Articles Posted in Personal Injury

According to the U.S. Consumer Product Safety Commission, there were 400 ATV-related fatalities in Florida between 1982 and 2007. During that time, the state ranked in the top ten when it came to traffic fatalities caused by these vehicles. Worse, the trend seems to be getting worse. Between 2008 and 2011, about 78 Florida residents died in ATV accidents – an increase in the yearly fatality average.

According to safety experts, there are several reasons why ATV accident deaths may be on the rise in Florida:

•ATVs are not considered motor vehicles and so are not subject to the National Highway Traffic Safety Administration regulations and other laws that motorists need to follow.
•ATVs are driven off-road, where conditions can be more dangerous in terms of accidents and where law enforcement does not check as often for safety violations.
•The population in the state of Florida has increased in recent years, and this has also meant more traffic and more people interested in ATVs overall.
•ATVs do not use seatbelts and other safety devices.
•Riders of ATVs are not subject to same screening, training, and licensing as drivers of other vehicles. This means that riders vary widely when it comes to skill and experience, and according to safety experts many riders ride past their safety level or experience level.

Although the risks of a car accident in Homestead or Florida are still more common, the rise of ATV accidents is a concern. Just as with motorcycle accidents in Homestead, more needs to be done to prevent ATV crashes. According to experts, there are several things that ATV enthusiasts can to ride more safely:

1) Develop skill and experience slowly. Ride on less rough and less challenging terrain initially, until you develop the skills and experience to take on more difficult challenges.

2) Always ride sober. Drunk driving accidents in Homestead</a7 kill – but so do inebriated ATV riders. Anything that affects your judgment and response times could lead to a fatal crash when ATVs are involved.

5) Do not allow children under the age of 16 unsupervised on ATVs. According to statistics, one quarter of all ATV fatalities in Florida between 1982 and 2007 involved children under the age of 16. Florida Statute Title 23 Chapter 316 requires children under the age of 16 to wear a helmet on ATVs but most experts recommend going further and only allowing children on the vehicles if they are supervised at all times.

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When most people think of personal injury in Homestead, they think of car accidents and injuries caused by other traffic accidents. While car accidents in Homestead are in fact one of the leading causes of injury, a new study suggests that gun accidents in the state are a major cause of injury as well. Across Florida about 40% of gun-related emergency room visits are due to accidents. According to the Orlando Sentinel and the Agency for Health Care Administration, accidental gun injuries are especially common in Orange County. Accidental gun injuries amount to $57 million in ER and hospital costs, with about half of those costs covered by Medicaid and Medicare.

In Florida, according to the Florida Center For Investigative Reporting (FCIR), homicides by gun violence have risen 38% since 2000, with about 75% of all homicides now committed with guns. During this same period, however, violent crime across the state has declined, as has the rate of homicide overall. In fact, the rate of homicide overall in Florida has dropped from 5.6 per every 100 000 people to 5.2 per 100 000 people since 2000. That is the second-lowest homicide rate since 1971.

There are safety checks intended to keep Florida residents safe. For example, when buyers purchase guns in stores they are required to undergo a background check first, and statistics show that by the end of December 2013, close to one million of these checks had been run.

Accidents can still happen and for people who have lost a child due to gun-related child injury in Homestead, especially, these types of accidents and injuries are galling. Unfortunately, many families believe that there is little that can be done in cases involving gun accidents and injuries – other than filing criminal charges. While pressing charges is one solution, however, there are other solutions.

One such solution is filing a personal injury claim. In some cases involving gun injury, a premises liability claim in Homestead is possible if a property owner did not take steps to safely secure a firearm or create a safe environment for visitors. If an injury results from gun violence, an inadequate security claim in Homestead may be possible if the property owner knew of the danger but did not take steps to warn visitors or create a safe environment. In some cases, a products liability claim is even possible if the firearm was defective and discharged incorrectly, causing injury.

If you or a loved one has been injured by a firearm, contact a personal injury attorney to discuss your options. The costs of medical care after a firearm injury may be substantial. You may need to lose time at work due to the injury and you or your loved one may need physical therapy, skin treatments, and a range of other medical treatments to treat the injury. Pursuing fair compensation can help you pay for these costs.

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Now that the holiday season is fast approaching, many Homestead residents are heading to local shopping malls and stores with shopping lists firmly in hand. For many, this season is a joyful one, but serious injuries due to toys and due to shopping issues can mar the holiday spirit. To stay safe, make sure that you:

1) Shop when stores are not overcrowded. Each year on the Friday after Thanksgiving, stores hold big sales and each year shoppers are seriously injured due to crowds and due to aggressive shoppers. While the lure of big savings is strong, keep in mind that many stores have big sales throughout the holiday season and in many cases the same sales are available online. Do not put yourself at risk for savings.

2) Stay alert for the increased risks of car and truck accidents at this time of year. Unfortunately, holiday traffic can cause mayhem and accidents. There are more trucks making deliveries to stores and more traffic due to holiday events and holiday shopping. This can mean an increased risk of car and truck accidents in Homestead – especially in parking lots. When driving, make sure that you stay focused and keep a lookout in busy parking lots.

3) Take good care of yourself. Holiday season often means distraction, stress, and lots to do. It also coincides with the flu season. You do not want to be driving or shopping when you are exhausted, sick, or distracted, as these issues can lead to a traffic collision in Homestead or your community. Make sure that you are ready for the rigors of driving or shopping when you run errands. Consider going shopping with friends or carpooling to sales, as well, as this can take some of the pressure away from you.

4) Buy safe toys and products for loved ones. One issue that plagues holiday shoppers are unsafe toys and products. Unfortunately, some of the toys sold in stores are unsafe and have the potential to cause child injury in Homestead. When shopping for toys, check for toy recalls as well as toy safety warnings. Check a toy yourself for small detachable parts or sharp edges. Also, make sure that the toy you are buying is appropriate for the age of the child. When buying any gift, in fact – even for adults – check recall warnings as well as safety warnings. Each year, thousands of products liability claims are launched in Homestead and across the country due to unsafe products and you don’t want to give a loved one a gift that could hurt them.

5) Shop at reputable stores and report unsafe store conditions. Are there spills in aisles of the store or debris and spilled merchandise in stores? These unsafe conditions can easily cause slip and fall or trip and fall accidents. Poorly lit entrances and parking lots can easily lead to muggings, robberies, assaults, and other crimes. Be sure to report these conditions and ask stores to maintain safe premises.

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Thanksgiving is a time of celebration and family, but unfortunately each year holiday celebrations lead to personal injury in Homestead and other communities. If you want to avoid injury this Thanksgiving, ensure that you:

1) Take steps to prevent fires. With all the cooking going on during the Thanksgiving holidays, fires are a real concern. Make sure that you have a working fire alarm in your home as well as a working fire extinguisher. Review your fire escape route, and make sure that stoves and ovens are supervised at all times while you’re cooking. Even if you will be cooking a turkey at a very low setting over many hours, ensure that you supervise closely to prevent a fire. If you are decorating with candles, make sure that you do not leave the candles unattended.

2) Work to prevent food related injuries. Food poisoning and other food related injuries are common during Thanksgiving. To prevent this, make sure that you keep all cooking and food preparation surfaces clean. Wash your hands and disinfect food preparation areas regularly. Make sure that you cook your turkey and other foods to the required temperatures and always follow instructions for careful cooking. Wrap up leftovers promptly and refrigerate them.

3) Plan ahead for family members who are young and visiting your home. If children will be visiting you this holiday, take steps to prevent child injury in your Homestead home. Check to make sure that any decorations you have are not dangerous to children. For example, if you have candles make sure that they are not placed on table cloths they can be easily pulled down by a child. Make sure that other Thanksgiving items do not contain small parts that can pose a choking hazard. Walk through your home as you plan your holiday events and make sure that your house is childproof.

4) Treat elderly loved ones with extra care. Elderly loved ones are vulnerable to slip and fall injuries in Homestead as well as many other injuries. If you have a senior visiting your home, make sure that rugs and other decorations do not pose a fall hazard. Consider installing grab bars in the bathroom, if needed, to make sure that an elderly loved one can visit safely.

5) Secure your property. Avoid accidents and premises liability claims by keeping walkways clear and well-lit. Make it easy for guests to arrive at your home and find their way to your door. If you have a pool, make sure that it is protected by a self-locking gate and fence.

6) Do your part to prevent drunk driving accidents in Homestead. If you will be serving alcohol at your Thanksgiving celebrations, offer guests a place to stay for the night or cab fare to get home. Another option is to designate a driver who can take everyone home at the end of the night.

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If you have been injured in a truck accident in Homestead or through any type of traffic accident, you may get a settlement offer from the car insurance company representing the at-fault driver. If you have underinsured or uninsured motorist coverage, you may get an offer from your own insurance company.

How can you know whether you should accept the offer?

There are many things you will want to consider:

•What are the total costs of damages and injuries in your case?
•Are there likely to be long-term or permanent injuries or costs in your situation?
•Are there limits and conditions the insurance company expects you to accept?
•How much is the offer?
•How long do you have to consider the offer?
•What is the fine print?

Often, you will be made an insurance offer right away – sometimes before you even have a full diagnosis for your injuries. It can be difficult to determine whether this offer is fair and whether it will cover all the costs of your injuries. It is important to be careful in this situation and to get legal advice from a personal injury attorney in Homestead before you make any decisions about your case.

Remember that once you accept insurance money, you may be signing away some or all of your rights to pursue more compensation in your case. Remember, too, that unexpected medical expenses the leading reason for personal bankruptcy in the United States. It can be difficult for a layperson with little injury law experience to analyze likely total costs and a fair compensation offer.

It is good to get a second opinion, especially if your injuries may be long-term or permanent. With inflation, the costs of your injuries may end up being much higher than you realize. Consider, for example, that a spinal cord injury patient in Homestead can expect to pay $100 000 or more in medical bills in the first year of treatment if the injury is severe. Pursuing fairer compensation is not only your right but it can also help protect your family in the long-term.

Accepting insurance money now and realizing after the fact that it will not cover all of your costs can lead to financial disaster. A personal injury attorney can help apprise you of the likely costs of your injuries and the strength of your case so that you can make an informed decision. If you decide to pursue a case, a personal injury attorney can take care of all the details for you.

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When people are seriously injured in a truck accident in Hollywood or in any accident, they may have the option of working with a personal injury attorney to file a legal claim. A personal injury attorney, in turn, will often work with a team of professionals in order to build the strongest case possible. This team of professionals can include:

1) Accident Reconstruction Experts. These professionals can use the information available at the traffic accident scene in conjunction with government computer programs, video simulations of the accident, and other resources to help an attorney build a case. An accident reconstruction expert can also testify in court. In many cases, these professionals are called in when it is not clear what led to an accident or in cases where two parties have very different accounts of what has happened.

2) Private Investigators. Private investigators are charged with finding out exactly what has led to an accident or injury. In many cases, an insurance company will arrive at an accident or injury scene quickly and may gather evidence or information about the accident. However, police and insurance companies may miss some important evidence or information in their research. A private investigator is hired specifically by an attorney to help find evidence that can help support a client’s case, ensuring that any evidence that a strong case is brought forward.

3) Medical Experts. In medical malpractice cases in Hollywood and other communities, medical experts are needed to help a court determine what a doctor would do in a similar situation. Medical experts may testify, for example, that a doctor with a specific specialty should have ordered a specific test or would have been expected to reach a specific diagnosis based on the information given. Medical experts can testify in court and can help attorneys build a strong case.

4) Expert Witnesses. Sometimes, personal injury cases in Hollywood can hinge on very technical details. For example, in a products liability case in Hollywood, a plaintiff and their attorney may need to prove that a product had a specific technical flaw that led to a fire or an injury. In these cases, engineers or other types of expert witnesses may be called to the stand in a trial in order to prove a specific technical matter.

When hiring a personal injury attorney, it is important work with a full-service law firm or a personal injury attorney who has access to many types of professionals and resources that can help build a strong case. Good attorneys work with teams of legal experts and professionals who can help them build a strong case and can help them secure strong evidence on your behalf. A successful law case is often a team effort, so you will want to ensure that your entire legal team is strong.

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A recent study published in the The Annals of Emergency Medicine examined data from each county across the United States as well as over 1.2 million injury fatalities occurring between 1999 and 2006. The researchers found that car accidents, gun violence, and poisoning were the most common causes of injury deaths, but car accidents were far more common than any other fatality cause. As a result, residents of rural areas are 20% more likely to die due to accidental injury when compared with their city peers.

While most people think that cities are most dangerous, the study found that the opposite may be true. According to the researchers, rural residents are more likely to be in fatal car accidents. Part of the problem is that residents in these areas are more reliant on cars and drive over longer distances – and at faster speeds. In fact, rural two-lane highways have the highest rates of fatal collisions of all types of roadways across the country.

In the city, car accidents are also a problem. However, city residents are more likely to take public transit. While taxi accidents, train accidents, and bus accidents can still be an issue, they are far less common than collisions involving passenger cars. People who live in cities, according to researchers, also tend to take shorter trips, which can also reduce their risk of a collision. As a result, the risk of traffic accident fatalities is twice as high in rural areas compared to the largest cities.

While many people see gun violence as a problem largely in cities, the study published in The Annals of Emergency Medicine found that gun-related fatalities are not necessarily just an urban problem. Suicide using guns is more likely in rural areas while homicide is more of an issue among younger urban residents. Suburbs, according to the study, are somewhere in the middle when it comes to all the risks.

This means that in suburban areas such as Homestead, residents need to be aware that car accidents, violence, and other concerns are still a risk. Even if you don’t live in Miami and feel that you are safer because of it, keep in mind that there are no guarantees. Each year, car accidents in Homestead and other suburban cities cost lives and cause severe injuries to drivers, pedestrians, and passengers. No matter where you are driving and no matter where you live, it is important to stay safe. The personal injury attorneys at the Homestead offices of Flaxman Law Group as well as our other offices have seen firsthand the devastation that these injuries can cause.

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Whether you have been in a motorcycle accident in Homestead or have sustained serious injuries some other way, most legal experts recommend that you speak with a personal injury attorney in your community in order to get legal advice so that you can safeguard your rights. However, many people have misconceptions about attorneys that prevent them from seeking help in time. The most common misconceptions that we at the Flaxman Law Group hear is:

Myth: “I can’t afford an attorney.”

The reality is that you may not be able to afford not getting an attorney. If you have been in a pedestrian accident in Homestead or have sustained an injury some other way, you will likely be faced with medical bills, lost income, property damage, and other expenses. Not getting an attorney can mean that you only get a fraction of what you deserve – and the rest comes out of your own pocket, whether you can afford it or not.

Attorneys understand that if you have been in an accident you may be worried about money. That’s why many personal injury attorneys offer free accident consultations. This allows you to get an opinion with no risk and no cost. Attorneys such as the legal professionals at the Flaxman Law Group are also willing to take cases on a contingency fee basis, which means that no legal fees will be charged until you win a settlement or recovery. If you do not win, you may not be responsible for these costs.

Myth: “I’m covered by insurance so I don’t need an attorney.”

In many cases, insurance companies try to resolve claims inexpensively and quickly. Often, you will not get all the costs of your medical bills and other expenses covered by an initial insurance offer. Insurance companies, after all, are in the business of making money, not paying out the maximum on every claim. An attorney can review your case and help you see how much your injuries may cost. He or she can also negotiate to get you a better insurance offer.

Myth: “I don’t want to sue, so I don’t need an attorney.”

Many people feel bad about taking legal action. It’s important to keep in mind, however, that pursuing a legal claim is your right. The laws that allow you to pursue a claim are there to protect you. You are entitled to compensation and you should never feel bad about that.

Keep in mind, too, that attorneys can do more than just file a legal claim. They can review your situation, negotiate with your insurance company, help you consider all your legal choices, resolve insurance disputes in Homestead or your community, help you find resources and help you through the claims process.

Myth: “There aren’t legal options in my case.”

It’s very difficult for a layperson to make this assessment without legal advice. In many situations, there are multiple options and there may even be multiple liable parties. Personal injury attorneys work with many cases similar to yours and may be able to see solutions that you are not aware of.

Myth: “I can always hire an attorney later.”

This is one instance were procrastination can really hurt you. When you wait too long after an injury, important evidence in your case may go missing. If you accept insurance money or any offer, you may sign away your rights to pursue a claim. The sooner you contact an attorney, the more quickly an attorney can pursue all options and build a strong case for you.

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If you have been in a truck accident in Hollywood or another serious accident and have made the decision to pursue a legal claim, you are probably eager to get compensation and have the legal issue handled. Unfortunately, a legal claim can take months or years to work its way through the legal system.

It can be difficult to wait, but there are several ways you can make the process a little easier:

1) Do what you can to build a strong case. As soon as you are in a motorcycle crash in Hollywood or another situation where there may be a legal claim, start thinking like a lawyer. Keep copies of everything related to the situation – such as police records, medical records, and text results. Get contact information of any witnesses and take photos of the accident scene, if you can, as well as photos of the surrounding area, your injuries, and anything else that is relevant. Don’t worry if you don’t have this information, but if you do it can be useful for your case.

2) Work with the right attorney. An attorney experienced in personal injury cases in Hollywood that are similar to yours will know the specific laws and rules that govern legal claims similar to yours. A good lawyer will make you feel comfortable and will be committed to pursuing justice on your terms.

3) Keep communication open with your attorney. The legal process can take a long time, so calling your lawyer constantly will likely not help you find out more information. If you have questions, contact your attorney. When you do have an appointment, be sure to ask when updates about the case will be available and what the process is at the law firm for getting updates.

4) Be wary about anything that could affect your case. Keep in mind that seemingly innocuous things could affect your case. For example, if you are pursuing a bicycle accident claim in Hollywood and have sustained a soft tissue injury, be wary of posting pictures on your social media that show you on vacation having a great time. Even if you are only having fun because you happen to have one day where you feel better, it can easily be misinterpreted.

5) Focus on healing and your life. Rather than thinking about your trial and legal battle all the time, set personal goals and focus on healing. If you have sustained a head injury in Hollywood or another serious injury, you will need much of your energy for healing. If you are working with a good personal injury lawyer, he or she will be able to handle all the details of your case so that you can focus on your life.

6) Find ways to reduce the financial burden. Being seriously injured in a traffic collision in Hollywood or being seriously injured in any way can be expensive. You may have medical bills to pay as well as your daily expenses and you may not be able to return to work yet. You may need to reduce spending and focus on keeping your bills current (rather than paying them off entirely) for now. If you are struggling financially, you will want to speak to your attorney about it to review your options.

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Sustaining a serious injury in a car accident in Homestead – or through any incident – results not only in physical pain and suffering but also in a big emotional and personal toll. While it’s easy to notice the physical impact of a soft tissue injury or spinal cord injury in Homestead, though, it can be harder to notice the emotional impact, and that can make it harder to deal with the personal effects of a serious injury or accident.

Whether you have been in a bicycle accident in Homestead or have sustained a serious injury through some other way, keep in mind that healing requires not only care of your physical body. You will also want to take care of yourself emotionally. You can do this by:

1) Speaking to someone about the accident, injury, and its effects. Speaking with a therapist, counselor, or other professional can help you. If you are having trouble finding a professional, you can ask your doctor for a referral. Since the costs of this type of help can be high, speak with a personal injury attorney in Homestead or your community to get legal advice about all the options you may have for pursuing compensation.

2) Finding a support system. Turning to your friends, family, and social circle is important at a time like this. If you don’t have much support in your life, ask your doctor about support groups and other organizations that may be able to provide this type of help.

3) Taking good care of yourself. Many patients who have sustained a serious injury such as an amputation or fracture want to get right back to their everyday life and end up pushing themselves too hard. Trying to return to the daily grind too soon can mean re-injury and too much stress. Take the time to eat well, get follow-up medical care, and get plenty of rest. If you are concerned about lost income, consult with a personal injury lawyer to discuss compensation options that could help ease the burden.

4) Engaging in hobbies that build your confidence and reduce stress. Whether it’s painting, reading, or something else, quiet hobbies can relax your mind and can make you feel good about yourself.

5) Finding productive ways to deal with anger and other negative emotions. After a serious injury, it’s common to feel frustration, grief, anger, depression, sadness, and a host of other emotions. It’s important to find a productive way to deal with these emotions, whether that’s some form of doctor approved exercise or just talking with a friend.

6) Keeping track of your emotional healing. If you have a fractured arm, you can probably see it getting better and feeling less painful with time. How can you know whether you are regaining a positive outlook and more confidence as you heal? One good option is to keep a journal expressing your feelings. You can also work with a support group or counselor if you are struggling with your emotions.

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