Toll Free: 866-298-0768 Local: 704-296-0055 info@wkg-law.com

Disability and the Law

Feb 23, 2017

Disability and the Law: Sample Cases

Think you don’t have a chance in court… just because you’re disabled? Think again. Pre-existing disabilities don’t keep you out of the courtroom if you’ve been injured through no fault of your own. It’s not easy… but it can be done. Here are some examples of success.

rear-ended by another driver

In Mecklenburg County last year, a woman sued a driver after automobile collision. The 49-year-old woman had a long and significant medical history including a diagnosis of multiple sclerosis. While driving on I-85, she was rear-ended by another driver. She complained of injuries to her neck, back and right ankle. But her medical history also showed she had previously suffered from neck and back pain and a fractured ankle. To make matters worse, her neurosurgeon had twice had his medical license suspended. The driver that hit her admitted to negligence causing the collision but denied causing any injuries. Due to her pre-existing conditions, without going to trial, the case was negotiated and settled for $25,000.

A 35-year-old man living in the North Carolina mountains had always struggled. He suffered from mental health issues including PTSD. Even so, he rode a motor scooter every day to his job at a grocery store – a ride that took 1 ½ hours each way. But one trip changed his life even more when he was struck by a car. He was hospitalized for three weeks, in a rehab facility for five months, and then had to move to an assisted living facility. In a lawsuit, the driver who hit him tried to claim that the psychological effects from the collision were because he was already susceptible due to his pre-existing mental condition. Despite credible, expert witnesses on both sides of the case, the jury returned a verdict of $775,000.

motor scooter hit by car
vehicle struck by a truck

In Wilson, NC, a 47-year-old man had long lived with pain. He had a history of herniated discs, among other things, with pain regularly radiating down his right leg. He was disabled and on restricted duty at work – sitting 85% of the time and no lifting. One afternoon, his vehicle was struck by a truck; he had to stop in a travel lane but the truck did not stop. Despite his previous medical conditions that left him partially disabled, the case was resolved pre-trial for $36,900.

If you or a loved one are disabled and think you’ve been wronged, please consider us a resource. We’re happy to review the circumstances with you and help you be compensated for the losses that you have sustained. You can call the Law Offices of William K. Goldfarb at 704-296-0055 or simply complete the “Contact Us” form on this website.. And there is no fee for the initial consultation.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Disability Etiquette

Feb 14, 2017

Legal Lunchables

Disability Etiquette And Meeting

Disability Etiquette

In our interactions with the disabled, we frequently hear comments about how able-bodied people often seem to feel uncomfortable around them.   People don’t know how to act, react or interact. So we thought it would be a good idea to provide some education on disability etiquette – courtesy of the United Cerebral Palsy Association. Their top 10 tips:

  1. When talking with a disabled person, speak directly to him rather than through a companion.

  2. When introduced to a disabled person, it is appropriate to offer to shake hands. And shaking with the left hand, if necessary, is appropriate.

  3. When meeting a visually impaired person, always identify yourself. If in a group conversation, identify others who are speaking.

  4. If you offer assistance, wait until the offer is accepted. Then ask and listen to instructions.

  5. Treat adults as adults. Address them using their first names and don’t patronize by patting on the head or shoulder.

  6. Leaning on or hanging on someone’s wheelchair is similar to leaning on or hanging onto a person. It’s generally considered annoying.

  7. Listen attentively when talking with a person who has difficulty speaking. Be patient and wait for the person to finish. Ask short questions that require short answers. If you don’t understand, repeat it back and allow the person to respond.

  8. When speaking with a person in a wheelchair, place yourself at eye level to help with a comfortable conversation.

  9. To get the attention of a person who is deaf, gently tap his shoulder or wave your hand. Speak while looking directly at the person to determine if he can read your lips.

  10. Relax! Don’t be nervous or afraid of doing the wrong thing. And if you’re unsure of what to do, ask.

We hope you find these tips helpful. And if you or your loved one are disabled and you suspect abuse or neglect, The Law Offices of William K. Goldfarb is your resource. Feel free to contact us if you need help or just have a question. You can call us at 704-296-0055 or us through this website on the “Contact Us” page.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Robert’s Story: Does he have a legal case with a disability?

Feb 9, 2017

Boy walking to park

Robert’s Story:
Does he have a legal case with a disability?

Recently, we’ve been sharing information with you about the challenges and burdens of not only having a disability but also caring for someone with a disability. Today, we’d like to share with you the story of Robert. Although that’s not his real name, his story is real. And it should give us all pause.

Robert’s birth was a joy and a gift from God to his parents. He was a chubby, bundle of joy and his mom and dad couldn’t believe how blessed they were to have him in their lives. But as the months passed, his parents noticed some anomalies…. little things that they dismissed at first but that gradually grew to worry them. Robert was eventually diagnosed with autism or more precisely Autism Spectrum Disorder.

Autism Spectrum Disorder occurs more frequently in boys than girls. It impacts the nervous system and the range and severity of symptoms can vary widely. But the common symptoms are difficulty with communication, difficulty with social interactions, obsessive interests and repetitive behaviors.

Fast forward a couple of decades. Robert is now 24 years old. He lives at home with his parents and siblings. He doesn’t have the capacity to live independently and requires at least partial physical assistance, sometimes full assistance. Robert is also relatively uncommunicative. He does have a communication device to help him but for the most part he is unable to use words to express himself.

Over time, Robert developed a love for walking. His favorite route was to a nearby Walmart. He also attended a day program that offered various therapies designed to help him with everyday life. But about a year ago, Robert was struck by a car. He suffered no broken bones but the event itself was traumatic. Now Robert rarely leaves home during the day – sometimes refusing to even leave his room. He is easily frustrated and sometimes aggressive. When upset, Robert might bite his arm – a behavior that at one point left his arm with an infection that took a year to heal.

Doctors who have examined Robert feel the traumas have increased his anxiety level. While Robert has a good relationship with his family, he can be volatile – again, attributed to the trauma.

As a law firm, we are doing our best to help Robert and be of assistance to his family. Robert cannot help himself much and cannot communicate much detail about how he came to be struck by a car. That is one of the challenges in representing the handicapped and disabled and it is a challenge that we, The Law Offices of William K. Goldfarb, embrace. It has been a passion of Mr. Goldfarb’s for decades and led him into the practice of law.

If you have a loved one who is disabled physically or mentally, and if you suspect neglect or abuse, please consider us a resource. If you need help or just have a question, please reach out to us. You can call us at 704-296-0055 or simply submit your question through the “Contact Us” page on this website.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Disabled Victims Indicators

Jan 25, 2017

A Warning Sign Check List That Your Disabled Loved One May Be Victimized

If you have a loved one – family, friend or neighbor – being cared for by a third party, here are some indicators that may tell you that something is occurring that shouldn’t.

Physical Abuse

  • Fear of caregivers
  • Unexplained injuries
  • Delay in seeking treatment
  • Over-sedation
  • Unusual pattern of bruises
  • History of changing doctors
  • Scalp Injuries

Emotional Abuse

  • Low self-esteem
  • Appears nervous around caregiver
  • Confused
  • Suicidal
  • Avoids eye contact with caregiver
  • Fear of abandonment
  • Lethargic or withdrawn

Sexual Abuse

  • Unusual fear of person
  • Stained, torn or bloody clothing
  • Pain and bruising
  • Change in sexual behavior
  • Pregnancy
  • Sexually transmitted diseases
A Warning Sign Check List That Your Disabled Loved One May Be Victimized

Financial Abuse

  • Unexplained missing items
  • Failure to pay bills
  • Inaccurate knowledge of finances
  • Suddenly changing a will
  • Going without affordable necessities
  • Unusual withdrawals from bank account

Neglect

  • Malnourishment
  • Wandering without supervision
  • Lack of heat/electricity
  • Unkempt appearance
  • Missing dentures, glasses, hearing aids
  • Skin conditions or pressure sores
  • Untreated medical problems
  • Alcohol or medication abuse

Most victims of abuse or neglect feel depressed and anxious. While you shouldn’t jump to conclusions, you should take these indicators seriously. If you feel your loved one may be a victim, please feel free to contact us and we’ll help you sort it out. You can call us at 704-296-0055 or contact us through this website on the “Contact Us” page. We’ll do our best to give you good, responsible guidance and advice.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Disabled Victims

Jan 20, 2017

disabled person confined to a wheelchair

Disabled Victims

The next time you are in a restaurant or a shopping mall, and you see a seriously disabled person confined to a wheelchair, take a moment to ponder: what if that person were a victim of a crime? Could he or she tell someone? Would he be taken seriously? Could she handle the rigors of a court case?

Numerous studies over the past two decades show that the underreporting of crimes against people with disabilities is a major problem. These victims of wrongdoing are very unlikely to reap the full benefits of the court system. They are penalized, in a way, by:

  • Inadequately trained service providers
  • Lack of best practices for serving those with unique needs
  • Lack of knowledge by the victims that their treatment is actually wrong
  • Attitudinal prejudices against those with disabilities
  • Stigmatization of the disabled

There is limited information regarding the disabled as victims. But what information there is can be horrifying:

  • Adults with a developmental disability have a 4-10 times higher risk of becoming a victim.
  • Children with any type of disability are more than twice as likely to be physically and/or sexually abused.
  • Crimes against people with disabilities are often extremely violent and calculated to injure, control and humiliate the victim.

Many people with disabling conditions, whether physical or mental, are vulnerable because of their real or perceived inability to fight back or to flee, much less notify others or testify about the victimization. In fact, many offenders are motivated by a desire to select their prey for vulnerabilities. And that applies to abuse by the very professionals and other caregivers who provide services for the disabled.

If you are responsible for someone with a disability who has been injured or abused, how do you afford them full access and rights of the law? If you suspect your loved one is being victimized, what do you do? That’s where we can help. Feel free to contact us if you need help or just have a question. You can call us at 704-296-0055 or contact us through this website on the “Contact Us” page.

Coming up soon on this blog: a warning sign check list that your disabled love one may be victimized.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

Victims with Disabilities

Jan 18, 2017

Legal Lunchables

Victims with Disabilities

As you go about your day, every day, you likely are sitting, standing or walking next to a victim of neglect or abuse – a victim who has never reported the crime. That’s because he has some type of disability that deters him from interacting with the court system. It may be a physical disability that inhibits his ability to communicate. Or a physical handicap making it easy to explain away an injury as something other than a criminal act. It may be a mental disability that infers that is he not credible or reliable. But whatever the reason, it is unacceptable. And that’s why The Law Offices of William K. Goldfarb has made it a priority and a special interest to seek justice on behalf of the disabled.

This special interest is a calling for the firm’s founder, William K. Goldfarb. He is driven by a desire developed in his youth to help people and he knew from a young age there was a legal aspect to being of true service.

North Carolina State University

North Carolina State University

Mr. Goldfarb attended North Carolina State University on a gymnastics scholarship. While in school, and on his own initiative, he began working with disabled children in a gym teaching them basic gymnastics – an avant garde endeavor at the time. Mr. Goldfarb arranged the gym time, off campus, on his own and worked with children of varying disabilities after hours. He can’t really explain why he did it or where the idea first came from. He just did it. On his own time. With no fanfare. No recognition. But it planted a seed of altruism that led him to become a lawyer in 1991. Since establishing his own firm in 1996, that sense of compassion is still foremost in his practice today….although he still avoids the spotlight.

Gym Carolina Gymnastics

Gym Carolina Gymnastics

In the coming weeks and months, you’ll find information about victims with disabilities on our website and our Facebook page. At a minimum, you’ll find it interesting. But we hope you’ll also find it helpful in understanding and perhaps even helping those among us who may need assistance and can’t ask for it. In the meantime, if you or a loved one, a friend or neighbor, need help or just have a question, please feel free to contact us at any time. You can call us at 704-296-0055 or submit your question through our website www.wkg-law.com. We look forward to hearing from you.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

William K. Goldfarb North Carolina Advocates for Justice President's Club
William K. Goldfarb American Association for Justice
William K. Goldfarb, Melvin M Belli Society
William K Goldfarb AV Preeminent by Martindale-Hubbell
Who's Who Top Attorney North America

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