Senior Action Coalition

Senior Action Coalition

Senior Action Coalition
Things Not to Do After a Car Accident
Being involved in a car accident is a traumatic experience. An accident happens with little warning, and when it does, there are certain things of which you should be aware to get through the ordeal...
What Is Commodities and Futures Fraud?
Commodities and futures refer to the majority of the largest and most-frequently traded world assets. These would be tangible commodities such as orange juice, oil, meat, copper, and wheat . . . things that regularly...
Car Crash Laws in New York
New York is one of the most modern and densely populated cities in the world. And if you commute in this busy place primarily by car, an unfortunate car accident is potentially always in the...

Things Not to Do After a Car Accident

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Being involved in a car accident is a traumatic experience. An accident happens with little warning, and when it does, there are certain things of which you should be aware to get through the ordeal in the best way possible. Here is a list of things not to do after a car accident.

Do not leave the scene.

When an accident occurs, you should never leave the scene right away. Leaving the scene of an accident is a serious offense in many circumstances. Even if you and the other party aren’t hurt, do not leave the scene until the police arrive to take your statements.

Do not move an injured person.

If a person has been injured in an accident, do not attempt to move them. Moving an injured person can potentially make their injuries worse, since they may have injuries that can’t be seen, such as broken bones or internal bleeding. Call an ambulance right away. The emergency personnel can do a proper assessment of the injured person and transport them to a hospital if needed.

Do not leave your vehicle in the road.

If you are involved in an accident, you should not leave your vehicle in the middle of the road, unless it is too damaged, or you are too injured to move it. Leaving your vehicle in the road blocks the flow of traffic for other motorists, and makes it difficult for the police and emergency personnel to get to the scene. Move your vehicle to the side of the road away from the flow of traffic.

Do not refuse medical treatment.

If you were in the vehicle accident, let the emergency personnel check you condition. Do not assume that you are fine, or that your injuries are superficial scratches and bruises. Some injuries may not become apparent right away, and some symptoms for injuries, such as a concussion, may not develop until hours later. To be safe, get yourself checked out, and keep a record of any medical treatment you receive for your claim.  

Do not take pictures without permission.

Pictures may help your insurance claim, because they are proof that the accident occured. They also give the insurer a better idea of the extent of the damage. However, you should only take pictures of your own vehicle’s damage. Do not take pictures of anyone else’s vehicle, unless they give you permission first.

Do not delay filing your insurance claim.

If you plan to file a claim with your insurer, you must do this as soon as possible after the accident. Some insurance companies have strict deadlines of when a claim will be accepted. If you file the claim outside of your insurer’s time-frame, you may not receive any compensation. So, get your documentation together, and file your claim sooner, not later.

Do not be afraid to seek legal help.

If your insurer refuses to honor your claim, you suffered loss of wages, or accrued medical bills as a result of the accident, do not be afraid to speak to an injury attorney to learn about your rights.

For more information on how to handle a car accident, visit the Automobile Association Development at www.theaa.com or Chicago car accident lawyers Lane & Lane.

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What Is Commodities and Futures Fraud?

Commodities and futures refer to the majority of the largest and most-frequently traded world assets. These would be tangible commodities such as orange juice, oil, meat, copper, and wheat . . . things that regularly show up in our day-to-day lives.

There are additional categories of assets that are not tangible, such as financial and currency options that are not as simplistic. These, too, are part of the commodities and futures markets.

These markets are regulated by the CFTC (Commodities and Futures Trading Commission). Thus, companies that fall under the control of the CFTC umbrella are those that are active in liquid markets like hedge funds, brokers, exchange traders, and others.

What Is Commodities and Futures Fraud?

Those who violate the terms of the Commodity Exchange Act have committed commodities and futures fraud and have defrauded the government. As watchdogs against commodities and futures fraud, the Whistleblower Office was created.

Under the Dodd-Frank Act, awards are granted to those who provide information leading to the exposure of instances of commodities and futures fraud. Protections were also established for CFTC whistleblowers to ensure that employers could not retaliate against them.

The CFTC’s Responsibilities

The CFTC maintains the integrity of futures markets by facilitating fair competitiveness, efficiency, and integrity. They are also responsible for protecting participants in the market against manipulation, malicious trading, and fraudulent acts, as well as ensuring the cleaning process is honest and fair.

Since 2014, the CFTC has been in charge of watching over DCMs (designated contract markets). They monitor exchanges, clearing organizations, swap dealers, data repositories, operators within commodity pools, and other go-betweens. The CFTC must work in conjunction with other foreign regulators like the Financial Conduct Authority in the United Kingdom.

Areas of Potential Commodities Fraud

The areas that most often see instances of commodities fraud are those that involve the liquid markets: commodity pools, foreign currency, binary options, precious metals, and commodity trading networks that are sold online.

How Is the CFTC Funded?

Despite what many would assume, the CFTC does not have self-funding. While fees for CFTC transactions have been requested for years now, no official legislation has been passed to grant them. The government funding for the CFTC has not been consistent, as it has been cut numerous times and the CFTC had to abandon numerous cases as a result.

When it comes to understanding the nature of commodities and futures fraud, one has to understand the role of the CFTC. The CFTC’s aim is to facilitate a transparent, competitive, and financially stable market for trading. They want to protect the markets, the public, and individuals and their personal funds. Those who violate the terms of the Commodity Exchange Act are fostering a fraudulent market and are committing commodities and futures fraud.

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Car Crash Laws in New York

New York is one of the most modern and densely populated cities in the world. And if you commute in this busy place primarily by car, an unfortunate car accident is potentially always in the cards, possibility through no fault of your own. If you’re involved in a car accident, you should know where you stand according to the car crash laws in New York.

Stop at the Accident Scene

Irrespective of whether the accident was your fault or the other driver’s, you should stop at the accident scene. You must stop if the accident involves a moving car, a pedestrian, someone’s property, or a parked car. New York wants drivers involved in a car crash to halt and remain at the accident scene to exchange or furnish information or offer reasonable help to the injured.

In case you leave, you may be charged for a hit-and-run offense and severely penalized. Based on the injuries or damages, you could be fined, imprisoned, or both. You might also end up losing your drivers license.

Additionally, New York uses no-fault insurance. If you’re driving a vehicle registered in the state of New York, you should buy liability insurance from a provider registered with New York State.

Call the Police

From the accident scene, call 911 or New York’s police department as quickly as possible. If an individual is killed or injured, you should immediately report the accident. If you bumped into a parked vehicle, inform the car’s owner. Let the police know about the accident and leave behind details such as your name, address, insurance information, and license plate number.

A police officer should respond soon after you call and make an accident report. Making a report means evaluating the damages and interrogating important witnesses to help ascertain the accident’s likely cause.

Gathering Information

If another vehicle is involved, exchange information with the other driver: your drivers license number, name, your car’s vehicle identification number, insurance policy number, the car owner’s name and address (if the car you were driving belongs to someone else), and your insurance company’s name and address. Ensure that the investigating police officer documents complete insurance details of all the parties involved.

Certain other details you could collect are accident witnesses and the other car’s passengers. Also, take note of the weather and traffic conditions. If you can draw a basic image of the accident scene, please do so. Or, you could snap pictures of the scene.

Determining Fault

Automobile collisions could be caused by several factors, which include driver negligence, poorly maintained roads, defective vehicle components, badly installed car parts, and so on. It is important that you not voluntarily pass on any accident-related information, blame the other driver, or take the blame upon yourself. You could feel you committed an error and later realize the other driver is equally at fault or is more in the wrong than you are.

Talk to your car accident lawyer in New York, insurance agent, or both. Any information you prematurely pass on to the other driver or investigating police officer could come back to haunt you later. It’s usually advisable to not sign any documents (unless it’s a traffic ticket) or pay for damages. The most important thing is to cooperate with the investigating officer at all times.

Resources

https://en.wikipedia.org/wiki/No-fault_insurance

https://legal-dictionary.thefreedictionary.com/hit+and+run

Fighting Nursing Home Abuse

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Fighting Nursing Home Abuse

As horrific as it is, nursing home abuse is common. While you always hope your elderly relative will be properly cared for, this is not always the case.

That’s one reason it’s so important to visit a nursing home prior to placing a loved one there. Spending time speaking with other residents, in the facility, and even eating the food is a good way to get a feel for what it will be like. Reading reviews online can also be helpful.

Still, even after careful research, it is possible for a senior to be placed in an abusive nursing home or with a neglectful or abusive caregiver.

Is Your Relative Safe?

It’s important to ask this question on a regular basis. Never assume your loved one is in good hands with a caregiver or in a nursing home. Instead, take the time to verify that assumption.

If more than one person in the family can check in on mom or dad, you can all take turns conducting a basic examination to make sure your loved one is not showing signs of physical abuse. Signs of neglect should also be watched for. Finally, someone needs to be involved in monitoring your loved one’s finances for suspicious activity.

It is also wise to check with the licensing agency a couple times a year to see whether any official complaints have been filed or if the nursing home has been cited for any safety violations. If so, it will be time to consider whether this is the best environment or if your loved one would be better off elsewhere.

Signs of Nursing Home and Elder Abuse

Several signs can tell you that a loved one may be suffering abuse or neglect. These include the following:

  • Strange Bruising – This could indicate physical abuse or carelessness.
  • Bedsores – Typically, bedsores only develop when someone is left in the same position for days or even weeks without being moved.
  • Weight Loss – No one should rapidly lose weight in a nursing home or while in the care of another party. If your loved one does, it could be because he or she doesn’t like the food or isn’t being fed properly.
  • Health Deterioration – If your elderly loved one’s health suddenly deteriorates, this could be a sign of abuse or neglect.
  • Broken Bones or Sprains – Often a clear sign of abuse, broken bones demand immediate action.
  • Mood Swings – It’s important to look into any sudden mood shifts your loved one may be experiencing.
  • Being Frightened – Feelings of fear and anxiety often stem from abuse, so pay attention if your loved one begins acting fearful.

Financial abuse is also common, so keep tabs on bank accounts and watch for strange purchases or sudden balance decreases. Most seniors have relatively fixed expenses, so the accounts should look the roughly same every month.

What You Can Do About It

If your loved one is the victim of nursing home abuse or neglect, it’s important to take action right away. You can hire an attorney to file a lawsuit, put your loved one in another home, or hire someone else to care for him or her. Do not leave your elderly loved one in the potentially abusive situation.

Once your family member is safe, filing a lawsuit will make it possible to seek financial compensation for the impact the abuse has had on them.

You’ll Need a Lawyer

Sometimes contractual provisions make it difficult to move a senior or place him or her in a better situation. In this case, it becomes important to hire a nursing home abuse attorney who can handle the process. After all, this is not a time to worry about contracts or the legal details of a situation. It’s the time to get your loved one to safety and away from abusers.

Texas Negligence Laws

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Negligence is defined as the failure to exercise the degree of care expected of a person of ordinary prudence in order to minimize the probability of harm or loss to another individual. Negligence is one of the most common personal injury cases filed in Texas. Under Texas law, the injured party has the right to pursue financial compensation for any loss or damages that may arise due to the negligence of other parties.

Understanding Texas Negligence Laws

Negligence laws do not differ much from state to state. However, some key differences arise concerning how states consider comparative and contributory negligence. Understanding the legal applications in Texas will increase your likelihood of recovering damages resulting from the negligence of other parties, especially if you work with a personal injury lawyer in Texas.

The Elements of Negligence in Texas

When it comes to personal injury lawsuits, the legal standard to win such cases is to provide proof beyond reasonable doubt. As the claimant in a negligence lawsuit, you must demonstrate in your case that the following five elements are satisfied:

  • There must be a duty owed by the defendant to the claimant: The defendant has an obligation to act or not act in a certain manner and thus owes you the duty to act or not to act. For example, a homeowner has the duty to maintain safe pathways to minimize the chance of injury to other parties. Indeed, duty is a question of the law, and it is upon the jury to determine whether a duty exists by considering factors such as the risk involved, the likelihood of injury, and the foreseeability of the risk.
  • A breach of duty: This element seeks to establish whether the defendant violated the applicable duty of care and acted in an unethical manner. For example, a homeowner who does not provide clear warnings of slippery floors or unsafe walkways might result in a visitor suffering an injury in their pathway. The homeowner has breached their duty to maintain safe pathways.
  • Cause in fact:  Your injury should have resulted from the defendant’s violation of the standard of care. For example, you would not have slipped and suffered injury if the homeowner had provided adequate safety mechanisms or warning signs within their premises.
  • Proximate cause: Would a reasonable person find it obvious that failure to provide adequate warning signs could result in slipping and falling?
  • Damage: As the plaintiff, you must have suffered actual damage or injury to warrant compensation from the civil system.

Comparative Fault Law

Note that Texas relies on the modified comparative fault standard to determine liability and the extent of the damage. The system uses the 51% rule. The plaintiff is allowed to claim compensation if they were not mostly at fault for causing the incident. Compensation also goes hand-in-hand with the percentage of fault. If you are subject to a $100,000 award and the jury decides that you are 40% responsible for your injuries, you will receive $60,000.

More information on the subject of negligence is available on the following sites:

Texas Civ. Prac. & Rem. 33.001

https://en.wikipedia.org/wiki/Negligence