Miami Miami Beach

Florida Unpaid Time and Half Claims, Unpaid Overtime Lawyers

If you have not been paid time and a half in Florida for overtime worked you may have a wage and hour claim against your employer.  You deserve to get paid according to Florida law for the hours you put in. You may have a class action lawsuit for unpaid wages. Our lawyers for unpaid wages offer legal help for:

  •     Lawyers for time and a half pay for overtime,
  •     Lawyers for Fair Labor Standards Act,
  •     Labor Emplyment Lawyers ,
  •     Class actions  for Unpaid Overtime Wages,
  •     Lawyers for Wage and Hour Claims,
  •     Lawyers for FLSA and Unpaid Commissions,

Overtime pay of time and a half is due once an employee has worked forty (40) hours in a work week.

 The Fair Labor Standards Act (“FLSA”)  

The FLSA establishes the rules for  governing employees’ rights to minimum wage and overtime pay which include:

  • Time and a half wages for employees for all hours over 40 worked in a workweek.
  •  A minimum wage of at least $7.25 for all hours worked.

What can I expect if I win a wage and hour claim against my employer?

  • Back pay for all unpaid overtime, beginning two (2) years before the lawsuit is filed.
  • Double the amount of unpaid wages, in some instances
  • Your employer will be liable for the attorneys fees

 

For the full details about your Florida unpaid wages, to file an unpaid wages claim and to see if you have a claim for unpaid overtime call our wage and hour claim hotline today

In Florida you deserve to get paid your full WAGES FOR HOURS WORKED and all overtime back pay for unpaid wages claims.

Nursing Home Abuse, What you Need to Know, Nursing Home Abuse lawyers

Free Legal Shield Nursing Home Abuse lawyers are concerned about our seniors injured in Nursing Homes. Below are some guidelines to recognize nursing home Abuse. Your senior parents and grandparents must be protected,

Emotional Abuse

Emotional abuse is any action with the intent to cause emotional or psychological injury to another.

Examples:

  • Threatening of any kind.
  • Belittling.
  • Humiliating.

Symptoms of Emotional Abuse:

  • Those typical of dementia- Mood swings, paranoia, biting, sucking, etc.
  • Behavior becomes withdrawn.
  • Suffering from anxiety that was not present before.

 

A Verbal Abuse Story:

Topsfield’s Masconomet Healthcare Center in Topsfield, Massachusetts was found in 2011 to have four employees who regularly engaged in verbally abusing nursing home residents.

 

Some of the verbal abuses included:

  • The recording of a dementia patient while taunting her.
  • A Nursing Assistant (N.A.) telling a resident she had slept with the resident’s husband and that the resident’s husband was leaving her.
  • A N.A. telling a resident that she would die in the facility.
  • Multiple N.A.s calling a resident fat; the same resident had a cookie shoved into her mouth while a N. A. called her a pig.
  • N.A.’s mocking a patient with a penile implant.

Physical Abuse
Physical abuse is any action with the intent to cause physical injury to another.

Examples:

  • Hitting or slapping.
  • Biting.
  • Not handling a patient with care when transferring them to or from a wheel chair or bed.

Symptoms of Physical Abuse:

  • Unexplained bruises, sprains, abrasions, skeletal fractures, and/or burns.
  • Bleeding and bruising in private areas.
  • Damaged undergarments.
  • Sudden behavior changes.
  • A visitor is forbidden to see a resident alone by the caretaker.
  • Obvious over-medication or under-medication.
  • New health problems.

 

A Physical Abuse Story:

A Cleveland, Ohio nursing home aide was caught on camera hitting a 78-year-old Alzheimer’s patient, throwing her into her bed and wheelchair, and shoving her face into the wall.  In one instance, the aide struck her in front of another employee, who did nothing.

 

Neglect
Neglect is any action with the intent to deprive another of things necessary to their well-being.

Examples:

  • Not providing enough food or water.
  • Not ensuring proper hygiene.
  • Not ensuring cleaning medical tools.

Symptoms of Neglect:

  • Dehydration.
  • Malnourishment.
  • Under-medication.

 

A Neglect Story:

A resident of Evergreen Lakeport Healthcare has her call light ignored which resulted in her sitting in her own urine for hours.

 

A VA hospital in Pennsylvania was found to be neglecting its patients.  One male patient’s toe was rotting and no one did anything until maggots began to pore out of a hole in his toe.

 

Sexual Abuse
Sexual abuse is any non-consensual contact of a sexual nature.

Examples:

  • Molestation.
  • Rape.

Symptoms of Sexual Abuse:

  • Bleeding and bruising around genitalia.
  • Damaged undergarments.
  • Sexually Transmitted Infection/s
  • Genitalia infections.

 

A Sexual Abuse Story:

At Southwood Nursing Center in Virginia, an elderly woman was sexually assaulted by another resident.  The male resident was known to have been arrested 59 times; some of his arrests included sexual assault and child molestation.  He used a wheel chair to block the door so no one would disturb him.

 

Financial Exploitation
Financial Exploitation is the taking of another’s monetary or material assets with or without their permission, or through coercion.

Examples

  • Stealing of money or possessions.
  • Coercing a resident to sign over his/her financial responsibilities.
  • Stealing of social security checks.

Symptoms of Financial Exploitation:

  • Money withdrawals made that a resident could not have made.
  • Sudden changes to a resident’s legal documents.
  • No longer receiving pension or social security checks.
  • The resident no longer has control over his/her financial matters.

 

A Financial Exploitation Story:

A Chicago nursing home patient had over $4,000 electronically withdrawn from her banking account by a nursing home staff member.  The staff member was only caught after the resident’s family noticed withdraws from the resident’s account over a period of months.

New Allowances for Social Security Disability Claims, Social Security Disability Lawyers

Social Security Disability lawyers of Florida and Georgia Announce new Disease Status for your Social Security Disability Claims Today

Social Security,  announced 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases.  According to Social Security, the Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years.  Commissioner Astrue made the announcement during his remarks at the World Orphan Drug Congress near Washington, D.C.

“Social Security will continue to work with the medical community and patient organizations to add more conditions,” Commissioner Astrue said.  “With our Compassionate Allowances program, we quickly approved disability benefits for nearly 61,000 people with severe disabilities in the past fiscal year, and nearly 173,000 applications since the program began.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions.  The announcement of 52 new conditions, effective in August, will increase the total number of Compassionate Allowances conditions to 165.  The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, immune system conditions, and other disorders.  In his speech that opened the Congress, Commissioner Astrue thanked the National Institutes of Health for research they conducted which helped identify many of the conditions added to the list.

The agency also is improving its online disability application process, which is already substantially shorter than the standard paper application.  Starting April 21, 2012, adults who file for benefits online will have the option to electronically sign and submit their Authorization to Disclose Information to the Social Security Administration (Form SSA-827).  This improvement allows applicants to complete disability applications in a streamlined online session, rather than printing, signing, and mailing paper authorization forms to Social Security offices.

In March, Social Security approved eight research projects through its Disability Determination Process Small Grant Program.  This new program aims to improve the disability process through innovative research by graduate students focusing on topics such as the Compassionate Allowances program, Wounded Warriors initiative, homelessness and SSI, and disability enrollment issues.

New Compassionate Allowances Conditions

  • Aicardi-Goutieres Syndrome
  • Alobar Holoprosencephaly
  • Alpers Disease
  • Alpha Mannosidosis
  • Carcinoma of Unknown Primary Site
  • Cerebrotendinous Xanthomatosis
  • Child Neuroblastoma
  • Child Non-Hodgkin Lymphoma
  • Chondrosarcoma with multimodal therapy
  • Cornelia de Lange Syndrome-Classic Form
  • Ewings Sarcoma
  • Follicular Dendritic Cell Sarcoma with metastases
  • Fucosidosis – Type 1
  • Galactosialidosis – Early Infantile Type
  • Glioma Grade III and IV
  • Hallervorden-Spatz Disease
  • Hepatoblastoma
  • Histiocytosis
  • Hutchinson-Gilford Progeria Syndrome
  • Hydranencephaly
  • Hypocomplementemic Urticarial Vasculitis
  • Hypophosphatasia Perinatal lethal Form
  • I Cell disease
  • Infantile Free Sialic Acid Storage Disease
  • Juvenile Onset Huntington Disease
  • Kufs Disease Type A and B
  • Lissencephaly
  • Lymphomatoid Granulomatosis Grade III
  • Malignant Brain Stem Gliomas – Childhood
  • Malignant Melanoma with metastases
  • Mastocytosis Type IV
  • Medulloblastoma with metastasis
  • Merkel Cell Carcinoma with metastases
  • Myocolonic Epilepsy and Ragged Red Fibers Syndrome
  • Nephrogenic Systemic Fibrosis
  • Obliterative Bronchiolitis
  • Ohtahara Syndrome
  • Orthochromatic Leukodystrophy with Pigmented Glia
  • Pearson Syndrome
  • Pelizaeus-Merzbacher Disease-Classic Form
  • Pelizaeus-Merzbacher Disease-Connatal Form
  • Peripheral Nerve Cancer – metastatic or recurrent
  • Perry  Syndrome
  • Rhabdomyosarcoma
  • Rhizomelic Chondrodysplasia Punctata
  • Schindler Disease Type 1
  • Smith Lemli Opitz Syndrome
  • Spinal Nerve Root Cancer- metastatic or recurrent
  • Stiff Person Syndrome
  • Tabes Dorsalis
  • Wolf-Hirschhorn Syndrome
  • Xeroderma Pigmentosum

 

When Do I Need a Social Security Disability lawyer ?

A Social Security Disability Lawyer Can Help  You

As is the case with any government process, legal intervention can make the critical difference between success and failure. A social Security Disability lawyer  familiar with the Social Security benefits process can protect you and  protect your rights to your social security disability claim.

if  you are disabled and unable to work, you must  initiate a claim for Social Security disability, or ssi based on disability, and get it filed immediately. A social security disability lawyer can help.  Disability claims often take a very long time to process. Waiting so long and getting disapproved  can be very stressful. It is the exception that gets processed quickly, the first time around. An experienced Social Security disability lawyer will help you avoid pitfalls created by filing too late and being denied your claim. Many  claimants are denied do to very simple errors and just lack of knowledge of the SSD system. Your  Social Security disability lawyer will  keep you out of trouble. Thousands of people with disabilites are waiting months to get through an appeal of their denied disability case.

Claimants with mental disorders living with family members are most likely to be improperly denied by Social Security Administration adjudicators. A social Security disability lawyer can help you thru this process. It is critically important for family members or other caregivers to provide your lawyer with as detailed information as possible about specific tasks you can or cannot do.

If you have a physical illness or mental condition that is expected to prevent you from working for at least a year or that will result in your death, you may be eligible for social security disability benefits. Many cases of toxic exposure fall inot this category. If you do not present a strong case you could have your claim denied. You may be rejected because you did not file properly.  About 70% of initial social security disability claims get rejected.  That  is why you  should hire a competent social security disability lawyer.

Look for a social security disability lawyer who is experienced in handling all types of disability cases. You obviously want a lawyer who is knowledgeable about the social security system and understands what it takes to win social security disability benefits for their client. The fact is, if you're applying for social security disability benefits, you are already dealing with enough issues and taking on filing a Social Security disability claim may just be too overwhelming. A social security disability lawyer will  do everything for you as they guide and advise you every step of the way. It is imperative that you have this support and assistence.

 

Application

When you decide to pursue getting benefits you need to fill out the initial application. This can be done by phone, in person, or online. You must fill out an application and acquire medical records. A good social security disability lawyer will develop your claim based upon your work history, age, impairments, and how you reached the point of being unable to work. They will also assist in obtaining the medical evidence necessary to support your claim.

The finished application is then sent to Disability Determination Services (DDS). This is where your initial claim will be reviewed, not at your local Social Security Administration office. Again about 60 to 70% of these initial claims are rejected. If your claim is rejected, your social security disability lawyer will help with the appeal. This is much better then attempting to go it alone where the disability claims interview lasts about one hour.

 

Reconsideration

You and your SSD lawyer  will have 60 days to request having your file reviewed again. This is called Reconsideration. Your social security disability lawyer will handle this request for you. During "Reconsideration" your claim is reviewed again by the Disability Determination Services (DDS). Unfortunately, the chances of a successful review are very slim. At this point many folks just give up. Don't! The next step is a hearing. It is important and a must to have a disability lawyer for theis process.

 

Appeal/Hearing

Social Security  hopes that every decision they make  about your Social Security or Supplemental Security Income (SSI) claim is correct. But, somtimes  decisions are made that are not in your favor. That is waht a social security disability lawyer is for.  A social security disability lawyer will carefully  review all  the information in your case  and help to overturn  decisions that affect your eligibility or your benefit amount.

When a decision is made  on your claim,  you will be sent  a letter explaining  the decision. If you do not agree with the decision, you can appea it with the help of a sicial security disability lawyer. and   to have them  look at your case again.

When you ask for an appeal, we will look at the entire decision, even those parts that were in your favor. If our decision was wrong, we will change it.

You have 60 days to request a hearing. If at this point you still don't have a social security disability lawyer, we strongly recommended that you have one for this hearing. Most claims are won at an administrative hearing,

The hearing will have an Administrative Law Judge who will decide whether or not you will be awarded benefits. The wait time to get this hearing may vary greatly, but it may take over a year to finally have a hearing scheduled. It would be a shame to not be fully prepared, and going to this hearing without a social security disability lawyer would greatly reduce your chances of successfully winning.

A social security disability lawyer will prepare your whole case and prep you before the hearing where the judge will ask you a number of questions. Using an experienced social security disability lawyer who is familiar with the presiding judge is to your advantage because your lawyer can prepare you for the questions that your specific judge is most likely to ask. One thing that many people don't realize is that the files the judge now has will be outdated since a number of months have passed from the initial application. When you request a hearing your file is transferred to the Office of Hearings without any updated information. If you are represented by a social security disability lawyer, he/she will be sure to supply all updated records, as well as get written supporting statements from your healthcare providers to be presented at the time of your hearing.

If you have just hired a social security disability attorney at this stage, he/she will look over your file, see why you have been declined in the previous stages, and then create a strategy that presents your story in the most compelling way. Those folks who choose not to have legal representation still have the opportunity to look over their file, but may not understand most of it or know how to best present their case before the Administrative Law Judge.

There are still legal options available if your application is again declined. If your social security disability lawyer feels that there was some error on the judge's part he/she may appeal to the Appeals Council. If the appeal is accepted, the council will review your claim and either overturn the decision or return it to the original judge. If denied you may still appeal to Federal Court in which case your social security disability lawyer will file a petition.

As you can see from this description of the process for filing and appealing for social security disability benefits, there are many situations along the way where having expert legal advice would be to your benefit.

There really are no disadvantages to hiring a competent social security disability lawyer. A lawyer will be motivated in helping you since he/she only charges if you win and receive benefits. Therefore, you should not dismiss the idea of hiring a social security disability lawyer for financial reasons.

For many people the best advice is to seek representation from the start of the process. Without the proper guidance you can unknowingly be hurting your case. A social security disability attorney will take care of everything for you as far as paperwork, filing, research, and personal prepping for a hearing before a judge. In addition your lawyer will make sure that you meet all the deadlines and check to make sure your files are received. Your social security disability attorney is your guide making the whole social security disability process much simpler for you. And once your claim is accepted, your social security disability lawyer will make sure you receive the proper payment from the Social Security Administration.

Contact free legal shield for a free social security disability lawyer.

Dangerous Diabetes Drug Recall

Avandia, GlaxoSmithKline’s (GSK) widely prescribed oral diabetes drug, has been identified as a possible cause of heart attacks and other heart problems in patients with diabetes, stirring up a storm of controversy about the FDA ‘s (Food and Drug Administration) practices in approving drugs and monitoring drug safety.

A new study containing a meta-analysis of previous studies of Avandia was published in the online version of the New England Journal of Medicine (NEJM) on May 21, 2007. The analysis showed that Avandia created a significant risk of increased heart attacks and other heart problems in patients with diabetes.

The study produced predicted results, and lawsuits for serious personal injury and wrongful death cause by taking Avandia began to be filed in 2007. For example, the family of a nurse who required 3 bypass operations and finally died of a stroke, filed suit against GSK. The family claimed that GSK had information about the dangers of Avandia that it withheld.

One of the primary issues in Avandia litigation will be whether the manufacturer, GSK, responsibly reported all the dangers of Avandia to the FDA and to the public. A few U.S. legislators have already raised concerns about GSK’s honesty in this area. GSK has a bad record on safety reporting; it settled a lawsuit filed by then New York Attorney General, and now New York Governor, Eliot Spitzer, in which Spitzer charged GSK with fraudulently withholding results about the safety of prescribing the antidepressant Paxil to children. Part of that settlement was the agreement that GSK would set up the website that the NEJM authors used to obtain much of their data.

Call us Today! 1.800.733.5342

Attorney referral Service has Avandia and Actos Attorneys ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Attorney Referral — Florida  Avandia and Actos Lawyers are ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

We also have  Avandia and Actos Lawyers in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.

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Social Security Disability Lawyers

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What Do Social Security Disability Attorneys Do?

If you have been denied a claim contact the Social Security Disability lawyers ,attorneys of Free Legal Shield today.

Generally, if a person has a physical or psychological (mental) disability that causes him/her to be unable to do any kind of work for which he/she is suited (given the person’s age, education, and work experience) and the disability is expected either to last for at least one year or to result in death, then that person will be considered disabled for Social Security purposes.

Social Security administers four separate benefit programs for individuals with disabilities: Social Security Disability Insurance (SSDI), Supplemental Security Income, Disabled Widows and Widowers benefits (DWB), and Disabled Adult Child Benefits (DAC). The medical requirements to prove disability, as well as the process for making disability determinations, are the same for each program.

Many people confuse the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. The differences between them are as follows:

  • SSDI pays benefits to you and certain members of your family if you are “insured” (you have worked long enough and paid Social Security taxes, which fund this program). A person who is eligible to receive SSDI will automatically be enrolled in Medicare after receiving 24 months of benefits.
  • SSI pays you benefits based on financial need, whether or not you have ever worked. SSI is a Federal income supplement program funded by general tax revenues (not Social Security taxes). A person who is eligible to receive SSI automatically qualified for Medicare (without a waiting period).

Should I hire a Social Security Disability Attorney?

If you are denied on your Initial Claim, a qualified social security disability attorney can provide representation and help you with your claim for continuing and past due benefits (back pay).

Initial claims are typically denied 60 to 70 percent of the time, depending on the state in which you filed, so chances are you’ll end up in a hearing. For further information, contact a Lead Counsel social security disability attorney in your area today. Call  our Social Security Disability  Attorney Network.

Attorney referral Service has  Social Security Disability Attorneys ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Attorney Referral Florida  Social security Disability lawyers  are ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

We also have  Social security Disability lawyers in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.

Helping the people since 1997.

Contact Us Today

 

PIP Lawyers (Personal Injury Protection Lawyer)

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Personal Injury Protection (PIP) is an extension of car insurance available in some US states that covers medical expenses and, in some cases, lost wages and other damages. PIP is sometimes referred to as “no-fault” coverage, because the statutes enacting it are generally known as no-fault laws, and PIP is designed to be paid without regard to “fault,” or more properly, legal liability. PIP is also called “no-fault” because a claimant’s, or insured’s, insurance premium should not increase due to a PIP claim.

PIP is a mandatory coverage in some states. PIP coverage may vary from state to state in terms of both what is covered and what types of treatments are considered customary and reasonable. Some states also allow for PIP claims even if a Workers’ Compensation claim exists, while others do not.

In some states, PIP is subrogable, meaning that your insurance carrier will pay for your loss, regardless of liability, and then recover (or subrogate) what it paid from the liable party’s insurance carrier. This generally leaves the claimant/insured in a much better financial position, because his or her medical bills are paid, and the insurance carriers get to fight it out on their own, and after the fact.

PIP can cover, within the specified dollar and time limits, the medical and funeral expenses of the insured, others in its vehicle at the time of the loss, and pedestrians struck by its vehicle. The basic coverage is for the insured’s own injuries, on a first-party basis, without regard to liability. Again, it is only available in certain states.

Many states that do not have PIP have Auto Medical Payments coverage, or AMP, and some states even have both. AMP is also a first party coverage, without regard to liability, but is only subrogable in a few states, and generally optional.

AMP & PIP limits range from $1500.00 to $250,000.00 depending on the injury and the state. Claimants involved in an auto accident are wise to submit their own insurance information to their medical providers, as third party carriers are under no legal obligation to pay a claimant’s medical bills, while first party carriers are.

Third party carriers are subject to payment only after a judgement against them, and any payments prior to that are considered voluntary. Settling a claim with a third party carrier is considered a voluntary payment.
States with mandatory PIP coverage

Delaware
Florid
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Oregon
Pennsylvania
Utah

Helping the people since 1997.

Contact Us Today

Lawyers for Workers Compensation Claims

 

Lawyers for Workers Compensation claims ,Workers compensation claim resource guide lawyers for workers compensation claims help the injured workers of Florida and Georgia

The United States workforce includes more than 105 million people. Every year, more than 6 million of these workers get injured and 6,023 more lose their lives on the job, according to the National Safety Council. The estimated cost is in the billions of dollars. Lawyers for workers compensation claims help injured workers

More than 245,000 injuries and illnesses were reported by Florida employers in 2002, according to a joint federal and state survey. Industries involving wholesale, retail trade and services experienced the greatest number of incidents, with 32 percent of the total reported cases. Construction and manufacturing industries together ranked second with 10 percent each of the total cases. Lawyers fro workers compensation claims help the injured worker.

Learn some facts about workers compensation and hire one of our lawyers for workers compensation claims today.

1. Can my employer fire me if I am out and receiving workers’ compensation benefits?

Yes. You should not be fired in retaliation for filing a workers’ compensation claim. However, the workers’ compensation law does not require your employer to hold your position for you until you can return to work.

2. Must I be released to full duty before I can return to work?

No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).

3. Is my employer required to have workers’ compensation insurance?

Employers with four or more employees, part-time or full-time, are required to have workers’ compensation coverage. An employer in the construction industry with one or more employees is required to have insurance.

4. Where does my workers’ compensation benefit check come from?

It comes from your employer’s workers’ compensation insurance company (the carrier) or from your employer if the company does not have insurance.

5. Are workers’ compensation benefits taxable?

No.

6. When will I get my first check?

The earliest date you can expect your first check is within three weeks of your injury. This can only happen if you reported your injury to your employer immediately. The carrier is required to send a check within fourteen days after learning you will be disabled for more than a week.

7. Do I have to pay any of the medical costs?

Your employer or its workers’ compensation insurance company must pay for all approved and medically necessary care. If you are injured on or after January 1, 1994, you are required to pay a $10.00 co-payment per visit for medical treatment after you reach maximum medical improvement (MMI).

8. How are the doctors and other health care providers paid?

All authorized health care providers must bill your workers’ compensation insurance company directly. If you receive a bill, mail it to the insurance company or to your lawyer. Do not pay it yourself.

9. Can I choose my own doctor?

No. Your employer or its workers’ compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, we must ask the carrier to provide you with another. As a general rule, you cannot go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.

10. When is an impairment rating assigned?

When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have a permanent loss of function of a part of your body. When that date is approaching, it is important that you let our office know.

11. Am I entitled to a lump-sum settlement of my case?

A lump-sum settlement is allowed but is not mandatory. Any negotiations are strictly voluntary between the injured worker and the insurance company. A judge cannot force the insurance company to settle your case.

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 Attorney referral Service has Floridalawyers for workers compensation claims ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Attorney Referral has Florida Lawyers for workers compensation claims  ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

Lawyers for workers compensation claims ready to help you in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan , Riverdale , Snellville GA, Conyers GA, Covington , McDonough , Hampton , Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta , Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA Valdosta,Gainesville,Marietta,Jonesboro,Augusta, Savanah, Smyrna,Fayeteville, Tifton, Warner Robbins, Conyers

Nursing Home Injury, Negligence & Abuse

NURSING HOME Injury, neglect or abuse lawyers for

  • Broken Bones
  • Bed sores and bruises
  • Medication overdose
  • Malnutrition weight loss Hunger
  • Head injury
  • Dehydration or malnourishment
  • Poor hygiene
  • Soiled bedding  Agitation, withdrawal or fear
  • Frequent crying and fear
  • Complaints of poor treatment

Violent Nursing Home Attacks

Criminal offenders and mentally ill residents are fueling an increase in patient-to-patient assaults at nursing homes, according to experts.

This growing violence is sparking a rise in civil lawsuits by families of patients who have been assaulted by other residents, according to several elder law specialists.

In a recent survey, a nonprofit nursing home residents' advocacy group in Oklahoma, found 1,600 registered sex offenders in nursing homes.

The organization has also documented more than 60 rapes, murders and assaults committed by criminal offenders in nursing homes.

"It's a huge problem," Bledsoe said. "The issue of nursing homes being dumping grounds is nothing new, and certainly for years we've had nursing homes serving not only the disabled and the elderly, but more people with mental illness, behavioral problems, drug rehabbers, alcohol rehabbers and criminal offenders being placed in these facilities by state agencies."

While there are no official figures on the numbers of mentally ill and criminal offenders being housed in nursing homes, a recent report by the Associated Press estimated that nearly 125,000 young and middle-aged adults with serious mental illnesses lived in U.S. nursing homes last year.

A staff attorney at the National Senior Citizen Law Center in Los Angeles, said nursing homes that are having trouble filling their beds sometimes "start looking for residents, and get those residents from bad sources."

Often, the staff is not aware of a resident's violent past. And because of health care privacy laws, the facility is not allowed to disclose information about a resident to other residents.

Families often become aware that another resident has a history of violent behavior after their loved one is assaulted, he said.

"People are being raped, physically assaulted and murdered," he said.

Preventable injuries

Jonathan Rosenfeld, a plaintiffs' lawyer in Chicago and author of the nursing home abuse blog, said it's not just young mentally ill residents or those with criminal records who act out violently in nursing homes.

"The reality is that in addition to the young people who've got some violent tendencies, there are older people who have similar violent tendencies who are inter-mixed with the general population," he said.

While some facilities have separate Alzheimer's or dementia wards, many allow disturbed older residents who are prone to violence to mingle with other residents, he said.

Rosenfeld said that once a nursing home becomes aware that a resident has behaved violently or has a propensity toward violence, the facility has an obligation to take steps to protect others.

"Certainly, it's one of the most preventable areas of injuries and harm to nursing home residents," he said.

"You're prevented from saying, 'Look out for that guy,' but it doesn't eliminate a facility's obligation in making admission decisions and in monitoring residents."

Nursing Home Abuse  Beware  The Warning Signs Of Silent Injustice.  Protect Your Loved One. You are not Alone Call the     Nursing Home Abuse Helpline

Free legal Shield Attorney referral Service has Florida lawyers for   nursing home abuse ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Free legal Shied  has Florida Lawyers for nursing home abuse eady to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

We also have Lawyers fornursing home abuse in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA

 

Lawyers for Medical Malpractice

Lawyers For Medical Malpractice and Attorneys for Doctor and Hospital Negligence.

1. What  do lawyers  medical malpractice lawyers  do?

Medical malpractice occurs when a healthcare provider, as defined by Florida Statutes to include doctors, hospitals, HMO's, nurses, chiropractors, and therapists – fails to provide a given standard of care, resulting in injury or death.

2. What damages can be recovered by a lawyer for medical malpractice  from a medical malpractice lawsuit?

a. Medical expenses for treating the injuries caused by the malpractice

b. Damages for pain and suffering

c. Disfigurement and disability damages

d. Lost wages

e. In appropriate circumstances, law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship that are lost due to malpractice

3. Who  will your  lawyers for medical malpractice  hold accountable for medical malpractice?

Any person who provides medical care to you and is a "health care provider" as defined by Florida Statutes.

4. What if I did not end up with the desired outcome after treatment?  Is that considered medical malpractice?

In most cases, no.  If the desired outcome had nothing to do with the doctor’s skill of care exercised, then the likelihood of medical malpractice is very slim.

6. What are typical medical malpractice claims made by a medical malpractice attorney?

a. Failure to properly diagnose a medical condition

b. Failure to properly treat a diagnosed condition

c. Failure to obtain an “informed consent” from the patient prior to treatment

7. What is “informed consent”?

Informed consent is an individual's agreement to allow medical treatment to be rendered based upon full disclosure of all of the facts necessary to make an intelligent decision.

8. What are the statutes of limitations for your medical malpractice attorney to bring a medical malpractice case?

The statutes of limitations vary between state and case.

9.  Do I need a medical malpractice  lawyer to pursue a medical malpractice case?

Yes.  Medical malpractice cases are very complex and difficult to pursue.  A  lawyer for medical malpractice will obtain all the proper documentation – proper medical records, laboratory results, pathological reports, and all other reports resulting from testing.  An experienced medical malpractice attorney will then review your case with expert witnesses to determine the best outcome for your case.

Patients trust their doctors to prescribe the proper drugs for their health conditions. However, due to improper diagnosis or negligence by the pharmacy, hospital staff or doctor, the wrong dose or medication is often prescribed. The stressful nature of the medical profession in which doctors, especially emergency room physicians, see numerous patients every day makes this an all-too-common occurrence. These prescription medication errors can result in serious personal injury and death.

If you've been injured because you were given the wrong drug or an incorrect dosage, you need to know your legal options.

According to an Institute of Medicine report, between 44,000 and 98,000 deaths may result each year from medical errors in hospitals alone — and more than 7,000 deaths each year are related to medications. The FDA evaluated reports of fatal medication errors that it received in a five-year period and found that the most common types of errors involved administering an improper dose (41 percent), giving the wrong drug (16 percent), and using the wrong route of administration (16 percent).

The most common medication errors concern the type and dose of prescription medications. Specifically, a doctor might prescribe or a pharmacy might fill the incorrect amount of a drug — or the wrong drug — for a particular disorder or disease. Medication and prescription-related errors in Florida include:

* Patient’s medical history-related errors: A patient’s medical history must be understood to prescribe the correct medication. Allergies, age, weight, previous conditions and lab tests are all crucial factors in determining appropriate medication.

* Misplaced decimal points: A doctor can very easily prescribe the wrong amount of medication simply by placing the dosage decimal point in the wrong place, leading to under-treatment or, even worse, an overdose.

* Drug name confusion and illegible handwriting: A doctor must clearly write or abbreviate the appropriate medication to be filled. Any errors can result in improper medication which may have tragic consequences.

* Confusing packaging: There have been well-publicized cases of overdoses among infants who received adult doses of drugs because of similarities in the packaging between infant and adult products. Lawyers for medical malpractice also include medication error.

While the correct medication may effectively treat the patient’s condition, improper medication can be deadly. Many common injuries caused by medication or surgical implantation errors include:

  •  Incontinence
  •  Impotence
  •  Disfiguring skin eruptions
  •  Stroke
  •  Coma
  •  Cardiac arrest
  •  Respiratory problems
  •  Organ failure or organ damage
  •  Allergic reaction
  •  Neurological damage
  •  Brain injury
  •  Overdose
  •  Prescription addiction
  •  Sensory damage
  •  Hemorrhaging
  •  Psychological impairment (including depression)
  •  Failure to locate and remove a medical  device.
  •  The improper insertion of an IUD
  •  The improper implantation of a Vaginal mesh product
  •  The impropere implantation of a hip replacement
  •   The improper implantation of a cardiac devise

One of the most common forms of medical malpractice is an error or mistake in diagnosis. An improper diagnosis occurs when a doctor fails to identify the presence of a disease or notes the presence of a disease when the patient is in fact healthy. Diseases that go undetected can result in debilitating and permanent personal injury or even death. For example, a delayed diagnosis of cancer can result in the spread of the disease to a point beyond which medical intervention can help. The progression of a disease can result in substantially higher medical bills, pain and suffering for the patient and his or her loved ones and even death.

Diseases and injuries that are commonly misdiagnosed include:

* Ovarian cancer

* Stroke

* Heart disease, including acute myocardial infarction (heart attack)

* Diabetes

* Lung cancer

* Pulmonary embolism

* Testicular cancer

* Bacterial meningitis

* Cervical cancer

* Prostate cancer

* Breast cancer

* Tuberculosis

* Sepsis

The failure to diagnosis a condition may be caused by improper treatment and testing or by the failure to recognize a patient’s symptoms due to lack of experience, competence, or attentiveness on the part of the doctor, nurse or other hospital staff. While even doctors make mistakes, patients should not have to pay the physical and financial price for those errors.

Lawyers for  medical malpractice in Florida:Miami,Fort Lauderdale, Boca Raton,West Palm Beach,Orlando,Jacksonville,Tampa,Clearwater,Atlanta and all of Florida and Georgia can go over all the facts with you.

Free legal Shield Attorney referral Service has Florida lawyers for medical malpractice ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Free legal Shied  has Florida Lawyers for medical malpractice ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

We also have Lawyers for  medical malpractice, Doctor hospital errors in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.