Articles Posted in Personal Injury

Personal injuries in Homestead and other communities are a special concern in the summer. Not only are children around more often in the summer – meaning that they are more at risk for injury in the home – but barbecues, fireworks, and other summer activities bring their own risks, as well.

Unfortunately, sometimes attitudes create a risk. There are several assumptions that homeowners can make, for example, that could put families at risk:

1) “We have smoke alarms – somewhere – so we’re safe from fires.” It is not enough to have fire alarms in your home. They also need to be checked regularly and you need a fire plan as well as fire extinguishers in your home to keep your family safe. Thanks to thunderstorms, barbecues, and fireworks, summer can create a higher risk of fires, so this is a good time to make sure your home is safe. Start by walking through your home and checking smoke alarms. Make sure you have enough alarms and if the batteries have not been changed in a while, check them. During your walk-through, keep an eye out for fire hazards – such as frayed cords – and fix them. Be sure to have fire extinguishers in the kitchen and outside by the grill. Review your fire escape plan with your family so that everybody knows how to get out safely in the event of a fire.

2) “Barbecues are a casual way to have fun.” Barbecues can be fun but they also pose a big risk. If you have a grill, make sure that it is well away from your home and from any flammable surfaces. Only use your barbecue outdoors and always keep the cooking area supervised.

3) “Our guests are responsible and can get themselves home safely.” If you are hosting a party, make sure that you take away the keys of any guest who has been drinking or make sure that everyone has a safe ride home. Preventing drunk driving accidents in Homestead and Florida is everyone’s responsibility.

4) “My pool area was safe last year, so it’s fine.” Pool injuries and drowning injuries in Homestead and Florida are all too common and even if you have created a safe pool area, it may not stay safe. Gates can be compromised by weather, as can alarm systems. Be sure to check the integrity of the fence and gate around your pool. A self-locking gate with an alarm is best as it can let you know quickly if someone enters the pool area.

5) “I don’t need a lifejacket because I know how to swim.” Fatalities in boating accidents in Homestead and other communities most often occur due to drowning. Knowing how to swim does not always help, either. If you fall out of a boat and hit your head, you may be unconscious and unable to swim to shore. In these instances, a life jacket can keep you afloat (and visible) until help arrives.

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A new study has examined the prevalence of acute kidney injury (AKI) and has found that it is more prevalent and more deadly than previously thought. According to a new study, reported in The Independent and Nephrology Dialysis Transplantation, about 1000 people a month, on average, die due to this preventable injury. In many cases, acute kidney injury is caused by problems in hospital care or caused by medical malpractice in Homestead and other cities.

Acute kidney injury results in fast decline of kidney function. Left untreated, it can lead to organ failure and fatality. The condition can develop as a result of damage to the kidney tissue or decreased blood flow to the kidneys. It can result due to inflammation, ingestion of a toxic substance, crush injury, urinary tract obstruction, or other causes. In a hospital or long-term care facility, it can occur due to medical error or medical neglect in Homestead or other cities. For example, a patient may be showing signs of infection but may not be treated in time or may be given the wrong medication, leading to the condition. Pharmacy negligence in Homestead and other cities can also lead to acute kidney injury as well as other complications.

It is important to detect and treat AKI injury quickly to prevent kidney failure and fatalities. Caught early, AKI can be managed with fluids, renal replacement therapy, diuretics, and medication. The aim is to help patients recover kidney function. In some cases, however, the AKI cannot be treated entirely and patients have their kidney function permanently damaged. In these cases, kidney transplant or dialysis treatment may be needed. Patients who need dialysis due to AKI may need it for the rest of their lives and patients who have experienced permanent damage as a result of kidney injury may have a shorter life expectancy as well.

Since kidney injury is so serious, it is not surprising that it is also extremely expensive for patients. In 2011, these injuries resulted in 498,000 hospitalizations and $4.7 billion in medical costs, up from 98,000 hospitalizations in 1997. For patients who have suffered this type of personal injury in Homestead or another Florida community, the costs can be considerable and medical insurance may cover only some of the hospital and medical bills. For someone who has sustained permanent kidney injury, lifelong higher medical costs are often a real concern. If the kidney injury was caused by misdiagnosis, medical malpractice, or medical neglect, however, it is possible for the patient to pursue a legal claim in order to seek compensation for these costs.

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Injured patients suffering from chronic pain, seizure disorders, head injuries, and spinal cord injuries in Homestead – to name just a few serious injuries – sometimes turn to alternative or untraditional therapies to assist with rehabilitation, pain management, and the many other tasks involved in the healing process.

In some cases, patients turn to these options because traditional therapies may not be giving them the same support and results. In other cases, they turn to these therapies because they have been permanently injured and nontraditional therapies offer the best options for recovering more of their daily activities and a fuller life. For example, brain injury patients in Homestead and other Florida cities may turn to art therapy to help them deal with the emotional recovery and motor skill recovery they need.

One therapy option that has been seeing renewed interest is volunteer therapy dog service. Trained dogs and their handlers work with hospitals, long-term care facilities, nursing homes, rehabilitation centers, and other facilities to offer physical contact and emotional uplift for patients. According to some studies, trained therapy dogs can improve mood, socialization, and alertness while reducing confusion, anxiety, and aggression. A number of studies have also noted that dogs can lower stress, which can improve medical outcomes.

In addition to therapy dogs, there are other options available. For patients suffering from chronic pain or spinal cord injury, for example, massage therapy can relax muscles and provide some help with pain. For some patients, massage therapy also is important because it involves physical contact and stress reduction, which is important in the healing process.

Neurofeedback is another popular alternative therapy, one that uses brain waves (EEG) to help patients re-train their minds. Proponents of neurofeedback say that it helps promote beneficial brain activity and helps patients deal with mood swings, anxiety, stress, and pain. Patients who use this therapy usually need a few sessions per week. Sessions involve attaching sensors to the patient’s head and giving the patient a set of controls to what appears to be a video game. As the patient plays the game, the therapist checks the brainwave activity with the EEG sensors and the patient is encouraged to keep positive brainwave activity through the game.

One challenge with these and other nontraditional therapies is that it can be a challenge for patients to get funding and benefits for these therapies. Although there have been research studies showing that these therapies are effective and although many patients report excellent results, car insurance carriers and medical insurance companies generally only provide benefits for certain types of therapies and treatments – and in many cases, nontraditional therapies are not included, even if they could really help a patient. If someone has been injured in a car accident in Homestead, for example, and traditional medicine is not helpful, it can be a challenge to get the benefits and coverage to try less traditional approaches. In these cases, pursuing fair compensation through an injury claim can help the patient get the money needed to try different forms of therapy.

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Delivery drivers in Miami face many risks. For example, they run the risk of being in a car accident in Miami and surrounding areas as they try to make deadlines and deliver products or cargo. In addition, drivers may face the risk of assault or crimes, especially if their job requires them to make change for customers. Food delivery drivers, such as pizza delivery drivers, for example, may be at risk of mugging and other dangers as a result of their job. In many cases, these jobs do not have benefits so that if a driver is injured they may have a hard time getting compensation for their injuries.

In addition to the personal injury Miami delivery drivers face, they may be putting customers at risk as well, as a recent court case showed. In the case of Miller v. Papa John’s, a Florida Appellate court heard that plaintiff Robert Miller was injured when a Papa John’s Pizza delivery driver arrived at his home to deliver pizza. The driver was attacked by assailants and fled into Miller’s home to escape. The assailants followed the driver, firing guns in the home and harming the plaintiff. The plaintiff alleged that the driver brought danger into his home and argued that Papa John’s Pizza should be held liable because they knew of the dangers their delivery drivers faced and should have trained the drivers to respond appropriately. The courts, however, decided that the business was not liable for the injuries. Florida’s laws prevent someone from being held liable for injuries sustained by a third party.

The ruling was a relief to delivery drivers and truck drivers. If the courts had sided with Miller it may have created a precedent which required delivery drivers to face dangers in order to protect a customer rather than trying to avoid them. If the precedent had been set, some argued, it may have created real problems for small businesses who needed to deliver to higher-crime areas. If the verdict had been against the pizza business, other businesses may also have faced expensive legal claims if a customer was injured while a driver was trying to make a delivery.

Truck drivers and delivery drivers may be a little more protected in these situations. If a truck driver is injured on the job while making a delivery, he or she may claim workers compensation benefits in Miami or their community. If the injuries were caused by negligence, the driver may also have a legal claim. In the event of a truck accident, Miami drivers may also be able to seek compensation if negligence caused their injuries.

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A new report by the University of Wisconsin Population Health Institute and the Robert Wood Johnson Foundation has weighed in on the country’s health by county and has concluded that some surprising things that could affect health. According to researchers, more than 29 factors can affect health. These include some of the obvious factors such as smoking, exercise, and eating. However, researchers also concluded that an overcrowded home, a poor kitchen, bad plumbing, education, employment, and other factors may also play a larger role in health than many think. For example a long commute can negatively affect your health – not to mention increase your chances of a car crash in Hollywood or your community.

St. Johns was ranked the healthiest county in the state, as the area had less poverty, crime, obesity, and other health concerns when compared with many other regions of the state. Miami-Dade county made it into the top five when it came to health in the state. Hollywood’s Broward County ranked fourteenth in the state in terms of health. For much of the state, health factors remained static when compared with previous years. The rate of obesity among Florida adults, for example, has stayed close to 26 percent for the past three years.

The report concluded that rural areas struggled more when it came to health, with researchers concluding that the issue was resources. People in rural areas may have fewer resources to stay health, according to the report. The least healthy Florida county was found to be Union County, although Washington County, Putnam County, Baker County, and Hamilton County also ranked low on the list.

The report also considered fatalities caused by personal injury deaths and violent crimes when compiling the rankings. Personal injury in Hollywood and other communities as well as physical assault in Hollywood and other serious crimes obviously affect health and well-being.

Overall, the report found that about 76 percent of workers across the country commute by themselves. This is in part due to access limits when it comes to public transit. This can contribute to pollution and obesity. It can also place workers at increased risk of accidents, since public transit collisions in Hollywood and all cities are much lower than the rates of car crashes.

Another thing that contributes to traffic accidents in Hollywood and other communities across the country has to do with the length of commutes. The report found that about 30 percent of all workers across the country drive over 30 minutes each day on their commute, with commuters in the Eastern part of the U.S. driving longer hours when compared with their Western counterparts. This long commute time increases stress, the risk of road rage, and the risk of collisions.

Unintentional personal injury in Hollywood and other communities also leads to fatalities and injuries, which can affect a county’s health rankings. The report found that across the country about 59 Americans per 100 000 suffer fatal unintentional injuries and injuries caused by violence. In the healthiest counties, this number drops to about 49 percent. In the worst 10 percent of the counties across the United States, the figure can be as high as 105 per 100 000. In Broward County, the figure for injury deaths is about 62 per 100 000.

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Recent investigative reports by the Tampa Bay Times and I-Team found that trauma patients found that some state hospitals charge very high fees to trauma patients. Attorneys and Rep. Greg Steube of the State House agree that more needs to be done to protect victims of freeway accidents in Miami and other cities as well as other trauma patients who may face bankruptcy and serious financial losses after an accident. Steube has already stated that he is willing to act to address the fees, which is likely good news for truck accident victims in Miami and other patients across the state.

According to the investigative reports, the average fee for trauma patients at six Florida trauma centers is $27,000. Some of the fees reported have been $29,000 or even $33,000 per patient. The fees at these six hospitals are about four and a half times higher than the fees at other area hospitals. The money is expected to pay for advanced training, medical equipment, on-call medical staff, and other costs. However, there is a concern that some patients have fees that are much higher. There is also some concern that the fees have increased very quickly over the past few years, causing considerable problems for patients who struggle to pay the costs.

There is also a concern that the fees are not for imaging or testing. The fees are known as a “trauma response fee” and trauma centers and hospitals are permitted to charge these fees to patients. However, trauma centers charge varying fess, with some charging tens of thousands of dollars in addition to any treatment provided. Investigative reporters uncovered that these fees are charged even in cases where a trauma center does not have a specific specialist and sends the patient onto another center, which means that some facilities charge about $1000 per minute for what amounts to basic first aid.

According to Steube, part of the concern is also that patients in a trauma situation – after a serious motorcycle accident in Miami or another community, for example – are transported to the nearest hospital or trauma facility. They may not be given the option of choosing a more affordable treatment hospital and indeed may be unconscious when transported and unable to make such a decision anyway. Steube thinks that legislation or the board of health will take a look at the fees in the next few weeks in order to address patient concerns.

The investigations highlight what personal injury attorneys in Miami have known for some time: unexpected medical expenses, especially those caused by a car collision or other serious type of accident, can be especially devastating financially, especially with rising medical costs.

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Doctors and health experts are always advocating the importance of exercise and as a result many people are investing in exercise equipment at home or joining gyms in order to get healthier and lose weight. The goal of exercise is to make you feel better, but as many personal injury attorneys in Hollywood and other communities know, home gyms and community gyms are not without their risks. Each year, people are seriously injured and even killed when trying to whip their bodies in shape.

To avoid a serious injury that will set you back in your get-fit program, be sure to follow these tips:

1) Talk to a doctor first. Before you start any exercise program, whether it’s using a home exercise machine or a gym, get a checkup. Discuss with your doctor what appropriate fitness goals would look like for you and review what exercise options are best for you. If you are out of shape, your doctor may recommend starting slowly or even keeping tabs on your heart rate when you work out to ensure you don’t overdo things.

2) Try a low-impact exercise first. These days, boot camps, marathons, and other forms of exercise that promise fast results are very popular. High-impact exercise also increases your risk of injury, especially if you haven’t worked out in a while. Start with walking, swimming, or gentle jogging before you start putting in heavy hours at a gym.

3) Research home gyms or neighborhood gyms before investing. Check safety ratings carefully and choose machines or gyms that seem to have a low risk of injury. Keep in mind that each year products liability claims in Hollywood and other cities are launched due to unsafe sports and workout equipment. Don’t just assume that a machine is safe because it is in a catalog or at your gym – check to see whether others have been injured.

4) Take the potential for injury seriously. Sports injury in Hollywood and other communities can don’t just happen on the field or in the area. You are also at risk in your home or at the gym. Take your safety and health seriously.

5) Get some help from a professional or personal trainer, especially at first. While it is an investment, a qualified trainer can show you how to use home gym or local gym equipment effectively and safely. They can also help you create a work-out regimen that is appropriate for your fitness level.

6) Wear proper exercise gear. Any loose or baggy clothes can get caught in machines and can pose a tripping hazard. In addition, incorrect shoes can hurt your feet or even your back so invest in proper footwear.

7) When using any exercise equipment, follow the rules. Do not use machines as they were not intended. When setting up your home gym, especially, carefully check manuals so that you understand how equipment is meant to be set up or used.

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If you have been injured in a motorcycle accident in Hollywood or another community or have suffered an injury some other way, you may know that you need to speak with a personal injury attorney to understand your rights. Many people who should seek legal advice, though, hesitate to speak to an attorney because they do not know what to expect. If you need to speak with a personal injury attorney in Hollywood or your community because you are filing a claim, the process will take a few steps:

1) Initial contact. You will likely call or otherwise contact the attorney. You will be asked some basic information about the accident that caused your injuries and some specific information about your situation. This is so that the attorney can offer legal advice. You can then speak to the attorney about your case, find out more about your options, and get answers to any questions you may have.

2) Hiring the attorney. If you decide to hire an attorney and file a claim, you will start working with the attorney and at this stage they can tell you what you will need to do next. If your attorney is working on a contingency fee basis, you will not even need to worry about legal costs. Once the attorney has recovered compensation or a settlement for you, the attorney will be paid from that money. At this stage, you will be assigned an attorney or primary contact and this will be the person at the law firm you can contact at any time if you have concerns, questions, or new information.

3) The claims process. Attorneys at full service law firms such as Flaxman Law Group can take care of all the details of the case. They will investigate the accident or incident that has led to your injuries. For example, if you have been in a bicycle accident in Hollywood or another city, the attorneys may work with private investigators, medical experts, and others to get more details and information. The attorneys will also draw up demands for the insurance company with medical bills and other evidence of damages. They will also file a claim or negotiate with the insurance carrier so that you can secure compensation.

4) Visiting a doctor and other professionals. If you have not been to a medical professional, your attorney will generally want you to see a doctor to start treatment and to document your injuries. If you need a car rental or other resources, your law firm may also be able to help with this.

5) Follow up. From time to time, you will get updates from the attorneys about the recovery process.

6) The settlement of the case. Once you have been awarded a court win or a settlement, you will need to receive the money. In some cases, your attorney may finalize subrogation, which will involve securing the compensation and even negotiating the costs related to your injuries.

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Most people take cruises in order to reward themselves and in order to enjoy a great vacation. For most travelers, this is exactly what happens. Unfortunately, when something goes wrong it can be challenging for passengers to get answers and justice. According to safety experts, cruise ship injuries and even crimes on board cruise ships can hamper vacations and can lead to fatalities or life-long injury.

Personal injury attorneys in Miami and across Florida understand that currently there are laws protecting cruise ship passengers. Unfortunately, when something goes wrong on board, passengers may face a number of obstacles. They may not be able to call authorities for help because cruise ship lines are in charge of handling things. This can make it hard to get answers right away, since cruise ship lines and crew are usually acting to protect the cruise line as well as the passengers.

Many attorneys strongly support legislation that would require cruise lines to report crimes and instances of people falling overboard. Congress has pressured the larger cruise lines to report crime statistics online. According to these statistics, in 2013 the four largest cruise lines reported 78 crimes, including 29 rapes, 14 thefts, and 19 sexual assaults. According to attorneys and safety advocates, however, currently no one is checking those numbers since they are self-reported. There is some concern that actual numbers may be higher. The problem is even more significant when public records show that over a one year period since 2013, police were called to five ports in Florida more than 300 times.

Some safety advocates would like to see better record-keeping of crimes on ships, more transparency on the part of cruise lines, and more video surveillance to keep guests safe. So far, it is unclear whether any firm action will be taken, despite concerns expressed.

In addition to crimes on ships, there is also a concern about injuries. While cruise lines provide first-aid training for crew as well as plans for guests who become injures or sick, injuries do still occur on ships. Slip and fall accidents on Miami ships and other common cruise ship injuries in Miami and across the country’s coasts cause severe pain and suffering and in some cases lead to fatalities.

The Cruise Line International Association notes that traveling by cruise ship is still a safe option and notes that the industry does all it can to keep passengers safe. Safety experts agree that cruise ships can be a safe option but warn passengers to carefully research their cruise lines before booking their vacation and advise passengers to check carefully to make sure they understand safety procedures for the ship. If a crime or injury does occur on board, they recommend following up with a personal injury attorney at home in order to find out what options may exist for reporting the incident and seeking fair compensation for the injuries.

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Recreational activities such as boating, swimming, and parasailing are very popular in Florida. The mild weather allows for fun outdoor pursuits year-round and many recreational activities also appeal to tourists. Unfortunately, the number of recreational options does mean that accidents can and do take place. Each year, for example, Florida sees a number of boating accidents in Miami and across the state. In addition, amusement park injuries in Miami as well as cruise ship injuries do occur each year.

In recent years, a number of parasailing injuries have also drawn national attention. Parasailing involves attaching people to a motor boat with a tow rope. A parachute is worn, so that when the boat reaches speed, the person is lifted into the air.

The parasailing industry in the state has not been regulated and some injured plaintiffs have argued that this has contributed to injuries. Some parasailing enthusiasts have suffered fractures, brain injuries, and spinal cord injuries in Miami and other communities.

Recently, a bill sponsored by Sen. Maria Sachs was approved by a Senate community to provide some rules for the industry. The new rules would require parasailing companies to have at least $1 million insurance, as well as licenses (to be issued by the U.S. Coast Guard) and specific equipment. The new rules would also require the companies to suspend operations in certain dangerous weather conditions. For example, if there are wind gusts of over 20 mph or lightning storms, operators will not be able to head out.

The new legislation acknowledges that a lot can go wrong when parasailing companies are negligent. People can slam into solid objects or even buildings. They can become tangled in the parachute or in power lines. In some cases, the tow lines can snap, sending victims careening at high speeds over a considerable distance. The parasail harness can also break, which can cause falls. Two previous attempts were made to pass laws to regulate the parasailing industry, but those failed to pass. Sen. Maria Sachs is hopeful that the new measure will eventually be signed into law.

Many parasailing companies are conscientious about safety and take all due safety precautions, but supporters of the current bill say that legislation is needed to make sure that all companies in the industry take steps to keep customers safe. Not everyone in the parasailing industry supports the new bills. However, many agencies and groups do support the proposed laws, including: the Parasail Safety Council, Water Sports Industry Association, and the Florida Fish and Wildlife Conservation Commission. Many personal injury attorneys in Miami and across Florida also support the measure.

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