With the recent explosion in online sales, Amazon, FEDEX, UPS and USPS have been delivering more packages than ever before. Compared to last year, online purchasing is up 55%, and we spent $66.3 billion online in July 2020 alone. Someone has to deliver all of those packages, and many times the drivers are overworked, under trained, and under a lot of pressure to meet strict deadlines. It should come as no surprise that Amazon truck accidents are becoming more common.
Amazon truck accidents aren’t like regular car accidents: – First, the sheer size of Amazon delivery vehicles can turn a low speed collision into a major health event. – Second, you don’t just exchange insurance information and go on with your life. Amazon has an entire legal department devoted to dealing with Amazon truck accidents, and they know every trick in the book to minimize, delay and confuse your claim to fair compensation for your injuries. It is, after all, in their best interest to pay you as little as possible.
Who is responsible for an Amazon truck accident?
You would think that the simple and obvious answer would be: the driver who is at fault. But our Dayton truck accident attorneys at Cowan & Hilgeman have found that this is a much more complicated question. The parties who may potentially be found at-fault are:
The delivery driver
Did you know that, even if the at-fault driver’s truck is covered in Amazon or FedEx logos, they may not actually work for that company? Some companies hire independent contractors to handle their deliveries, but still require them to wear their logos and meet their delivery timelines.
Why do they do this? To avoid liability when a driver makes a mistake. When an independent contractor causes a crash, you can’t file a claim under Amazon or FedEx’s massive insurance policies. Instead, you’ll have to demand compensation from the contractor’s own policy or find other sources of coverage (like your uninsured/underinsured motorist policy). An experienced delivery truck attorney can help you pinpoint exactly who is responsible for your injuries and demand the compensation you deserve.
If the driver is an independent contractor and not an employee of the company, you can file a claim against the individual driver. The driver’s insurance company might offer you a settlement or you could take your case to court to fight for the compensation that you consider fair.
The delivery company
There is a theory of responsibility that makes a company responsible for the actions of its employees. If an employed driver commits a negligent or illicit act within the scope of work, the injured party can file a claim against the company itself. State laws determine the “scope of employment” in an accident.
A third person
In some cases, a third party, such as a driver or the vehicle manufacturer may be found responsible for an Amazon truck accident. In this case, the injured parties could sue the third party and/or the driver or company of the delivery truck.
Accidents involving delivery trucks can be enormously complex, even when a clear-cut case of driver negligence can be found. Navigating this challenging time, all while trying to heal from the physical, emotional and financial problems caused by an Amazon truck accident, should not be done without expert help and guidance. Going up against a massive company like Amazon, or one of their third-party delivery companies, is no easy task. As a business, they care more about their bottom line than doing what is right by those victimized in accidents with their drivers. They will offer lowball settlements, or they will try to deny the claim altogether and put the blame on you.
The truck accident attorneys at Cowan & Hilgeman Law have decades of experience fighting large companies like Amazon, to get you the compensation you deserve for your injuries. A no-obligation consultation is completely free, and we don’t get paid a dime unless we win your case. Call (937) 222-2030 today to arrange your free case review.
If you have an elderly or disabled family member in a nearby Dayton nursing home or assisted living facility, the thought of that person falling victim to nursing home abuse is horrifying. Unfortunately, this kind of abuse does occur.
At the Dayton Nursing Home Negligence law firm, Cowan & Hilgeman, our attorneys have years of experience litigating personal injury and wrongful death claims on behalf of clients whose loved ones were harmed by nursing home abuse or neglect in Dayton, Ohio.
COMMON FORMS OF ABUSE
Our firm will hold these facilities responsible for nursing home neglect and abuse, which can be exhibited in the form of:
Bedsores and decubitus ulcers This is one of the most common problems caused by nursing home negligence. They occur when nursing home staff fail to reposition a patient frequently. Bedsores usually develop in the area of the lower spine.
Depending on their severity, bedsores can be stage 1 to 4. Once a bedsore progresses to stage 4, it becomes very difficult to treat. They are also extremely painful and can lead to disastrous problems for a patient. If not recognized and treated promptly, bedsores can result in systemic infection and in the worst case scenario, can lead to death.
Carelessness and negligence resulting in death
Malnutrition and dehydration
Physical and sexual abuse
Once a family has made the difficult decision to place a loved one in the care of a nursing home or an assisted living facility, a family has the right to expect that their loved one will not be injured as a result of neglect or abuse. Unfortunately, nursing home neglect and abuse are realities in Dayton nursing homes, and it is critical that nursing home staff are held responsible for their actions.
MAIN CAUSES OF NEGLECT
Nursing home neglect and abuse can be the result of any number of causes. Among the more common causes seen in Dayton Nursing Homes are the following:
The facility may be understaffed
Staff may not be qualified for their assigned responsibilities
Inadequate employee background checks
Inadequate maintenance of medical equipment
Inadequate cleaning of the facility
Inadequate supervision of staff by a qualified medical practitioner
HOW TO DETECT AND PREVENT ELDERLY ABUSE
Nursing home neglect and abuse is often difficult to detect, and families should be on the lookout for common warning signs. There are various warning signs of a problem potentially involving nursing home neglect and abuse that are commonly seen in Dayton nursing homes:
untreated bedsores, wounds, cuts, bruises, or welts
abnormally pale complexion
bruises in a pattern that would suggest restraints
excessive and sudden weight loss
fleas, lice, or dirt on resident or in resident’s room
poor personal hygiene, unpleasant odors or other unattended health problems
torn clothing or broken personal items
Hundreds of thousands of Ohio residents live in nursing homes, or will live in nursing homes at some point in their lives. Dayton nursing homes and assisted living facilities should be places where an elderly or disabled family member goes to enjoy a life of rest, comfort, and safety.
Many nursing homes near and in Ohio are owned and operated by companies or individuals who are motivated by profits rather than the needs of their residents. If you believe that an elderly or a disable loved one was neglected or abused please contact our firm.
Being involved in a car accident can be a trying time in one’s life. Experiencing an injury from such an event changes your life. No matter the perceived extent of your injury, you should not ignore them. One of the most controversial and common injuries in rear-end collisions is Whiplash. So What is the big deal about Whiplash? What do you do if you have Whiplash from an Ohio car accident?
What is Whiplash?
Whiplash is a non-medical term used to cover the symptoms of neck pain. It results from sudden trauma of forceful back-and-forth motion of the neck, like the cracking of a whip. It happens most commonly when involved in a rear-end collision – even at speeds as low as 5 mph. Over 2 million American suffer from this type of injury every year. Whiplash usually has a recovery period of at least a few weeks. You should not treat this injury lightly! Even though they are rare, long-term complications do occur. Even minor pain can indicate the very real threat of a fracture and should be checked at the hospital or at your family doctor’s office.
If you have been injured in a car accident – get help immediately. Call 911!
Headaches, most often starting at the base of the skull
Tenderness or pain in the shoulder, upper back or arms
Tingling or numbness in the arms
Ringing in the ears (tinnitus)
What should you do if you have whiplash?
Just like any other injury in a car accident, there are steps you should take to protect yourself.
To learn more about what to do if you are in an Ohio car accident, click here.
Whiplash is linked to rear-end collisions, meaning someone has usually hit you with their car – and you may not be at fault. If you or a loved one has suffered from Whiplash and do not know what to do, we are here for you. Call our offices to schedule and appointment and allow us to help you navigate the confusing aftermath of an Ohio car crash. You don’t have to suffer alone.
As one of the largest health center corporations in the nation, Heartland / ProMedica has faced quite a few negligence verdicts and lawsuits for other related matters. To an extent, this is expected due to the sheer size of their health care system. No company is perfect; however, it does leave one to wonder – why does this keep happening? This articles explores the possible causes for the staggering number of Heartland / ProMedica negligence verdicts and lawsuits.
History of the Corporation
Originally founded in 1959, the company began as a locally-owned Ohio nursing home and care center with a passion for people. By all accounts it was a neighborly, friendly type of place that went above and beyond. This popularity and trust from the community allowed the company to grow rapidly. It now operates 13 hospitals, 4 ambulatory surgery centers, and more than 400 post-acute facilities in 28 states. It boasts a whopping ¨ 4.7 million patient encounters¨ per year, and has over 56,000 staff members on its payroll. The company has run through a variety of corporate names. From Paramount Health Care to HCR ManorCare to Heartland to (currently) ProMedica, it can be hard to keep track of its parent company. At one point the company was so large that it was traded on the New York Public stock exchange.
A time of growthand troubles
Much has changed since the 1960’s besides the slew of names. CDC data shows annual nursing home care revenue has jumped from 800 million in 1960 to 166.3 Billion in 2018. This is in part due to corporations like ProMedica buying more and more locations. Leading them to have as many beds as possible. More patient beds equals more revenue, which only allows them to expand further. In an effort to reduce costs and increase profits, they even laid off 1200 full-time employees with an “early retirement package” in 2016. This package was “offered” to employees 55 years old and above.
This pattern of rapid expansion has led to a host of problems from the company, from federal lawsuits to suits on the behalf of victims’ estates.
Unfortunately, it is difficult to show exact data on lawsuits against ProMedica. There are a variety of reasons for this, but most often this is because the company would rather settle lawsuits out of court and force litigants to sign a non-disclosure agreement, rather than risk details of the case becoming public knowledge. However, a few extremely disturbing cases have had their day in court, and the results of that have made it into the public domain. The following are a sample of those verdicts:
Heartland / Manorcare / Promedica nursing facilities all over the United States have been involved in all kinds of lawsuits, most commonly: bed sores, broken bones, infections, wrongful death, and a number of other abuses.
Dayton Area ProMedica / Heartland Nursing Homes:
Heartland of Kettering 3313 Wilmington Pike Kettering, OH 45429
Settlement Values in ProMedica Nursing Home Lawsuits for Abuse and Neglect Injuries
Our nursing home neglect and abuse attorneys have undertaken cases against ProMedica and its related facilities for years. Although prior results do not indicate an expected outcome on your case, the nursing home lawyers at Cowan & Hilgeman have experience dealing with difficult nursing homes and obtained justice for the families of those injured by nursing home abuse or negligence. Because these cases typically include a confidentiality clause, we are not permitted to share the names and settlement amounts in each case that our attorneys have successfully championed.
However, the range of issues we have tackled in regards to ProMedica includes bed sores, broken bones, infections, wrongful death, and a number of other abuses.
Do I have a viable suit against ProMedica?
Every situation is different, but there are several indicators for a solid personal injury suit against this corporate giant. To learn more about possible indicators, click here.
If you or a loved one has suffered from neglect, abuse, or unfair treatment from ProMedica or any of it’s affiliates, don’t hesitate. Call our compassionate staff for a consultation about your rights today. Corporate bullies don’t deserve to get away with continued policies holding profits above the value of people. Get the justice your deserve. Call (937) 222-2030 today to schedule your free, no obligation consultation with one of our nursing home attorneys.
It’s a beautiful morning in Dayton. You have the day off, so you decide to take a drive across town to visit an old friend. You stop to fill up your tank, but upon leaving the gas station, the unthinkable happens: you are involved in a car crash. Still in shock, you look around while feeling dizzy. You realize your head hurts. You know that you need to take action, but what is it? What do you do if you have a head injury from an Ohio car accident?
Before you panic, try to take a few deep breaths.
No one wakes up thinking they will be hurt. While accidents are unpredictable, there are a few things you can do to help manage bad situations like this. First and foremost, ask yourself a few questions to get oriented and figure out what steps you need to take next.
Are you safely out of the roadway?
Look around if you are able, and if possible, move your vehicle to the side of the road. Also, engage your hazard lights.
Can you assess the extent of your injuries?
Do a mental run-through of your body, and see what hurts. Can you move your neck? Are you feeling any tingles, dizziness, or numbness in your limbs? Be careful of fast motions- people in shock often don’t realize how much they are hurt while adrenaline is active in their system.
Is help on the way?
If there is anyone else stopped at the scene, ask if they have call 911 or the police. If not, make the call immediately to help prevent further issues.
Remember to see a doctor as soon as possible. Even if you feel like your head injury is mild, you need to be examined. According to Dr. Rachel Banks “Many patients report car accident injuries arising 2 to 3 days after the incident and often leave a crash reporting no injuries.”
The most common types of head injuries, aka traumatic brain injuires (TBI’s), result from car accidents. They vary in severity, but all types of head injuries from an Ohio car accident should be taken seriously. For more information about brain injuries from Ohio car accidents, click here. The following list are common head injuries, and how you can recognize if you are suffering from them:
Concussion – a sudden change in movement results in your brain hitting the inside skull. Symptoms include :Loosing consciousness, Headache or feeling pressure, Amnesia about the accident/confusion, Dizziness, Nausea, Vomiting, Slurred speech, Feeling dazed or light headed, Ringing in the ears (tinnitus), Feeling tired or fatigued, Personality changes, and Difficulty concentrating.
Contusion – if your head hits the steering wheel, or an object in the car flies into you, you may wind up having a bruise on the brain or contusion. Symptoms can be similar to a concussion, but also include: Difficulty forming new memories, Numbness or tingling at the point of impact, Difficulty balancing or coordinating motions, and Difficulty forming sentences.
Penetrating head wounds – when an object pierces your skull, this can be very serious. Even if you can’t feel it complications from a penetrating head wound include: Heavy blood loss, Bleeding from the ears, Seizure, Difficulty breathing, Loss of movement or sensation in limbs, Paralysis, Loss of consciousness, Loss of bowel and bladder function, and even can result in a coma
What happens next?
After the initial accident has passed, you’ve visited a doctor, and you have been diagnosed with a head injury, what should you do? Should you file an insurance claim, or a personal injury case? These important questions shouldn’t be pushed aside. Your whole life may change due to a head injury from an Ohio car accident. You may lose wages and time at work, have difficulty adjusting to new limitations, and be unable to maintain your former role in the relationships in your life. The sooner you reach out for help, the sooner you can reclaim your life.
You don’t have to suffer through this alone. Our knowledgeable, dedicated firm can guide you every step of the way through your case, and help you to get the fair compensation you deserve. Don’t wait! Set up an appointment for a case consultation today.
A car accident can change your life permanently. If you have suffered any type of brain injury from a car accident, you will need to adjust your daily activities to accommodate your new normal. But what can you expect to face after such an injury? Furthermore, if you weren’t at fault for the accident, how do you hold others accountable for it? How can you receive the compensation you deserve after such a traumatic event?
What is a brain injury?
According to brainline.org ¨Traumatic brain injury (TBI) refers to damage or destruction of brain tissue due to a blow to the head.¨
There are many types of traumatic brain injuries, however, for the purpose of this article we are going to focus on ¨closed¨ injuries. One of the most common issues after an accident is whiplash. The quick movement of the head back and forth causes the brain to make contact with the skull- and can cause severe damage. This contact can lead to broken blood vessels, bruising, and can stretch and break the nerves responsible for proper brain function. This is why many patients who suffer a brain injury from an Ohio car accident have damage to their frontal and temporal lobes.
What happens after you have a brain injury from an Ohio car accident?
First and foremost, if you believe that you have suffered from a brain injury- get help! Call 911 if you are able, and have paramedics sent to you.
Many people assume you have to pass out to have a closed brain injury. This is NOT true!
Even a mild brain injury can impair your cognitive abilities, change your behavior, and impact your ability to enjoy life or work to earn a living. Regardless of the severity of your injury, you should see a doctor after a possible brain injury from an Ohio car accident.
Do you have any of the following symptoms?
severe or unrelenting headaches
changes in you behavior or mood
weakness in limbs
If so, consult with a doctor as soon as possible.
So, what happens next?
If you or a loved one has been diagnosed with a brain injury, it will change your whole life. The physical and emotional toll may impact your friends, family, and work-life. Beyond these hurdles, your journey to recovery is often arduous and expensive. Fighting these types of personal injury claims can be long and complicated, but you don’t have to do this alone. Our compassionate team is here to help you receive the fair and full compensation that you deserve. Call us at (937) 222-2030 for a case evaluation today, and eliminate one type of headache caused by dealing with your brain injury.