Daniel Stark Law Blog
March 28th, 2017
As our loved ones reach a certain stage in life, it may become apparent that their needs and our capacities to meet those needs no longer line up. At that point, we do our best to secure the level of care they require either through at-home care or by moving that loved one into an assisted care facility. We expect that facility to not only provide that care but to do so in a manner that upholds our loved ones’ dignity. Unfortunately for some Texas nursing home residents, the nursing home facility entrusted with their care may fail to uphold that responsibility.
Nursing home abuse and neglect is one of the most tragic forms of personal injury law we handle at Daniel Stark Injury Lawyers. When someone in our aging community is treated with anything less than the upmost respect, we have a responsibility to stand up and defend their rights. But how do you determine whether or not your aging loved one has been a victim of nursing home abuse or neglect?
Most important, keep you eyes open for telling symptoms and signs. Here are just a few:
- bed sores,
- broken bones or lacerations,
- poor nutrition,
- unexplained injuries,
- over-sedation or unapproved changes to medication,
- extreme weight fluctuations,
- and signs of sexual assault.
If you suspect your loved one has been the victim of nursing home abuse or neglect, it’s important that you remove your loved one from danger as soon as possible. Once you’ve done that, consult with an attorney to better understand their rights. They may be entitled to compensation for what they’ve been through, which could be used to get them into a facility you can trust. Most important, act quickly. Your loved one’s safety may be at stake.
March 24th, 2017
Most people hope that they are never in a situation where they are going to need to hire a lawyer, but the odds are great that you are going to need one at some point. Like any other consumer choice, it’s very important to do your homework and properly research potential law firms prior to deciding who you want to represent you. Here are a few things to keep in mind when looking for potential representation.
- Area of expertise – Many lawyers and law firms have developed specialized legal issues that they concentrate on. It is important to know what your particular issue involves so you can find a lawyer that concentrates on that particular issue on a regular basis.
- Location – Most people are going to want to have a lawyer that lives in a specific area. It may be the area where a certain event took place, or where you or somebody else lives. If you want a lawyer that you can meet with and visit face to face, then you need to find a lawyer near you.
- Experience and reputation – It is important to know how long a law firm has been in existence, how many cases they have handled like yours and what their reputation is in the community. Don’t hesitate to do research on the internet and even ask friends and family if they have had any experiences that might provide some insight.
- Comfort – One of the, if not the most, important thing to consider when choosing a lawyer is your comfort level. This includes the lawyer, their staff, and their office. It is important to talk to the law firm and make sure that you a comfortable before entering into a lawyer client relationship. Most law firms will not charge anything for an initial consultation and this is a great opportunity to see what it would potentially look like to work on your case. If you feel like there is an immediate comfort level, then chances are good that there will be a smooth relationship moving forward.
March 23rd, 2017
For Daniel Stark’s March Movie Night, the team saw Kong: Skull Island! Kong: Skull Island is an original stories of sorts for King Kong. It takes place on his home of Skull Island and the movie is set in 1973. At the very end of the Vietnam War, some members of the mysterious Monarch organization request a military escort to a mysterious island that has never been explored. When the team arrives on the island, they immediately discover that there is more there for them than just a simple geography expedition.
Kong: Skull Island does have its strong points. The action sequences and visual effects are all together strong. Kong himself had good CG detail and other creatures the team runs into have their place. The movie moves quickly, and there isn’t much down time.
However, without that downtime comes sacrifices to the script and story. This movie has a star-studded casts with actors like John Goodman, Tom Hiddleston, Brie Larson, and Samuel L. Jackson, but the cast falls short of its potential in terms of its execution and overall story arc.
As you can see below, the movie got mixed reviews, but most agreed it was enjoyable to sit through. Not a great movie, but one that keeps your attention, has good action, and can be an enjoyable spring action movie in the theater. Be sure to stay after the credits for a little extra.
March 21st, 2017
Hiring a lawyer to handle your car accident claim is a big decision. The first thing you need consider is time. Getting maximum compensation for an injury claim can take a while. It doesn’t happen overnight. That’s one of the reasons a lot of accident victims settle for less than they deserve. They want money now, so they take the insurance company’s initial offer. They may regret that decision later on once the money runs out and the bills keep coming in, but they have to make the best decision for their family, just as you do.
The second thing to consider is your family’s current financial situation. If you have a good amount of money saved up and can afford to cover the excess expenses the insurance company doesn’t cover, then maybe dealing with the insurance company without a lawyer works for you and your family. We’d wager that most folks in Texas don’t want or can’t afford to pay out of pocket for someone else’s mistakes, in which case, we’d recommend they call an attorney to better understand their options.
Time and money. That’s what personal injury claims ultimately come down to. Are you willing to put in the time to fight for what your case is worth, and do you have extra money to pay for someone else’s mistake? If you’ve been injured in a car accident, ask yourself those two questions. Depending upon your answers, you may want to consult a Texas car accident attorney before you do anything else.
March 16th, 2017
“If you can’t stop thinking about someone’s update, that’s called ‘status cling.’”
– Jessica Park, Flat Out Love.
In this day and age, posting on social media has become a very important part of regular life. However, when a person becomes involved in a lawsuit, social media can become a battleground. We are now seeing more and more cases that are influenced by social media.
Unfortunately, even though it may be clear that the other driver is at fault for a wreck, his lawyers may use Facebook as a means of finding, and in some instances, creating evidence against you. Attorneys will use their staff members or paid contractors to friend the injured victims and then stalk their Facebook accounts or even interact with the victims for the purpose of gaining information. Lawyers for the insurance companies will use pictures of people bowling, vacationing or even walking around as an argument against them and their injuries. They will claim that the pictures were posted on Facebook near the time of the collision. Many times, it requires friends and family members to testify that the pictures in question were POSTED on Facebook long after they were taken.
We are also learning that Facebook is not as consequence free as we may think. A court in Buncombe County, North Carolina has approved a settlement for $500,000 for defamation over comments that were made on Facebook. An article published by the Asheville Citizen Times, and distributed through the American Bar Association Journal, reported that this settlement was related to a woman who posted, “I didn’t get drunk and kill my kid” in response to posts related to the general manager of a low-wattage radio station in the area. The manager had a son who was killed in an accidental shooting while playing with another boy in 1976. The manager had no involvement in her son’s shooting. The article quoted the manager as stating that she sued partly to “make a statement to the community that you can’t get on social media and run your mouth without consequences.” As we continue to live in the age of social media, we expect for litigation about Facebook to continue.
March 14th, 2017
We’d wager that the majority of Americans don’t enjoy going to the doctor. Nothing against medical professionals, but doctor’s visits aren’t usually pleasant experiences. First of all, if you’re going to a doctor, there’s probably something ailing you. Secondly, although you may get a diagnosis, there’s rarely an instant fix. You may get a shot or leave with a prescription, but the healing usually takes time.
Despite the unpleasant nature of doctor’s visits, you still go, because you assume the medical professionals you trust your health to know what they’re doing and will keep to the oath they took to “first, do no harm.” Unfortunately, when medical professionals fall short of that oath, it’s their patients who pay the price.
If you’ve been injured or harmed due to medical negligence, you may have a medical malpractice case, and you should absolutely consider bringing a lawsuit. Your injuries could end up costing you significantly from both a financial and physical standpoint. Without seeking legal recourse, you could be responsible for those future medical expenses. That’s a financial burden you and your family do not deserve.
Furthermore, the medical professional or institution that caused your injuries more than likely has medical malpractice insurance for this very reason. You have a right to file a claim for medical bills, lost wages, and more. If you’ve been injured due to medical negligence, we recommend that you consult with a medical malpractice attorney before doing anything else. That conversation is a good starting place for learning what your options are and what your next steps should be.
March 7th, 2017
You’ve probably heard the saying, “Some words you can’t take back.” It’s the same with actions. Some actions you just can’t take back. We can’t think of a single worse action than taking someone else’s life. Whether intentionally or by accident, causing someone else’s death is a tragic event one can never take back. In a wrongful death case, the goal is not to get revenge for that offense. Sure, anger may obviously be a factor in a grieving family’s decision to bring a lawsuit, but in our experience, worry about the future trumps even the anger they feel.
If you’ve lost a loved one due to someone else’s negligence, the companionship of that loved one isn’t the only thing that was taken from you. Your family has also lost their financial potential. All of their contributions have been lost, leaving you with every responsibility you once shared.
Once the gravity of that reality sinks in, it’s natural to be overwhelmed with questions, such as “How will we survive on only one income?” or “What will we do when the life insurance money runs out?” The Texas wrongful death attorneys at Daniel Stark help the surviving families of wrongful death victims work through those questions every day.
In our opinion, getting legal advice after a loved one’s death is vital to your family’s future. The financial impact of this tragedy goes far beyond funeral expenses. It may extend to years down the road, leaving your family in a vulnerable position. That’s why we recommend you consult with an attorney before making any decisions with the insurance company. Your family’s future is too important to go through this alone.
March 2nd, 2017
Daniel Stark is proud to announce that our March Charity of the Month is Hope After Brain Injury!
March is Brain Injury Awareness Month, and what better way to support those affected by brain injury than giving back to a wonderful organization dedicated to the hope and recovery from brain injuries. Hope After Brain Injury is a non-profit organization based out of Ft. Worth, Texas, that is devoted to sharing hope and resources by offering counseling, education and connection as community resources.
This organization has gone above and beyond to help caregivers, family members and traumatic brain injury survivors, like myself, get connected to the best resources and community during the long road to recovery. I first got acquainted with Hope After Brain Injury when I attended their annual conference just months after my accident. Since then I have grown to appreciate and embrace my new normal, thanks to the efforts and heart behind Hope After Brain Injury.
Want to get involved in supporting those affected by brain injury in a tangible way? Daniel Stark will donate $1 to Hope After Brain Injury for every new like on our Facebook Page during the month of March. Help us raise awareness by liking our Facebook Page here. You can also learn more about Hope After Brain Injury here
February 27th, 2017
Construction work is hard. If you don’t believe us, try standing outside in the hot Texas sun for eight hours straight. That’ll give you a glimpse into how difficult construction work can be. Along with being exhausting, construction work can also be quite dangerous. There are safety regulations in Texas to protect workers, but unfortunately, not all employers and/or employees adhere to those regulations, putting fellow workers at significant risk.
Since most construction jobs are paid hourly, an on-the-job injury can be extremely costly for a family that depends on a steady paycheck. Simply put, if you don’t work, you don’t get paid. You’d hope that your employer and their insurance company would take care of you after a construction accident, but that’s not always the case. That’s why it’s important to consult with an attorney before you sign anything from the insurance company. Why? Because you only get one chance to get your claim right.
Once you sign a settlement agreement with the insurance company, they are no longer responsible for your injuries. If the check they cut doesn’t cover all of your expenses, there’s no going back to them for more. That well dries up as soon as you sign on the dotted line. So who’s responsible for the excess medical expenses, lost wages, and other costs associated with your accident?
If you’ve suffered an on-the-job injury, the construction accident attorneys at Daniel Stark encourage you to consult with an attorney before you do anything else. That simple conversation could make a world of difference in both your recovery and your family’s financial future.
February 22nd, 2017
BECAUSE HE’S BATMAN!
Once a month Daniel Stark employees get together for a movie night to see a new release at the movies. Naturally, everyone has opinions when it comes to movies, and below are the reviews of The Lego Batman Movie!
Lego Batman is the anticipated follow up to the 2014 smash hit “The Lego Movie.” It follows the Lego Movie’s version of the caped crusader through the City of Gotham as he battles his traditional villains, including some of the little known Batman villains of the past. While Bruce Wayne is the social playboy of Gotham, Batman is secluded and refuses to work closely with anyone. However, when Bruce Wayne accidentally adopts a young Richard Grayson, his world becomes turned upside down, and he starts to learn the value of working with others.
From the opening sequence, Lego Batman’s tone becomes clear. It is a movie that kids will love because the action is fast paced, and for being Lego bricks, the way the action sequences play out are quite entertaining. However, this version of the Warner Bros.’ property is not self-enclosed. There is great humor about the Batman movies of the past (going all the way back to Adam West) and even some humor about the studio itself. This self-referential humor keeps adults in the theater entertained, as well as some well-placed jokes that will probably fly over your kids heads. Not to mention, some sweet tunes written by the Lego Dark Knight himself.
Overall, our employees at Daniel Stark very much enjoyed this movie, most giving it a 4/5 rating, with a couple of 5/5 ratings. With high ratings from our employees, and The Lego Batman Movie currently the second highest rated Batman movie of all time on Rotten Tomatoes, your friends at Daniel Stark certainly recommend it!