May 11, 2020

Common Employer Strategies to Combat Workplace Fraud

Employers are particularly cautious about fraud in the workplace, and it’s not hard to see why. The Association of Certified Fraud Examiners reports that organizations lose about 5 percent of their revenue to fraud each year, to the tune of hundreds of thousands of dollars on average (https://acfepublic.s3-us-west-2.amazonaws.com/2020-Report-to-the-Nations.pdf).

To cut down on these losses, companies across many states are stepping up their fraud prevention programs. Many are using one or more of the following six common employer fraud-prevention strategies.

Background Checks

Any time you apply for a job, it’s likely the employer will conduct a background check on you to look for any criminal history. While Colorado does have a “ban the box” law that prevents employers from asking about someone’s criminal history on a job application, employers are still allowed to ask for a background check and use the results in their decision on whether to offer someone a position.

Reference Verification

Many employers will check references to help weed out the high-risk applicants. Keep in mind that past employers may be hesitant to give out information about negative employee behavior if they fear it will open them up to legal action by that former employee.

Role Separation

These days, many organizations have approval and reconciliation duties assigned to different employees to help prevent fraud. For example, the person who reconciles the accounting records may not be the person allowed to sign the checks. One employee may be responsible for asking for company purchases while another employee has to approve those purchases.

Regular Auditing

To catch theft, fraud and other undesirable behaviors, an employer may do regular audits. Your employer may go through sick and vacation day records, sales reports, expense reports and other documentation regularly to try to pick up on any issues. Some employers even monitor company email and social media to determine whether people are breaching company policy.

Sign Vigilance

Company fraud-prevention employees and supervisors are often told to be on the lookout for fraud red flags, such as those listed below.

  • Sudden attitude or behavior changes
  • Frequent overtime
  • Protective behavior over workspace
  • Preference for working after hours or alone
  • Unexplained gains or losses in records

Anonymous Reporting Encouragement

Your work may have a dedicated phone line or email that enables workers to make reports anonymous if they suspect any fraud. To encourage them to do so, your employer may have a firm no-retaliation policy in place for whistleblowers.

Workplace Fraud Penalties

When your employer believes you have committed fraud, they can terminate your employment and file criminal charges against you. Law enforcement takes the investigation from there. If you are found guilty, you can be facing jail time, fines, restitution to your employer and a criminal record that will follow you for life.

If you believe you are the target of a workplace fraud investigation or have been charged, consult with a criminal lawyer in Denver, CO as soon as you can so they can begin working on your defense and protect your rights.

Thanks to Richard J. Banta, P.C. for their insight into criminal law and workplace fraud.

May 9, 2020

Auto Accident Injury Lawyer

Getting into a car accident can mean many things. It may mean that you miss that important meeting at work, that you are late going to dinner with your spouse, or that you have to take time off to recover. However, when a car accident causes you to have a brain injury, you may not understand how serious this is. Attorneys have helped many car accident victims who have suffered from a brain injury as a result of someone else’s negligence and we want to help get you the compensation you deserve. You may be living a completely different life now that doesn’t allow you to work at your same job or even walk or talk like you used to. Call a law firm today.

Why do I need an attorney?

You may be wondering if an attorney is even necessary. After all, you got something as serious as a brain injury from this car accident, won’t that be obvious when you speak with insurance or file a claim? Unfortunately, the answer to this is not always a “yes.” It may be obvious to you that your brain injury was the result of the car accident you were in, but the burden of proof is on you to show that someone else’s negligence directly caused the car accident that gave you a brain injury. You will have a better chance of doing this when you have a car accident attorney you can rely on helping you every step of the way. 

What do I need for this kind of lawsuit to be successful?

If you are planning on filing a lawsuit because of your brain injury after a car accident, there are a few elements you should expect to have in your suit. As with any kind of personal injury case, you will want to prove that the other driver was acting in a way that was negligent and this negligence caused your brain injury. Thus, you (the plaintiff) must show:

  1. The other driver owed you a duty of care as required by the law (they should have been driving safely).
  2. The other driver did not live up to their duty of care and drove dangerously or negligently.
  3. By being negligent behind the wheel, the other driver caused the accident to occur.
  4. This accident caused your brain injury and you are suffering from losses as a result. 

If you are interested in seeing how an auto accident lawyer in Des Moines, IA can help you after the accident caused you to have a brain injury, schedule an appointment now. 

Thanks to Johnston Matineau, LLP for their insight into personal injury claims and auto accident injuries.

April 30, 2020

How Long Is the Statute of Limitations for a Shooting at a Restaurant?

Personal Injury Lawyer

A statute of limitations is a law that limits the time for filing a lawsuit. The time in which the suit can be filed is known as the limitations period. After the limitations period ends, an injury victim loses the legal right to recover compensation from the person who was responsible for the injury.

A statute of limitations serves a couple of purposes. Having a deadline for filing suit encourages people not to “sit on their rights.” Nobody should have to spend years wondering whether they are going to be sued by someone they arguably harmed.

Going to court promptly also helps the legal system achieve correct results. The passage of time causes memories to fade and makes evidence more difficult to find. The outcome of a lawsuit becomes less reliable when an injury victim waits a long time to start it.

States establish different limitations periods for different kinds of legal claims. They typically allow longer limitations periods when a claim is based on documents (such as a lawsuit for breach of a written contract). Witnesses might forget what happened in the past, but documents do not suffer from memory loss.

A shooting at a restaurant depends on witnesses who must testify about what happened. For that reason, lawsuits involving shootings usually have a shorter limitations period than some other kinds of lawsuits. A security negligence lawyer can help victims understand the limitations period that applies to a potential lawsuit against a restaurant where a shooting occurred.

Liability for a Shooting at a Restaurant

Victims of a shooting can sue the person who shot them. Limitations periods based on intentionally violent conduct tend to be relatively short.

When a restaurant owner should have foreseen the risk that a patron might be injured in a violent confrontation, a legal claim can be based on the owner’s failure to take reasonable precautions to protect patrons from harm. Restaurants have a duty to provide security when the circumstances (such as being located in a high crime area) would place reasonable restaurant owners on notice that patrons are at risk of being harmed by violence.

Restaurants also have a duty to make their premises safe for patrons. Owners are negligent when they fail to install adequate lighting if they should realize that criminals might take advantage of poor lighting to rob or sexually assault patrons. When a shooting death occurs under those circumstances, crime victims can bring a lawsuit to hold the restaurant liable.

Statute of Limitations for a Shooting at a Restaurant

Each state establishes its own limitations period for negligence and wrongful death. The statute of limitations for a lawsuit alleging a restaurant’s negligence might be as short as one year or as long as six years. The most common limitations periods for negligence lawsuits are two or three years.

When a crime victim dies in a shooting, the victim’s family or estate can bring a wrongful death lawsuit. The statute of limitations for a wrongful death caused by negligence is typically, but not always, the same as the limitations period for bringing an injury claim based on negligence.

State laws may also establish exceptions to the limitations period. A common exception applies when a minor survives a shooting. Most states allow more time for minors to bring lawsuits. Disabled victims who are mentally incapable of bringing a lawsuit on their own might also have more time to sue.

If the victim’s estate must bring the wrongful death claim, the limitations period might not begin to run until the estate enters probate. Not all states follow that rule. A personal injury lawyer can advise shooting victims and their families about the limitations period that applies to their claim.

April 27, 2020

Can I file an injury claim against the driver who hit me while I was riding my bicycle?

Personal Injury Lawyer

When a person’s car is hit by another vehicle, it is a straightforward process for the victim to file a claim against the at-fault driver. If they do not hire a car accident lawyer, they may turn over their claim to their insurance company to handle. However, if you’re riding a bicycle and are hit by a car, are you eligible to file a claim? And if so, what is the process and to whom do you submit it? Many bicyclists who are hit by a car, because of the latter’s larger size and weight, sustain catastrophic injuries, if not death. This is why it’s imperative for these victims to enlist the help of a bicycle accident lawyer in order that they can receive the largest possible settlement.

What is a personal injury claim?

A personal injury claim is similar to a damaged property claim but it focuses on the damage done to the individual by another party. The claimant files the demand for compensation directly with the at-fault party, or more commonly, their insurance company. A personal injury claim should include the following:

  •         A description and proof of how the accident occurred and who was at fault for causing it.
  •         The damage the claimant sustained in the way of injuries. For example:

o   Broken bones

o   Head trauma or brain injury

o   Ruptured internal organs

o   Neck or spinal injury

o   Pain and suffering

o   Depression, anxiety, post-traumatic stress disorder

  •         A dollar value assigned to each item of damage. A bicycle accident lawyer will have the experience and knowledge to be able to assess the damage value for physical as well as non-physical injuries such as depression and anxiety.
  •         Documentation that proves that the injury was sustained in the accident. This may include the testimony of a medical expert.

Should I hire a bicycle accident lawyer to file my claim?

A bicycle accident lawyer does far more than file the claim. They prepare and document the claim, submit it to the appropriate party, and represent the client during the settlement negotiation. If the client is recovering from serious injuries, completing these necessary steps to the degree that is necessary for a positive outcome may be impossible. For instance, if they are hospitalized or their mobility is restricted, then going back to the accident scene to take photographs is not practical. Having a skilled bicycle accident lawyer taking of everything for them, and making sure that the paperwork and documentation is correct, can be invaluable.

Unless your injury is relatively minor and does not require hospitalization, surgery, and does not affect your ability to earn a living, you may not need to hire a top rated bicycle accident lawyer in Salt Lake City, UT. If you are unsure about whether or not you should enlist the help of a bicycle accident lawyer, contact a law firm for a consultation.


Thanks to Rasmussen & Miner for their insight into personal injury claims and filing a claim for a bike accident injury.

April 16, 2020

What Is Medical Malpractice Reform?

If you were injured or if you became ill due to the negligence of your doctor or medical professional, then you may deserve compensation. If you are looking into medical malpractice suits, then you may learn about medical malpractice reform. There are always proposals to reform malpractice law. How will this affect your case? In some instances, it will not affect it at all. When it comes to reform, you need to understand capping. Capping is normally the foundation for reform. Here is what you need to know.

What Are Caps?

Caps are limits. These are limits on the amount of money that you can receive as an award if you sue for malpractice. These caps may also limit the amount of punitive damages that a judge can order against a physician. In some cases, the reform may also put restrictions on the types of cases that can go to court. Cases that would normally be dismissed may not be able to make it to court at all.

Why Are Caps Important?

So, why does there need to be caps? If you were injured, you may worry that this could put a dent in the amount of money that you can ask for. After all, when you are injured due to medical malpractice, then you could have high medical costs. The reason for these caps has to do with malpractice insurance. This can keep the costs down for physicians and other caregivers. This means that the insurance company pays a lower settlement. In addition, it allows doctors to practice without fear that someone would take them to court for a frivolous reason or sue them beyond what the case is worth.

Caps are important for physicians but should not interfere with your case. These caps help prevent frivolous lawsuits. If you have a serious claim, then odds are the reform will not affect your case very much. You can still file a suit for all of the damages that you suffered due to the actions of your care provider.

Tort reform is a complex issue. The idea behind tort reform is to create a physician-friendly practice. Reform does not give doctors an excuse to treat patients with inadequate care. If you suffer medical malpractice, you still deserve compensation. You can still file a lawsuit, even in areas where tort reform is being proposed. To discuss your options for your medical malpractice lawsuit, contact a medical malpractice lawyer, like medical malpractice lawyer in Miami, FL, as soon as possible.

 

Thank you to the law firm of Needle & Ellenberg, P.A. for their insight into medical malpractice and the law.

April 2, 2020

3 Misconceptions That May Affect Your Bankruptcy Decision

Personal Injury Lawyer

Before you file bankruptcy, you may feel a lot of anxiety. You may catch yourself asking if this is the right decision for you. In some cases, the anxiety may come from misconceptions that you have about bankruptcy. Before you file, it’s time to dispel some of the common myths about bankruptcy. This may ease your mind when it comes to moving forward with your case and ridding yourself of debts.

  1. You Will Lose Your Property

Too many people avoid bankruptcy in fear that they will lose all of their property. What if you lose your home? When you file bankruptcy, there are exemptions. You will not lose your primary home or all of your belongings. You may have to sell luxury items to sell off your debts, such as luxury brand clothing. You are allowed to keep household goods, clothing, retirement savings and even one car.

  1. You Will Go to Court

Some people fear going to court. Court is stressful, but with bankruptcy cases, you most likely will not see a judge. When you file bankruptcy, you may have to go in front of a judge, but often the lawyer will file it for you. After that, you may never have to go to court. There will be a meeting of creditors. This is a quick meeting where creditors may argue or negotiate with you. Odds are, however, that the creditors will not show up.

  1. You Will Lose All Credit Opportunities

For a short time, your credit score will be low. It may be difficult for you to obtain credit cards with a fair interest rate. This does not mean that you can’t rebuild your credit. In fact, you may start seeing credit card offers in the mail within the first few weeks after you finish the bankruptcy. Now, this does not mean that you should apply for a credit card right away. However, when you are ready to rebuild your credit, you may want to think about a credit card. Just remember why you filed for bankruptcy to begin with.

Before you file bankruptcy, you may want to talk with a lawyer. While you can technically file bankruptcy on your own, you may not want to. A lawyer will have the professional experience to guide you through the process and to assist you throughout the case. To discuss your bankruptcy options, consult with a debt collection lawyer in Tampa, FL today!


Thanks to The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy law and misconceptions.

March 20, 2020

Cause of Death in Injury Litigation

In general, state laws require that a physician file a death certificate stating the cause and manner of death for each individual who passes away. The death certificate becomes the presumptive cause of death moving forward. The cause of death can affect the legal rights of the surviving spouse, children, next-of-kin, or other beneficiaries in a number of circumstances. In some cases, the cause of death set forth in a death certificate can be erroneous. Most state laws provide a procedure for changing the cause of death.

Determining Cause of Death

Cause of death is usually determined by an attending physician or family physician based on the outcome of the decedent’s last known medical illness. In many instances, the specific cause of death is not really known without an autopsy, so the certifying physician will use generic language to explain the cause of death. For example, the signs and symptoms of two common causes of death — cardiac arrest (i.e., heart attack), and pulmonary embolism (i.e., blood clots in the lungs) — are very similar. When a hospitalized patient suffers a cardiopulmonary arrest, it may not be possible to determine whether the arrest occurred as a result of a primary pulmonary event, such as pulmonary embolism, or a primary cardiac event, such as myocardial infarction, in the absence of an autopsy. Thus, the certifying physician may simply list “cardiopulmonary arrest” as the cause of death without being more specific.

Requesting an Autopsy

In unusual circumstances, or when requested by a physician, an autopsy is performed. Autopsies can be performed by pathologists who work within a hospital system or by a county coroner. In some instances, family members may request a private autopsy if the coroner refuses to perform an autopsy or if there are concerns about the validity of autopsy results, particularly where the autopsy is performed by a hospital that is suspected of committing medical malpractice that led to a wrongful death.

The scope and extent of an autopsy will vary depending on who is performing it and the reason for the autopsy. For example, a thorough coroner’s autopsy might include an investigation into the clinical circumstances leading up to the death, a gross description of the body and its organs, and a description of microscopic findings that may be incorporated into the coroner’s verdict. Toxicology results are sometimes obtained, depending on the circumstances of the death. Private or hospital autopsies may not be as complete. 

The manner and cause of death contained in a death certificate can affect legal rights. For example, a life insurance policy may preclude payment when the deceased individual dies as a result of suicide. In medical malpractice litigation, the cause of death is often a controversy. Most state laws provide a procedure for contesting the findings of a death certificate. These procedures vary from state to state. Often, state law provides a separate procedure in which the cause of death can be litigated before trial since the official cause of death is presumed to be the cause of death, and that presumption can have a significant evidentiary effect at trial. If you are concerned about the cause of a loved one’s death, you should contact a wrongful death lawyer or medical malpractice lawyer, like a medical malpractice lawyer in Cleveland, OH, for advice. 

Thanks to Mishkind Kulwicki Law for their insight into the cause of death in injury litigation.

March 19, 2020

What Medical Malpractice Is and Is Not

Medical malpractice happens when a health care professional, such as a doctor or hospital staff member, causes a patient’s injury or illness because of a negligent action. Sometimes this is the result of a treatment issue, improper aftercare, an error in diagnosis or the overall management of the patient’s health. This doesn’t mean that because a patient’s condition gets worse or something else goes wrong, there has been malpractice. If you’re unsure whether your situation would be considered malpractice, the following gives some brief examples of what it is and what it is not.

What It Is

Medical malpractice is negligence or recklessness. In every case, there’s a health care professional on one side who failed to provide a certain standard of care, and on the other side is a patient who has suffered because of it.

  • Negligence – A medical negligence case is based on a health care professional who fails to provide the type of care he or she would regularly provide in a similar situation, or other similarly-skilled professionals would provide in the same situation. Some examples include the failure to advise a patient of risks, the failure to diagnose a condition or an error during surgery.
  • Recklessness – A reckless medical malpractice case is based on a health care professional who acts inappropriately while offering care to a patient. For example, a surgeon who performs a procedure while under the influence of alcohol or a pharmacist who makes a conscious decision to throw a few extra pills into the pill bottle.

What It Is Not

Though some patients have a less-than-favorable outcome from health care, it’s not always medical malpractice. Some scenarios that could be malpractice when coupled with a more serious situation, but are not generally malpractice on their own include:

  • A Worsening Condition – Conditions can get worse, even when a medical professional is doing everything possible to stop that from happening. If the doctor is acting reasonably and providing accurate care, but the condition gets worse, it may just be an unfortunate turn of events, rather than negligence or recklessness.
  • Being Untreatable – A doctor may diagnose a patient with a condition that is untreatable. For example, someone could have a terminal disease for which there is no treatment so the doctor may provide solutions to make the patient more comfortable. As the patient gets worse or nears death, it’s not considered malpractice because the doctor diagnosed the issue correctly and was doing everything possible to keep the patient comfortable during an inevitably difficult time.

Learning More

Sometimes the line between something being considered malpractice or not is quite thin. To learn more or to find out if your situation might be considered medical malpractice, contact a hospital malpractice lawyer today.

March 17, 2020

Firm Operations to Continue | In Person Meetings on Hold

konrad sherinian logoClients are our top priority here at the Law Offices of Konrad Sherinian, LLC. As such, we are continuing firm operations during the COVID-19 crisis. All matters are being handled, and all deadlines (new and existing) are being met as normal.

In addition, you will still be able to reach us on the phone as normal, and, if we are actively handling matters on your behalf, we may reach out to you as we always do. However, given the advice from the CDC, we are discontinuing any client meetings until at least March 30.

You can continue to reach us by phone at 630-318-2606, as well as via email at info@sherinianlaw.net.

If you have any questions, please do not hesitate to contact us.

We look forward to continuing to serve you through this crisis and beyond.

March 13, 2020

5 Legal Steps To Take After a Lyft Accident

Rideshare services like Lyft can help you get from point A to point B when you do not have a vehicle, but using them may also pose some risks to you as well. Some drivers are not experienced with city driving while others might drive too fast or recklessly so they can make more money during their shift. If you are injured in a Lyft accident, there are a few steps you may want to take if you plan to sue the negligent driver.

  1. Contact the Authorities Right Away 

If your Lyft driver asks you not to report the accident or your injuries, he or she may be attempting to avoid being suspended or fired by the rideshare company. However, if the accident was that driver’s fault, he or she may be liable, so it is important that you call the authorities as soon as possible to file a report.

  1. Obtain Legal Help 

The legalities of a Lyft accident can be puzzling, especially when insurance companies become involved. Speaking with a lawyer about your accident can help you understand your options if you plan to file a lawsuit against the driver or company and which steps may be necessary for doing so.

  1. Create an Accident File 

As you plan your Lyft accident lawsuit, it can be wise to keep all your information in one place so you can present it to your lawyer as it becomes available. File names, phone numbers, insurance information, medical bills and police reports all in one location so valuable documents do not become lost. You may want to make multiple copies of any documents in case Lyft’s insurance company requests that you submit them.

  1. Name Negligent Parties 

You can work with your attorney to name the parties you plan to sue. For example, if Lyft hired a driver with a history of reckless driving, you may be able to name the company and the driver in your lawsuit. If there was another vehicle involved and that driver was equally at fault for the wreck, he or she may be liable as well. Your attorney will likely offer advice during this phase of your suit.

  1. Inquire About a Settlement

If your injuries are severe, you may want to avoid a lengthy court battle and seek a settlement instead. If Lyft offers to settle out of court, you can ask your attorney to represent you so he or she can ensure the proposed amount is fair.

Being involved in a Lyft accident can have devastating consequences, but you do not have to face the legalities of a lawsuit on your own. Reach out to a car accident lawyer in Milwaukee, WI today for further assistance and information.

Thanks to Hickey & Turim, SC for their insight into personal injury claims and Lyft accidents.