Alleviate Your Concerns With These Answers to Common Injury Questions
While some degree of uncertainty is inevitable, the stress of the unknown associated with a personal injury case can be frustrating. Here, experienced injury attorney Ben Crittenden draws from his years of experience and knowledge of the law to address many of the most common concerns and questions. Find out what to expect from the legal system, how long your case will take, what type of compensation you may be able to obtain, and much more. Don’t see your question? Reach out to Ben today! Take a moment to fill out our online contact form to find the answers you need.
- Page 1
Is sexual abuse a form of police brutality?
Yes. If an officer sexually abuses you while they are acting in their official capacity as a law enforcement professional, this is considered a type of police brutality. Actions on the part of the officer can include sexual harassment, fondling, oral sex, and rape.
How Sexual Abuse Occurs
Police officers are intimidating, authoritative figures who carry badges and guns. It can be tough to say no to an officer, even if it is clear they are acting outside the scope of their job. Some of the ways they may take advantage of their authority to brutalize citizens include:
- Targeting victims at routine traffic stops. Police officers might deliberately stop drivers in low-traffic areas to reduce the chance of any witnesses.
- Making arrests. Victims who are arrested are often in handcuffs and unable to protect themselves.
- Participating in mentorship programs. There are many reports from young women who are sexually assaulted by officers they trusted.
- Preying on domestic violence survivors. Victims of domestic violence are often vulnerable to abuse by those they call upon for protection.
- Targeting drug users. Often police officers will sexually abuse those they believe will not report the incident.
Beyond the Police Report
Because you will likely be filing your complaint at the very police department where the officer works, the process can be scary. The officer assigned to investigate your case is likely a colleague of the person who hurt you, and there is a code of honor within the police to protect the reputation of the department.
It’s essential that you do more than just file a police report. You need an experienced attorney who can help protect your rights. An attorney can help gather evidence to support your case, including:
- Information from a rape kit
- Eyewitness testimony
- Relevant video footage
- Medical records
Damages to which you might be entitled include compensation for medical bills, lost income, physical injuries, and emotional suffering.
Police misconduct is against the law, and if you are sexually abused by an officer, you need an experienced police brutality attorney. Call attorney Ben Crittenden to schedule a consultation.
Are nursing home medication mistakes considered medical negligence?
Your loved one is in a nursing home because she needs skilled care that cannot be provided at home. You trust the nursing home staff to take good care of her, including giving her the medication she needs at the right time and in accurate dosages. If a mistake is made and your loved one is injured, you might be able to sue the nursing home for medical malpractice, but you will have to be able to prove that they were negligent.
Types of Medication Errors
Nursing home residents are often on multiple life-sustaining medications for conditions such as high blood pressure, high cholesterol, chronic pain, hyper- or hypothyroidism, infections, heart conditions, reflux, and diabetes. When mistakes are made with these medications, the patient can suffer serious injuries. Common medication errors include:
- Failing to give a medication dose
- Giving a resident someone else’s medication
- Giving a resident the wrong dosage of their own medication
- Administering medication more than once, resulting in an overdose
- Administering a medication incorrectly, such as without fluids
- Giving medication that was not prescribed
These kinds of mistakes can lead to serious illness or, in some tragic cases, death.
Not Every Mistake Is a Crime
Even when a medication mistake harms a patient, that doesn’t mean negligence has occurred. Reading a chart wrong, misidentifying a patient, or grabbing a mislabeled bottle could all be honest mistakes. However, if you can prove that the staff was negligent in some way and that the negligence led to a medication error, you might have a claim for nursing home malpractice. Examples of nursing home negligence include:
- Understaffing. If a facility doesn’t have enough people working to adequately care for patients, and residents do not receive their prescriptions as a result, this is a sign of negligence.
- Poor record-keeping. Nursing homes must have a system for tracking who gets what medication when. If this is not done, and patients are not given their meds or are double-medicated, the nursing home can be held accountable.
- Untrained aides. Medication should only be administered by nurses trained to do so. If untrained personnel are giving out medications incorrectly, you will likely have grounds for negligence.
- Overmedicating. Disreputable facilities might use drugs to keep their patients sedated. This is a form of abuse and is illegal.
Determining exactly what happened to cause your loved one’s injury or death will not be easy, but a nursing home abuse and neglect attorney can help.
What to Do If Your Loved One Is Injured
If your loved one has suffered an unexplained illness or died unexpectedly, a medication error could be to blame. You will need help obtaining records and piecing together what went wrong. At the Law Office of Ben Crittenden, we are committed to protecting the rights of nursing home residents. Call our office to discuss your loved one’s illness or death. We are here to help.
Who pays for dog bite injuries?
When you or a family member is bitten by a dog, you may be hesitant to file a claim—particularly if the dog owner happens to be a relative, friend, or neighbor. While that person likely feels terrible about what happened, sympathy doesn’t pay medical bills, and you should still pursue damages for the injuries you suffered.
It might be helpful to remember that most dog bite injury claims are paid out by the dog owner’s rental or homeowner’s insurance.
If they don’t have insurance, you still have a right to pursue a claim. If you feel bad about bringing such a claim, remember that if the person responsible for your injuries doesn’t pay for your medical bills and lost income, it will be up to you to do it.
In either case, having an experienced attorney on your side can ensure you recover all the damages to which you are entitled.
Damages You Might Be Able to Recover
Dog bites and dog attacks can result in serious, sometimes life-changing injuries. Some of the potential damages might include the following:
- Costs for current medical treatment
- Costs for future medical treatment, including rehabilitation and physical therapy
- Lost wages if you were unable to work while recovering from your injuries
- Damages for disfigurement or scarring
- Pain, suffering, and emotional stress
- Other out-of-pocket expenses related to the aftermath of the bite or attack
How a Dog Bite and Dog Attack Attorney Can Help
Insurance companies are excellent at ensuring they pay you as little as possible for your injuries, and you shouldn’t try to negotiate with them on your own. Having an experienced attorney in your corner after a dog bite will help ensure that you recover the compensation you need to heal from your injuries and get on with your life. Working with an attorney can also provide a buffer between you and the dog's owner, particularly if that person is someone you know.
You can reach the Law Office of Ben Crittenden by calling 907-885-6032 or by taking a moment to fill out our online contact form to request a free initial consultation.
Did the police use excessive force in my arrest?
By law, police officers are allowed to use a reasonable amount of force to protect themselves or citizens from harm. They can also use reasonable force when they are trying to arrest someone. Unfortunately, some police officers abuse their power by using excessive rather than reasonable force, which can result in a member of the public being hurt.
This excessive force is referred to as police brutality. Identifying excessive force usually comes down to the following:
- What another police officer might have done in a similar situation
- Whether the person harmed by the excessive force had a weapon
- Whether the police officer believed that excessive force was necessary to protect themselves or the public
These circumstances are weighed heavily in making the determination of police brutality. For example, if someone dies as a result of a police officer’s actions, but the police officer genuinely believed there was a physical threat to their safety or the safety of the public, this may not be police brutality. But if the person hadn’t posed a physical threat to others and the police officer’s actions caused unnecessary harm, this could be a case of police brutality.
Examples of Police Brutality
Police brutality doesn’t always involve a weapon. Depending on the circumstances, the following could be considered police brutality:
- Violence or a physical attack by the police officer on a civilian
- A strip search
- Botched raids
If an officer used excessive force on you, humiliated you, or otherwise acted inappropriately, and you suffered an injury because of it, you might have a police brutality case.
Why You Need an Experienced Attorney
Although police brutality and other types of police misconduct are against the law, you can expect that any police department against which you bring a case is going to fight it. An experienced police brutality attorney can advise you of your rights and conduct a full investigation to prove that you were a victim of excessive force. Call attorney Ben Crittenden at 907-885-6032 or fill out the online contact form to schedule a free, no-obligation consultation.
Can nursing home neglect cause an elderly resident’s fall injury?
Thousands of nursing home residents are injured in accidental falls every year. The Centers for Disease Control and Prevention (CDC) reports that more than half of all nursing home residents fall each year. If the fall happens because of neglectful nursing home staff, that person or the facility could be held liable.
Ways Nursing Home Negligence Can Lead to Falls
When older adults fall, the consequences can be serious. Falls often cause hip fractures, and the complications that can arise as a result can be life-threatening.
There are many potential ways that the negligence of a nursing home facility or its staff could cause a resident to fall. Nursing homes are designed to meet the medical needs of residents, many of whom may have poor balance or cognitive difficulties. When minimum standards are not followed, there can be disastrous consequences for residents.
Some of the most common issues include:
- Understaffing. If there are not enough staff members to take care of residents, this can lead to residents taking matters into their own hands—such as trying to move when it isn’t safe to do so, leading to a fall.
- Undertraining. When nursing home staff are not trained properly, they may neglect patients. Poor supervision of patients can lead to an increased risk of falls.
- Failing to properly assess fall risk. Patients—especially those who have fallen in the past—should be screened regularly to assess their chances of increased falls.
- Unsafe facility. This can include items such as a lack of handrails, slippery floors, exposed electrical cords, and inadequate lighting.
- Medication errors. From providing patients with the wrong kind or amount of medication to failing to take into account the physical side effects of a medication change, nursing homes must be responsible for administering medication properly.
Contact a Nursing Home Abuse and Neglect Attorney
When your elderly loved one suffers a fall at a nursing home, an experienced attorney can help you conduct an investigation to find out what happened. If nursing home neglect is discovered to have caused the fall, your loved one could be entitled to damages. Protect their fair recovery by contacting Ben Crittenden today.
How do I report a dog bite injury in Anchorage?
Even the sweetest dog is capable of biting under certain circumstances, as reflected in the millions of people who are bitten by dogs every year. Dog bite injuries can be bad enough to have significant medical and legal ramifications, so it’s crucial to take the proper steps if it happens to you.
Reporting a Dog Bite
You are required by law to report the dog bite to Anchorage Animal Care and Control by going online or calling 343-8119 to make a report. The animal responsible for the bite will need to be quarantined to be observed for signs of rabies. Filing a report can also help prevent future dog bites. Animal Control's investigation into the incident may provide useful details for your case.
What to Do After a Dog Bite
Notify the dog owner about the bite, but do not engage in conversation about your injuries or what happened prior to the injury. Exchange information, much as you would do after a traffic accident. Get their name and contact information. If there are any witnesses to the bite, get their contact information as well. If there is a lawsuit or insurance claim, this information will be crucial. Try to remember as many details of the incident as possible and write them down before you forget. This should include the type of dog, where the incident happened, what you were doing when it happened, and where the dog came from.
If possible, take photographs of your injuries. As soon as you are able, stop the bleeding with a clean cloth and wash the wound thoroughly with soap and warm water. Use an antibacterial cream if you have it, then apply a sterile dressing. Keep the wound bandaged and see your doctor. Ask the physician about a tetanus booster and/or rabies vaccination.
Contacting an Attorney
Depending on the severity of the dog bite, you may need to contact an attorney regarding your injury. Insurance companies will do their best to pay out the least amount possible, and an experienced attorney can help with negotiations to ensure you get the compensation you deserve. To learn more, contact the Law Office of Ben Crittenden, P.C., by using the form on this page.
How does a drunk driving criminal case differ from a civil lawsuit?
If you are injured in an accident with a drunk driver, the drunk driver will likely face criminal charges for driving while under the influence. This could result in fines, license suspension, and jail time. But these do nothing to compensate you for your injury. After the accident, you might have expensive medical bills and be unable to work. If you want to hold the drunk driver responsible, you will have to file a civil case to sue for damages.
The Difference Between Civil and Criminal Cases
Under criminal law, the district attorney—on behalf of the government—is usually the one who prosecutes the accused. Prosecution does not usually include any financial compensation for the victim unless the court decides to award punitive damages. The court may award punitive damages in cases where the behavior of the at-fault party was deemed to be especially reckless
The victim must sue in civil court to recover damages as a result of the drunk driver’s actions. If the drunk driver is found to be responsible for the victim’s injuries, they will need to pay damages to help victims recover financially. Hiring an attorney can help ensure the appropriate steps are taken so you get the money you deserve.
Potential Damages You Could Recover in a Civil Case
The amount of compensation to which you may be entitled is usually calculated by adding together your economic and non-economic damages. Economic damages include your medical expenses, lost wages and lost earning potential, as well as property damage to your vehicle. Non-economic damages could include physical and emotional trauma you have suffered after being injured by a drunk driver.
Call an Alaska Vehicle Accident Attorney
If you were injured by a drunk driver, you need to speak with an experienced car accident lawyer as soon as possible to get started on your civil case. Attorney Ben Crittenden has helped many car accident victims understand their rights and get the compensation they deserve. Make an appointment for a free consultation.
What damages can I recover after an accident with a drunk driver?
Recovering damages after an accident with a drunk driver is not very different from recovering damages after any type of crash. The main difference, however, is that after a collision caused by a drunk driver, you might also be eligible to recover punitive damages.
It is vital to seek compensation after a crash. The best way to do this is to hire a lawyer to negotiate a fair settlement or pursue compensation through a lawsuit.
Damages After a Drunk Driving Crash
As with any car crash where another driver is at fault, you might be able to pursue a lawsuit for economic damages, including:
- Medical expenses
- Lost income
- Property damage
You might also be eligible for non-economic damages, including pain and suffering and emotional distress.
In a drunk driving case, victims might also get punitive damages. These are not based on any tangible loss but are designed to punish the at-fault party who exhibited reckless behavior by making the decision to drive drunk. The amount of punitive damages awarded is often left up to a jury or a judge. According to Alaska law, there is a cap on the amount that can be awarded: three times the amount of compensatory damages or $500,000, whichever is greater. Alaska's split-recovery law requires that half of the punitive damages award goes to the state of Alaska for the general fund, which pays for government operations, basic services, and capital improvements.
It's important to note that punitive damages will be taxed by the federal government. This money must be claimed on your income tax form as “other income.”
Contact an Attorney
If you’ve been injured after being in a crash caused by a drunk driver, you need to have an attorney on your side to help you recover damages. Even if it is obvious that the drunk driver caused the accident, you will still need to gather evidence to help with your case, and a vehicle accident attorney can help. To learn more, contact the Law Office of Ben Crittenden, P.C., by using the form on this page.
What are workers’ comp reemployment benefits?
Injured workers in the Alaska workers’ compensation system who are unable to return to the job they were doing before their injury might be eligible to participate in a retraining program that provides them with the skills necessary to return to work at a wage level equal to at least 60% of their wages at the time of injury. Eligibility is determined based in part on the following criteria:
- A medical provider predicts that you will be unable to return to the job you had at the time of the injury or to any job you performed ten years prior to your injury. This is usually because of a permanent disability.
- Your employer does not have an alternative position for you.
Benefits You Might Qualify for Under the Alaska Worker Retraining Program
Reemployment benefits include costs for an evaluation of your abilities as well as tuition, study materials, a computer, and other items that might be necessary for training.
Employees can waive their right to retraining and opt to receive a lump-sum dislocation benefit instead. The amount of the dislocation benefit is determined by the Permanent Partial Impairment (PPI) rating.
Why You Should Call a Lawyer About Your Workers’ Compensation Reemployment Benefits
There are strict timelines when it comes to filing the paperwork for workers’ compensation Reemployment Benefits, and having an experienced attorney on your side can ensure you don’t miss deadlines and can move forward most effectively.
At the Law Office of Ben Crittenden, we have helped many injured workers through the complex workers’ compensation process. Don’t risk being short-changed on benefits or missing out on Reemployment Benefits that can help you move on to the next stage of your life. Ben is a knowledgeable, effective advocate for injured workers, and he can help you figure out the best way to proceed. Call his Anchorage office today or fill out the contact form on this page to get in touch directly with Ben.
What is my car accident claim worth?
There is no one-size-fits-all answer to this question because every situation is different. However, an experienced car accident attorney will know how to put a value on your damages and can help you negotiate compensation with the insurance company.
Factors That Matter With Your Car Accident Claim
If you have been injured in a car accident, you may take legal action to get the compensation you deserve for the damages you have suffered. This usually includes both economic and noneconomic damages. The factors that will influence the amount of your claim include the following:
- The severity of your injuries and the treatment required. If you are permanently disabled, this will impact the damages to which you are entitled.
- The wages you lost. This will include the work you’ve missed because of your injuries as well as potential wages you may not earn if you cannot return to work in the future.
- The at-fault driver’s insurance limits. It can be difficult to collect more than the policy limits unless the driver has significant personal assets.
- Whether you are partially at fault for the accident. Alaska uses the comparative negligence rule, which means that whatever your percentage of responsibility was for the accident, your damages will be reduced to reflect that.
In some cases, punitive damages may also be awarded. This can happen in cases where the at-fault driver behaved recklessly or outrageously. If punitive damages are deemed to be appropriate in your case, there will be a separate court proceeding where they will weigh several factors. These include whether or not the defendant was aware their actions could cause serious harm and their attitude or behavior following the accident.
You Need an Alaska Car Accident Attorney
If you’ve been injured in a motor vehicle accident, you need legal representation to help you get the maximum damages. Even if you are partially responsible for the accident, you may still be entitled to compensation. For more information on protecting your rights and navigating the complexities of your claim, contact the Law Office of Ben Crittenden, P.C., by using the form on this page.