Articles Posted in Personal Injury

If you have been seriously injured in an accident or due to someone’s recklessness or negligence, your financial life will be as affected as your physical body. While accidents and injuries can mean pain and suffering, they can also mean lost income, career problems, and high medical costs. Many Florida patients with severe injuries face tens of thousands of dollars and in some cases millions of dollars in medical costs, care, and other costs.

The truth is, many injuries are far more expensive than they initially appear. Florida burn injury patients, for example, may need therapy, rehabilitative care to recover a full range of motion, multiple skin grafts as well as other cosmetic procedures, pain management, and other forms of care. They may not be able to return to work for months or even years. Some will lose their jobs and will even need to rebuild their careers once they have recovered.

Florida spinal cord injury patients may face permanent injuries and may require millions of dollars for medical care, in-home nursing care, wheelchairs or hospital equipment for the home, treatment, medication, income replacement, and home renovation costs to make their homes accommodating to their new ability levels. Many spinal cord injury patients are never able to return to their regular lives or their jobs, which can mean nearly a lifetime of lost income as well as high medical costs.

While many of us have insurance to protect us from injuries in car accidents and other types of accidents, insurance does not cover all injuries. If you slip and fall in a store and sustain a serious brain injury, for example, you will likely need help from a Florida attorney because your car insurance and homeowners insurance will not cover the injury. In these cases, a Florida premises liability case may be an option.

Even if you are in a Florida car accident, however, it does not mean that all your costs are covered by your insurance carrier. With a long-term or permanent injury, especially, insurance carriers will generally pay for up-front costs, which can leave a victim with hundreds of thousands of dollars of costs to pay for themselves. In many cases, insurance companies will also not pay for all costs associated with an accident. For example, burn injury patients may find that insurance carriers do not want to pay for skin grafts and other surgeries, calling such procedures “cosmetic.” In these cases, a good Florida personal injury attorney can help negotiate with your insurance carrier and can provide advice.

Another factor that personal injury patients need to consider is time. For someone who has been injured, high medical costs and lost income occur at once but a case can take months or years to work its way through the courts. Even getting an insurance claim resolved can take a long time. If you have no source of income, it can be very challenging to wait for proceeds of settlement. A good Florida attorney has extensive experience with these types of financial pressures and can usually recommend a variety of solutions and options to help a victim resolve some of this financial pressure.

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Most people hope that they never experience a significant injury that requires a Florida personal injury attorney and a legal battle. Everyone wants to avoid Florida car accidents, slip and fall accidents, spinal cord injuries, and other types of serious accidents and injuries but every year millions of Americans are seriously injured due to preventable accidents or injuries.

If you’re not sure whether your injury requires a Florida personal injury attorney, consider:

1) Are you seriously injured? If you have been admitted to hospital and will require long-term help or will face lost income due to lost work time, it may be a good idea to speak with an attorney.

2) Are you injured permanently or have you suffering a long-term injury? Permanent injuries such as brain injuries or long-term injuries such as burn injuries require a surprising number of resources and Florida brain injury patients as well as other patients with serious injuries generally need representation by an attorney to ensure that they get the financial support they need. It is unlikely that an insurance provider will offer a claim amount that covers all the costs of a long-term injury – an attorney is needed for this.

3) Did someone’s negligence or recklessness cause your injury? In cases such as Florida drunk driving accidents, products liability cases and other cases where someone was negligent, it is often unfair to expect victims to pay for the medical costs and other damages that someone’s recklessness has caused. In these cases, speaking with an attorney ensures you will not pay for someone else’s mistakes.

4) Does the injury involve a commercial company or organization? A Florida truck accident involving a business truck and other similar injuries involving commercial defendants are often complicated. The commercial or business interests in the case will usually have attorneys – shouldn’t you?

5) Are you being asked to sign papers or documents you do not understand? If you are being pressured to sign documents or if you are being accused of causing an accident, you need a good attorney to help you. Without a good attorney, you could end up signing away your rights.

In general, if you are not sure whether your injury merits a Florida personal injury attorney, it is a good idea to call a qualified attorney in any event. Many Florida personal injury attorneys – including the team at the Flaxman Law Group – offer free initial consultations, so that you can find out if you have a case or legal redress without any obligation or cost to you. This is a much better alternative than finding out too late that you have been saddled with thousands of dollars in medical costs which are not covered.

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If you determine that you have a personal injury case, such as a Florida car accident case or another type of legal action, you will need to work closely with a good Florida personal injury attorney as your case works its way through the courts. If you have never worked with an attorney before, consider these tips for a great working relationship:

1) Choose your personal injury attorney carefully. Few decisions will have as great an impact on your case. A good attorney will listen to you and has the experience and training to help you. A good attorney also has the trial experience and case experience to increase your chances of a successful outcome.

2) Be honest with your attorney. Answer all your attorney’s questions fully and honestly. Hiding information or lying will ruin your relationship and will usually not create a good outcome for you. Even if you think that something might harm your case, do not lie about it. As well, be sure to tell your attorney about anything that is relevant to your case. For example, if you are facing financial pressure as a result of a Florida slip and fall accident, be sure to share this information with your attorney, as your attorney will generally have a number of solutions to help.
3) Show up prepared. Attorneys usually enter the legal field because they genuinely want to help people. A good attorney will want to help you, but you can help your attorney do this by showing up to meetings prepared. Your attorney is busy, so consider typing up questions you have or bringing any relevant documentation with you.

4) Make sure that your understand your obligations. After talking to your attorney, be sure to ask what you need to do and what your responsibilities are. If your attorney gives you directions or instructions, follow them to the best of your ability.

5) Make sure that your understand the relationship. No attorney can guarantee that your case will win or that you will receive a substantial settlement. Being honest and choosing a good attorney improves your chances for a positive outcome, but be aware that your attorney’s role is to represent you in the best way possible. The actual outcome of your case will not be known until your case works its way through the court system.

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If you have sustained an injury, you may wonder whether you should consult a Florida personal injury attorney or pursue legal action. In general, if you believe that you have a personal injury case, you will want to ask:

1) Where did the injury take place? If your injury occurred on a private or public property that does not belong to you, you may be able to pursue a Florida premises liability claim or a personal injury civil suit. However, even if the injury took place in your own home, you may have a Florida product liability suit or may need an attorney if you need to negotiate with your insurance carrier.

2) Did the injury directly cause damages? Legal actions are not meant to be punitive; they are meant to help you recover the damages you have sustained due to the injury. Therefore, if you have lost work time and therefore income or have had medical costs due to your injury, you have damages. Your injury must have caused these damages quite directly.

3) What caused the injury? In general, personal injury lawsuits are pursued in cases where an injury was not an accident, but rather caused by someone’s negligence or recklessness. However, it is often difficult to assess this. For example, if you have been in a car accident, you may not realize that your tires have a known defect that the manufacturer knows about. A qualified personal injury attorney will investigate the injury and the accident to determine whether there are liable parties for the injury.

In general, if you believe that you may have a personal injury case, it is best to consult with an experienced Florida personal injury attorney. It is often difficult to tell whether there is a case without extensive legal experience and training. An attorney can inform you of your rights and your options, so that you can make your decision from a position of strength. An attorney may also have a unique way of looking at your case that helps you understand your case more fully. In most cases, there is no obligation in talking to an attorney and many legal teams – including the Flaxman Law Group – offer free, no-obligation initial consultations specifically to help you understand whether you have a case.

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Personal injuries are quite common in Florida in the summer. There are many types of injuries that can take place – and many ways to prevent them:

1) Boating injuries. Florida has many options for water enthusiasts, and boating along the state’s many waterways is a time-honored way to celebrate beautiful weather. However, Florida is also one of the leading regions for boating accidents. Proper training, a well-maintained boat, sober boating, and safety equipment on board every boat can help prevent many Florida boating accidents.

2) Pool injuries. At this time of year, many people enjoy cooling off in a sparkling pool. Unfortunately, pools can also cause injuries – and spark Florida premises liability action. If you have a pool, keep in well-maintained and when you are not using your pool keep it well-covered and beyond a locked gate. An alarm system for your pool can be useful in letting you know if anyone is accessing the pool area without your permission.

3) Florida car accidents. Since many people travel more during the summer, Florida car accidents can increase over the summer months, especially on weekends. Summer holidays and barbeques can also lead to Florida drunk driving accidents. Extra caution is needed on the roads at all times.

4) Injuries to children and minors. With children home from school for the summer, home-based accidents become more common. Supervision and safety devices can help prevent many of these accidents.

5) Burn injuries. Summer often means campfires, barbeques, and even electric and all-natural insect repellants that can cause burn injuries. Avoid fires and injuries by using the right tools when cooking with an open flame and by keeping all outdoor cooking well away from flammable materials and your home.

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Extreme weather this past winter – including severe storms and some freezes that have affected the state’s agriculture – are becoming more and more frequent. In addition to causing economic devastation, extreme weather is also a leading cause of Florida personal injuries, such as broken bones, concussions, and other injuries. To keep yourself and your family safe, consider these precautions:

1) Invest in good insurance. While insurance will not prevent emergencies and injuries, it can help your family cope financially in the aftermath. Many insurers, however, are reluctant to offer hurricane coverage for Florida residents. As well, after disaster many residents find that their insurance does not cover as much as they thought. In some cases, insurers are reluctant to help insured parties with coverage for all injuries and damage. If you have problems with insurance, it is best to take the problem to a qualified Florida attorney for help.

2) Prepare an emergency kit. If a waterproof container, store batteries, tarps, a radio, fresh water, food, important emergency paper work, cash, flashlights, medication, and anything else you may need for a few days in an emergency. Store this kit someplace where it is readily accessible and check and replenish it often to ensure that you are ready in an emergency.

3) Have a practice an emergency plan. Your plan should consist of an action plan and a communication plan. Sit your family down and practice what you will do in various types of emergencies. Show children, especially, how to get to safety in the event of a fire or severe weather. This could help your children avoid becoming Florida burn injury patients or emergency room admissions in an emergency. As well, rehearse how and when you will communicate with one another – arrange for a place or time to meet or rehearse who each family member will call for a check-in. At least quarterly, rehearse your plans so that everyone remembers them.

4) Learn how to care for yourself and your family. Buy and learn to use a generator if you live in a part of Florida that is frequently visited by extreme weather. Learn how to travel or drive in inclement weather. Review emergency preparedness procedures – your local municipality likely has resources that can help.

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A new gun bill (SB 234) would allow people to have guns on university and college campuses. The bill has been delayed after the father of one victim has spoken out. The father of Ashley Cowie, a Florida State University student who was killed accidentally on campus when a gun was fired at a college party, spoke out against the bill before a hearing of the Senate committee. His testimony helped to delay the bill.

Cowie and other opponents of the bill note that the legislation might be dangerous and may lead to Florida injuries to minors. Cowie noted that the atmosphere of college parties and the drinking which occurs on campuses makes gun possession very dangerous, allowing accidents to happen easily. Doctors have been opposing the bill on the grounds that it may lead to an increased risk of personal injuries and deaths, but the National Rifle Association is supporting the proposed legislation.

Currently, legislators in Texas, Arizona, New Mexico, Tennessee, Michigan, Oklahoma, Florida, Nebraska and Mississippi have all proposed legislation which would allow registered gun owners to carry guns on campuses. Advocates of the bills claim that in the wake of school shootings and violence, such new laws would give students and faculty the means to defend themselves. Opponents note that high stress and suicide rates as well as rates of theft in dorm rooms would make gun ownership a recipe for fatalities and personal injuries.

In addition to allowing guns on campuses, bill SB 234 would not allow doctors to ask patients about gun ownership. Only psychiatrists and psychologists handling psychotic or emergency situations would be able to ask such a question. Under the proposed legislation, doctors would be fined $10,000 for a first offense, a minimum of $25,000 for a second offense, and at least $100,000 for subsequent offences of asking a patient whether they owned a gun.

As a result, doctors have been opposing the bill as well, claiming that it can put them at risk and it interferes with their ability to determine whether a patient is a danger to themselves or others. Advocates of the bill, including the National Rifle Association, however, claim that doctors who ask patients about gun ownership violate second amendment rights. Bill SB 234 is sponsored by Sen. Greg Evers, R-Baker. In a vote, Sen. Gwen Margolis, D-Sunny Isles was the one opposing vote to the legislation.

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While Florida is known for its sunny and beautiful weather, Florida residents who travel to more northerly states at this time of year can expect to face the same winter weather hazards as residents of those states. While you many not worry about Florida slip and fall accidents due to ice or snow and while the idea of winter-related Florida car accidents seems remote, in more northerly climates, the weather conditions can pose a real risk. If you are traveling north this winter, follow these safety tips to stay safe:

1) Assemble an emergency kit if you will be staying anywhere but a hotel. If you are renting a cabin or staying with friends and family, prepare a kit that includes batteries, flashlights, blankets, a first aid kit, any medication you may need, food, water, cash, and copies of your documents. If you need to evacuate due to weather conditions, this will be very valuable. You may also want to keep a similar emergency kit in your car to ensure that you can survive if you get stuck due to snowy weather conditions.

2) Invest in good footwear. Look for boots that have good treads or visit a sports wear store to buy special boot overlays that have spikes for added traction. Snow and ice pose a serious risk of slip and fall injuries as well as head injuries, especially if you are not used to walking in these conditions. Invest in the best anti-slip footwear you can find.

3) Prepare to dress for the weather. Before you travel, check weather reports so that you know what to pack. Bring a hat, gloves, scarf, and warm footwear and jacket. As well, bring layers that you can wear together. Several layers that cover your entire body can help you avoid hypothermia or frostbite if you do find yourself stuck in inclement weather when you travel.

4) Bring sunglasses. The glare from snow and ice can be painful and can make it hard to see. You can often prevent slip and fall accidents and even car accidents by wearing sunglasses that allow you to see more clearly. If you will be outdoors skiing or taking part in other winter activities, be sure to wear sunscreen as well. Again, the glare from the snow and ice can be intense.

5) Learn winter survival skills. If your car broke down on a snowy road, would you know how to survive? Do you know how to drive on icy roads safely? Winter survival tips and classes are available online and through many police stations in more northerly states. Read up about the skills you need.

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After a number of serious Florida personal injuries and fatalities caused by parasailing over the past few years – including the death of a Gwinnett County woman last year – legislators are considering a bill which would place additional controls on parasailers and the tourism industry. The bill would require insurance policies for all parasail operators as well as safer equipment.

In honor of the Gwinnett County woman who was killed by parasailing, the bill is being referred to as the “Alejandra White Act.” White and her soon-to-be-husband were parasailing over Labor Day weekend when the rope which linked the boat and the parachute broke. White’s fiancé was able to make a safe landing, but White was dragged along a beach and was impaled on a pole on the beach. She succumbed to her injuries in hospital days later.

Florida lawmakers have made previous attempts to pass laws which would control and restrict parasail operators in the state. However, over the past few years, no bill has passed. White’s death has provided additional motivation and a rallying cry for those who feel that the current lack of regulations lead to injuries and deaths. If the current bill passes, it may take effect as soon as July 1, during the tourist season.

Parasailing can be a safe sport, but advocates of the bill note that currently parasail operators have too few rules to ensure that tourists and residents are safe. There are many things which can go wrong during parsailing which can cause someone to fall from the sky without a parachute. Parachute malfunction and rope breakage are the most common accidents. They can cause serious Florida spinal cord injuries and fatal brain injuries because parasailers typically fall from a large height.

Some of those who oppose the bill note that the bill would force parasail operators to pay for expensive levels of insurance, even though insurance would not prevent accidents or injuries. They also note that the bill would increase costs for operators even though the parasail industry has a relatively low rate of accidents.

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