Articles Posted in Personal Injury

When you are in a Miami Lakes car accident or sustain an injury through any incident, your first instinct is likely to seek medical attention and then to call an insurance company. However, there are times when you will want to contact a Miami Lakes personal injury attorney:

1) If you have sustained any injuries that require medical care. If you have sustained a broken bone, a spinal cord injury, a facial injury, a head injury, or any injury that will require repeated trips to the doctor, you may want to consult with an attorney. These injuries usually mean lost income, property damage, and medical bills, so seeking the advice of a personal injury attorney can help ensure that you have the information you need to protect yourself financially.

2) If you are offered a claim amount and contract by your insurance company but are not sure if the claim amount will cover all the damages. Insurance companies themselves admit that they try to settle claims as economically and as quickly as they can. This can mean that you end up signing away your rights for money that does not cover all your damages, meaning that you will need to pay some or even most of the costs of your accident out of your own pocket. A qualified Miami Lakes personal injury attorney can evaluate your case and can help you understand the possible total costs of your injuries. An attorney can also negotiate with your insurance company for a better recovery.

3) It is not clear who is at fault in the accident. Personal injury attorneys can investigate an accident and can help you get the answers you need. As well, if there is any doubt about fault in an accident, this can affect your insurance claim. Getting a personal injury attorney to help you ensures that you will not be blamed for an accident that was not your fault and ensures that you have a chance at the fairest recovery possible.

4) You have been seriously injured, but not in a car accident. If you have sustained any internal injuries, broken bones, or other serious injuries in a Miami Lakes car accident, there are a variety of car insurance processes in place. However, if you have been injured in a Miami Lakes slip and fall accident or another accident that does not involve a traffic accident, recovery for your injuries may be more complicated. Consulting with a personal injury attorney can help you understand the process and your options.

5) You are injured in a Miami Lakes truck accident or any accident involving a commercial vehicle or commercial property. Businesses usually have extensive insurance with powerful insurance carriers. They are also usually represented by teams of attorneys. Another thing that complicates these kinds of cases is that in many cases there are multiple liable parties. For example, in a Miami Lakes truck accident involving a commercial truck, the driver and the truck carrier may be liable. The company taking care of truck maintenance and loading can also be held partly liable. An experienced personal injury attorney can help you negotiate the complexities of these types of cases.

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If you have been injured in a Hallandale Beach car accident, at a business, or in someone`s home, you should consult with a Hallandale Beach personal injury attorney before you make any final decisions about your case. You may have insurance that covers your expenses in the accident, but in many cases insurance will not cover all the long-term and secondary costs of your accident. For example, if you have been in a Hallandale Beach traffic accident, your insurance carrier may cover damage to your car and some of your medical costs. However, long-term medical costs and lost income may not be covered. The gap between what your insurance provider is willing to pay you and the total, actual costs of your injuries may amount to many thousands of dollars – or more. That is why it is important to contact an attorney. After an accident, a Hallandale Beach personal injury attorney can do many things:

1) A personal injury attorney can help you understand your rights. Unless you have years of legal experience or a law degree, you may not be familiar with all the Florida laws that govern your particular situation. You may not know about the statutes of limitations that limit your ability to pursue legal action after a certain amount of time, and you may not realize that you may be signing away part of your right to pursue legal action when you sign some insurance papers. An experienced attorney can help you understand all the laws which pertain to your case, so that you can make an informed decision.

2) A personal injury attorney can help you understand your options. Many people assume that they can either sue or accept an insurance offer. However, there may be other options. There may be multiple liable parties in your case, and negotiating with your insurance provider can help you get a fairer claim amount. A qualified Hallandale Beach personal injury attorney can help you understand all your options so that you can make the right decision for you.

3) A qualified attorney can help investigate the accident. A good Hallandale Beach personal injury lawyer can get answers about an accident or injury so that you can enjoy some closure and peace of mind. Most attorneys work with private investigators, and these professionals can help you understand the causes for your injury and accident. Investigations may also reveal additional liable parties in your case.

4) A good attorney can give you advice. Attorneys can offer not only legal advice, but can also help you find a specialist, medical professional, car mechanic, and other professionals who may be able to help you as you try to recover from your injuries.

5) A qualified Hallandale Beach personal injury attorney can represent you in court or in negotiations. If you retain a Hallandale Beach personal injury attorney, he or she can negotiate on your behalf with your insurance carrier or can represent you if you decide to pursue legal action against the liable parties in your case.

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A week ago, the cruise ship Costa Concordia hit a reef and capsized near a Tuscan island in Italy. Investigations into the accident are ongoing, as are searches for possible survivors. Eleven deaths have been confirmed and more are expected. The serious accident has shone a spotlight on cruise ship safety, something which is sure to affect Miami, which is currently one of the biggest ports of call and one of the most popular cruise ship departure points in the US.

A congressional committee, the House Transportation Committee’s Coast Guard subcommittee, will consider cruise ship crew training regulations, cruise ship standards, and other issues in order to potentially prevent similar accidents from occurring in the future. Early review of the cruise ship incident by the committee suggests that the tragedy in Italy was preventable, according to a spokesperson for the committee.

Miami personal injuries aboard cruise lines are not too common, but each year serious accidents and deaths do occur on cruise lines. Each year, Miami slip and fall injuries, assaults, brain injuries, fatalities, and other serious incidents do occur on cruise ships. To address these issues, a law was passed in the US in 2010 to increase security and reporting requirements on cruise passenger ships. Ships currently undergo inspections twice a year and according to the US Coast Guard operate safely.

One issue which may be considered is whether larger cruise ships pose a greater danger to passengers. Some experts argue that the increasing size of ships puts them at greater risk of accidents and therefore puts passengers at greater risk of Miami brain injuries, fatalities, and other types of injuries. However, other experts, including experts from the Maritime and Coastguard Agency, claim that safety standards and technologies have improved as cruise ships have increased in size, keeping the passenger ships safe. Concordia, for example, has carried more than 120 million passengers and crew on its ships in the past ten years and during that time has only reported 50 cruise-ship related deaths. Certainly, cruise ship accidents are less common than Miami car accidents, but they are nevertheless preventable accidents that cause devastation to many lives, as the stories out of Italy this past week have shown.

The incident in Italy has also prompted some concern among those who enjoy cruise ship vacations and among the cruise ship industry. According to experts, there are several things that cruise ship passengers can do to improve their own safety on cruise ship vacations. For example, travelers can research cruise ship safety standards and cruise ship safety concerns before traveling. This will not always prevent an incident – Concordia had a very good safety record before last week’s high-profile accident – but ensuring that a cruise ship line does not have a history of safety problems is a wise step to take. Once on board, it is a good idea to listen carefully to safety demonstrations and to find out about safety devices and procedures. In the event of an accident, you will know where to go and what needs to be done to avoid injury as much as possible.

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Each year, Florida residents celebrate the New Year with fireworks. However, a number of Florida and Carver Heights personal injuries occur each year due to fireworks and other types of New Year’s Eve celebrations. This past New Year ’s Eve, for example, 12-year-old Diego Duran was at home watching fireworks with his family when a stray bullet hit him. Police believe that the bullet was fired as part of a New Year’s Eve celebration and could have come from miles away. While police continue to investigate, Duran is still undergoing treatment for severe head injuries.

While fireworks can be fun to watch, they can also be quite dangerous. They can cause Carver Heights burn injuries, eye injuries, broken bones, facial injuries, hand injuries, and more. Fireworks can explode unexpectedly, causing injury, and they can also cause burn injuries to those who stand too close. Even now that New Year’s Eve is over, the threat of fireworks remains. Many homes have left-over fireworks from the New Year, and some retailers are selling their supply of fireworks at discount prices. Children and teens are especially fascinated by fireworks and may be curious to try them. The supply of fireworks at this time of year makes them a risk for Carver Heights injuries to children and minors. To keep your children safe, make sure that you:

1) Talk to your teens and children about fireworks and especially illegal fireworks. Teens can easily buy fireworks online and some retailers are simply not cautious about selling fireworks to minors and children. Make sure your children understand the risks and very real dangers of fireworks so that they are not tempted.

2) Do not keep fireworks in your home. This makes it easier for your children to access them. As well, as fireworks deteriorate, they can pose a greater danger as they become more unstable.

3) If you have fireworks left over from New Year’s, dispose of them safely. Call your local city waste management office to find out how to safely dispose of unused fireworks. Do not simply place them in the garbage, where they can go off and cause a fire.

4) If you must store fireworks, do so as safely as possible. If you do decide to store fireworks in your home, carefully read the manufacturer’s suggestions about storage. You should keep fireworks in a cool, dry environment, far from any flammable materials. You should also keep your fireworks in a locked area, where your children cannot access the fireworks on their own.
Make sure that the key for the area is not available to your children. Before using the fireworks at a later date, check the condition of the fireworks carefully before use. Older fireworks can deteriorate, making them more unstable and therefore more likely to cause injury.

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It is unfortunate that Aventura personal injuries cause many legal claims and many hospital visits each year. The good news is that there are many things that you can do to help prevent accidents and injuries throughout the year:

1) Sign a no-texting pledge and a no-DUI pledge. Although Florida does not currently have a texting ban in place, it is still important to drive undistracted. Driving distracted increases your risk for an Aventura traffic accident or pedestrian accident. Turning your mobile device off each time you get in the car and keeping your full focus on driving helps you drive defensively and helps you avoid accidents. Of course, never drinking and driving also helps you to avoid Aventura car collisions.

2) Resolve to get healthy. Visit your doctor and your eye doctor at least once a year for a check up. Unresolved medical issues are a major cause of Aventura slip and fall accidents. Taking good care of yourself and getting check ups to resolve any issues which may not have obvious symptoms help keep you safe and can improve your life expectancy.

3) Get exercising – safely. Exercising is one of the most common New Year’s resolutions that people set. However, if you want to get in shape, you should also resolve to do so safely. That means visiting your doctor before embarking on any exercise program and starting slowly so that you can avoid Aventura sports injuries.

4) Make your home pleasant and safe. Renovating your home to make it pleasant can be one of your goals for 2012. However, make sure that you also take steps to make your home safe. Create an emergency kit and a written emergency plan. Buy smoke detectors, carbon monoxide detectors, and fire extinguishers for your home. Check your wiring and any cords in your home to replace any electrical devices or wiring that are worn or frayed. A few affordable safety precautions could help prevent a tragedy at your home.

5) Resolve to drive safely. Aventura car accidents are one of the major causes of personal injury in the city, and most drivers will be in at least one accident over the course of their driving years. The good news is that there are many things you can do to help prevent Aventura traffic accidents. Maintain your car correctly so that it responds properly in an emergency. Consider taking refresher courses, defensive driving courses, or racing classes to improve your driving skills; the skills you learn could help you save your life.

6) Take a CPR course. Knowing what to do in an emergency can help you help yourself or a loved one in an accident or emergency.

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While experts continue to voice concerns about the number of Miami traffic accidents overall, at least one report suggests that train crossing accidents, at least, are fewer in Florida. According to information gathered by the Federal Railroad Administration, the number of crashes involving trains and vehicles declined in Florida during the first nine months of the year. The number of injuries also declined when compared with statistics from last year. Across the country, the number of injuries caused by train-vehicle collisions increased 14% while the number of collisions declined slightly nationwide. This means that Florida is ahead of the curve when reducing the number of train-car accidents.

Between January and September of this year, there have been forty accidents at railway crossings across the state and six fatalities. Miami-Dade County has not had any such accidents, while Broward County has had two fatalities and five accidents and Palm Beach County has had five accidents and one fatality.

Last year, the Federal Railroad Administration ordered ten states, including Florida, to devise five-year plans to reduce the number of accidents at railway crossings. Florida has stated that most South Florida railway crossings have devices which prevent motorists from colliding with trains. However, Florida has stated that it will improve education programs to help people understand how to cross railway tracks safely.

As part of Operation Lifesaver, authorities hope to instill three main rules with motorists:

1) It is important to always anticipate a train when approaching a rail crossing. Trains move quickly and may approach from either direction. In many cases, motorists enter the rail crossing because they assume that a train is not coming, but this can be a deadly mistake.

2) Do not drive distracted. It is important to avoid using a mobile device in cars and to turn down the car stereo as well. Talking on the phone (even with a hands-free device) or listening to music can cause you to miss important audio alarms that can alert you of an oncoming train. It is also important for pedestrians walking near tracks to avoid listening to music or talking on a mobile device. Again, distractions can cause tragic Miami pedestrian accidents in this type of situation because pedestrians may not hear an oncoming train.

3) Only cross a rail crossing if you can completely get by the rail without stopping. If there is traffic, wait until the traffic ahead of you moves forward enough to give you adequate room to clear the train tracks. Otherwise, you may get stuck in the middle of the tracks. In this situation, you could be in a serious Miami car accident if a train suddenly approaches. Trains travel very fast and even if a conductor sees you on the tracks, he or she may not be able to stop in time since trains require a much larger stopping distance than cars or even trucks.

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While the holidays are exciting, they can also mean many breaks in routine and a number of new hazards in the home. When decking the halls and making merry, make sure that you follow these simple safety tips for a safe holiday season:

1) Check your home for fire hazards. Do a walk-through and note whether there are any lights blown out on your decorations, any frayed electrical cords, or any overheated holiday lights in your home. Unfortunately, the holidays are a very busy time for firefighters. There are many fires at this time of year, and that can mean many Miami burn injury patients. For this reason, this is also a good time of year to check that your smoke detectors are working correctly.

2) If you will be traveling to see family this holiday season, secure your property. Miami pool-related accidents can easily happen while you are away from home this holiday season. Secure your pool area with a self-locking gate, and, if possible, an alarm that can alert you in the event that anyone enters your pool area while you are away. If you will be away, consider using timed lights to discourage break-ins and have a friend or family member pick up your mail and check your home occasionally.
3) Check your decorations for hazards. Look for plastic or non-breakable decorations over fragile glass ones. Any electrical items or battery-operated items should be checked for wear and tear before using – throw out any decorations that are worn enough to be a hazard. If you have children and pets, be especially wary about decorations with small parts (including tinsel) which can be easily swallowed or toxic decorations – some natural holiday decorations, including poinsettias and mistletoe, can be toxic when swallowed.

4) Keep an eye on product recalls. You can sign up online to get product recall information mailed directly to you. This can be especially important to get recalled toys out of your holiday list and recalled foods out of your holiday feast.

5) If you are hosting any events at your home, be aware that you have a responsibility to keep your guests safe. Ensure that your home and walkways are well-lit and free of any obstacles to prevent Miami slip and fall accidents. If you serve alcohol, make certain that your guests can stay over or get a drive safely home in order to avoid Miami drunk driving accidents. Before you have your party, consider walking through your home and ensuring that your home is safe as well as festive.

6) Give yourself the gift of time. Rushing during the holidays leaches joy out of the season and can easily lead to a Miami car accident as well as other types of accidents. Slow down as much as you can so that you can focus on enjoying this time of year fully and safely.

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While Thanksgiving can be a time for families, great food, and fun, however, it can also mean injuries and accidents. To keep your family safe this Thanksgiving, make sure that you:

1) Evaluate your home for known hazards. If you are hosting a holiday event this week, do a quick walk-through of your home before guests arrive. Any tripping hazards, slip and fall hazards, or other dangers should be removed or clearly marked. If your home has a pool, make sure that the pool area is secured with a locked gate. Miami drowning accidents and pool accidents can easily happen if a child wanders away from the holiday table while everyone in talking.

2) Help elderly loved ones this holiday season. Elderly loved ones can feel loneliness especially keenly around the holiday season. If you have an elderly loved on in a hospital or retirement community, consider visiting or inviting your relative to your home for the holiday. If you do have elderly loved ones visiting your home for Thanksgiving, make sure that someone helps them safely into your home and ensure that any tripping hazards are removed.

3) Use proper food safety techniques. Follow the instructions on your turkey regarding thawing and cooking. Keep a food thermometer handy to ensure that the turkey is safe to eat and clean your food preparation areas clean as you cook. At this time of year, it is also a good idea to keep an eye on any food recalls – to ensure that the food you are eating is safe.

4) Take extra precautions against fire. With many guests in your home, it can be easier to lose track of the barbecue, oven, and candles. Make sure that you have working smoke detectors in your home and use kitchen timers to alert you to check on food. Light candles only when everyone is seated at the table and be sure to blow out the candles as soon as the meal is over. Unattended candles are a major cause of Miami burn injuries and fires during the holiday season. Never leave candles, grills, or any open flames unattended.

5) Keep your pets safe. Thanksgiving can be very stressful for your pets, especially if you are having many new guests over. Try to keep your pet in a separate area of the home while you celebrate – unless your pet is very well socialized. The extra hurry and unfamiliar noise of the holiday can cause any pet to become unusually aggressive and can lead to a Miami dog bite incident.

The legal team at the Flaxman Law Group would like to extend warm holiday wishes to all our readers. If you are celebrating Thanksgiving this week, the legal team at the Flaxman Law Group wish you a happy and safe holiday.

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When someone sustains a serious personal injury – such as in a Miami car accident or other incident – often the last thing on their mind is cost. In the initial worry, the main concern is — and should be — getting medical help. However, Miami personal injuries can be very expensive, in part because the city itself can be expensive. It is important to consider cost shortly after your injury – and before you determine whether to accept an insurance claim or whether to seek legal recourse. There are many costs related to your Miami slip and fall accident, motorcycle accident, or other injury at you may not have considered:

1) Medical costs. While you may be worried about initial medical costs, which can be substantial, you also need to consider long-term care and costs. If you have sustained a serious injury, these costs can be very substantial. For example, a Miami spinal cord injury patient can expect to spend $100,000 or more in the initial year of treatment alone. If you have sustained a permanent injury, you may require a lifetime of medical care, medication, rehabilitation, and other costs.

2) Secondary medical costs. In addition to hospital bills and doctors’ bills, there are many secondary costs that can be associated with your injury. For example, you may need to pay for special medical devices that can make your home and car accessible to you if you have sustained a severe injury. You may need to install grab bars in your bathroom and a special ramp in your home, for example. In addition, you may require medical procedures which are not covered by insurance at all. For example, many Miami burn injury patients require cosmetic surgery in order to allow them to resume a normal life. You may need rehabilitation expenses or you may have counseling expenses as well.

3) Property damage. If you have been in a Miami truck accident or other serious accident, you may need to replace your car, any possessions you had in your car, and any other property that was damaged in the crash. This alone can cost you tens of thousands of dollars.

4) Lost income. If you are injured and cannot work, you will need to replace the income that you would have earned had you not been injured. If it takes you months or years to recover, this can easily add up to tens of thousands of dollars or even hundreds of thousands of dollars. If you are permanently injured, your lost income could tally up to more than a million dollars.

5) Transportation costs. You may need to replace your car, or you may be too injured to drive and they need to pay for a cab driver to take you to appointments with your attorney, doctor, and specialists. These transportation costs can easily add up.

6) Regular costs. In addition to the costs of your personal injury, you will generally have your usual expenses, such as groceries, car payments, mortgage payments, housing costs, and miscellaneous living costs. Since Miami can be an expensive city, these costs can be substantial. If you are unable to work, especially, paying for these costs can be problematic.

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Each year, many Miami personal injury accidents occur due to unsafe Halloween costumes. While Halloween costumes are intended to be fun and a great way to celebrate the holiday, they can also be dangerous. Here are the things that parents should look out for:

1) Is the costume flammable? Costumes should be made of materials which are not easily flammable. Unfortunately, during Halloween, children may be more prone to come into contact with open flame, especially if they approach a jack-o’-lantern using an old-fashioned candle or if they take part in a bonfire night outside. Look at tags to determine the level of flammable materials in the costume. If you are making your own Halloween costume, consider the flammability of the materials that you are using.

2) Is the costume highly visible? Unfortunately, Miami car accidents happen every Halloween, and many of these accidents involve young children running across the street during Halloween night. Children should always be supervised when trick-or-treating. However, they should also be highly visible. Darker costume should have reflective tape on them that makes them easily visible to motorists. Children should also carry flashlights. Where possible, select lighter colored clothing and costumes for young children.

3) Does the costume have parts that hang down or drag on the ground? Loose clothing and drawstrings can pose a choking hazard for small children. Long dragging costumes can also create Miami trip and fall accidents. Even long droopy sleeves can be a hazard if they come into contact with the flame inside a jack-o’-lantern. Look for clothes that fit correctly and do not involve any parts that drag or droop down too much. Fitted costumes are a better choice.

4) Does the costume allow your child to see clearly? Masks are a special concern, since they can block visibility for children and can make it harder for them to cross the street safely. Masks that impair vision can also cause Miami trip and fall accidents. Where possible, use face paint and makeup rather than masks. If masks are essential for a costume, use scissors to cut out a larger eye holes so that your children can see correctly.

5) Does the costume include colored lenses? Many older children love costumes that involve novelty contact lenses. Unfortunately, in many cases these contacts are purchased online, and may be shipped from overseas retailers who are not bound by the safety considerations of domestic laws. If your child insists on having novelty contact lenses, visit an optician or eye doctor rather than buying them online. This can help prevent eye injury and a serious Miami products liability lawsuit down the line.

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