My Loved One Doesn’t Want to Report Sexual Abuse: What Should I Do?
If someone you love has been victimized but does not want to report sexual abuse, it can be difficult knowing how to help them. Once they have entrusted you with their story, you might feel hopeless if they decline to speak to authorities about the assault. Fortunately, there are still many ways you can be an asset to them and aid them through the healing process. Why Someone Might Be Apprehensive to Report Sexual Abuse First, it is important to understand the variety of reasons your loved one might not want to report the abuse. They might be concerned that people won’t believe him/her. A victim might have fear about the criminal justice system. Their abuser might be someone they thought they could trust. They might believe that they “deserved it” based on events surrounding the attack, such as drugs or alcohol consumption. Having empathy, patience, and understanding is vital in your role as a supporter. Listen Intently and Believe Them If your loved one is not ready to seek immediate legal action, you can be a supporter by just taking the time to listen to them. Rather than asking a lot of questions, let your loved one know that you believe them and will do your best to support them. Reassure them that they are not alone, and refrain from judging or placing any blame on the victim. Here are a few appropriate responses you can share with your loved one or friend: “Thank you for sharing.” “You are not to blame for what happened to you.” “You didn’t deserve what happened to you.” “I’m sorry this happened to you.” “You are not what was done to you.” “I support you in your healing process.” “I respect you for addressing this.” “I love you.” Encourage Them to Get Help Your loved one might not be ready to report sexual abuse, but they need to understand the other options they have at their disposal. Medical Assistance- Encourage them to go to a hospital or a nearby Planned Parenthood Center for immediate medical attention if the sexual abuse happened recently. Offer to drive them there and sit with them throughout the examination. Therapy– For the long term, encourage them to see a licensed therapist or counselor to discuss what happened. Community Support Groups- Recommend joining a community support group. Your nearest Planned Parenthood Center can connect you with these groups in your area. Sexual Abuse Hotline– We are lucky to have a national sexual assault hotline available at all times. Suggest to your loved one that they reach out to RAINN for confidential and professional support. Don’t Pressure Them Ultimately, you cannot force your loved one to take action regarding their abuse. Your role as a supporter is to be patient and understanding. Provide them with recovery options, but never pressure them into moving faster than they are capable of. If they do decide to report the abuse, you can help by offering to be there with them. Flickinger Sutterfield & Boulton is Here For You If you or a loved one is ready to report sexual abuse, Flickinger Sutterfield & Boulton is here to help you hold those responsible accountable for their actions. If you decide to pursue action against those who caused you harm, our team will stand by you. It is never too late to get the help you need. We have offices in Provo, Orem, Saratoga Springs, and West Jordan, Utah. Contact us today.
Causes of Accidents: Drunk Driving
Almost 30 people die every day due to drunk driving accidents. That equates to one person every 50 minutes, and over 10,000 people each year. Even though drunk driving numbers have decreased every decade over the past 30 years, it is still plaguing this country, injuring and killing innocent bystanders every hour. Alcohol’s Effect on Drivers Alcohol inhibits the brain’s ability to react to situations. During decision-making, signals are delayed as they are sent through the body. Here are some specific driving functions that are impaired by alcohol: Reflexes – When a person is under the influence of alcohol, their reflexes are shorter, inhibiting their ability to make quick decisions. Concentration – In order to drive safely, drivers must be able to multitask. They need to be aware of their own car, as well as the other cars around them. An intoxicated driver does not have the ability to concentrate on multiple things at once. Understanding Signs and Signals – A drunk driver has a difficult time understanding basic traffic signs and signals, putting themselves and others in grave danger. Signs of Drunk Driving Intoxicated drivers pose a major risk to themselves and others when they get behind the wheel. They tend to attempt to fool other drivers into thinking that they are driving well. Here are some signs to look for while on the road: Wide and Slow Turns – When a driver is impaired, it is difficult for them to make a simple turn. Drunk drivers tend to take turns slower than usual, making a wide turn radius. Hugging the Center Lane – Most intoxicated people are aware that swerving and erratic behavior is a sure sign of driving drunk. Subsequently, drivers will overcompensate by driving slowly and staying close to the center lane to help keep their car straight. Driving Below the Speed Limit – Drivers under the influence tend to stay more than ten miles-per-hour under the speed limit. They are also known to come to a complete stop when they are supposed to be moving. Statistics According to The Foundation for Advancing Alcohol Responsibility, there were 10,511 intoxicated driving fatalities in the United States in 2018. In addition, there were 61 in the state of Utah. Nationally, 28.8 percent of car accident deaths were due to drunk drivers in 2018. In Utah, the percentage was 23.5. Prevention The Centers for Disease Control and Prevention has recommended some ideas to help prevent impaired driving. These recommendations include: Sobriety checkpoints High-visibility saturated patrols Alcohol treatment programs School-based instructional programs Taking these steps will hopefully continue the reduction of fatalities due to driving under the influence, making the roads a safer place. Flickinger Sutterfield & Boulton Fights Against Drunk Driving If you or a loved one has been in an accident as a result of driving under the influence, Flickinger Sutterfield & Boulton is here to help. Our highly trained accident attorneys understand the grief and pain that comes from an accident that was not your fault. We will fight to help you receive the proper compensation you deserve. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today.
What Are the Top Five States with the Most Pedestrian Deaths?
Pedestrian accidents can occur anywhere, but there are a few select states that have suffered the most pedestrian deaths. Today, we are exploring which states are among the top five for pedestrian casualties in America.
5 Dram Shop Laws You Should Know
Dram shop laws were created to hold businesses accountable for selling alcohol to minors and intoxicated patrons. Bars, restaurants, clubs, liquor stores, and other establishments that sell alcohol can be held liable for any damage or injury caused by an inebriated patron. Dram shop laws are implemented on a state level. These laws hold establishments responsible to properly serve alcohol. Here are five important ones that everyone should know. Selling to a Minor If a minor, under the age of 21, is intoxicated and causes physical injury, property damage, or death, the business that sold the alcohol can be held liable for that accident under the dram shop law. It is imperative that businesses only sell alcohol to persons of the legal drinking age or litigation can come their way. Appearing Intoxicated Businesses may also find themselves liable if they sell alcohol to a customer that appears to be under the influence of drugs or alcohol. If the server is aware that the customer is already drunk, but serves them anyway, the business can be held accountable for any destruction caused from driving under the influence. An Interdicted Person Interdiction refers to the act of depriving a person the right to handle their affairs because of mental incapacity. An interdicted person is prohibited by law to be in possession of alcohol unless a health care professional writes a prescription for them. Businesses are not allowed to serve alcohol to an interdicted person under the dram shop law. Limited Social Host Liability In limited circumstances, the host of a party or an event can be held liable for serving alcohol to a minor who later causes harm. This only applies if the person being served the alcohol is under the age of 21. If a legal adult is served alcohol and causes damage while impaired, the host of the party cannot be found liable. Statute of Limitations Like most laws, dram shop regulations are controlled by a statute of limitations. In Utah, the statute of limitations on these laws is two years. If a suit is filed more than two years after the incident, the case will be dismissed. This timeframe is imperative to keep in mind when seeking a dram shop litigation. Don’t hesitate to pursue legal action if you find yourself a victim of a DUI (driving under the influence) case. Which States Have Dram Shop Laws? According to the National Conference of State Legislatures, thirty states have statutory provisions that allow licensed establishments to be held liable for selling or serving alcohol to individuals who cause injuries or death as a result of their intoxication. Flickinger Sutterfield & Boulton Can Help Dram shop laws allow the victims of DUI accidents to pursue compensation from every party responsible. If you or a loved one have been injured in an accident involving alcohol, Flickinger Sutterfield & Boulton can help you receive the justice and compensation you deserve. We have offices throughout Utah County and West Jordan, Utah. Please contact us to schedule your free case evaluation today.
What Unintentional Injuries Cause The Most Deaths?
We have all suffered from unintentional injuries in our lives. No matter how careful you are, back luck can strike at any moment. Unfortunately, these accidents can sometimes result in far worse than any injury. According to Johns Hopkins Medicine, these injuries continue to be the fifth leading cause of death overall, and the leading cause of death for those under 35 years of age. Continue reading to learn about the most common causes of wrongful death. Motor Vehicle Crashes According to the National Highway Traffic Safety Administration, approximately 36,000 people died in motor vehicle crashes in 2019. Noting this statistic, it is no surprise that the number one cause of wrongful death is automobile accidents. The five most common reasons car crashes occur are: Distracted driving Driving under the influence Speeding Aggressive driving Inclement weather Poisoning Poisoning is currently competing with motor vehicle crashes for the leading cause of wrongful death. This is primarily due to the prescription drug abuse epidemic. According to the World Health Organization, approximately 115,000 people died of opioid overdose in 2017. Poisoning from normal, everyday circumstances are very common as well. According to Poison Control statistics from 2018, one poison exposure was reported to U.S. poison control centers every 15 seconds. Also, 76.7 percent of poison exposures reported to U.S. poison centers in 2018 were unintentional. A large majority of poisoning reports happened from common household items such as: Carbon monoxide Lead poisoning Pesticides Cleaning products Batteries Falls Falls are the third most common cause of unintentional injuries. Falls mostly occur among older adults, ages 65+. According to the Centers for Disease Control and Prevention, a total of 29,668 U.S. residents aged 65+ years died as the result of a fall in 2016. If a patient survives a fall, they may still suffer from serious injuries such as broken bones and head injuries. The CDC also found that falling once doubles the chances of falling again. Suffocation Suffocation is the leading cause of unintentional injury-related death among infants under age 1. Most of these types of deaths occur due to soft bedding like pillows or blankets. Babies should always have a firm foundation to sleep on, unlike that of an adult mattress or couch. Another way babies can suffocate is by choking. Avoid feeding babies overly hard foods, and be sure to always cut foods up into small pieces. Make sure that an adult is present to supervise mealtime as well. Drowning Drowning is the leading cause of unintentional injury-related death among children ages 1 to 4. The majority of drownings occur in residential swimming pools and in open water sites. Children can drown in as little of one inch of water, so adult supervision is vital when bathing or playing in open water. Teaching children basic water survival skills is vital to minimizing their risk in the water. Flickinger Sutterfield & Boulton is Here For You When unintentional injuries lead to death, the grief can be crippling. At Flickinger Sutterfield & Boulton, we understand that nothing can erase the pain of losing someone you love; however, our compassionate attorneys have been fighting for Utah citizens since 1993 and want to help you receive the compensation you deserve. We have offices throughout Utah County and West Jordan, Utah. Contact us today.
What is Nursing Home Neglect?
Nursing home neglect is when patients do not receive adequate mental and physical care. Even though it may not be intentional, it is still dangerous. The health risks can be serious and should not be taken lightly. Continue reading to learn more. Causes of Nursing Home Neglect There are many reasons, both intentional and unintentional, as to why this type of neglect occurs. Either way, both are forms of elder abuse. In most cases, negligence is unintentional. Short staffing, inadequate training, and high turnover rates are common unintended causes of neglect. Employees of care centers generally want to provide proper care, but in some cases, it accidentally falls through the cracks. In rare cases, mistreatment can be intentional. Due to apathy or a more sinister reason, patients may receive substandard care. Either way, every case needs to be reported to the proper authorities. According to Nursing Home Abuse Justice, an estimated 5,000,000 people are affected by elder abuse every single year. Common Signs of Nursing Home Neglect To evaluate a nursing home’s quality of care, look for red flags that may indicate a problem. While one of these signs may not point to a pattern of neglect, seeing multiple may be cause for concern. Poor Personal Hygiene – Nursing homes help their patients with basic personal hygiene. Workers assist patients with a variety of hygienic tasks such as brushing their teeth, bathing, clipping their nails, and changing their clothes. A frequent lack of acceptable hygiene may point to neglect. Unsanitary Living Conditions – Clean and sanitary living conditions are a necessary aspect of proper care. Fresh bedding, clean bathrooms, and tidy rooms are essential aspects of adequate living conditions. If surroundings are frequently unsanitary, this may be a sign of elder abuse. Malnutrition – Nursing homes are required to provide proper nutrition to all of their patients. Mistreatment in this area can result in patient malnutrition and dehydration. When visiting a loved one, make sure that healthy foods are being served and that they are well hydrated. If not, consider this a red flag. Unexplained Injuries- Fractures, lacerations, bumps, and bruises point to potential physical abuse. If you notice any unexplained injuries on your loved one, this may be a sign of physical abuse such as hitting, kicking, and pushing. Consequences of Elder Abuse Failing to provide adequate care to patients can result in many penalties for the care center. If a single employee is neglecting patients, they can be punished or even terminated. If the neglect becomes habitual, the care center can receive civil or even criminal charges. Individuals and care centers can also receive financial penalties and may even be denied the ability to work with the elderly in the future. If Your Loved One Has Suffered Abuse, Flickinger Sutterfield & Boulton Can Help If you suspect that your loved one is a victim of nursing home neglect, Flickinger Sutterfield & Boulton is here to help you fight for the care they deserve. We strive to ensure that negligent nursing homes are held accountable for any degree of abuse or neglect. We have offices throughout Utah County and West Jordan, Utah. Schedule your free case evaluation today.
How Can I Help a Loved One Heal From Sexual Abuse?
Sexual abuse is horrific and, unfortunately, all too common in our country. No one deserves this type of abuse. According to RAINN (Rape, Abuse & Incest National Network), an American is sexually assaulted every 73 seconds, and every 9 minutes, that victim is a child. These are shocking and quite scary statistics. The odds are high that you or someone close to you has been abused. A time may come when a friend or family member trusts you and shares their experience. When this happens, here are some ideas for you to help your loved one heal from their abuse. Actively Listen A person shows immense strength and courage when they make the decision to share their abuse experience. Doubts and fears flood the person, and they ask themselves questions like: “How will they react?”, “Will they think of me differently?”, and “Will they believe me?”. If someone trusts you enough to open up about their trauma, actively listen to them. Make sure there is nothing fighting for your attention and focus solely on them. Stay engaged the entire time and let them tell the story without interruption. Meet their vulnerability with empathy and kindness. Wendy Maltz, author and sex and relationship therapist, suggests this list of possible appropriate responses: “Thank you for sharing.” “You are not to blame for what happened to you.” “You didn’t deserve what happened to you.” “I’m sorry this happened to you.” “You are not what was done to you.” “That was abuse, not healthy sexuality.” “I support you in your healing process.” “I respect you for addressing this.” “I love you.” Do Not Doubt People respond to trauma differently, and they may retell the story in multiple ways. Some may try to lighten the mood by laughing, some may cry, and some may tell the story like it happened to someone else. No matter how the story is told, believe them. Acknowledge them and tell your loved one you believe them. If doubt is expressed, it could hinder their desire to seek the professional help they need. Keep Their Trust When a loved one opens up and shares their experience of sexual abuse, they have placed a lot of trust in you. It is vital that you keep their trust. That experience is not yours to share; it is theirs. Do not break their trust by telling their story to someone else unless they give you explicit instructions to do so. Breaking their trust can be just as detrimental as doubting their story. Your loved one may avoid seeking the help they need to get through this traumatic experience if they feel betrayed. Educate Yourself Do your research in understanding abuse and how it affects others. RAINN and the CDC offer fantastic resources on the subject. Read through these resources, understand them, and be prepared if someone chooses to open up to you. Understand the proper ways to respond and the subsequent steps to help your loved one heal from this terrible abuse. Flickinger Sutterfield & Boulton is Here for You At Flickinger Sutterfield & Boulton, we know how difficult it is to come forward and pursue a case against another individual after sexual abuse. Our legal team also understands the importance of having compassionate, personalized attention on your side during this difficult time. We can help hold those who hurt you accountable for their actions. We have offices in West Jordan and Utah County, Utah. Contact us today.
What is the “Seat Belt Defense” in Car Accident Cases?
The seat belt defense is used by a driver who causes an accident and wants to reduce their responsibility of covering the medical costs of the victim. If the injured party was not wearing a restraint at the time of the incident, they will only be able to receive partial compensation in the case of the seat belt defense. They can only claim the costs of what their injuries would have been if a seat belt was used. Seat Belt Defense Theory The seat belt defense is based on torts law. Torts are legal claims that arise from injuries caused by accident or negligence, rather than intentional criminal behavior. This defense only applies if the car accident was not caused intentionally. There are two torts that are generally associated with this: Comparative Negligence Some states employ the comparative negligence theory. Under this theory, the liabilities of both parties involved in an accident are examined. For example, if one driver cut someone off resulting in a crash, but the other driver was speeding, then both drivers might be held responsible. Not wearing a seat belt carries the risk of being found partially at fault for all injuries sustained Failure to Mitigate Damages When the injured party fails to take reasonable actions to limit the extent of their injuries, they may receive reduced compensation. Failure to mitigate damages usually refers to actions taken after an accident occurs; however, some states consider the driver’s choice to not wear a seat belt as failure to mitigate damages prior to the event. Jurisdictions and the Seat Belt Defense There are 15 states that allow the use of the seat belt defense– Alaska, Arizona, California, Colorado, Florida, Georgia, Iowa, Michigan, Missouri, New Jersey, New York, Ohio, Oregon, West Virginia, and Wisconsin. Hawaii, North Dakota, Indiana, Mississippi, and Nevada do not have fully developed seat belt defense laws. The remaining 30 states currently have no seat belt defense in place. Why You Should Wear a Seat Belt All 50 states have some degree of seat belt laws, but the CDC outlines several other reasons as to why you should always wear a proper restraint in a motor vehicle. Seat belts dramatically reduce the risk of death by 45 percent and cut the risk of serious injury by 50 percent. Seat belts prevent drivers and passengers from being ejected during a crash. 53 percent of drivers and passengers killed in car crashes in 2009 were not wearing restraints. Seat belts save thousands of lives each year. In 2009, restraints saved almost 13,000 lives. Get Help After an Accident with Flickinger Sutterfield & Boulton Even though Utah does not practice the seat belt defense, you should still contact a personal injury lawyer to assist you in the legal process after your accident. At Flickinger Sutterfield & Boulton, we are here to help you handle the aftermath and receive the compensation you deserve. We have offices throughout Utah County and West Jordan, Utah. Schedule your free case evaluation today.