Month: March 2018

Are Bed Sores A Sign of Nursing Home Abuse or Neglect?

Are Bed Sores A Sign of Nursing Home Abuse or Neglect?

A bed sore is a type of painful skin sore that can develop when someone is left sitting or lying in the same position for a long period of time. This type of injury is not serious in the early stages, however it quickly worsens if it is left untreated. Sadly, many nursing home residents suffer from these injuries, since their mobility is limited. If your loved one is diagnosed with a bed sore, it’s important to understand whether or not this injury was caused by nursing home abuse or neglect.

How Abuse or Neglect Can Lead to Bed Sores

Many nursing home residents are either confined to a wheelchair or a bed due to their physical condition. These residents are at a higher risk of developing bed sores since their movement is very restricted. It is the staff’s responsibility to make sure these patients are properly taken care of to prevent bed sores.

Patients should be repositioned frequently so they are not left in the same position long enough to develop a bed sore. It’s also important for the nursing home staff to keep residents’ skin clean and dry since bed sores are more likely to develop when the skin is wet. Finally, pillows should be used to alleviate pressure on areas that are prone to bed sores and to separate parts of the body that press against each other. For instance, a pillow can be put between the legs of a resident that is lying on his side to ensure his legs do not rub against each other. A pillow can also be put underneath a resident’s tailbone, since bed sores frequently develop in this area.

Unfortunately, if a nursing home facility fails to take these preventative measures, bed sores can develop as a result of the staff’s neglect.

How to Spot A Bed Sore

Don’t assume that your loved one will tell you when they are developing a bed sore. If you are concerned about bed sores, ask your loved one how often someone comes in to reposition and care for her. If someone is not coming in frequently, ask your loved one if she is experiencing any pain or discomfort. Examine any areas that are pressed against the bed or wheelchair and look for changes in the skin’s color or texture. Even if a sore has not formed, these are the early signs that a bed sore is starting to develop. If a sore has already developed, it should be fairly easy to spot. Help your loved one seek medical treatment for the sore, and then get in touch with an attorney right away.

Do you think your loved one is being abused or neglected in a nursing home? If so, let the personal injury attorneys at Reisch Law Firm help. We will fight to hold the negligent parties accountable and recover compensation on behalf of your loved one. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is an Independent Medical Exam?

What is an Independent Medical Exam?

Personal injury victims are often asked to take an independent medical exam by the at-fault party’s insurance company. Before agreeing to an independent medical exam, it’s important to understand what to expect and why it’s required. Here’s everything that you need to know about independent medical exams in personal injury cases:

What is an Independent Medical Exam?

The insurance adjuster who is assigned to your case will want to verify your injuries before making a settlement offer. To do this, the insurance adjuster will typically ask that you agree to an independent medical exam. This is a medical examination that is supposed to be performed by an independent physician. However, in many cases, the physician that is chosen for the exam is one that has a relationship with the insurance company.

The purpose of the exam is to determine whether the victim’s injuries truly exist, and if they do, that they are as serious as the victim is claiming. The physician will also examine the victim to determine if the injuries could have been caused by something besides the accident caused by the insurance company’s policyholder.

How to Prepare For the Exam

Do not agree to an independent medical exam before speaking to an attorney. Your attorney will be able to tell you whether or not the exam is necessary. If it is, the attorney can prepare you for the exam by going over some basic rules. For example, it’s important to be honest when answering questions during the examination. Do not exaggerate your injuries or lie about the symptoms you experienced and the treatment that you received. If you are dishonest, this could affect your ability to recover compensation from the insurance company.

What to Expect After the Exam

After the exam, the physician will prepare a report that summarizes his findings and send it to the insurance company. The report will include the doctor’s opinion on a number of matters, including the severity of your injuries, the appropriateness of your treatment, and how the injuries have affected your life. The insurance company will then use the information in this report to determine how much they are willing to offer you.

If you have been injured, don’t hesitate to contact Reisch Law Firm. Our personal injury attorneys will handle the negotiations with the insurance company so you focus solely on recovering from your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Petty vs. Misdemeanor vs. Felony Theft in Colorado

Petty vs. Misdemeanor vs. Felony Theft in Colorado

In the state of Colorado, theft is committed when someone steals another person’s property. No theft charge should be taken lightly, but some are far more serious than others. The severity of the criminal charges will depend on the value of the personal property that was stolen. Here’s what you need to know about petty vs. misdemeanor vs. felony theft in Colorado:

Petty Theft

If the value of the property that was stolen is less than $50, the theft is considered a petty offense. This crime is often referred to as “petty theft,” and it typically involves people who shoplift low-value items from retailers.

Misdemeanor Theft

The crime is classified as a misdemeanor if the value of the items stolen is more than $50, but less than $2,000. It is considered a class 3 misdemeanor if the value is between $50 and $300, a class 2 misdemeanor if the value is between $300 and $750, and a class 1 misdemeanor if the value is between $750 and $2,000. The penalties vary depending on which type of misdemeanor the crime is classified as, with class 1 carrying the most serious consequences. Class 1 misdemeanors are punishable by up to 18 months in jail and fines of up to $5,000.

Felony Theft

Theft is considered a felony if the value of the stolen property is more than $2,000. Similar to misdemeanor theft, there are several different types of felony theft. If the value of the property is between $2,000 and $5,000, the crime is a class 6 felony. The charge is upgraded to a class 5 felony if the value of the property is between $5,000 and $20,000. Defendants can face class 4 felony charges when the value is between $20,000 and $100,000, and class 3 felony charges if the value is between $100,000 and $1 million.

Finally, the theft of property valued at over $1 million is a class 2 felony, which is the most serious of all theft charges. Anyone who is convicted of a class 2 felony could face up to 24 years in prison and fines of up to $1 million.

Theft charges carry serious penalties, but fortunately, a charge does not always lead to a conviction. If you are facing theft charges, contact the criminal defense attorneys at Reisch Law Firm to discuss your legal options. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Criminal Statute of Limitations in Colorado?

What Are the Criminal Statute of Limitations in Colorado?

Each state has its own set of criminal statute of limitations that restricts the amount of time prosecutors have to file charges against suspects. It’s important to understand the criminal statute of limitations in Colorado so you know how long prosecutors can file charges against you after a crime has been committed.

Statute of Limitations For Felonies, Misdemeanors, and Petty Offenses

The statute of limitations varies depending on the crime. In most cases, the statute of limitations for felony crimes is three years. However, this time limit is different for some of the more serious felony crimes. For example, the law was recently changed so there is no statute of limitations on sexual assault crimes. There is also no time limit for murder or kidnapping, which means prosecutors can file criminal charges against someone accused of murder or kidnapping at any time after the crime has been committed.

The statute of limitations for misdemeanor crimes is typically 18 months, whereas it is six months for petty offenses.

Some crimes, such as theft, can be charged as a petty offense, misdemeanor, or felony. This means if law enforcement suspects that you have committed theft, they may have six months, 18 months, or three years to file charges, depending on the nature of the crime. It’s important to work with an attorney to understand which of these charges you could potentially face so you know how long the state has to take action.

Time Limit Extensions

The time limit can be extended under certain circumstances. For example, let’s say someone commits burglary, which is a felony crime that has a statute of limitations of three years. He finds out that law enforcement suspects that he has committed the crime, so he leaves the state to avoid being arrested. He may think that if he stays out of the state for three years, he can avoid facing criminal charges when he returns, but that’s not the case. If someone is in hiding or trying to “wait out” the statute of limitations, the time limit can be extended to ensure prosecutors have plenty of time to file charges.

Anyone who is under investigation should seek legal representation from the criminal defense attorneys at Reisch Law Firm today. If charges are filed, we will stand by your side and protect your rights throughout the legal process. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Should You Tell Your Attorney If You’re Guilty?

Should You Tell Your Attorney If You Are Guilty?

People who have been charged with a crime often have a hard time deciding whether or not they should admit their guilt to their criminal defense attorney. Will telling your attorney the truth hurt your case or should you always tell your attorney if you are guilty? Here’s what you need to know:

The Benefits of Telling Your Attorney the Truth

Some attorneys may not want to know whether their clients are innocent or guilty, while others will want to know right away. If your attorney asks, it’s strongly recommended that you tell him the truth.

Many defendants believe that an attorney will not try to fight for an acquittal if he knows that his client is guilty, but that’s not the case. An attorney’s job is to ensure his client gets a fair trial regardless of whether or not the client is innocent. There’s no reason to worry that your attorney will treat you differently or make less of an effort simply because he knows that you are guilty.

Knowing the truth about what happened can sometimes help an attorney create a better defense strategy. If an attorney does not know all of the details about the case, this could affect his ability to present a strong defense.

There’s also no reason to fear that an attorney will tell authorities if you admit to committing a crime. Attorney-client communications are confidential, so they cannot be shared with anyone without the client’s consent.

Code of Conduct

Every attorney must follow a code of conduct established by the American Bar Association. The rules of this code of conduct states that an attorney cannot lie to the court or fabricate evidence. However, the defense attorney can argue all reasonable inference drawn from the evidence or lack of evidence.

However, this doesn’t mean that an attorney cannot defend someone that he knows is guilty of committing a crime. Instead, it means that the attorney must focus on pointing out flaws in the prosecution’s case. If the attorney can convince the jury that the prosecution has not proved the defendant’s guilt beyond a reasonable doubt, the attorney may win an acquittal for a client that he knows is guilty without violating the code of conduct.

If you are facing criminal charges, seek legal representation from a criminal defense attorney at Reisch Law Firm. Everyone has the right to a fair trial, and it is our goal to protect this right for all of our clients. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Factors That Could Affect the Value of Motorcycle Accident Claims

Factors That Could Affect the Value of Motorcycle Accident Claims

Motorcycle accident victims are often eager to find out how much their case is worth so they know whether or not they will be reimbursed for their expenses and compensated for their losses. Every case is unique, so the value of motorcycle accident claims can vary greatly. But, there are several factors that could affect the value of motorcycle accident claims.

The Severity of the Victim’s Injuries

Victims that sustain severe injuries in a motorcycle accident will typically be able to recover more compensation than victims who only sustained minor injuries. Some of the injuries that can significantly increase the value of your claim include head injuries, spinal cord damage, and loss of a limb. The at-fault party’s insurance company must generously compensate victims for these injuries since they are expensive to treat and can drastically affect the rest of the victim’s life.

Stereotypes About Motorcyclists

Some people think that all motorcyclists are irresponsible risk takers who love the thrill and danger of riding a motorcycle. This is an unfair stereotype that is certainly not true of the vast majority of motorcyclists, but it could affect the outcome of a motorcycle accident claim. If a case goes to trial, the jury may find it hard to put their own beliefs about motorcyclists aside. To avoid this problem, it’s important for a personal injury attorney to choose the members of the jury carefully to ensure none of them are biased.

Shared Liability

If the other party is 100% to blame for the accident, the victim will be awarded more compensation. However, if any of the liability falls on the victim, he will not be able to recover as much compensation.

For example, let’s say a victim is entitled to recover $100,000 for his injuries. If the other party was completely at fault for the accident, the victim will be awarded the full $100,000. But, if the other party was 80% responsible and the victim was 20% responsible, the compensation will be reduced by 20%. This means the victim will only be awarded $80,000 to account for the role that he played in the accident.

It’s important to understand if any of the liability falls on you so you know whether or not this will affect the amount of compensation that you are able to recover.

Have you been injured in a motorcycle accident? If so, contact the personal injury attorneys at Reisch Law Firm. We will fight tirelessly to recover the full amount of compensation that you deserve for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When is the Use of Physical Restraints Considered Nursing Home Abuse?

When is the Use of Physical Restraints Considered Nursing Home Abuse?

A physical restraint is any device or material that is used to restrict a person’s movement, including belts, bedrails, soft ties, and lap trays or tables. Many of these physical restraints are used to restrict the movement of nursing home residents. In some cases, using a physical restraint may be necessary, but other times it is not. When is the use of physical restraints considered nursing home abuse? Here’s what you need to know:

When Physical Restraints Are Necessary

Nursing homes are allowed to use physical restraints when they are necessary in order to keep nursing home residents and staff safe. The nursing home must consult a doctor, who will determine if it is necessary to use physical restraints after assessing the resident’s physical and emotional state. The doctor may also review the medications that the resident is taking before determining whether physical restraints are needed.

For example, a doctor may think it is necessary to use physical restraints if a resident who is already at a high risk of falling is disoriented from medication. In this case, the resident may need to be restrained to ensure that she does not attempt to walk on her own.

When Physical Restraints Are Unnecessary

A nursing home facility cannot use physical restraints for disciplinary purposes or to make employees’ jobs more convenient. For instance, if a resident breaks one of the facility’s rules, the facility cannot physically restrain the resident to punish her. The facility also cannot physically restrain someone so the staff doesn’t have to check on her or worry about what she’s doing. If physical restraints are used in this manner, it is considered abuse.

Nursing Homes Must Follow Certain Rules

There are certain rules that must be followed when a nursing home uses physical restraints on a resident. First, the nursing home must leave a call switch or device within reaching distance whenever a resident is restrained. This will allow the resident to call for help in the event of an emergency.

The staff must also check on restrained nursing home residents every 15 minutes to make sure they are comfortable. Every two hours during the daylight hours, the restraints must be removed so the resident has an opportunity to change positions, go to the restroom, eat, or drink. If these rules are not followed, the use of physical restraints could be considered either nursing home abuse or neglect.

Is your loved one being illegally restrained in a nursing home? If so, contact the personal injury attorneys at Reisch Law Firm. Our first priority is making sure your loved one is not in any danger. Then, we will aggressively pursue compensation from the negligent parties responsible for your loved one’s injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Strategies Police Use to Get Confessions

The Strategies Police Use to Get Confessions

Police officers conduct interrogations in order to try to get the suspect to make a confession. Sometimes, the confession is that the suspect committed the crime, but in other cases, the confession could simply be that the suspect has information related to the crime. How do police officers convince suspects to talk? Here are some of the strategies police use to get confessions:

The Reid Technique

If you are ever questioned by police officers, it’s very likely that they will use the Reid Technique on you. Police officers who are using this technique begin by telling the suspect that they know he is guilty because of the evidence they have against him.

Then, the police officer will start to develop a story that explains why the suspect committed the crime. As the police officer explains the story, he will be watching the suspect to see how he reacts. Some suspects may jump in and correct certain parts of the story, while others may start to exhibit obvious signs of discomfort. Eventually, the police officer will start to soften and tell the defendant that he understands why he felt the need to commit the crime. He may say that the defendant will feel relieved or may not face as many consequences if he confesses instead of proclaiming his innocence.

This technique is effective in wearing suspects down and getting them to make confessions. Suspects often feel as if they don’t have any other choice but to confess, even if they know the consequences of doing so.

Lying

It’s a common misconception that police officers must be honest when dealing with suspects. Many police officers lie to suspects in order to get them to confess to a crime. For example, police officers may tell a suspect that a witness saw them at the scene of the crime. They may also state that they found forensic evidence that proves the suspect committed the crime. If a suspect is told one of these lies, he may feel compelled to confess to the crime, only to find out later that the evidence or witness does not exist.

Sadly, these police strategies often lead to false confessions. Many innocent people confess to crimes because they are manipulated by police officers who subject them to hours of intense questioning. It can be very hard to prove that a confession is not true, which is why it’s in your best interest to never answer questions without an attorney present.

If you are ever brought in for questioning, it’s important to exercise your right to have an attorney present. Contact the criminal defense attorneys at Reisch Law Firm before answering any questions. Even if you are not guilty, it’s essential to have an attorney by your side to protect your rights. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Questions to Expect During A Slip and Fall Deposition

Questions to Expect During A Slip and Fall Deposition

At some point in a slip and fall case, the defense attorney may ask you to attend a deposition, where you will be asked questions about the accident while under oath. A deposition does not take place in a courtroom, but it can still be intimidating for slip and fall victims. To make yourself more comfortable, it’s best to learn what questions to expect during a slip and fall deposition so you feel fully prepared. Here are some of the most commonly asked questions:

What happened?

Slip and fall victims will be asked to describe the events leading up to the accident. The defense attorney will want to know every detail—no matter how small—about the accident. You may be asked detailed questions about what you were carrying, which foot slipped first, and which direction you were looking in when the accident occurred.

What were you wearing when the accident occurred?

A defense attorney will want to know exactly what you were wearing when the accident occurred. What kind of shoes did you have on? Were they difficult to walk in? Are they slip-proof? Were your pants too long? The answers to these questions can help the defense attorney determine if your clothing or footwear could have caused the accident.

Can you describe your medical history?

Slip and fall victims should expect to be asked a lot of questions about their medical history. The defense attorney may start out by asking something broad such as “Can you describe your medical history?” Then, he will get more specific by asking detailed questions regarding your healthcare providers, medical conditions, and history of injuries.

What injuries did you sustain in the accident?

Next, the defense attorney may move on to asking questions about the injuries that you sustained in the slip and fall accident. You may be asked dozens of follow-up questions about the symptoms that you experienced, the medical treatment you received, medical expenses, and your recovery.

Some of these questions can be fairly detailed, so it’s possible that you won’t know the answer off of the top of your head. If you don’t know the answer to a question, there’s nothing wrong with saying that you don’t know or remember. Admitting that you don’t have the answer is much better than making something up that can be used against you later on.

Have you been injured in a slip and fall accident? If so, contact Reisch Law Firm as soon as possible. Let our personal injury attorneys fight for compensation for your medical expenses, lost wages, and pain and suffering. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Differences Between Manslaughter and Murder in Colorado?

What Are the Differences Between Manslaughter and Murder in Colorado?

Two of the most serious crimes that you can be charged with in the state of Colorado are manslaughter are murder. Both of these crimes involve the loss of a life, which means the consequences that you will face if convicted are grave. Although similar in nature, these two crimes have a number of significant differences. Here are some of the differences between manslaughter and murder in Colorado:

The Intent

The main difference between manslaughter and murder is the defendant’s intent. A person who commits murder is being accused of intentionally killing another person. If the charge is first degree murder, this means the defendant is being accused of premeditated murder. A second degree murder charge means the defendant knowingly and intentionally killed the victim, but it was not planned in advance.

A person who commits manslaughter does not intend on killing anyone, but rather the victim is killed as a result of the defendant’s reckless behavior. Therefore, the state does not need to prove that you intended on killing the victim in order to convict you of manslaughter. Instead, the state simply has to prove that you knowingly engaged in conduct that put others in harm’s way.

The Consequences

The consequences for manslaughter and murder are also very different. Although both of these crimes are serious, murder is considered worse in the eyes of the law because it involves an intentional killing. If you are convicted of first degree murder, you could face either life in prison or the death penalty. Defendants who are convicted of second degree murder can face up to 48 years in prison and up to a $1 million in fines.

If you are convicted of manslaughter, you could face up to 6 years in prison and a fine of up to $500,000.

Because the penalties for manslaughter are not nearly as extreme as the penalties for murder, many criminal defense attorneys will attempt to have their clients’ murder charges reduced to manslaughter. In some cases, the prosecution will agree to reduce the charges to manslaughter as part of a plea deal. Even though the defendant will still spend time behind bars, it will be a much lighter penalty than what he could face if he was convicted of murder instead.

No one should face manslaughter or murder charges alone. If you have been accused of either one of these crimes, contact the criminal defense attorneys at Reisch Law Firm as soon as possible. Let us fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.