Do you occasionally text while driving? Even once? Expect police to pull you over.

There are now tougher texting and driving laws taking effect in the state of Nebraska and throughout the country. Most states are tightening current texting while driving laws. While texting while driving is already illegal to do in Nebraska, it was not enforced. That has changed.

Drivers may receive tickets with stiff fines for texting while driving. Prior to this, officers had to pull you over for another violation before issuing a ticket for texting behind the wheel. In school and work zones, drivers will not be able use their phones – not even for making calls or navigating – unless it is an absolute emergency (you may have already seen the signs.) Texting within a school or work zone may result in points on your license.

Most states’ texting and driving laws have important provisions. In some states, the police must record the race and ethnicity of each driver they ticket for texting while driving. Afterward, that information must be provided to the state to determine if the law is being enforced appropriately and evenly. Also, in others, the police must disclose that drivers have a right to decline a search of their cell phone.  Know your rights in the state you drive in. 

The best advice is as long as the car is moving, put the phone down and don’t use apps for anything while you are driving.  Many accidents can also happen when a driver who was texting takes their eyes off the road.  We represent those injured by distracted drivers and if you were hurt by someone who wasn’t paying attention to the road, call us for information.  Call now at 402-593-2000.

When you’re in an accident, a traumatic brain injury (TBI) is significant and a second brain injury when you’ve already sustained a first can cause even more catastrophic damage. This is termed a recurrent traumatic brain injury or second impact syndrome, which basically means that you get further damage after a severe first injury.  The effect of second impact syndrome depends on the location of the injury, the severity of the first injury, and the degree of trauma sustained.

To be frank, a second impact after a first is more likely to cause severe brain damage, even if the victim does not lose full consciousness. Just like breaking your neck, and then slipping and falling soon after, a second impact can easily magnify your injury and add to it. If you suffer a blow to the head in the months following a brain injury, even if you feel it wasn’t a very big deal, seek medical attention immediately. A second injury or concussion is often termed a “silent killer”, even if both impacts appear to be minor annoyances.

There are three levels of traumatic brain injuries: mild, moderate, and severe.

Mild injury – A mild TBI is characterized by loss of consciousness for a few seconds or minutes, if at all. Loss of consciousness doesn’t need to occur and a victim may only appear to be confused or disoriented.

Moderate injury – A moderate TBI is characterized by loss of consciousness that may last up to a few hours and confusion that can last up to weeks. With a moderate TBI, complications can last for months and could be permanent.

Severe brain injury – The most severe TBIs come from crushing blows or penetration to the skull and brain. This level of injury is life-threatening and the victim is not likely to return to the life that they once had.

Recovering from any type of  brain injury may seem like an uphill battle, but it is possible to recover and move on with your life. Although there may be some extreme challenges and set backs, the battle can be fought and won and successfully recovery may be obtained.

People who believe they may have sustained a brain injury or concussion, even a mild one, should know that further symptoms may continue to develop for weeks. Any new symptoms should be addressed by a healthcare professional. Contact skilled brain injury attorneys at Strigenz & HItz Law Firm for more information.  Call 402-593-2000 today!

A series of investigative reports by the Center for Public Integrity in 2014 began public awareness that nursing homes were over-reporting the amount of medical staff working in their nursing homes. The Center for Public Integrity’s investigation determined that greater than 80% of nursing homes reported staffing levels that were higher than what they really were. The investigation also found that 25% of nursing homes nationwide reported staffing levels that were at least two times as high as their actual levels. 
https://www.publicintegrity.org/2014/11/12/16246/analysis-shows-widespread-discrepancies-staffing-levels-reported-nursing-homes
 
In 2015, the Centers for Medicare and Medicaid Services (CMS) mandated nursing homes begin transitioning from self-reporting their own staffing amounts to using payroll-based systems to report staffing. 
 
Nursing homes are required by state and federal regulations to meet certain minimum levels of staffing to meet the needs of their patients. Attorney Rich Hitz has been an advocate for nursing home residents since 2004.  “Lawyers who have spent their careers representing nursing home residents have long been concerned a major factor in almost every nursing home neglect injury can be traced back to low staffing levels,” said Hitz. 
 
The public can check the staffing levels of a local nursing home by using the CMS Five-Star Quality Rating System website. This website is designed to help consumers, their families, and caregivers compare nursing homes more easily when searching for a local nursing home.   
 
https://www.medicare.gov/nursinghomecompare/search.html
 
The web site features a quality rating system that gives each nursing home a rating of between 1 and 5 stars.  Nursing homes with 5 stars are considered to have much above average quality and nursing homes with 1 star are considered to have quality much below average.  Look for the column on the website titled “Staffing” to help you find a nursing home with a high star rating for staffing.  More staffing means better care.
 
If you or a family member has been injured in a nursing home contact your best Nursing Home Attorney at Hitz Law to schedule a free accident evaluation. 

Nursing home eviction, commonly referred to as involuntary discharge, has increased in recent years.  There is a commonly held belief by lawyers who work every day with families of nursing home residents that the tightening Medicaid payments incentivize nursing homes to “dump” nursing home residents soon after their 100 days of Medicare rehabilitation payments end.  
Medicare reimburses nursing homes at a higher rate than Medicaid, making brand new nursing home residents just transferred from a hospital with a fresh 100 days of Medicare reimbursement more attractive prospects than long-term residents that have been in a nursing home longer than 100 days but don’t have the ability to privately pay their $6,000 to $10,000 per month bill. 
A recent national public radio syndicated show highlighted the American Association of Retired Persons (AARP) defense of a California case of illegal nursing home eviction. 
Nebraska law states nursing home residents have the right to “be free from arbitrary transfer or discharge.”  Nebraska Administrative Code 175 NAC §12-006.05(5)
 
The entire regulation states:
 
(5) The resident must be informed at the time of admission that he or she may be transferred or discharged only upon the following terms:

1. Upon his or her consent;
   
   
2. For medical reasons, which must be based on the resident’s needs and be determined and documented by a physician;
   
   
3. For the resident’s safety or the safety of other residents or facility employees;
   
   
4. When rehabilitation is such that movement to a less restrictive setting is possible; or
   
   
5. For nonpayment of the resident’s stay, except as prohibited by Title XVIII or XIX of the Social Security Act as amended, or the Nebraska Nursing Home Act, Neb. Rev. Stat. §§ 71-6008 to 71-6037. Non-payment under the Nebraska Nursing Home Act must not include a change in resident economic status so that the resident receives Medicaid or becomes eligible for Medicaid if the resident has resided in the facility for a period of at least one year after July 17, 1986, unless 10% of the facility’s residents are receiving Medicaid or are eligible for Medicaid. This provision does not apply to Nebraska Veterans’ Homes established under Chapter 80, Article 3 of Nebraska Statutes.A minimum of 30 days written notice must be given to the resident or to his or her designee prior to involuntary transfer or discharge of a resident, except that:
   
   
6. Five days written notice must be given if the transfer is to a less restrictive setting due to rehabilitation.
7. Ten days written notice will be given if the resident is five or more days in arrears of payment for stay.
8. Written notice is not required in the event of emergency transfer or discharge if the transfer or discharge is mandated by the resident’s health care needs and is in accord with the written orders and medical justification of the attending physician, or if mandated for safety of other residents or facility employees as is documented in the facility’s records.Written notice must contain:
   1. The stated reason for transfer or discharge;
   2. The effective date of the transfer or discharge; and
   3. In not less than 12-point type, the following text:

 
“A health care facility or health care service shall not discriminate or retaliate against a person residing in, served by, or employed at the facility or service who has initiated or participated in any proceeding authorized by the Health Care Facility Licensure Act or who has presented a complaint or provided information to the administrator of the facility or service, the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, or the Department of Health and Human Services Regulation and Licensure. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.”
 
Stop Nursing Home Neglect and Abuse
Nursing home residents and their families cannot allow neglect or abuse to continue.  All instances of neglect or abuse must be immediately reported to the correct Nebraska authorities.  Steps must be taken to protect all residents from further harm. If your loved one has been harmed because of neglect or abuse in a nursing home or has been improperly evicted, contact trial lawyer Rich Hitz to learn your options.

Pain and suffering as it relates to a personal injury case.
 “Pain and suffering” is simply a term used to describe the physical pain and emotional distress one has endured as the result of a personal injury. Pain and suffering is just one category of damages that you may pursue in a personal injury claim or lawsuit. Other types of damages can include medical expenses incurred, lost wages, a diminished earning capacity, loss of consortium, etc.

Pain and suffering differs from one person to the next; that being said, suffering some kind of physical and emotional trauma after a car accident or other type of personal injury is normal and expected. Pain and suffering can range from mild (e.g., discomfort caused by a relatively-minor injury) to very serious (e.g., chronic back pain, migraines, disfiguring scars, PTSD, etc).

Our brains respond to external trauma by interpreting it as pain. This pain can be quantified in a number of ways, but it’s always best to have your attorney prove up your damages and prepare your official demand.
While seeking compensation for pain and suffering is extremely common, it is unlikely that you will win a claim based on pain and suffering alone, if there is no verifiable evidence of a physical injury (i.e., medical bills). For this reason, it’s vital that you seek medical attention as soon as possible following an injury. Failing to do so only gives credence to the insurance company’s inevitable argument that you did not actually suffer an injury.

When it comes to determining the value of your pain and suffering claim, your attorney will take several factors into account, such as:

1. Your attorney will have an expert witness evaluate the extent of your injuries by way of examining medical charts as well as the doctor’s objective report. They will then compare this information with other cases where the victim sustained the same type of injury under the same circumstances in order to determine what courts are likely to award, should the case go to trial.
2. Your legal team will also look at how bad your injuries are, and how long it will take for you to make maximum medical recovery.
3. When it comes to things like depression, anxiety and PTSD, they will need to get a medical report from your prescribing doctor as well as take stock of the medications you are taking and how long it will take you to experience relief.
4. Your age, sex and position in life will also come into play, as these will inform how well you’ll be able to bounce back from your injuries, as well as whether or not your quality of life or lifespan will be impacted by your injuries.
5. Your attorney will also work to determine what limits these injuries will place on your movement and ability to perform work-related duties on a day-to-day basis.

Claims involving pain and suffering are going to be heavily contested by the insurance company, which is why it’s best to work with a good Dallas injury lawyer who has fought these same insurance companies before and can provide you with the best opportunity to win your case. Not only will hiring an experienced lawyer give you much-needed leverage when it comes to negotiating a settlement, but your attorney will have in-depth knowledge of the claims process and will not let the insurance company take advantage of you.