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Why Do You Need a Lawyer after a Workplace Injury?

March 21, 2018

Getting hurt on the job can be result in serious, painful, and disabling injuries. You may be unable to go back to work for weeks or months, and when you’re not working, you’re not earning the paychecks your family depends on.

Indiana requires that almost all employers in the state carry workers’ compensation insurance, but business owners may be hesitant to confirm that injuries occurred on company property or while working. In addition, the workers’ compensation system isn’t always fair, and injured workers frequently fall through the cracks and are left with no benefits at all.

At Stewart & Stewart, we know that how difficult the process can be for injured workers and their families. That’s why having an experienced Indiana workers’ compensation lawyer on your side can make all the difference.

You can count on our legal team to:

  • Help protect you from threats or retaliation – Employers sometimes threaten workers who get hurt on the job, while others retaliate after injured employees file workers’ compensation claims. We know those tactics, and we’re always prepared for them when representing victims like you.
  • Maximize your chances of getting approved – Even the most cut-and-dry claims can get rejected by the workers’ compensation board. Having an attorney on your side means you won’t have to worry about small mistakes or oversights jeopardizing your claim, because we work hard to make sure every case we handle is complete and accurate before we submit it.

Don’t leave your future up to chance or in the hands of just any law firm. Call us today for a free consultation.

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Debunking Nursing Home Abuse Myths

March 14, 2018

Making the decision to move your loved one into a nursing home is difficult. He or she may have trouble dealing with reduced or lost independence, while you may feel guilt—even if the move is for the sake of their health and well-being.

Because many people struggle with this decision, they may not want to accept that their loved ones could be subject to abuse or neglect while living in nursing facilities. In addition, they also may only see their loved ones at specified times each day or week—often when staff members know they’re going to visit. Due to a combination of those factors, some myths and misconceptions about nursing home abuse and neglect are common.

At Stewart & Stewart, our Indiana nursing home abuse lawyers are here to answer any questions or address any concerns you have about the mistreatment of nursing facility residents, including the following prevalent myths:

  • Nursing home abuse or neglect are obvious – While visible bruises, foul odors, or obvious malnourishment can all be signs of abuse or neglect, they’re not always present—and their absence doesn’t mean your loved one is being treated with the respect he or she deserves.
  • Nursing home residents speak out when they’re being mistreated – People who abuse residents in nursing homes often threaten or intimidate them into silence—even when they’re around their loved ones. That’s why it’s important to always be on the lookout for signs of abuse or neglect.

If you believe your loved one’s rights were violated in his or her nursing home, it’s vital that you contact our Indiana lawyers right away for a free consultation. We’re here to help.

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Medical Malpractice Frequently Asked Questions

March 07, 2018

At Stewart & Stewart, we’re proud of the legal representation we provide to people who are victims of medical malpractice. But we also know that many victims are unsure if they have claims, and they may be confused about what constitutes medical malpractice.

Because the medical field is highly complex, decisions involving a single patient can involve many medical professionals and parties. That’s why it’s important to have an experienced Indiana medical malpractice lawyer on your side who can help you understand what happened to you, whether you have a claim, and what steps you need to take to protect your rights.

Some of the most common questions our attorneys get from people who believe they were harmed by healthcare profession include:

  • Does medical malpractice only involve surgical mistakes? Medical malpractice claims often involve surgical mistakes, including leaving surgical tools inside patients’ bodies or operating on wrong body parts. However, medical malpractice covers a wide range of careless mistakes by healthcare professionals, including misdiagnoses and prescription errors.
  • Does signing a consent form prevent me from filing a medical malpractice claim? Some hospitals and healthcare facilities require patients to sign lengthy consent forms before they’re treated for illnesses or injuries. Those forms are designed to mitigate liability, but they don’t permit healthcare professionals to treat patients carelessly or negligently. If you were harmed by a doctor, surgeon, or other provider, you may still be eligible to pursue a claim for compensation.

If you or someone you love was harmed by a medical professional, we’re here to help you get the money you deserve. Call today for a free consultation.

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What Compensation is Available for Wrongfully Terminated Workers?

February 28, 2018

Your job is your livelihood, and losing it for any reason can be devastating. Unfortunately, many workers in the U.S. and throughout Indiana lose their jobs for reasons that violate Federal law. The U.S. government has several acts and laws protecting workers from being laid off, fired, or demoted for their race, religion, sex, national origin, age, disability status, sexual orientation, and more.

At Stewart & Stewart, it’s our job to help workers who were dismissed from their jobs for reasons that violate Federal law. In our years of experience assisting hardworking people like you, we’ve learned that many victims don’t always know what to expect when they pursue claims against their former employers.

Our team of Indiana wrongful termination lawyers works hard and confidentially to help victims recover compensation for:

  • Lost wages – Workers may be eligible to recover all of the wages they lost from the date of wrongful termination until the present. Future lost wages also may be included, especially if the worker has been unable to obtain employment by the time the settlement offer occurs.
  • Lost benefits – Working full time often has benefits that go beyond salaries, including health insurance coverage and stock options. Wrongful termination settlements can and often do include those lost benefits for fired workers.
  • Emotional distress – Losing a job and a reliable income can be devastating, especially when it’s due to something you had no control over. Workers may be eligible to receive additional compensation for the distress, anxiety, and anguish they feel over the loss of their job.

Pursuing compensation from your former employer may feel intimidating, but if you were wrongfully terminated, we’re here to help. Call us today for a free consultation.

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Call a Lawyer Right Away if You Suspect Medical Malpractice

February 21, 2018

Medical malpractice lawsuits are highly complex and require significant amounts of evidence that prove doctors, surgeons, and other healthcare professionals or entire facilities were negligent and knew of the dangers that they exposed patients to.

They’re also time sensitive for two important reasons:

  • Statutes of limitations can quickly expire – In Indiana, the statute of limitations for filing medical malpractice claims is two years from the date the malpractice occurred—not the date that the malpractice was discovered or suspected. For many patients, side effects, symptoms, and complications don’t show up until months after malpractice occurs, and by the time they call a law firm, time may be running out.
  • Evidence can quickly disappear – Medical records aren’t always preserved forever, and key witnesses and experts may be unavailable to interview for your malpractice claim. Once evidence disappears, the hospital or doctor’s office will have a significant upper hand, as the burden of proof always falls on the person who is filing the medical malpractice claim.

At Stewart & Stewart, our Indiana medical malpractice lawyers know how stressful this time is for you. Dealing with the stress and frustration of what happened can delay healing and increase the risk of side effects and complications.

That’s why it’s important to have a legal team that you can trust on your side. Don’t go it alone. Call us today for a free consultation.

Comments Off on What Compensation Is Available for Nursing Home Abuse Victims and Their Families?

What Compensation Is Available for Nursing Home Abuse Victims and Their Families?

February 14, 2018

When nursing home residents are abused or neglected by healthcare providers and staff members, it’s a serious moral, ethical, professional, and legal violation. At Stewart & Stewart, our Indiana nursing home abuse lawyers have no tolerance for nursing home employees and administrators who don’t place the safety, well-being, and health of their residents above all else.

Unfortunately, too many nursing homes in Indiana and throughout the country are more focused on their bottom lines—and that means understaffing or hiring underqualified employees to take care of residents. When staff members are overworked or inexperienced, resident care suffers, and abuse and neglect is more likely to occur.

Nursing home residents and their families often feel helpless when abuse or neglect occurs, but it’s important to remember that all residents have rights, and when those rights are violated, they’re also entitled to recourse, including filing claims for compensation.

Victims and their families can receive compensation for everything from medical bills, physical pain, emotional distress and anguish, disability, reduced quality of life, and even punitive damages. In addition, an experienced legal team can also advise you while you navigate the process of potentially moving your loved one to a new facility that’s free from abusive or neglectful staff members and healthcare professionals.

If your loved one’s rights were violated at his or her nursing home, get the help your family deserves today. Call or contact us online for a free consultation.

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Why Do Workers’ Compensation Claims Get Denied?

February 07, 2018

Nearly all employers in Indiana are required to carry workers’ compensation insurance for their employees. The system is designed to cover workers when they get hurt on the job and can’t return to work for long periods of time.

To prevent the system from being abused, the Indiana workers’ compensation board makes it difficult to get approved, especially for people who don’t follow the state’s guidelines for applying for benefits or whose claims lack evidence and proof that their injuries are severe or happened at work.

Unfortunately, the difficult approval process means that many valid claims slip through the cracks and can get denied. Some of the most common reasons for claim denials include:

  • Delays in filing claims – Unlike personal injury claims, the amount of time you have to file a workers’ compensation claims is often measured in days, not years. When injured workers wait too long, they jeopardize their chances of getting benefits.
  • Employers disputing that injuries occurred at work – Workers who fail to tell their supervisors or managers about their injuries right away are more likely to get denied, especially if a formal injury report was never created. That gives their employers leeway to deny that their accidents ever happened.

Stewart & Stewart knows how difficult it is for injured workers to succeed when filing claims in a workers’ compensation system that seems rigged against them. Don’t be another statistic—our Indiana workers’ compensation attorneys know the system and how to maximize chances of success. Call today for a free consultation to get in touch with our experienced legal team.

Comments Off on Don’t Let the Nursing Home Get Away with Abuse or Neglect

Don’t Let the Nursing Home Get Away with Abuse or Neglect

January 31, 2018

Nursing homes are designed and staffed to take care of people who aren’t always capable of caring for themselves. Because of the aging population in the U.S., nursing homes are more in demand than ever, and costs have risen accordingly. Some families may even have difficulty finding rooms for their loved ones in nearby facilities due to many nursing homes being at capacity.

When families finally find a facility for a family member, they expect him or her to receive excellent care and attention. But that doesn’t always happen. Whether it’s due to poor staff training or staff shortages, some residents are neglected or even actively abused by medical professionals and caregivers at nursing homes.

At Stewart & Stewart, we know how devastating it is when families find out their loved ones were harmed by those who were supposed to care for them. It’s a significant betrayal of trust, ethics, and morals, and the worst part is that it may continue to happen—even if you move your loved one to another facility.

An Indiana nursing home abuse attorney is ready to fight for families like yours, as shining a light on the mistreatment of one patient can help many. Don’t delay if you suspect your loved one is being mistreated at his or her nursing facility. Call us today for a free consultation to find out how we can put our years of experience to work for you.

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Healthcare Workers Don’t Always Admit Their Mistakes

January 24, 2018

Being a victim of medical malpractice is devastating. You trusted your doctor, surgeon, or other healthcare provider to do his or her best when treating your illness or injury, but carelessness, oversights, or sheer negligence caused you to suffer additional—yet avoidable—side effects and complications.

To make matters worse, hospitals have legal representation in place to help protect them against these claims, and many healthcare providers won’t admit that they made mistakes that put their patients’ health at risk. That means it’s their word against yours, and that can be a difficult battle to win on your own.

At Stewart & Stewart, our Indiana medical malpractice attorneys know how to level the playing field for innocent victims like you. You don’t have to go up against a big hospital alone. Let us take on your claim and fight to maximize your chances of receiving compensation by:

  • Proving malpractice occurred – Whether it was a misdiagnosis, a surgical error, or a prescription error, our legal team is ready to investigate your doctor or healthcare provider’s actions to determine when and where the malpractice occurred.
  • Proving your injury or illness is linked to malpractice – Proving that your healthcare provider made an avoidable mistake isn’t always enough. But we know what steps to take to obtain and present evidence that conclusively links your injury or illness to your doctor’s negligence.

It’s important to act quickly if you suspect you’re a victim of medical malpractice. Evidence can quickly disappear, making it more difficult to prove what happened, so don’t wait. Call us today for a free consultation.

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Report Even Minor Injuries to Your Employer

January 17, 2018

Many employees are hesitant to report even serious workplace injuries to their employers, let alone minor ones. They may feel uncomfortable telling their supervisors or managers about what happened, especially if their company prides itself on the number of days that have passed since the last on-the-job injury.

At Stewart & Stewart, we’ve helped many workers who faced debilitating pain, loss of mobility, and weeks, months, or years of lost income because they ignored minor or moderate injuries. The severity of many injuries is subjective, and what may seem like a minor injury to you may actually be severe enough to be considered disabling.

Always report any injuries you suffer at work to your supervisor for the following reasons:

  • Minor injuries can worsen. Injuries involving muscles, tendons, and any part of the spinal cord can quickly get worse over the course of hours or days. But if you wait too long to tell someone at work about the accident, you may lose your chance to file a claim for workers’ compensation.
  • Minor injuries can shine a light on unsafe working conditions. If you were injured at work while performing a certain task or while working in a specific environment, a lack of safety protocols or equipment may be to blame. Alerting management of your injury may help others avoid getting hurt in similar situations.

It’s important to not try and “tough out” work-related injuries, as many are susceptible to worsening over time. An Indiana workers’ compensation lawyer is here to help if you were hurt at work, and we’ll do everything we can to protect your rights to the money you deserve. Call today for a free consultation.