It is your right to file a claim.......

Don’t Feel Bad for Filing a Claim and Seeing An Attorney – It’s Your Right and You Need the Legal Protection

Imagine:  You have just been rear-ended in an automobile wreck by a person who seems genuinely apologetic and remorseful for having caused the wreck.  The police are called, information is exchanged, and you are sent on your way to seek medical treatment for your injuries.  You may go to the local emergency room, or you may see your family physician to evaluate your injuries.  You are hurt, but you feel sorry for the person who caused the wreck, and really you are not thrilled with the idea of suing someone.  You decide that you do not want to “sue” this person because it was “just an accident.”

First, it is important to understand that in the initial phase of a claim for injuries sustained in an automobile wreck, you are not “suing” anyone.  You are making a claim against that person’s automobile insurance company.  This is why the law requires all licensed drivers to carry automobile liability insurance.  In many cases, personal injury claims can be resolved without the necessity of filing a lawsuit.  Your health and well-being are your most important consideration.

Second, you were injured by no fault of your own, but by the fault of another.  Virginia law allows and provides for the injured person to receive compensation to cover the cost of the medical treatment, any lost wages, pain and suffering, mental anguish, permanency of injuries, disfigurement, and future medical expenses and lost wages.  The law is wise and it states that deserve to be compensated for your injuries that have been caused by the wreck. 

Third, if you try to handle your claim by yourself, you will be dealing with an insurance claims adjuster who is experienced, trained, and with the singular goal to pay you as little as possible.  Fairness and justice are not in the vocabulary of most insurance claims adjusters.  So it most cases, you need to have an experienced, trained, and focused lawyer on your side to protect you with the singular goal of obtaining full and fail compensation for you.  Having an attorney advocating on your behalf allows you  the time and the peace of mind to focus on healing from your injuries and taking care of your family. 

The bottom line here is this:  if you pursue a claim, don’t worry about hurting the feelings of the at-fault driver if you make a claim against their automobile insurance company – that’s why they have insurance, and having a lawyer to protect your rights and to act in your best interest is the prudent, wise thing to do – Virginia law says so.

Consult an experienced personal injury attorney if you have been injured in an automobile accident.  Call us at Altizer & Altizer at 540-345-2000 or toll free at 800-310-5777 or visit us at our website, www.AltizerLaw.com.

Distracted Doctoring......

The Spring 2012 issue of The Safety Report asks, “What happens when you go under the knife?  Similar to distracted driving, a new trend, “distracted doctoring” has emerged.  Hospitals and doctors’ offices, in an effort to curb medical errors, have invested heavily to put computers, smartphones and other devices into the hands of their medical staff to facilitate better patient care.  But, this means that doctors and nurses can be focused on the screen and not on their patient during moments of critical care.  Examples that are cited are a nurse checking airfares during surgery and a poll that showed that half of technicians running bypass machines had admitted texting during a procedure.  Scott Eldredge, a medical malpractice lawyer In Denver, represented a patient who was paralyzed after surgery.  The neurosurgeon was distracted during the surgery, using a wireless headset to talk on his cellphone.  His personal calls, at least 10 of them, were made to family and business associates according to his phone records.  Their advice:  Next time you go in for a medical procedure, ask your doctor to turn off the cellphone.

 Bettina Altizer- Attorney at Law

Altizer and Altizer

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

If you have been injured in an Auto Accident- here is some valuable information

If you have been injured in an auto accident in Virginia – Roanoke, Salem, Botetourt, Blacksburg, Franklin Co. or the surrounding areas --

All too frequently we receive calls from injured persons who relied on the insurance company to take care of them and resolve their claim in a fair and reasonable manner.  The insurance adjuster strings you along with gracious concern for your well-being and promises to pay your medical bills and lost wages at the conclusion of your claim.  When you attempt to settle your claim with the adjuster, you come to the rude awakening that the adjuster never intended to resolve your claim to your satisfaction.  This is because your well-being is not their priority – saving money for their company is.  If you wait until it is time to resolve your claim to seek a lawyer’s help, you could be in a precarious position.  So much time has elapsed that it could be too late to take photographs of the automobiles involved and of your injuries.  Witnesses may have vanished along with their important knowledge of the wreck.  You may have signed an authorization to allow the adjuster to access your medical records without limiting the authorization to wreck-related records.  You may have divulged information to the adjuster to which he or she is not entitled.  You may have compromised your claim.  That is why it is vitally important that you consult an attorney with proven experience in handling personal injury and bodily injury claims if you have been involved in an automobile collision.  It can make the difference between receiving the compensation that you deserve and having to settle for what the insurance company thinks that your claim is worth.  Call us at Altizer & Altizer, at 540-345-2000.  Our website is www.AltizerLaw.com.

Negligence in a Nursing Home

A jury in Tennessee awarded $8 million in damages recently in a case that involved a retired surgeon with severe osteoporosis who was a patient at a nonprofit nursing home.  The patient was transferred from a chair into his bed without a lift and only one nursing assistant, which was a violation of the care plan established by the nursing home.  The patient’s legs were broken, but he was put back to bed, and employees of the nursing home were ordered to change the medical records and cover up the incident.  The patient had previously suffered a stroke and was unable to tell anyone what had happened.  His condition was eventually discovered, and he was transferred to another facility where he passed away.  This is a horrific example of the substandard care that our loved ones might receive in a long-term care facility if we are not proactive about their care.  If you or a loved one have been injured by the negligence of another, please contact our attorneys at Altizer & Altizer.  Bettina C. Altizer or Terri Welch Luzynski would be pleased to meet with you to discuss your potential legal matter.  We can be reached by calling (540) 345-2000, or visit our website at altizerlaw.com. 

New Hours of Service for Commercial Trucks..........

The American Trucking Associations filed a petition for the U.S. Court of Appeals for the District of Columbia to review the Federal Motor Carrier Safety Administration’s final hours of safety rules.  The new hours of service rules (HOS) reduce by twelve hours the maximum number of hours that a commercial truck driver can work within a single week.  Under the old rules, the drivers could work on average 82 hours per week.  The proposed HOS rules reduced that number to 70 hours per week and mandate a thirty-minute rest period within every eight hours worked.  The new rules let stand the 11-hour daily driving limit within a 14-hour, non-extendable window from the start of the workday, following 10 consecutive hours off duty, which advocates had opposed because of possible risks to public safety on the highways.

 Bettina Altizer- Attorney at Law

Altizer and Altizer

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

Some Tips for Choosing a Long Term Care Facility

The Joint Commission has some tips for choosing a nursing home or other long term care facility.  Such a decision should not be made hastily and without proper research.  Here are some selected tips from the Commission, which should give you a good start:

How is the organization staffed during evenings and weekends?  How many nurses are on duty?  What is the ratio of nursing assistants to residents?  How are medical situations handled that are beyond the organization’s capabilities?

Do you know the organizations philosophy about end-of-life decisions?  Are residents and their families involved in decisions that will prolong life with artificial means?

Does the organization have a resident and family council?  How are often are the meetings?  How does management deal with suggestions from the councils, families, and residents?

Does the organization monitor itself or does it rely only on state oversight?

In an emergency, can the organization provide care or make arrangements for care to be provided?

These are just a few things to consider when you are faced with placing a loved one in a nursing home.  Remember, you are placing the safety and well-being of someone very dear to you in the hands of staff and personnel that you do not know.  Make no assumptions and do your homework.

Bettina Altizer- Attorney at Law

324 Washington Avenue

Roanoke, Virginia, 24016

540-491-0015