting Attorney Referrals

With hundreds of millions of settlement verdicts, you can feel confident that your client is in the most capable hands.

Discover More on Attorney Referrals

The post Landing a Job as a Personal Injury Lawyer: Tips from Law Professionals appeared first on Turnbull, Holcomb & LeMoine, PC.

Camp Lejeune Contamination Updates

So what happen at Cam Lejeune? Are there any Camp Lejeune contamination updates on the case?

In this article, our trial lawyers explain.

What is the Camp Lejeune Lawsuit about?

At Camp Lejeune during the time from 1953 until 1987, all water supplies being used on base were found to be contaminated with hazardous chemicals from the surrounding industries. As a result, many people who lived at Camp Lejeune have suffered from a range of serious health conditions due to the water supply.

This is an ongoing case with various incoming developments and updates. At Turnbull, Holcomb & LeMoine, PC, we are committed to those who were affected by the Camp Lejeune water supplies and actively fighting for the compensation they deserve.

What is Camp Lejeune?

Camp Lejeune is a U.S. Marine Corps base located in North Carolina and was established in 1942. The base also supported a major Navy command, as well as a Coast Guard command, and included the New River Air Station. Camp Lejeune contained several smaller camps, on-base housing, and training areas for the commands that called the base home.

Camp Lejeune was known for its abundance of resources, as it sat on 156,000 acres of pine forest, river shores, and coastline. This made the base great for readiness training both in water and on land.

New Finding Created the Camp Lejeune Justice Act of 2022 (CLJA)

In 1982, the Marine Corps discovered specific volatile organic compounds (VOCs) in the drinking water provided by two of the eight water treatment plants on base (Tarawa Terrace and Hadnot Point).

The United States Agency for Toxic Substances & Disease Registry (ATSDR) later found that past exposures from the 1950s through February 1985 to trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride, and other contaminants in the drinking water at Camp Lejeune likely increased the risk of cancers (kidney, multiple myeloma, leukemias, and others), adverse birth outcomes, and other adverse health effects of residents (including infants and children), civilian workers, Marines and Naval personnel at Camp Lejeune.

The military personnel stationed at Camp Lejeune were assigned on the base for 18 months, which would be considered long-term exposure to these chemicals. Even at a low concentration, long-term exposure to trichloroethylene can have negative neurobehavioral effects.

At Camp Lejeune, the levels of trichloroethylene were found to be 366 parts per billion, where the maximum safe contaminant levels are 5 parts per billion. The contaminant levels of the other mentioned toxic chemicals were also well above safe levels.

Based on these findings, the Camp Lejeune Justice Act of 2022 (CLJA), which was part of a larger bill called the PACT Act, was introduced with bipartisan support in 2020, achieved final passage in 2022, and was signed into law by President Biden on August 10, 2022.

The Act creates a right for compensation for anyone who lived, worked, served, or was otherwise exposed to contaminated drinking water at Camp Lejeune for 30 or more consecutive days between August 1, 1953, and December 31, 1987. Claims may be brought by the injured party or their personal representative.

Full compensatory damages are available under the act, including pain & suffering; emotional damages; loss of consortium, and wrongful death.

Two Step Process for All Camp Lejeune Justice Act Claims

Step 1 – File an Administrative Claim

Under the CLJA, qualifying Camp Lejeune victims have the right to bring a civil lawsuit against the government to get compensation for their injuries. However, the CLJA states that before civil lawsuits can be filed in court, Camp Lejeune victims must first file an “administrative claim” with the Navy Judge Advocates General (JAG).

Filing and exhausting an administrative claim with JAG is a mandatory prerequisite under the CLJA. Anyone who wants to file a Camp Lejeune lawsuit under the CLJA must first submit a claim to JAG. After a claim is filed with JAG, claimants must wait until:

the claim is formally denied by JAG; or
6-months have passed since perfection of the claim and JAG has taken no action.

Step 2 – File a Civil Lawsuit in Federal Court

Once the JAG administrative claim requirement has been satisfied (either because JAG denied the claim or 6-months have passed) CLJA claimants are eligible to move on to the next step which involves filing a civil lawsuit.

The CLJA permits Camp Lejeune victims to file civil lawsuits against the federal government for injuries caused by the toxic water. The CLJA requires that all Camp Lejeune lawsuits must be filed in the U.S. District Court for the Eastern District of North Carolina.

Once the civil lawsuit is filed, it will follow the normal procedural steps just like any other personal injury case in federal court. There will be a discovery phase and various procedural deadlines. Camp Lejeune cases have not been consolidated into an MDL or class action lawsuit. This means that each individual Camp Lejeune case will have its own deadlines and schedule.

Camp Lejeune Contamination Updates

For detailed updates contact our experienced personal injury law firm directly.

Updates as of Jan 2023:

January 9, 2023 – Based on a statement made by a Navy JAG spokesperson, 14,000 claims have been filed by Camp Lejeune Water Contamination victims so far. It is predicted to rise to nearly 75,000 claims in 2023.

December 29, 2022 – An Eastern District of North Carolina judge has dismissed 8 of the Camp Lejeune water contamination victims within the legacy cases for failing to re-file administrative claims with JAG after the CLJA was passed.

Judge James C. Denver, III, ruled that when the CLJA was passed in August, it created entirely new legal claims that could not be related back to the prior lawsuits filed by the legacy plaintiffs. These plaintiffs will need to reapply, and their claim will be placed in the back of the case file. However, major claims for health complications like Parkinson’s disease, kidney cancer, and so forth are leading the charge in this case now.

December 1, 2022 – Nearly 14,000 claims have reportedly been filed with The Navy JAG Tort Claims Unit. As of now, JAG no further action has been taken yet.

November 28, 2022 – Thousands of Camp Lejeune administrative claims have been sent to the Navy JAG Tort Claims Unit since CLJA was passed in August 2022. JAG has a limited 6-month deadline to act on these claims. No cases have seen any further action as of yet.

Recovered $32.5 Million Settlement Verdict in Accident Lawsuit – Turnbull, Holcomb & LeMoine, PC Gets Results

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Here at Turnbull, Holcomb & LeMoine, PC, we are proud of our successful track record – and the results we have achieved on behalf of clients in the following personal injury lawsuits:

Product Liability

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

Nursing Home Abuse

Truck Accident

Dangerous Drugs

View More Practice Areas

Meet Your National Trial Lawyers

Brett Turnbull

Alan Holcomb

Bobby LeMoine

View All Our Attorneys

People Also Searched

View More Helpful Articles

Accepting Attorney Referrals

With hundreds of millions of settlement verdicts, you can feel confident that your client is in the most capable hands.

Discover More on Attorney Referrals

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Dehydration and Malnutrition in Nursing Homes

When your loved one is residing in a nursing home, their health, comfort, and safety are your top priorities, and you expect a high level of care. Good nutrition and proper hydration are two key aspects of maintaining good health, and it’s important for elderly individuals to be provided both in their living facility. Unfortunately, dehydration and malnutrition are still common occurrences in nursing homes. At Turnbull, Holcomb & LeMoine, PC, your loved one’s quality of life is just as important to us as it is to you, and we’re here to help you make it right.

Symptoms and Effects of Dehydration in Nursing Homes

Hydration is imperative for our bodies to perform its vital functions, and in elderly individuals, it’s important to encourage their intake of water. Many seniors do not have a strong desire of thirst, and when senior care professionals fail to help elders stay hydrated, dehydration and neglect ensue.

If your loved one is dehydrated, you may notice symptoms such as a dry mouth, dry, papery skin, being thirsty, or a decrease in frequency of urination. As dehydration becomes more severe, you may notice your loved one being irritable, confused, or delirious, as well as having low blood pressure, an increased rate of breathing, exhibiting sunken eyes or cheeks, or experiencing unconsciousness.

If dehydration occurs for a long period of time, your family member could potentially suffer from complications, such as seizures, brain swelling caused by drinking too much fluid after being dehydrated, kidney failure, or a coma, which is the most severe effect of dehydration.

Symptoms and Effects of Malnutrition in Nursing Homes

Proper nutrition in elderly individuals is important, as it can help fight of infection, weak muscles, and confusion and promote good health overall. Malnutrition can result in immobility, which can increase the risk of falling, a weakened immune system, ulcers, or pneumonia. Malnutrition can occur when nursing home staff neglects to offer adequate food or monitor food intake of their residents.

By law, nursing home facilities are required to provide a balanced meal plan for all its residents, which should include proper levels of vitamins, minerals, calories, and protein. If your loved one is suffering from malnutrition, you may notice signs such as dull eyes, thinning hair, edema in the arms and legs, confusion not related to Alzheimer’s, pale skin, and poor skin elasticity.

Nursing Home Abuse

Unfortunately, nursing home abuse is a common occurrence, so it is important to speak up if you have any suspicions. Thousands of families are affected each year, and according to Nursing Home Abuse Justice, approximately 15,000 complaints of abuse or neglect were filed in 2020 alone. Not all elder abuse gets reported, as many seniors are either unwilling or unable to discuss their experiences. We encourage families to familiarize themselves with the signs of nursing home abuse to help protect their loved ones in a senior living facility.

What to Do

If you suspect elder abuse in your loved one’s living facility, reach out to an attorney to help you stand up for your loved one’s dignity and their right to a safe, healthy living environment. Turnbull, Holcomb & LeMoine, PC is here for your family every step of the way and we are ready to fight alongside you.

Need to File a Personal Injury Lawsuit? Hire an Experienced Trial Lawyer Near Me at Turnbull, Holcomb & LeMoine, PC

When you need an attorney who will fight for you in the courtroom, call on Turnbull, Holcomb & LeMoine, PC. Our team of experienced lawyers are here for your family in your time of need. If you’re looking for a personal injury lawyer to help with your case, we’re ready. Get in touch to learn more!

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Here at Turnbull, Holcomb & LeMoine, PC, we are proud of our successful track record – and the results we have achieved on behalf of clients in the following personal injury lawsuits:

Nursing Home Abuse

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

Product Liability

Dangerous Drugs

View More Practice Areas

Meet Your National Trial Lawyers

Brett Turnbull

Alan Holcomb

Bobby LeMoine

View All Our Attorneys

People Also Searched

View More Helpful Articles

Accepting Attorney Referrals

With hundreds of millions of settlement verdicts, you can feel confident that your client is in the most capable hands.

Discover More on Attorney Referrals

The post Dehydration and Malnutrition in Nursing Homes appeared first on Turnbull, Holcomb & LeMoine, PC.

Why You Should Never Post on Social Media After a Car Accident

Social media use is so prevalent today that it is easy to forget the risk it presents – especially if you have been injured in an accident. Even a seemingly innocent picture or post may have a disastrous impact on your personal injury claim. Read on to learn more about the dangers of social media after a car accident and how to avoid them.

Using Social Media After a Car Accident: The Risk

It’s important to remember that the insurance company is not on your side. To build their case, the at-fault party’s insurance adjuster will likely scour social media to prove that you are not as injured as your claim. A photo of a fun event you attended, a check-in at a workout class, or a review of a new local activity can all be used against you. This evidence could weaken your personal injury case and may decrease the compensation you receive. Put simply, posting on social media is not worth the risk.

What Not To Do

Here at Turnbull, Holcomb & LeMoine, PC, our trial lawyers recommend staying off social media altogether. But if you choose to use the platform, there are several key things to avoid.

Do NOT post pictures or details about your accident or injuries.
Do NOT provide updates about your recovery.
Do NOT share old photos lacking a date stamp.
Do NOT mention anything that occurred before your accident that could show that you were in an impaired mental state. (Example: an argument with your spouse, attendance at a holiday party, etc.)
Do NOT forget that even private posts can be viewed by people you don’t know if they are shared or commented on by friends.

Protect Yourself

If you use social media after a car accident, taking these simple steps can help accident victims stay safe online:

Wait to post anything until your personal injury claim is settled.
Find a different outlet if you need to vent about your accident.
Reject any friend requests from people you do not know well.
Set your profile to the highest privacy setting available.
Remove tags from friends’ photos.
Use Facebook’s Privacy Checkup to see who viewed your profile

Recovered $32.5 Million Settlement Verdict – Turnbull, Holcomb & LeMoine, PC Gets Results

If you find yourself or a loved one in need of a lawyer for the courtroom, call Turnbull, Holcomb & LeMoine, PC to fight for you.

Never afraid of trial!

Our nationally recognized trial lawyers have earned incredible results on behalf of accident victims, and we have honed our courtroom approach over the years to ensure you receive the compensation you deserve.

Our experienced trial lawyers are ready for the courtroom, equipped to handle every aspect of your personal injury lawsuit. We not only offer trusted legal representation, but the support you need as you travel the road to recovery. If you have been injured, schedule your free consultation today!

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

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How Difficult is it to Sue a Nursing Home? Experienced Trial Lawyer Explains

When your client’s loved one moved into a nursing home, they trusted that their family member would be taken care of during their time there. Your client brings this case to you, in hopes that you will help them fight for their loved one who can’t fight for themselves.

Suing a nursing home for neglect, abuse, wrongful death, or other reasons comes with its challenges, but the experts at Turnbull, Holcomb & LeMoine, PC can help guide you in the right direction.

Suing a Nursing Home: The Challenges

Suing a nursing home can come with a few obstacles and roadblocks from the nursing home’s legal team. They may dish out a number of tactics, like mounds of paperwork to delay legal proceedings or misplacing medical records, among other defense tactics.

It’s also important to make your client aware of the statute of limitations in the state where the suit is being filed. In a wrongful death suit, for example, if the client waits to file the suit, they risk losing their right to file a claim. Additionally, you must have evidence that the duty of care was breached by the nursing home and that the injury or death was due to neglect.

Gathering Evidence

It is important that every detail is carefully documented when building your case. You must prove to the judge the emotional, physical, or financial damages endured. The types of evidence you’ll need, include:

Medical records
Medical bills
Insurance claims
Photo and video evidence
Documentation of your client’s relationship to the individual in the nursing home
Any personal journal accounts
Conversation notes or transcripts
Any forms, written memos, notes, or documentation of communication

If your client has had any meetings or conversations with the nursing home’s social worker, nurse supervisor, or made reports to any other manager or supervisor, be sure to collect documentation of the meeting and report. The best combination of evidence depends on the claim.

Determining Liability and Proving Fault

In order to prove fault, you must prove that the duty of care has been breached by nursing home staff. Residents of a nursing home are legally owed a duty of care. As their legal representation, you can go about proving fault in a few ways:

Using negligence
Proving intentional conduct
Showing “negligence per se”
Establishing “strict liability”

You will have to carefully study the evidence provided and investigate the details given, including interviewing witnesses and others involved and consulting experts. This will allow you to determine causation and assess actual damages that occurred during the incident.

Recovered $80 Million in Settlements in 2022 – Turnbull, Holcomb & LeMoine, PC Gets Results

Our Case Results

Won $37 Million Truck Wreck Settlement Verdict

Won $32.5 Million Auto Defect Settlement Verdict

Won $15 Million Premises Liability Settlement Verdict

View More Case Results

Our successful track record proves that experience gets results. Our trial lawyers have handled a wide variety of personal injury lawsuits, including the following:

Slip & Fall

Brain Injury

Brain & Spinal Cord Injuries

Back & Neck Injury

Negligent Security Injury

View More Practice Areas

Meet Your National Trial Lawyers

Brett Turnbull