Articles Posted in Personal Injury

Florida has many services offering personal injury attorney referrals. These services, heavily advertised in the media, promise to put injury victims in touch with attorneys who can help them. While such services can help victims find an attorney, representatives of the American Bar Association note that customers may wish to do their homework before working with any attorney.

Referral services work by putting injury victims in touch with Florida personal injury attorneys. In many cases, these attorneys are simply listed in a referral service’s directory; there is no suggestion or assurance that working with a referral service will help an injury victim find a more qualified or experienced attorney. In fact, according to the American Bar Association, it is important that customers do their own research. Just because a referral service suggests an attorney, that does not mean that is the correct attorney for you.

According to The Florida Bar, Florida personal injury attorneys are not allowed to solicit business directly (unless using direct mail advertising) and cannot approach injury victims directly to suggest representation. Any attorneys gaining business through a referral service need to ensure that the service’s advertisements adhere to the standards established by The Florida Bar.

Victims of Florida car accidents and other injuries have many ways to find a qualified Florida attorney. Victims can contact referral services, contact attorneys directly, or ask friends and family for legal recommendations. In every case, it is important to learn more about an attorney’s background before making a decision. It is a good idea to ask plenty of questions about similar cases an attorney has worked on. Ideally, victims will want to find an attorney who takes time to answer questions and who has extensive experience with similar types of cases. For example, Florida trucking accident victims will want to find an attorney who has handled many Florida trucking accident cases successfully.

Potential clients can also ask attorneys for references. Good Florida attorneys can provide plenty of references from past clients who were happy with the outcomes of their cases. Another option is to call a local Bar association to ensure that an attorney is in good standing and licensed.

Before working with a Florida personal injury attorney, it is also important to get fee and cost information in writing. This information should include details on how costs and fees are added up, any additional costs which may be incurred during a case, and an estimate of the full costs of a case. Financial information can often help clients choose an attorney who is experienced and also affordable.

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While the holidays can be a time for gratitude, family, and friends, they can also be a time when certain injuries and accidents are more likely to happen:

1) Slip and fall accidents. Many Florida slip and fall accidents take place during the holiday season. The weather sometimes gets very wet at this time of year and there tends to be more pedestrian traffic in public places, such as malls. At the same time, there are more visitors and gatherings, where slip and fall accidents can also take place. Wearing sturdy shoes and cleaning up spills or obstacles quickly can help prevent these types of accidents.

2) Burn injuries. Fires and Florida burn injuries are common during the holiday season. As we run around more to get holiday errands done and as we leave our homes for extended periods of time, we sometimes forget to blow out candles or unplug appliances, which can result in fires. As well, more of us burn candles at this time of year as part of holiday décor. Having a working smoke detector and using extra caution with candles can help prevent these types of accidents.

3) Injuries to children and minors. Children and minors are more vulnerable to injuries at this time of year. Out of school, children may receive less supervision at this time of year. At the same time, gifts, holiday decorations, and extra travel all pose risks and potential hazards to children. Careful supervision and child-proofing are important.

4) Drunk driving accidents. Many holiday parties serve good cheer as well as alcoholic drinks, and this can cause Florida drunk driving accident rates to peak during the holiday season. It is vital to always have at least two alternative means of getting home if you are going to a party. As well, if you are throwing a party, make sure that you provide guests with safe ways of getting home. Many communities have special shuttle and bus services during the holiday season just for this purpose.

5) Pool accidents. Many people associate Florida pool accidents and near-drownings with summer, but in fact the holiday season represents a real risk. When homeowners go away for the holidays, children and intruders can easily access a pool area unless that pool area is secured locked and gated. It is important for homeowners to check their pool gates, locks, and fences to ensure that the pool area is completely secured at this time of year.

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The University of South Florida will team up with five facilities that are part of the Hospital Corporation of America in order to create a Florida-wide trauma network.
At least of the facilities, Blake Medical Center, also plans to open a trauma center. The goal of the network is to improve care for trauma patients. Currently, only about 48% of trauma patients in Florida get care at a licensed trauma center. Nationwide, about 65% of trauma patients receive care at a licensed trauma center.

According to the Hospital Corporation of America and University of South Florida, the main cause of Florida trauma injuries is Florida car accidents. The two organizations also noted that Florida car accident fatalities are closely linked to distance from the nearest trauma center. In counties with a trauma center, the rate of Florida car accident fatalities is lower.

Improving access to trauma centers can help Florida spinal cord injury patients, brain injury patients, and other trauma patients. Currently, patients must sometimes travel long distances to reach a trauma center. For example, some trauma patients from Manatee County must travel to Tampa or St. Petersburg to access trauma facilities. Blake Medical Center hopes to have its trauma facility open by fall 2011. The center will have at least five specialists and surgeons skilled to handle pulmonary issues, pediatrics, cardiology, infectious disease, and other areas.

In addition to the Blake Medical Center, the new trauma network will also include Kendall Regional Medical Center, Lawnwood Regional Medical Center, Orange Park Medical Center, and Regional Medical Center Bayonet Point. Currently, Lawnwood Medical Center has a trauma center while the remaining facilities have applied for trauma center designation.

Trauma centers may help patients survive serious injuries because these facilities group specialists and surgeons who are able to respond quickly to trauma injuries. In order for a facility to receive trauma center designation, there must be several specialty surgeons at the facility as well as a head trauma surgeon. The facilities must also have on-call specialists that allow them to deal with a range of trauma injuries.

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In many cases, Florida personal injuries, including Florida spinal cord injuries, burn injuries and other permanent injuries, are quite preventable. In many cases, obvious or noticeable hazards exist which can lead to injury. When these dangers are not removed, an injury often takes place. The good news is that there are many things you can do to help prevent serious injuries:

1) Get aware and find out the causes. At home, at work, and at play, note any dangerous conditions or hazards which can cause injuries. Poor lighting or inadequate signage in the workplace, for example, can lead to injuries and Florida workers compensation claims. When you see a danger, find out why that danger exists and who is responsible so that you can make changes. For example, at work do you bring your concerns before your employer or your manager for the best results?

2) Speak up. When you see a danger, speak up and ask for specific changes. If your apartment does not have functioning smoke detectors or fire extinguishers, you are more at risk. Ask your landlord to provide these items by a specific date and follow up to ensure that the alarms and extinguishers are there when and if you need them.

3) Raise awareness. If you notice something that concerns you on a large scale – such as laws which you think may lead to more Florida trucking accidents – make sure that others are aware of your opinions. There are many ways to raise awareness and stop accidents. Write a letter to the editor of your local newspaper, start a blog, and join an advocacy group (or start one!).

4) Talk to your elected representatives. The people who represent you in politics are paid by your tax money and have taken a vow to represent your voice. If you notice serious problems – such as dangerous intersections or faulty street lights – write to your local representatives at the local level to ask for changes. If this is not effective, write to state representatives.

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According to the Coalition Against Insurance Fraud and other groups, a poor economy has resulted in an increase in insurance fraud. In some cases, people are burning their own possessions – such as their own cars – for a payout or in order to stop having to pay insurance. In other cases, people are causing small fender benders or accidents in order to try to bilk other people’s insurance companies.

Many people try to bilk insurance companies because they tend to see it as a victimless crime, according to experts. Many insurance customers see insurance companies as huge companies not hurt by a few claims. However, this is not the case. Personal injury fraud and insurance fraud result in higher premiums for everyone. What can be even worse is that some people victimize other insurance customers. For example, if someone causes a small Florida car accident and falsely claims they have sustained whiplash or another injury, they are in effect victimizing the driver of the other car. That driver may face higher premiums as a result of the accident.

Similarly, if a fraudster claims that they have sustained an injury in a Florida slip and fall accident, the owner of the property where the accident allegedly occurred may face problems and increased insurance costs due to the scam. Of course, some fraudsters do not stop at insurance claims and in fact try to take their victims to court, suing for damages.

According to experts, false personal injury claims have increased 57% across the country in the past year. According to the National Insurance Crime Bureau and other groups, high unemployment and financial stress may be fueling these increases. According to experts, Florida leads the nation in staged accident fraud. In some of these fraud cases, people are actually recruited by larger scam groups to pretend they have an injury. These fraud operations are very sophisticated, and medication practitioners are often in on the scam. The recruited “victims” go to these health care practitioners for unneeded care and the practitioners can then bill insurance companies. Florida is a target for these schemes, say experts, because Florida has a law requiring car insurance companies to pay at least $10 000 in medical bills in Florida car accidents, regardless of fault.

Worst of all, fraudulent insurance claims harm people who have genuinely sustained injuries. If you have been in a Florida pedestrian accident or have sustained an accident in some other way and make a claim with an insurance provider, you may find your provider treating your claim with more suspicion due to the fraudulent claims that insurance companies cope with each day. If this happens to you, you may need a qualified Florida personal injury attorney to negotiate with insurance providers on your behalf.

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Now that fall fair season is here, many Florida residents are taking advantage of the beautiful fall Florida weather to visit amusement parks and rides. While most of these rides are safe and provide a harmless amusement, each year, some people are injured on these rides. Florida injuries to minors and children are especially common with amusement park rides, since children and teens are most likely to be attracted by this type of entertainment.

The Florida Agriculture and Consumer Services Commissioner has issued a warning to everyone hoping to take advantage of fall rides. According to studies, most people who are injured on amusement park and fair rides are injured because they fail to follow the rules posted beside each ride. According to the Florida Agriculture and Consumer Services Commissioner, many Florida personal injuries can be avoided this fall if fair patrons take the time to read and follow the posted rules at all fair rides.

Of course, in some cases, rules are not made clear or rides are not maintained, leading to accidents. The Bureau of Fair Ride Inspections is the body that inspects rides at carnivals, fairs, and entertainment faculties. Under Florida guidelines, all fairs operating rides need a permit – which must be renewed yearly – and all rides need to be inspected before being open to the public. Each time a ride is set up, it must pass inspection before children and patrons are allowed on. At amusement parks and other places where rides are set up permanently, the rides need to be inspected twice each year and must be granted a permit twice a year.

Florida has 211 permanent entertainment facilities and amusement parks with permanent rides. There are also more than 167 companies offering traveling entertainments with temporary rides in the state. The Bureau of Fair Ride Inspections inspected over 9,500 rides in 2009. However, accidents can and do occur.

According to research, about 93% of amusement park and fair ride accidents are caused by patron mistakes or errors. About 8% had an undetermined cause or were caused by mechanical problems. When The Bureau of Fair Ride Inspections makes its inspections, about 44% of rides fail an initial inspection. However, The Bureau of Fair Ride Inspections has also reported that the number of failed inspections has been dropping since 1997, since operators are doing more to provide safe rides for patrons.

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Many people who have been involved in a Florida slip and fall accident, car accident, or have sustained a serious injury some other way face financial challenges as well as pain and other problems associated with the injury itself. Often, a person who has sustained an injury must miss work or faces large medical bills as a result of the accident or injury. Legal claims and Florida personal injury lawsuit can help victims reclaim the damages to cover these costs, but it can take some time for a court case or legal claim to work its way through the courts. In the meantime, many Florida patients worry about the income, medical bills, and legal bills.

Luckily, if you have been in a Florida trucking accident or have sustained any type of personal injury, there are many ways you can keep your costs down. One of the best ways is to find a qualified Florida personal injury attorney. While many patients assume that they can save on legal costs simply by not working with a personal injury attorney, this is not always the best option. A good Florida attorney can safeguard your rights and can help pursue the fairest possible settlement in your case. Without legal help, you may unknowingly sign away your rights or accept a claim amount that does not cover all the expenses associated with your injury.

When looking for an attorney, look for a Florida personal injury attorney who works on a contingency basis. This means that the attorney will not ask you for legal fees up front. Instead, the attorney will work on a non-recourse basis, which means that he or she will get paid fully only if and when you receive proceeds from a settlement. If you you’re your case or abandon it, you may be responsible only for some basic fees. Working with a Florida personal attorney on a contingency basis means that the attorney will usually charge additional fees, since the attorney will be accepting more risk for your case. However, you will not be faced with large legal bills immediately, allowing you to pursue your legal case even if you are facing financial challenges due to your injury.

Once you find a Florida personal injury attorney, there are several things you can do to control your legal fees. First, you will want to discuss legal fees with your attorney. If you decide that you wish to allow your attorney to work with you on a contingency basis, determine exactly what the legal fees will be for the services. As well, if finances are a problem, do not be shy about discussing this frankly with your attorney. Florida personal injury attorneys are acutely aware of the financial devastation that a serious injury can cause and they can offer advice and suggestions. Be sure to specifically ask for ways to keep your legal fees reasonable. A good Florida personal injury attorney will work with you to ensure that you can recover from your injury, both physically and financially.

If you are injured due to a product defect or a personal property problem, you may be able to find other defendants who were injured by the same problem. By having these persons take part in a class action Florida product liability suit or premises liability action, you may be able to save on legal fees as well, in some cases.

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If you have been in a Florida car accident or have sustained an injury that may result in a legal claim or lawsuit, you will need to a good Florida personal injury lawyer to represent you. However, many people who have a legitimate case worry about contacting an attorney because they worry about legal fees. The good news is that many Florida personal injury attorneys work on a contingency basis. This means that they do not get paid upfront. Instead, if you receive an out-of-court settlement or win your case in court, the attorney will be paid out of the proceeds of the case. Attorneys who work on a contingency basis ensure that clients with deserving cases can still recover for damages after a Florida accident – even when money is not immediately available for legal fees.

If you do decide to work with a Florida personal injury attorney, it is important to understand the types of legal fees which you will eventually be charged. Legal fees for a case vary widely, depending on the amount of time a case takes, the complexity of a case, and the amount of work and specialization a case requires. There are several types of fees you may be charged:

1) An hourly fee. Some Florida personal injury attorneys charge hourly fees for specific work done on a case. The fee can vary even on the same case, depending on what sorts of services are offered. An hour of drafting a lettering in a case, for example, may be billed differently than an hour of private investigation into a case.

2) Consultation fee. This fee is usually a per-hour rate which some Florida attorneys charge for initial meetings with clients. Many experienced Florida personal injury attorneys, however, do not charge for an initial consultation.

3) Flat fee. Also known as the task-based fee, this is the method of setting fees most used with short, relatively simple legal matters. For example, an attorney may set a flat fee for creating a will, because it is easy to predict how long the task will take.

4) Contingency fees. As discussed above, in this type of fee structure, the attorney gets paid only if and when a client wins a case in court or wins an out-of-court settlement. If the client does not recover any money in the case, the attorney does not charge any fees other than the expenses related to the case. If a case is won or reaches a settlement, an attorney will usually charge a contingency fee in addition to any case expenses. The fee covers the risk the attorney accepts in taking on the case and is usually calculated as a percentage. It is important to understand what fees you are responsible for in the event of a loss and what the contingency fee is if you do win.

5) Statuary fees. In some bankruptcy, probate, and other court cases, the court or law sets the fees.

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If you have been injured in a Florida car accident or have sustained an injury through someone’s negligence or carelessness, you will likely need a Florida personal injury attorney to advise you of your legal rights and to help you understand your options. If you have never worked with a Florida personal injury attorney before, the task of finding an attorney quickly can be daunting. However, working with an attorney is simpler than you may think. Personal injury attorneys in Florida understand the apprehension of clients and often work hard to provide good service. Here is what you can do to find the right attorney for you:

1) Consider what practice areas or areas of expertise your attorney will need to understand. If you were in a Florida trucking accident, for example, you will want to find a personal injury attorney with experience in these types of cases. If you have sustained a Florida spinal cord injury, you may wish to find an attorney who specializes in this type of case. Most Florida personal injury attorneys have websites listing their experience and their practice areas. This can be a good place to start.

2) Look for attorneys with a proven record of won cases. A good Florida personal injury attorney will not mind if you ask for – and check – references. Many attorneys also have lists of cases they have won in court.

3) Look for attorneys that meet your situation. Many attorneys will work with plaintiffs in cases but not with defendants, for example. If you have been injured, you will want to find a Florida personal injury attorney who represents plaintiffs.

4) Meet with a personal injury attorney. Ultimately, the best way to determine whether an attorney is one you want to work with is to meet with that attorney for an initial consultation. This gives you a chance to get information about your case and to learn what the attorney can do for you. An initial consultation is also a good way to gauge how comfortable you are with a specific attorney. You will be working with your attorney while your case works its way through the courts. That can take months or even years, so it is important to find an attorney you can work well with.

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