P&N BLOG | What to Do If You Suspect Nursing Home Abuse or Neglect
What to Do If You Suspect Nursing Home Abuse or Neglect
Choosing a nursing home or long-term care facility for a loved one is a deeply personal and often difficult decision. While these facilities should provide safety and care, the unfortunate reality is that nursing home abuse and neglect are more common than many realize. If you suspect that your loved one may be a victim, knowing what steps to take can make all the difference.
Understanding Nursing Home Abuse and Neglect
Nursing home abuse can take many forms: physical, emotional, sexual, or financial. Neglect, on the other hand, occurs when residents are not provided with the care they need to maintain their health and well-being. Both are serious and can have devastating consequences for your loved one.
Common signs of abuse or neglect include:
- Unexplained injuries: Bruises, burns, or cuts that cannot be adequately explained.
- Bedsores or hygiene issues: Indicators of neglect in daily care.
- Behavioral changes: Withdrawal, fearfulness, or other sudden emotional shifts.
- Unusual financial activity: Missing belongings or unauthorized transactions.
- Malnutrition or dehydration: Poor physical condition due to insufficient care.
Steps to Take if You Suspect Abuse or Neglect
If you believe your loved one is a victim of nursing home abuse or neglect, take these critical steps:
1. Document the Signs
Start by carefully observing and recording any signs of abuse or neglect. Maintain a detailed log, including photographs, videos, and written descriptions. Include the date and time of each incident, as well as any relevant names of staff members. These records will be crucial if you need to pursue legal action.
2. Report to the Nursing Home Administration
Bring your concerns to the nursing home administration, such as the administrator or director of nursing. Present your documented evidence and request immediate action.
If you are uncomfortable reporting to the facility or believe they are not addressing the issue, contact the Illinois Department of Public Health (or the appropriate regulatory body in your state). These agencies are responsible for investigating abuse and neglect complaints.
3. Consult with an Attorney
An experienced nursing home abuse attorney can help you navigate this challenging situation. At The Law Offices of Parente & Norem, P.C., we understand the complexities of these cases and can guide you through filing a complaint, pursuing legal action, and protecting your loved one’s rights.
4. Consider Relocating Your Loved One
If you believe your loved one’s safety is at risk, consider moving them to another facility. This ensures their well-being while the investigation or legal process is underway.
5. Follow Up and Monitor the Situation
Stay vigilant even after addressing your concerns. Regular visits and open communication with staff can help ensure your loved one continues to receive the care and respect they deserve.
Taking action when you suspect nursing home abuse or neglect is vital to protecting your loved one and holding facilities accountable. By documenting the signs, reporting your concerns, seeking legal assistance, and staying involved, you can help ensure your loved one’s safety and well-being.
If you suspect your loved one is a victim of nursing home abuse or neglect, our team at The Law Offices of Parente & Norem, P.C. is here to help. Call or text us at 312.641.5926, or fill out the contact form on our website to schedule a consultation.
P&B BLOG | Thanksgiving 2024 Road Travel Forecast
This Thanksgiving, the U.S. is set to experience record-breaking travel numbers, with an estimated 79.9 million people journeying 50 miles or more between November 26 and December 2. Of these, 71.7 million will travel by car, marking a 1.8% increase over last year. Here’s what you need to know if you’re hitting the road:
Busiest Travel Days
- Tuesday, November 26 and Wednesday, November 27 are predicted to be the most congested days. The worst times to travel are in the afternoon (1 PM to 7 PM), as commuters mix with holiday travelers.
- If possible, plan to drive during off-peak hours: before 10 AM on these days or on Thanksgiving morning itself, when traffic tends to be light.
Regional Traffic Insights
- The Chicagoland Area is expected to see the highest amount of congestion along its main arteries and interstate highways, especially I90, I94, and I55. Also expect delays around both O’Hare and Midway airports.
- Major cities like New York, Boston, Los Angeles, Seattle, and Washington, D.C., are expected to see traffic levels more than double their usual volume. Routes like I-95 and I-5 could face significant delays.
- Traffic on the Sunday following Thanksgiving will also peak, especially in urban areas as travelers return home.
Tips to Beat the Traffic
- Use navigation apps that factor in real-time traffic conditions.
- Avoid peak travel times: early mornings and late evenings are often the best options for a smoother drive.
- Monitor weather reports, as wet or snowy conditions are forecasted in some regions, which could worsen delays.
Safety and Preparedness
- Check your vehicle for road readiness (tire pressure, fluids, and emergency kits).
- Only use alternate routes you are familiar with.
- Carry snacks, water, and entertainment for longer-than-expected delays.
- Stay updated with local news and traffic advisories.
By planning strategically, you can reduce stress and spend more time enjoying the holiday with family and friends. Stay safe and have a happy Thanksgiving!
P&N BLOG | What To Expect During Your Free Case Evaluation
When you or someone you know has been injured due to negligence, the thought of hiring a personal injury attorney can be intimidating. At The Law Offices of Parente & Norem, P.C. we want to give you the confidence to reach out if you have any questions and want to see if you have a case to pursue. On today’s blog, let’s walk you through what a free case evaluation looks like at our firm.
Your First Call/Text or Contact Form
Whenever you reach out to Parente & Norem, your information is immediately given to our intake team. Outside of business hours, your contact information will be taken, and someone will reach out to you by the next business day. If it is during business hours, a member of the team will ask you some preliminary questions, and then ask you about the incident that left you injured. It’s important during this call to be as accurate and detailed as possible. You will need specific information like the date of the incident, who was involved, where the incident occurred, what happened, your specific injury and the medical treatment you have received thus far, any available police reports, incident reports, and insurance information. The more detailed and organized you can be before reaching out, the better.
Once your initial intake has been completed, it will be referred to the appropriate attorney based on the type of case it is. That attorney will then review the details that were given during your initial call, and reach out to you again if additional information is needed.
Next Steps
While the goal is always to start building your case immediately, it’s not unusual for some time to pass from your original call to when you are given the next steps. This can be for a myriad of reasons, but usually this is a period of information gathering to make sure our firm is a good fit for your case. During this time, you should continue to note everything going on as well as all of the medical treatment you are receiving.
Determining Whether or Not We Take Your Case
Several factors will contribute to whether or not Parente & Norem accepts your case. First and foremost our firm wants to make sure that we are the optimal attorneys to represent you for the best possible outcome. It is not our intention to pressure you into signing with our firm if it is not a case we can effectively represent.
If we decline to take you on as a client, it isn’t necessarily because you don’t have a case and you should continue your search.
When you’ve been injured, it never hurts to have an attorney look at your case. If you would like your own free case evaluation, call/text The Law Offices of Parente & Norem, P.C. at 312.641.5926 or fill out a free case evaluation form here on our website.
P&N BLOG | Who’s at Fault? Understanding Fault in Personal Injury Cases
When you’re injured due to someone else’s negligence, understanding who is legally at fault is critical for seeking compensation. Determining liability in personal injury cases can be complex, especially when more than one party shares responsibility. Here, we’ll outline the basics of how fault is determined and what factors come into play when multiple parties may be liable.
What is Negligence, and How Does It Relate to Fault?
Negligence is a legal term that refers to a failure to act with the care that a reasonable person would exhibit in similar circumstances. If someone’s negligence directly caused or contributed to your injury, they could be held liable for damages.
To prove negligence, your attorney will need to demonstrate:
Duty of Care: The responsible party owed you a duty of care (e.g., a driver has a duty to follow traffic laws).
Breach of Duty: They breached this duty by acting carelessly or irresponsibly.
Causation: Their actions directly caused your injury.
Damages: You suffered damages (financial, emotional, or physical) due to the injury.
How is Fault Determined in Personal Injury Cases?
Gathering Evidence: Fault determination starts with a thorough investigation of the circumstances leading to the injury. This may involve collecting police reports, witness statements, security footage, or photographs from the scene. Your attorney will use this evidence to paint a picture of how the incident occurred.
Identifying Liable Parties: It’s essential to identify all potentially responsible parties. In some cases, liability is straightforward, such as when a driver runs a red light and causes a collision. But in others, multiple parties may share responsibility; like in multi-vehicle accidents or situations where a property owner and an employee could both be held liable for a slip-and-fall accident.
Expert Witnesses: In some cases, your lawyer may bring in experts to determine fault. For instance, accident reconstruction experts can provide insights into a car accident, while safety experts might testify about proper protocols in a workplace injury.
Reviewing Legal Standards: Each state has specific rules about how fault impacts a personal injury case. For example, some states follow a “comparative negligence” standard, while others use “contributory negligence.” Understanding these legal standards is crucial in determining how much compensation you may be eligible for.
What Happens When Fault is Shared?
In some situations, more than one party may share the blame for an injury. States address shared fault in different ways, typically falling into one of the following categories:
Pure Comparative Negligence: In states with pure comparative negligence, each party is assigned a percentage of fault. You can recover damages even if you’re partially at fault, but your compensation will be reduced based on your level of responsibility. For instance, if you’re 30% at fault, your compensation will be reduced by 30%.
Modified Comparative Negligence: In states with modified comparative negligence, you can only recover damages if you’re less than 50% or 51% at fault, depending on the state. If you are found to be more than halfway responsible, you won’t receive any compensation.
Contributory Negligence: A few states still use contributory negligence, which is the most restrictive. Under this rule, if you are found to be even slightly at fault (even 1%), you cannot recover any compensation.
What to expect during the process of determining fault
The process of determining fault often includes several steps, which may vary depending on the complexity of the case. Here’s what you might expect:
Consultation with an Attorney: A personal injury lawyer will review the facts of your case and advise on your potential for recovery. They can help you understand the specific laws governing fault and your best course of action.
Case Investigation: Your lawyer will gather evidence, speak with witnesses, and work with experts to build a solid case showing the other party’s negligence.
Insurance Negotiations: Your lawyer will communicate with insurance companies to negotiate a fair settlement. Insurance adjusters may try to shift blame to reduce their payout, so having an attorney advocate on your behalf is essential.
Trial, if Necessary: If a fair settlement cannot be reached, your attorney may recommend taking your case to court, where a judge or jury will review the evidence and assign fault.
Why a Personal Injury Lawyer is Essential in Fault Determination
Personal injury lawyers understand the complexities of fault determination and have experience navigating cases where liability is disputed. They can help you maximize your compensation, even if you share some responsibility for the accident. Having a professional by your side ensures that every possible factor is considered, and your rights are protected.
Determining fault in a personal injury case can be complicated, but it’s essential for securing the compensation you need to recover. Whether another driver, a property owner, an employer, or multiple parties are responsible, an experienced personal injury lawyer can guide you through the process. By understanding how fault is shared and the legal standards that apply, you’ll be better equipped to pursue justice and move forward after an injury. If you or someone you know has been injured due to another’s negligence, call/text The Law Offices of Parente & Norem, P.C. today at 312.641.5926 today for a free case evaluation.
P&N BLOG | Navigating Emotional and Psychological Injuries
When people think of personal injury, physical damage often comes to mind—broken bones, bruises, or surgeries. However, what many don’t realize is that injuries can cut deeper than the physical. Emotional and psychological trauma are often silent but just as impactful. As a personal injury firm, we’re committed to helping our clients recover from all aspects of an injury, not just the visible ones.
Understanding Emotional and Psychological Trauma in Personal Injury Cases
Emotional and psychological injuries refer to the mental and emotional suffering that may follow a traumatic incident. These injuries can stem from any event that disrupts a person’s life, such as a car accident, workplace injury, medical malpractice, or other traumatic situations.
These hidden injuries can manifest in various ways, including:
Anxiety or panic attacks – A once-simple drive to work may now trigger overwhelming fear.
Depression – Feelings of hopelessness and sadness can take over, especially when facing the uncertainty of recovery or the loss of a loved one due to negligence.
Post-Traumatic Stress Disorder (PTSD) – A person may experience flashbacks, nightmares, or heightened anxiety following a traumatic event.
Sleep disturbances – Insomnia or disrupted sleep patterns are common after a traumatic incident.
Emotional instability – Anger, irritability, or emotional outbursts may occur more frequently.
It’s important to note that while a lot of feelings can emerge when you’ve been injured by another’s negligence, hurt feelings or ‘feeling disrespected’ do not qualify as emotional or psychological trauma.
Why Emotional and Psychological Injuries Matter
These hidden injuries can be just as debilitating as physical ones. Imagine trying to heal a broken leg while simultaneously dealing with crippling anxiety about driving or chronic depression. Emotional and psychological trauma can delay or complicate physical recovery, impact relationships, and even make it difficult for a person to return to work.
Ignoring these injuries can leave long-term scars. That’s why it’s essential to address them early and comprehensively. When left untreated, emotional trauma can evolve into chronic conditions that require long-term therapy or medication.
Recognizing Signs of Emotional and Psychological Trauma
As a personal injury client, it’s crucial to recognize the signs of emotional and psychological distress so you can seek the right kind of help. Here are some signs to watch for:
Changes in mood – Persistent feelings of sadness, irritability, or anger that don’t seem to pass.
Withdrawal – A desire to isolate from friends, family, or activities you once enjoyed.
Trouble focusing – Difficulty concentrating on tasks, work, or even conversations.
Hypervigilance – Constantly feeling on edge or overly aware of potential threats.
Physical symptoms – Headaches, stomach issues, and fatigue can often be related to emotional stress.
If you or someone you know is experiencing any of these symptoms following an injury, it’s important to seek help.
Injury recovery is about more than just mending broken bones or healing cuts—it’s about piecing back together your life and sense of well-being. Emotional and psychological injuries can be hidden and hard to talk about, but they are an essential part of your healing process. At The Law Offices of Parente & Norem, P.C., we’re committed to supporting you through the entirety of your recovery, ensuring that all aspects of your injury—physical, emotional, and psychological—are addressed.
If you or someone you love has been injured due to another’s negligence, call/text The Law Offices of Parente & Norem, P.C. at 312.641.5926 today for a free case evaluation.
P&N BLOG | Understanding the Types of Damages in Personal Injury Claims
When individuals suffer harm due to accidents or negligence, they may be entitled to compensation through personal injury claims. These claims serve to restore the injured party, as much as possible, to their pre-accident condition by covering financial losses, emotional harm, and other negative impacts caused by the injury. If you’re pursuing a personal injury claim, it’s essential to understand the types of damages you may be entitled to. Below, we’ll explore the three main categories of damages; economic, non-economic, and punitive damages, and what each entails.
Economic Damages
Economic damages are tangible financial losses that result directly from the injury. They are intended to reimburse you for actual expenses and losses you’ve incurred or will incur in the future due to the accident. These damages are usually straightforward to calculate because they are based on documented costs such as bills, invoices, and pay stubs.
Examples of economic damages include:
Medical Expenses – This includes the cost of doctor visits, hospital stays, surgeries, rehabilitation, medications, and ongoing treatment needs. Future medical expenses can also be claimed if your recovery will require long-term care.
Lost Wages – If your injury prevents you from working, either temporarily or permanently, you can recover the income you’ve lost. This also includes future lost earning potential if you are unable to return to your previous occupation or work capacity.
Property Damage – In cases like car accidents, property damage covers the repair or replacement of your vehicle or other personal property involved in the incident.
Other Out-of-Pocket Costs – Expenses like transportation to medical appointments, assistive devices (such as wheelchairs), or home modifications for disability may also be covered.
Non-Economic Damages
While economic damages compensate for tangible losses, non-economic damages address the intangible impacts of an injury. These damages can be harder to quantify since they deal with emotional, psychological, and physical suffering caused by the incident.
Examples of non-economic damages include:
Pain and Suffering – This refers to the physical pain and discomfort endured as a result of the injury.
Emotional Distress – Accidents can leave victims dealing with anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress accounts for these mental health impacts.
Loss of Enjoyment of Life – If the injury prevents you from participating in activities or hobbies you once enjoyed, you may be entitled to compensation for this diminished quality of life.
Loss of Consortium – In some cases, an injury can negatively impact the relationship between spouses or family members. Loss of consortium claims address the loss of companionship, affection, and support within these relationships.
Because non-economic damages are subjective, they often require the involvement of expert witnesses or testimony from therapists, family members, and the injured party to determine an appropriate value.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s actions were particularly reckless, malicious, or intentional. Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim but to punish the wrongdoer and deter similar conduct in the future. These damages are less common and typically only awarded in extreme cases, such as drunk driving accidents or instances of gross negligence.
Punitive damages vary significantly by jurisdiction, and some states place limits or caps on the amount that can be awarded. A skilled personal injury attorney can advise whether your case qualifies for punitive damages based on the specific circumstances.
Why It’s Important to Work with a Personal Injury Attorney
Understanding the types of damages you may be entitled to is critical for maximizing your personal injury claim. Calculating these damages; especially non-economic and punitive damages, can be complex and often requires experienced legal guidance. A personal injury attorney will not only ensure that all applicable damages are identified but also gather the necessary evidence to support your claim, including medical records, expert testimony, and financial documentation.
Additionally, insurance companies often try to settle claims for less than they are worth, particularly when non-economic damages are involved. Having a lawyer by your side helps level the playing field, ensuring you receive fair compensation for your injuries and losses.
If you or a loved one has been injured due to someone else’s negligence, understanding the different types of damages available is crucial for recovering the compensation you deserve. Economic damages cover your out-of-pocket losses, non-economic damages address your emotional and psychological suffering, and punitive damages may apply in extreme cases. An experienced personal injury attorney can evaluate your case, identify all applicable damages, and advocate for your best interests to achieve a fair settlement or court award.
At The Law Offices of Parente & Norem, P.C., we specialize in personal injury cases and are dedicated to helping our clients rebuild their lives after an accident. Contact us today at 312.641.5926 for a free consultation and learn how we can assist you in your pursuit of justice and compensation.
P&N BLOG | What to Expect When a Minor is Involved in a Personal Injury Claim
When a child is injured due to someone else’s negligence, the legal process becomes more complex than a typical personal injury claim. Special rules and protections are in place to ensure that the child’s best interests are considered. Whether the injury involves a car accident, premises liability, or medical malpractice, understanding the legal steps can help families navigate the process with greater confidence. On today’s blog, let’s outline what parents and guardians need to know when filing a personal injury claim involving a minor.
Who Can File the Claim?
Since minors (children under 18) are legally unable to represent themselves in court, a parent or legal guardian must file the personal injury claim on their behalf. In some cases, a guardian ad litem may be appointed to represent the child’s best interests, especially if there is a conflict of interest with the parents, such as a case where a parent may also be liable.
Parents and guardians act as the child’s advocate throughout the legal process. However, any compensation awarded in the case belongs to the child and is intended to cover the costs of the injury, such as medical bills, pain and suffering, and future losses.
Statute of Limitations
The statute of limitations—the time period after the accident when a claim must be filed—often works differently for minors. In many states, the clock does not start until the child turns 18. However, this rule varies depending on the nature of the injury, the type of defendant involved, and the laws of your state. Consulting a personal injury attorney early in the process ensures that important deadlines aren’t missed.
How Compensation is Handled
Any settlement or compensation awarded in a personal injury claim for a minor is carefully monitored by the court to protect the child’s financial interests. In many cases, the court will require the funds to be placed in a trust, structured settlement, or blocked bank account until the child turns 18.
This process ensures that the money is used as intended—to support the child’s needs, such as medical care or education—and is not mismanaged by the parents or others.
What to Expect from Court Involvement
When a minor is involved in a personal injury claim, courts often play a more active role. For settlements, a judge may need to approve the agreement to confirm that it is fair and in the child’s best interest. This step is known as a minor settlement hearing. At this hearing, the judge will review the terms of the settlement, the nature of the injury, and any future care the child may need before giving approval.
Types of Damages Available
In personal injury cases involving minors, damages may include:
Medical Expenses: Current and future medical costs related to the injury.
Pain and Suffering: Compensation for the physical pain and emotional distress the child has endured.
Loss of Future Earnings: If the injury affects the child’s ability to earn a living in the future.
Parental Loss of Income: Some claims may include compensation for a parent’s lost wages if they had to miss work to care for the injured child.
Settling vs. Going to Trial
In most personal injury claims involving minors, settlements are preferred. A settlement provides certainty and avoids the risks and emotional toll of a trial. However, the decision to settle or proceed to trial depends on several factors, including the strength of the case, the amount offered, and whether future needs are adequately covered by the settlement amount.
If a settlement is reached, the court’s approval ensures that the agreement is fair to the child. A personal injury attorney will negotiate on behalf of the family, working to secure the best possible outcome for the child’s present and future needs.
Working with a Personal Injury Attorney
Given the complexities of cases involving minors, working with an experienced personal injury attorney is essential. An attorney can guide parents through the legal process, ensuring the child’s rights are protected, and negotiate with insurance companies to secure fair compensation. Attorneys are also familiar with local rules regarding minor settlements and can streamline court procedures.
When a minor is involved in a personal injury claim, the legal process requires additional care to ensure that the child’s long-term well-being is protected. From filing the claim to handling compensation and navigating court involvement, every step must be carefully managed. Consulting a knowledgeable personal injury attorney early on will help families avoid pitfalls and secure the best outcome for the child’s future.
If your child has been injured due to someone else’s negligence, call/text The Law Offices of Parente & Norem, P.C. at 312.641.5926 for a free consultation with one of our experienced personal injury attorneys. We are here to help you every step of the way and ensure that your child receives the care and compensation they deserve.
P&N BLOG | Chicago E-Scooter Riders Experiencing Rising Injuries
In recent years, the streets of Chicago have seen a dramatic rise in e-scooter use. However, with the growing popularity of these micromobility devices comes an increase in serious injuries, with no comprehensive system in place to track how often riders are getting hurt.
Consider the case of Marie-Claire Ching, a 20-year-old Chicago resident who experienced two e-scooter accidents within weeks of each other. While riding her Segway scooter in the city, Ching was first struck by a car turning in front of her on Halsted Street. Less than two weeks later, she was hit again, this time by a BMW that ran a red light. Both incidents left her shaken and injured, underscoring the hazards that e-scooter riders face on Chicago’s busy streets.
Ching’s experiences are not isolated. Since e-scooters were introduced to the city in 2019, their use has skyrocketed. Between mid-2022 and late 2023, more than 3.7 million e-scooter trips were recorded, a significant increase from previous years. However, despite this surge in ridership, data on scooter-related injuries is noticeably absent. According to the Chicago Department of Transportation (CDOT), the city does not actively track these incidents, and e-scooter companies like Lime and Lyft’s Divvy have not shared local crash data.
The lack of transparency around e-scooter accidents is alarming, especially as healthcare providers report a rise in injuries. Dr. David Trotter, chair of emergency medicine at Advocate Illinois Masonic Medical Center, notes a steady uptick in e-scooter-related traumas. His hospital, which handles Level 1 trauma cases, has seen injuries ranging from minor cuts to traumatic brain injuries, particularly in riders who fail to wear helmets.
E-scooter injuries aren’t limited to scrapes and bruises. Fatal accidents are also possible. In 2022, Rayshawn D. Thomas was tragically killed when a truck struck him while riding his scooter in the Austin neighborhood. Unfortunately, incidents like these are becoming more frequent, with a 2023 Consumer Product Safety Commission report showing a 21% increase in micromobility device injuries nationwide compared to the previous year.
The city’s efforts to improve rider safety have been incremental. CDOT has worked with rental companies to introduce in-app safety quizzes and continues to expand bike lanes, which e-scooter riders can use. However, these measures alone are not enough to prevent accidents. Safety advocates like Christina Whitehouse of Bike Lane Uprising argue that more must be done to protect riders and other vulnerable road users.
For riders like Ching and others who have sought legal counsel after their crashes, the road to recovery is not only physical but financial. High medical bills, lost wages, and ongoing health issues are common struggles. As the popularity of e-scooters continues to grow, it’s clear that Chicago needs a better system to protect riders and hold negligent parties accountable. Without proper data and enforcement, the risks for e-scooter users will remain dangerously high.
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If you or a loved one has been injured in an e-scooter accident, The Law Offices of Parente & Norem, P.C. is here to help. Contact us at 312.641.5926 for a free consultation.
Source – Chicago Sun-Times
P&N BLOG | How Social Media Can Affect Your Personal Injury Case
Social media has become an integral part of daily life. Platforms like Facebook, Instagram, Twitter, and TikTok allow us to stay connected, share personal experiences, and engage with others. But while sharing updates and staying active online can be fun, it’s essential to understand that your social media activity can have serious consequences—especially if you’re involved in a personal injury case.
In fact, social media can be a double-edged sword in personal injury claims, with posts, photos, and even comments used by insurance companies or opposing counsel to undermine your case. Below, we’ll explore how social media can impact your personal injury claim and offer practical tips for managing your online presence to avoid common pitfalls.
How Social Media Can Be Used Against You
When you file a personal injury claim, the goal is to seek compensation for the physical, emotional, and financial harm you’ve suffered. However, the other side—whether it’s an insurance company or the defendant’s legal team—will often look for ways to minimize or discredit your injuries. One way they do this is by scrutinizing your social media activity. Here’s how it can happen:
Contradictory Posts
Suppose you claim that your injury has severely impacted your ability to perform daily tasks, but then you post a picture of yourself hiking, at the gym, or engaging in other physical activities. Even if that picture represents a rare good day or a carefully managed moment, it can be used to argue that your injuries are not as severe as you’ve claimed.
Comments Can Be Misinterpreted
Comments and responses to your posts, even ones made in jest, can be taken out of context. A seemingly harmless comment like “I’m feeling great today!” could be used to suggest that your injuries are not as debilitating as you claim.
Location Check-ins and Tags
Checking into a restaurant, concert, or vacation destination may be seen as evidence that you are not as injured as you have portrayed. Even being tagged in someone else’s post at an event could raise suspicion.
Emotional Well-being
Personal injury claims often include damages for emotional distress, yet social media posts showing you smiling, laughing, or enjoying time with friends could be presented as proof that you are not experiencing significant emotional suffering.
Online Interactions
Engaging with others online, such as discussing your case or venting frustrations, can also backfire. Opposing parties can use those interactions to argue that you’ve been inconsistent or exaggerating your claims.
How Courts and Insurance Companies Use Social Media
Social media evidence is increasingly being accepted in courtrooms, and it’s not just public posts that can be used against you. Even if your account is private, courts can subpoena social media records or request access to specific posts. Insurance companies may also monitor your online activity, looking for any information that could help them lower your settlement offer.
Additionally, any inconsistencies between your social media presence and the statements you make in court or to your attorney can be used to challenge your credibility, potentially harming your case.
Practical Advice for Managing Your Social Media Presence
Now that we’ve discussed how social media can impact your personal injury case, here are some practical tips to help you protect your claim:
Limit Your Social Media Activity
The safest course of action is to avoid posting on social media altogether while your case is ongoing. If that’s not possible, significantly reduce your activity and be mindful of everything you post.
Adjust Your Privacy Settings
Make sure your social media accounts are set to private. While this doesn’t guarantee complete protection—since posts can still be subpoenaed—it adds an extra layer of defense against casual snooping by insurance companies or opposing counsel.
Avoid Posting About Your Case
Never discuss the details of your case, your injury, or any aspect of your legal proceedings on social media. Even vague statements can be twisted and used against you.
Ask Friends and Family to Be Cautious
If friends or family tag you in posts or photos, ask them to refrain from doing so until your case is resolved. Even well-meaning posts can inadvertently harm your claim.
Be Mindful of All Content
Remember that images, videos, and even comments can be used as evidence. Avoid posting anything that could be interpreted as contradictory to your injury claims, no matter how innocent it seems at the time.
Think Before You Post
Before posting anything, ask yourself, “Could this be used against me?” If there’s even the slightest doubt, it’s better to hold off until your case is settled.
Social media is a powerful tool, but when you’re involved in a personal injury case, it’s crucial to understand how your online activity can affect the outcome. Insurance companies and defense attorneys are always looking for ways to reduce their liability, and your social media posts might provide them with the evidence they need.
By taking a proactive approach—limiting your posts, adjusting your privacy settings, and staying mindful of your interactions—you can protect yourself and your personal injury claim. When in doubt, always consult your attorney for guidance on how to manage your online presence throughout your case. If you have been injured, and would like to speak with one of our experienced personal injury attorneys, call/text The Law Offices of Parente & Norem, P.C. today at 312.641.5926 or fill out a contact form here on our website.
P&N BLOG | Panera Bread Reaches First Settlement in Wrongful Death Lawsuits Over Charged Lemonade
Panera Bread has reached its first settlement related to the wrongful death lawsuits stemming from its controversial Charged Lemonade. This marks the first resolution in a series of legal actions filed against the company after the death of Sarah Katz, a 21-year-old University of Pennsylvania student who suffered cardiac arrest in 2023 after consuming the high-caffeine drink.
Katz, who had a pre-existing heart condition, died just hours after drinking one of Panera’s Charged Lemonades. The lawsuit filed by her family was the first in a wave of litigation following the incident, which has raised concerns about the safety and transparency of the drink’s contents.
The family’s legal representation, Elizabeth Crawford, a partner at Kline & Specter, PC, confirmed the settlement in a statement shared with USA TODAY. However, she did not disclose specific details regarding the terms of the agreement. According to Crawford, additional lawsuits related to the Charged Lemonade remain unresolved and are still being pursued.
This settlement, first reported by NBC News, is just one of several lawsuits Panera faces over the now-discontinued drink. Other cases include the death of 46-year-old Dennis Brown from Fleming Island, Florida, and a claim of permanent injury by 28-year-old Lauren Skerritt of Rhode Island.
At the center of the controversy is the Charged Lemonade’s high caffeine content, with a large serving containing 390 milligrams of caffeine—equivalent to the amount found in multiple cans of energy drinks. Initially, Panera added warning labels to the beverages in response to the lawsuits, but the company has since removed the product from its stores nationwide as part of a broader “menu transformation.”
Panera Bread has not yet issued an official statement regarding the settlement or the pending lawsuits.
As the legal proceedings continue, the case highlights growing concerns about the transparency of ingredients in popular beverages, particularly for consumers with underlying health conditions. For now, Panera’s move to settle the Katz family’s lawsuit is a critical step in addressing the fallout from this tragic incident.