by Paul MankinHospital Slip and Fall Accidents: What Damages are you entitled to?
Types of damages you are entitled to – for premises liability claims and for medical malpractice claims
Hospital slip and fall accidents can be quite severe if the proper measures are not taken to ensure that the accident does not get out of hand. However, there are some cases that are disputed for quite some time, leading to the problems and injuries that have occurred with the slip and fall continue to get worse, and tend to escalate in severity.
During these types of situations, where you or a loved one may be dealing with an excess of bills and doctor’s appointments, it is important to understand what you may gain back from a won negligence or malpractice claim, as well as what you are allowed to attempt to claim for.
What is a Slip and Fall at a Hospital?
The first thing to understand is what a slip and fall accident at a hospital entails. For these situations, a claim can be brought on by two different types of people. They are generally classified as a visitor of the hospital, or a patient at the hospital. The difference between the two is that, with visitors, they will almost always be a case of negligence in a slip and fall case. For patients, they can either fall under the umbrella of a negligence case, or it could be a case of malpractice that led to the slip and fall accident.
In either case, the slip and fall that occurred by either a visitor or patient would be able to be linked to either negligence on the part of the hospital and staff, or to a direct malpractice situation that can be defined and proven. If so, the claim that was made by the patient or guest in question would be verified, and the damages would be paid out.
Types of Slip and Fall Claims
The types of damages and payouts given to those that do win a slip and fall case will depend entirely on what type of case it was classified as. If the case were classified as a negligence claim, the damages that would be paid out may only cover the short term, as the injury was caused by a simple mistake, such as a piece of stair being broken or a spill of liquid not being mopped up properly.
In cases of slip and fall due to malpractice, however, the damages can be a bit more long-term. This is because the damages can occur due to a number of reasons, which can have a long-lasting impact on the patient’s health and well-being. If your case is tied to such a thing like a misdiagnosis, a combination of prescribed drugs and medication, or improper care for your diagnosis, then a medical malpractice claim would be made, which can see the payment being made for things like mental well-being long-term, as well as future doctor’s visits if the long-lasting effects can be tied to the slip and fall case in question.
Damages Awarded to Negligence Claims
In terms of the damages being awarded for Negligence Claims in regards to a slip and fall claim, the medical bills associated with the medical treatment you received for the slip and fall would be paid. This ensures that the lowest amount paid to you, as the claimant, would be enough to cover any expenses posted for the injury itself.
This payout does not just include present bills that may have escalated due to the length of the proceedings, but it will extend out to future bills that may have ties in with the slip and fall accident. For instance, if you were to have a slip and fall accident, and at the present, had minor sprains and a partial fracture to your arm, the damages awarded to you would be the medical bills and payment amounts due to the hospital time while they took care of your arm and sprains. However, if later on down the road you developed severe cases of nausea, migraines, and memory loss, and it were tied to that slip and fall incident, you would get compensation for the visits to the doctor, or of medicine payments prescribed as well.
Damages Awarded to Malpractice Claims
With a medical malpractice claim during a slip and fall accident, you would also gain the benefits of the present and future medical bill expenses being compensated. However, in these types of cases, there is the possibility of also getting compensation for pain and suffering throughout the entirety of the process.
Pain and suffering compensation can be taken care of when dealing with long-term effects of the injury. For example, if you fell down a flight of stairs in a hospital, and ended up breaking your leg, and will have to walk with a limp for the rest of the foreseeable future, the courts may find that you are entitled to a beneficial multiplier on top of what you are already being compensated with. However, this can also go down the other way, where if your injuries are only sustained for a period of a month or so, the compensation awarded may be quite a bit smaller in comparison due to the bills paid off.
Lastly, another major compensation would be lost wages or loss of earning capacity. Both deal with the fact that an injury could severely inhibit your ability to work. As such, if a slip and fall injury that occurred within the hospital caused you to lose your job, or forced you to learn a new job, you would possibly be entitled to your training and education being paid for by the hospital. You could also be given a lump sum if you were to take a reduction in your earning capacity at your job.
by Paul MankinAre you Receiving Harassing Phone Calls from BC Services, Inc.?
BC Services, Ins. is a debt collection agency located in Longmont, Colorado. It has been in business since 1925 and also uses the names Bonded Collection Service of Longmont, Bonded Collection Service, Inc. and Accounts Receivable Management Co Inc. The company collects for healthcare, financial, and utility providers nationwide.
Contact Information:
550 Disc Dr.
Longmont, CO 80503-9343
Phone: (303) 532-3500
The Better Business Bureau (BBB) reports 18 complaints filed against BC Services, Inc. in the last three years. These complaints allege that the collection agency attempted to collect the wrong amount, refused to provide debt verification information, falsely representing the legal nature or character of the debt, and failing to properly serve consumers that it sued. These are all violations of the Fair Debt Collection Practices Act (FDCPA), a federal law enacted in order to help prevent debt collectors from using unfair, deceptive, or abusive practices when attempting to collect on a debt.
The FDCPA specifically prohibits many other practices commonly used by debt collectors, including:
- Falsely representing that they are an attorney or law enforcement officer
- Contacting third parties about a debt
- Attempting to collect fees and charges not included in the original contract
- Falsely implying that a consumer will be arrested if they do not pay
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Charging fees not allowed for in the original contract
- Threatening to commit acts of violence against a consumer or their property
- Refusing to provide a consumer with verification of a debt it is attempting to collect
- Threatening to take action they have no legal right to take
- Making telephone calls without properly identifying themselves
- Falsely representing the amount or legal status of a debt
Any harassing, deceptive, or abusive practice employed by a debt collection agency may also be in violation of other state or federal consumer protection laws and if those practices are being employed by an agency attempting to collect a debt from you, they may owe you money.
If you believe that BC Services, Inc., Bonded Collection Service of Longmont, Bonded Collection Service, Inc. or Accounts Receivable Management Co Inc. is using unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinAre You Recieving Harassing Phone Calls from Harris and Harris, Ltd?
Harris & Harris Ltd. is a debt collection agency located in Chicago, Illinois. The agency has been in business since 1968 and provides debt collection services to healthcare providers, utility companies, and government agencies.
Contact Information:
111 W Jackson Blvd STE 400
Chicago, IL 60604-4135
Phone: (312) 251-2300
Since 2015, 95 complaints against Harris & Harris Ltd., have been filed with the Better Business Bureau (BBB). These complaints allege several Fair Debt Collection Practices Act (FDCPA) violations, a federal law that prohibits debt collectors from using unfair, abusive, and deceptive practices when attempting to collect on a debt. Violations include:
- Refusing to provide debt validation information
- Failing to inform consumers the call is an attempt to collect on a debt
- Reporting false credit information to the credit reporting bureaus
- Charging fees and interest not provided for in the original contract
- Harassing phone calls
- Attempting to collect the wrong amount
Many of the complaints also allege that the agency’s representatives are rude, hang up on consumers, ask for personal information, such as social security numbers before providing any information about why they are calling and who they are, and refuse to provide the consumer with any information about the debt, but simply demand immediate full payment. Many appear to be disputes with how health insurance companies and worker’s compensation boards handle billing and payments.
Consumers have also filed 192 complaints with the Consumer Financial Protection Bureau (CFPB), a federal agency created to help prevent companies in the financial industry, such as banks, credit card companies, and debt collection agencies, from abusing and deceiving consumers. In these complaints, consumers allege that Harris & Harris Ltd.:
- Repeatedly call their phone and allows it to ring continuously
- Refuse to listen to consumers when being told the account does not belong to them or that they have the wrong telephone number
- Continues to contact them after being asked in writing to stop
- Calls before 8:00 a.m. or after 9:00 p.m.
- Attempts to collect on debt that has been paid
- Fails to send consumers required notices
- Falsely imply that a consumer will be arrested if they do not pay a bill
- Impersonates law enforcement officers and/or government officials
- Calls consumers at their place of employment
- Uses automated calling systems in order to harass consumers
Many of these practices are FDCPA violations and some may violate other federal or state law.
If you feel that Harris & Harris Ltd. is using unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation consultation at 1-800-219-3577. We will also explain how to stop harassing phone calls.
by Paul MankinHave you ever received a postcard from a debt collector attempting to collect money from you?
Have you ever received a postcard from a debt collector attempting to collect money from you?
The FDCPA regulates communications between debt collectors and consumers. Under this federal law, debt collectors are prohibited from engaging in unfair practices to collect debts. Prior to enacting the FDCPA, Congress heard testimony regarding some of the unfair practices utilized by unethical debt collectors. Communicating with consumers via postcard is one such common and unfair practice. As a result, the FDCPA expressly prohibits debt collectors from contacting you with a postcard.
If you have received a postcard from a debt collector, please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinAre you Receiving Harassing Phone Calls from Benuck & Rainey, Inc.?
Benuck & Rainey, Inc. is a debt collection agency located in Barrington, New Hampshire. It has been in business since 2004 and collects for all types of original creditors.
Contact Information:
221 Old Concord Tpke
Barrington, NH 03825-5155
Phone: (603) 868-5566
Nine complaints have been filed against Benuck & Rainey, Inc. with the Better Business Bureau (BBB) in the last three years. These complaints allege that the collection agency misapplied payments, attempted to collect the wrong amount of debt, used abusive language, attempted to collect on a debt that had been discharged in bankruptcy, and refused to provide debt verification information to consumers. These collection practices are all violations of the Fair Debt Collection Practices Act (FDCPA), which is a federal law passed to help prevent debt collectors from using deceptive, unfair, or abusive practices while attempting to collect a debt.
The FDCPA prohibits many other practices that are frequently used by debt collectors, including:
- Making telephone calls without properly identifying themselves
- Falsely representing that they are an attorney or law enforcement officer
- Threatening to take action they have no legal right to take
- Attempting to collect fees and charges not included in the original contract
- Falsely implying that a consumer will be arrested if they do not pay
- Contacting third parties about a debt
- Charging fees not allowed for in the original contract
- Falsely representing the amount or legal status of a debt
- Threatening to commit, or committing, acts of violence against a consumer or their family or property
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
Any unfair, deceptive, or abusive practice used by a debt collector in an attempt to collect on a debt may also be in violation of other federal or state law meant to protect consumers and if those practices are being used by an debt collection agency while attempting to collect a debt from you, the collection agency could be ordered to not only stop the collection attempts, but may have to pay you money and even consider the debt as paid in full.
If you believe that Benuck & Rainey, Inc has been using unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinAboudi v. T-Mobile USA, Inc. Class Action Settlement – $2.5 Million
A proposed settlement has been reached in a class action lawsuit brought by Sayan Aboudi against T-Mobile USA, Inc. under the Telephone Consumer Protection Act (“TCPA”). The lawsuit alleges that T-Mobile violated the TCPA by using an automatic telephone dialing system or and artificial or prerecorded voice to place collections calls to cell phones without the prior express consent of Plaintiff and class members. T-Mobile denies any liability and denies that this case could be certified as a class action if it were litigated. More details on the settlement can be found at www.aboudisettlement.com. The class is represented by Paul Mankin of the Law Offices of Paul Mankin, Josh Swigart of Hyde & Swigart, Abbas Kazerounian of the Kazerouni Group, APC, and Todd Friedman of the Law Offices of Todd Friedman. T-Mobile USA, Inc. is represented by Kristine McAlister Brown of Alston & Bird LLP.
by Paul MankinHas Debt Collector or Creditor been Verbally Abusive to You?
A DEBT COLLECTOR MAY NOT VERBALLY ABUSE YOU.
Has a debt collector or creditor been verbally abusive to you?
Under the FDCPA, a debt collector may not be verbally abusive while attempting to collect on a debt. What exactly does “verbally abusive” mean?
For some debtor’s the verbal abuse they have experienced at the hands of a debt collector is clear. A message on the answering machine asking, ‘have you ever been raped?” or a collector for a funeral home telling the decedent’s family if they do not pay the bill, their loved ones body will be dug up and hung from a tree. But the verbal abuse does not have to go that far for the collector to violate the law.
Verbal abuse may include:
- Using obscene or profane language
- Yelling or screaming
- Calling you names
- Insulting you or saying anything meant to humiliate you
- Intimidating you in an effort to collect on the debt
This list is not all inclusive, and if you feel as if you have been verbally abused by a creditor or debt collector, you probably have.
If you believe a creditor or debt collector has been verbally abusive to you, please contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinWho is calling me from 1-800-356-3713?
Are you receiving harassing phone calls from 1-800-356-3713? This phone number belongs to A.C.A. Recovery, Inc., a collection agency located in Ridgewood, New Jersey.
Contact Information
50 E. Ridge Ave. #395
Ridgewood, NJ 07450
Phone: (800) 356-3713
Complaints filed with the Better Business Bureau (BBB) and across the internet allege that A.C.A. Recovery, Inc.’s customer service representatives use profane language, fail to identify themselves as debt collectors, and threaten to take legal action against consumers while calling to collect on debts. The Fair Debt Collection Practices Act (FDCPA) specifically prohibits debt collection agencies from failing to properly identify themselves and from using harassing or obscene language. Some other specific acts that are FDCPA violations include:
- Calling consumers before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer has committed a crime or will be arrested for not paying a bill
- Using any language that the natural consequence of which is to make a person feel abused
- Threatening to take any action the collector does not intend to take
- Allowing a consumer’s telephone to ring continuously
- Calling consumer’s at work when they know the employer does not allow personal calls
- Contacting a consumer after being asked in writing to stop
- Failing to provide a consumer with basic information needed to verify a debt
The FDCPA prohibits debt collectors from using many other unfair, abusive, and deceptive collection practices and this list is not all inclusive of all the FDCPA violations.
If you are getting harassing phone calls from 1-800-356-3713 which violate the FDCPA, it is time they are held accountable for their actions. Please call our office at 1-800-219-3577, for a free, no obligation case review. We will also explain how to stop harassing phone calls.
by Paul MankinIs First National Collection Bureau, Inc harassing you?
First National Collection Bureau, Inc. is a debt collection agency located in Reno, Nevada. It has been in business since 1983 and also uses the name FNCB. The agency provides debt collection services to a variety of companies including the telecommunications industry, auto lenders, and credit card companies.
Contact Information:
50 W Liberty St STE 250
Reno, NV 89501-1973
Phone: (800) 824-6191
The Better Business Bureau (BBB) and Consumer Financial Protection Bureau (CFPB) report nearly 300 consumer complaints filed against First National Collection Bureau, Inc. in the last three years. Complaints allege that the collection agency:
- Failed to provide debt verification information
- Continued contacting a consumer about a debt after becoming aware that the consumer had an attorney
- Used abusive language when attempting to collect on a debt
- Continued calling a consumer to collect on a debt that did not belong to him
Reported false information to the credit reporting agencies
These are all violations of the federal Fair Debt Collection Practices Act (FDCPA), a law enacted to help protect consumers from deceptive, unfair, and abusive collection practices. Other specific practices the Act prohibits include:
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Falsely implying that a consumer can be arrested for not paying a bill
- Advertising a debt for sale in order to coerce payment from the debtor
- Attempting to collect fees that were not provided for in the original contract
- Continuing to call a consumer after being asked to stop contacting them
- Allowing a consumer’s phone to ring continuously in an attempt to annoy them
- Calling a consumer at work when it knows the employer prohibits this type of call
- Using profane, obscene, or abusive language
A number of the complaints filed against First National Collection Bureau, Inc. allege that the company is attempting to collect on a debt that is old and past the statute of limitations. While many companies will stop collection attempts once the statue of limitations has run out, they are still allowed to make collection attempts; they simply cannot sue you to collect on the debt. However, you may accidentally restart the statute by taking certain actions, so it is a good idea to consult with a consumer attorney before even speaking with a debt collector about an old debt.
If First National Collection Bureau, Inc. is using any unfair, deceptive, or abusive practices in order to collect a debt from you, it is time to hold them accountable for their actions. Please contact our office for a free, no obligation consultation at 1-800-219-3577.
by Paul MankinHas a debt collector or creditor threatened to have you arrested if you did not pay?
DEBT COLLECTORS AND CREDITORS ARE NOT ALLOWED TO THREATEN TO HAVE YOU ARRESTED IF YOU DO NOT PAY
Has a debt collector or creditor threatened to have you arrested if you did not pay?
You generally cannot be arrested for not paying a debt and since collectors are not allowed to threaten to do anything they are not legally able to do, they are not allowed to threaten to have you arrested for not paying. The FDCPA does not allow debt collectors to make false or misleading representations, and telling a consumer they could be arrested for not paying a debt is almost always blatantly false.
Debt collection is a civil process, not a criminal, one and debtors usually do not go to jail for not paying a bill. However, if you write a bad check and do not make good on it, it could become a criminal matter for which you may be arrested and charged. Unpaid child support and criminal fines, such as court costs, restitution, and fees resulting from criminal charges are also debts for which a person may be arrested for not paying. Another way a consumer might end up in jail after not paying a bill is to ignore a lawsuit and fail to appear in Court after being issued an order to appear.
Fake debt collectors have recently been threatening consumers across the country with arrest if they do not pay bills that do not even exist. These fake collectors oftentimes leave a pre-recorded message threatening to contact local law enforcement and have your arrested if you do not call them back immediately to make payment arrangements. The fake debt collectors are usually calling from a call center where incoming calls are answered with an automated system thanking you for calling the Internal Revenue Service or other law enforcement agency. When connected with a live person, the “debt collector” will then identify him/herself as “Agent Robinson” or use some other official title such as officer, to imply they work for a law enforcement agency. Law enforcement agencies do not double as debt collectors and will not telephone you to collect a debt. If you truly owe a debt to a government agency, such as the Internal Revenue Service, California Department of Revenue, or a local court, you will be contacted by mail.
If a debt collector or creditor has published threatened to have you arrested if you do not pay a bill, please contact us for a free, no obligation consultation at 1-800-219-3577.