Florida Injury Lawyer Blog

Just about every American is indirectly affected by personal injury. You may have a co-worker with a spinal cord injury. Your brother may have sustained a burn injury after a car accident. The truth is, you likely know someone who has a personal injury and over your lifetime you will know at least one close family member or friend who sustains a serious personal injury. It is normal to feel helpless and unsure of what to do, but if you know someone who has sustained a serious injury, there are several things you can do:

1) Be there. Whether your loved one has sustained a burn injury, fracture, spinal cord injury, or another injury, you support and presence alone is a big boost of help. Many people avoid visiting injured friends and family, unsure of what to say and do, but the truth is you do not have to say much at all. Just being there for your friend or loved one speaks volumes.

2) Research the condition. It may be helpful to learn more about your friend or loved one’s injury. What is the prognosis? What types of treatment will your friend go through? Knowing what is involved can help you be there for your friend and can help you understand the situation. It can also help prepare you for the months or years of recovery.

3) Get support if you need it. If a close friend or family member has sustained a serious injury, it can impact your life and emotions greatly. If you feel upset, angry, or depressed, consider joining a support group or speaking to a therapist. If your friend or family member is having a hard time accepting their own injury, it can also be useful for you to talk about your own emotions with someone.

4) Decide what you need. Do not get so wrapped up in someone’s injury that you forget your own needs. Especially in the event that someone close to you has a serous injury, make sure you eat well, get plenty of rest, and exercise. Take care of yourself, as you will not be very helpful if you are ill or injured yourself.

5) Listen and encourage gently. One of the best things you can do is listen to the range of emotions and worries your friend or family member likely has about his or her injury. Just having someone to talk to can be a tremendous help for someone who is injured. If your friend could benefit from a doctor, specialist, or Florida personal injury attorney, kindly make the suggestion. Encourage your friend or family member to think positively and focus on the future.

Any sort of personal injury, whether caused by a trucking accident, boating accident, or some other incident, can have a wide-ranging impact on a person’s life. While serious or permanent injuries such as brain injuries and spinal cord injuries obviously take patients on a financial, physical, and emotional roller coaster ride, all personal injuries can affect a patient’s finances, relationships, career, and more. Emotional results of personal injury are not often discussed, but people who have survived a personal injury may experience:

1) Depression and grief. A person who has sustained an injury which is disfiguring or which impedes mobility or normal tasks may feel depressed or saddened by the changes. Even someone who can recover fully may feel depressed by a long period of inactivity or recovery time. A patient may grieve over the lifestyle or activities which are now out of reach.

2) Anger. A person who has sustained a serious injury may feel angry about the changes that have occurred in their life. They may lash out at people who they feel are responsible for the accident or may be angry at themselves for being injured. Someone who has sustained a serious injury may feel frustrated and then angry at the activities which are now no longer possible.

3) Anxiety. Many patients feel anxious about further injuries or may feel uneasy about recovery times or possible complications. Many patients are newly aware of their fragility and worry about accidents and injuries.

4) Withdrawal. Many patients withdraw from family and friends after a serious injury. Some burn injury patients, for example, have a hard time resuming regular activities because they worry about people staring at their scarring. Other patients may resent the attempts of loved ones to cheer them up or may lash out at loved ones who can still do regular activities. Some patients have a hard time picturing normal life with their injury and choose to withdraw, spending days or even weeks alone.

5) Antisocial behavior. In addition to withdrawal, some patients lash out at others, start arguments, or even act violently. Some have a hard time expressing grief while other patients are concerned about not being given “sympathy” or “special treatment.” Some patients do not think that they relationships will survive their injury and reject people before they can be rejected.

One of the most common and most misunderstood personal injuries is whiplash. About one million Americans get whiplash each year from car accidents alone. However, whiplash is also a common injury which results from pedestrian accidents, slip and fall accidents, sports injuries, aviation accidents, and other accidents. About 25% of whiplash patients will suffer from severe pain and another 10% of patients will sustain whiplash that results in a long-term disability. In about 15% of all whiplash cases, patients continue to have symptoms three years or more after the original injury.

As these statistics show, few personal injuries cause the suffering and pain that whiplash cause. Despite this, though, many people see whiplash as a “minor” injury. Certainly many insurance providers describe it this way when they may have to pay for someone’s whiplash treatment! In addition, even physicians sometimes puzzle over this injury, simple because there is so little concrete research about it. Some people even claim that whiplash does not really exist!

Unfortunately, whiplash is all too real and for many patients it is a long struggle. For many patients, whiplash takes place when the head is whipped suddenly and violently at an awkward angle or in an awkward direction. Researchers believe that whiplash affects the soft tissues in the neck, but unfortunately this is a problem when it comes to diagnosis. Since it is a soft tissue injury, whiplash does not present clearly on MRIs or X-rays, traditional diagnostic tools used for other head injuries and neck injuries. Many people are misdiagnosed as a result and many patients are frustrated because they have no proof to show insurance companies when making a claim.

Worse, whiplash tends to manifest very differently in different patients and medical science simply does not know why. Some patients experience pain immediately after getting an injury while others go for hours or days, unaware of the injury. Symptoms can also vary widely. For some patients, dizziness, back pain, shoulder pain, or lack of mobility are issues. For other patients, stiffness and shooting pain are common symptoms. Since the array of symptoms are so varied and vague, it is easy for healthcare professionals to misdiagnose whiplash.

The results of whiplash can be all to real. Some patients have trouble focusing and concentrating. Many are in so much pain and suffer from such a lack of mobility that they lose income and must take time away from their job. Many patients have trouble getting diagnosed correctly and must visit many doctors for help. Of course, many insurance providers are skeptical about whiplash claims, especially without any evidence via MRIs or X-rays.

Financial abuse is a difficult and often-overlooked form of abuse. The most common victims of this type of abuse include the elderly. Financial abuse can take many forms. It can include intentional fraud of the elderly and scams which target the elderly. It can include a caregiver threatening or harming a person unless they give them money. It can involve a caregiver persuading an elderly person to surrender assets against their will.

Financial abuse is difficult to spot. Unlike slip and fall accidents, physical abuse, and other problems, it often leaves no physical clues and causes no obvious personal injuries. Loved ones and family members may not realize what it happening unless they keep a close watch over an elderly loved one’s finances. Unfortunately, many families want an elderly relative to remain independent and therefore refrain from asking financial questions. This can allow a perpetrator to continue to abuse his or her victim. Many victims are ashamed or fearful that their independence will be taken away, and abusers use this to keep the abuse hidden.

There are many reasons why the elderly are often targeted by financial abuse perpetrators. The elderly often do not have very close contact with relatives so that it is easy for the abuse to remain undetected. Some elderly persons suffer from undiagnosed dementia or other illnesses which make them easy targets. Even when an elderly person is not ill, a perpetrator will often blame the victim’s age or infirmities (“you’ve forgotten that you gave me your car to keep”). As well, some elderly persons do not keep up to date about online scams and other common scams, which makes them easy targets. Many elderly persons also make attractive victims because they have retirement savings and investments they have spent a lifetime accumulating.

Even if financial abuse is detected, it can be hard to discern what has happened. It can be hard to determine, for example, whether an elderly loved one meant to surrender assets or meant to make certain gifts of cash or not. If a person is ill, it can be hard to determine what they intend and what was coerced. Many perpetrators are very wily in making financial schemes seem like a victim’s idea. In many cases, victims themselves defend the perpetrator and claim that they intended to surrender cash or assets.

In many cases, the assets or cash are simply gone or spent, and this frustrates families who have discovered financial abuse. In these cases, it is important to contact a good Florida personal injury attorney. An attorney can conduct an asset search and financial forensics to trace the money and assets received by the perpetrator. In some cases, attorneys can recover part or all of the assets or can seek legal action against the perpetrator.

Above all, it is important for families and friends of elderly persons to be aware of financial abuse. Signs of abuse include sudden lack of funds (which can manifest itself in reduced circumstances, poor diet, weight loss due to savings and unusual “money saving” behaviors). Victims may seem heavily under the influence of a perpetrator and may act afraid of him or her. They may be depressed or angry. They may seek loans or be trying to make financial arrangements in order to save whatever money they have remaining. If you see these signs, contact the police or a personal injury attorney for assistance.

Deciding to pursue a medical malpractice suit is often a very difficult decision. In these situations, there is often a strong sense of betrayal because we all trust medical professionals to make us better and when we sustain injuries or harm at the hands of a doctor or health care professional, there is usually a host of conflicting feelings involved. As well, the physical pain and suffering caused by a medical mistake or malpractice can often make it difficult to focus on legal matters.

When deciding whether to pursue a medical malpractice suit, it is a good idea to consider liability, damages, and payment. Liability refers to whether someone is legally responsible for your injury and whether their negligence caused your injury or current condition. To determine liability, you need to determine what the standard of care is in cases such as yours and whether that standard was followed. If that standard was not followed, you need to show that that omission lead to your injury.

If you can prove that negligence caused your injury and that someone is liable, you will need to determine what damages you are entitled to. You may seek damages to cover lost income, pain and suffering, and medical costs. How much in damages you can seek will depend on how much your injury affects your quality of life and your job. You also need to determine who will pay the damages and whether they can pay. Usually, an insurance company for a doctor or hospital will take care of damages.

When deciding on a medical malpractice case, it is important to keep in mind that these cases are often much more difficult than other personal injury cases. Physicians have excellent insurance providers who will fight very hard to deny blame. These cases tend to be longer and more difficult to prove than many other personal injury cases. If, for example, you have sustained a brain injury due to a mistake made in the operating room, you will need to prove that the mistake was negligence and might have been prevented with due care. This can be very difficult and expensive to prove – often, attorneys need to hire expert witnesses.

About 90% of all medical malpractice cases are settled out of court, often for less than the victim was originally seeking in damages. As a result, attorneys are often reluctant to take on such cases unless a great deal of damages can be claimed. You will need to decide ahead of time whether you have a strong suit. If you are in doubt, contact a Florida personal injury attorney. He or she can tell you whether you have a strong case.

Building sites often use hot tar or asphalt to patch roads, construct roofs, and make roofing waterproof. Hot tar is very hot and applied while hot. On job sites, hot tar and asphalt can be a key hazard, causing burn injuries and other serious injuries. There are many ways that these substances can be dangerous:

1) Skin contact with the hot liquids can cause serious burn injuries. The substances can splash or spill when being applied, causing skin contact.

2) Many sites include ladders as well as hot asphalt and tar. Workers may need to carry containers of hot tar to get up on a roof, for example. If ladders are not adequately secured, workers may easily fall and sustain serious head or spinal cord injuries.

3) Slip and fall injuries are quite common. Freshly applied hot tar, for example, can be very slippery. It slowly becomes sticky. Stepping in hot tar or hot asphalt can cause a fall. As well, many building sites contain obstacles and trip hazards. Tripping on something and falling into hot asphalt or tar can cause severe injuries and burns.

4) Fire hazards are a common problem on sites using hot tar. Sites using hot tar use hot-luggers and kettles to prepare the substance. The fumes from this equipment is flammable if it comes into contact with a spark. The risk of fire can be minimized by keeping the temperature of hot tar below 534 °F.

5) Burns involving hot tar or asphalt can be very severe. These substances tend to solidify on the skin, causing severe damage. The chemicals in these products can also cause severe eye damage if the substance comes into contact with the eye.

If you are bicycling through or near construction sites, you face a number of added obstacles and hazards. Construction sites may have uneven ground which can lead you to fall off your bicycle and sustain a head injury or a broken bone. Construction sites may also cause you to collide with workers or pieces of equipment. Here are some ways you can help prevent this type of accident and the personal injuries it can cause:

1) Plan ahead. Read about construction projects in your area online or in the newspaper. Your State Department of Transportation website may also list construction sites. Consider planning a route which does not take you past a construction site. This is often your safest option.

2) If you drive past a construction site, take stock. If you cannot avoid a construction site, evaluate the situation as you approach. Is there a detour for bicycle? Is there a “Road Closed to Bicycles” sign? Respect all signs and detours. If there are no detours or signs prohibiting bicycles, you may pass through the site, using some extra caution.

3) As you approach a construction site, look for flagmen and workers. Make sure that these workers can see you. They may stop you and ask you where you are headed. Be pleasant, but if you are barred from passing, speak to the Resident Engineer or the Project Safety Coordinator to handle things.

4) Hope off your bike if you are in doubt. This is a safer option if a construction site is very complex. Make sure that equipment operators can see you. Make eye contact. If you hear and see that a truck or piece of equipment is back up, move out of the way.

5) Obey the rules. Even if you don’t agree with signs or rules, do not assume that just because your bicycle is small that you can go anywhere. Signs and rules are there to protect you, too, so do not ride your bicycle where you are forbidden. If a construction site seems to have unreasonable rules, complain to the city.

After the disaster of September 11 and the security scare this past Christmas, more people are worried about aviation accidents caused not by pilot error or plane malfunction, but rather threats caused by security problems. There are many things you can do to help minimize your risk of being affected by an aviation accident caused by a security threat:

1) Report odd activity. If you see anything at an airport or on an airplane which might be in violation of security procedures or which may be a threat, bring it to the attention of someone in charge at once. At the same time, be careful not to stereotype. Anyone of any nationality, gender, or age can pose a threat.

2) Stay alert. Take notice of the people and items around you. Keeping your eyes open ensures you may see anything out of place. Staying alert also ensures that you will be able to react quickly to help prevent disaster and possible personal injury.

3) Protect yourself first. If you see a suspicious unattended package, unusual behavior, or an unusual commotion, move away first and try to get others to safety. Then, contact authorities for help. Getting in the way can hamper authorities’ efforts and can get you injured as well.

4) Stay in your seat while on the plane. While you are on the aircraft, remain in your seat with your seatbelt fastened for most of the flight. Only stand up occasionally when you need to use the washroom or stretch your legs. You are safest with your seatbelt fastened in case the airplane makes unexpected maneuvers to deal with a threat.

5) Know the airplane. On your airplane, listen to the safety procedures outlined by flight attendants. This will keep safety procedures fresh in your mind in case you need to use them at some point. It will also ensure that you know where the emergency exits are in the event that you need to use them. If there is an emergency on board, listen to the flight attendants, who will provide you with directions on how to stay safe.

6) Do not use wireless devices unless it is an emergency. You are not allowed to use wireless devices right before takeoff until the end of the flight. If an emergency occurs on board, however, evaluate the situation and decide whether you need to call for help.

Recently, there has been a great deal of information in the news about distracted driving. A number of news stories have reported on the dangers of driving while texting or talking on cell phones. The Oprah Winfrey Show featured distracted driving in a bid to send the message that texting and cell phone use while driving causes car accidents and other accidents. There are even groups calling for new legislation which would ban mobile device use in cars across the country.

There is no doubt that distracted driving is a major danger on our streets and can also lead to pedestrian accidents and bicycle accidents. Distracted drivers don’t just hit inanimate objects and other cars. In some cases, they hit pedestrians and bicyclists. Since bicyclists are not protected by a layer of metal and glass, the way drivers are, they are more likely to sustain serious head injuries, spinal cord injuries, and other injuries which may prove permanent or fatal. When distracted drivers collide with bicyclists, the results are often deadly.

While much has been said and written about distracted driving, however, less has been said about distracted bicyclists. While drivers need to avoid distracted driving to keep themselves, pedestrians, bicyclists, and other drivers safe, bicyclists also have a responsibility to keep themselves safe by not getting distracted when riding. Unfortunately, the message about distracted bicyclists is not being made as forcefully.

Many bicyclists feel that they can ride a bicycle while listening to music, talking on a cell phone, or even texting. In fact, some bicyclists may feel that this is safer than distracted driving because bicyclists are not in a car, which can cause a lot of damage in an accident. As well, many bicyclists see bicycling as a form of exercise and like to have music available while exercising.

Unfortunately, distracted bicyclists can be just as dangerous as distracted motorists. Bicyclists need to keep their eyes and ears fully on the road at all times, in order to hear and see clearly everything that is happening around them. Bicyclists need to be ready to respond quickly to changing road conditions and traffic conditions, especially when sharing roads with cars.

Distracted bicyclists who are not paying attention may veer into cars, bicycles, pedestrians, or other bicyclists. They can even cause an accident if a car swerves to avoid them. Bicyclists who are using a mobile device may keep only one hand on the handlebars, which can cause them to have trouble braking if they need to brake suddenly. It’s time to get the message out: distracted bicyclists can cause harm, just as distracted drivers can. Whether you are operating a motorcycle, bicycle, car truck, bus, train, or any form of transportation, you need to avoid distractions. It’s the only way to keep our streets and roads truly safe.

Safety rules for medical helicopters may tighten after 2008 saw an increase in the number of aviation accidents involving medical helicopters. Medical helicopters are designed to help save lives. When patients in remote areas need to be airlifted to hospitals or when patients need to be transported quickly to a facility with specialized care, medical helicopters can help.

According to the National Transportation Safety Board, there are 750 medical helicopters in use across the country. When an accident takes place with one of these helicopters, serious spinal cord injuries, fatalities, and brain injuries can result. The National Transportation Safety Board (NTSB) reports that aviation accidents involving medical helicopters claimed seven lives in 2007. In 2008, that number had climbed to twenty-nine, prompting concerns about safety regulations.

There are many theories for the increase in accidents. Some claim that the number of medical helicopters has increased in the past few years, also increasing the risk. Some experts allege that medical helicopters require more equipment to be safe. For example, night-vision goggles, some allege, could help reduce accident rates. As well, the conditions in which medical helicopters must fly is often a consideration. Since medical helicopters must fly to emergencies, they must often fly through storms and clouds which delay other flights.

In 2009, the NTSB conducted hearings about medical helicopters and their accident rates. As a result of those hearings, operators of medical helicopters may soon have more federal regulations governing them. The NTSB has suggested to the Federal Aviation Administration (FAA) that the FAA institute rules which would require night-vision goggles or devices on medical helicopters and would require additional training for pilots of medical helicopters. The NTSB has also recommended to the FAA that medical helicopters have flight data recorders on board as well. The Air Medical Operators Association as well as other groups support new legislation if it will help prevent accidents.

Besides changing rules for medical helicopters and their crews, legislation may be reconsidered for emergency crews. When medical helicopters land at their destinations, emergency crews – including ambulance drivers and fire departments – are usually standing by to help. These crews are responsible for directing the medical helicopters to a safe place on the ground that is free from uneven terrain, wires, and any other dangers. Currently, emergency crews are given classes about landing zones. Further training might help emergency crews help medical helicopters even more.

Accidental death or wrongful death suits occur when someone kills someone else through negligence or a willful act. For example, if a fatality occurs in a drunk driving accident, the family of the victim may pursue a wrongful death suit against the drunk driver. Statues govern the areas of law associated with accidental death suits. Every state has some form of accidental death legislation. These statutes were originally created to help orphans and widows who were left financially ruined after an accidental death. The statutes also aim to prevent preventable accidents and willful acts that lead to personal injury and fatalities.

Unfortunately, decisions about accidental death suits must often be made after a big loss, usually when families feel least able to confront such large legal matters. Hiring a qualified Florida personal injury attorney in such a situation is important. A caring attorney can advise you of your rights and options and can guide you through the process if you decide to seek action.

It is important to realize that accidental death lawsuits are completely separate from criminal proceedings. Even if someone has been acquitted in a criminal court of law, a victim’s family may still seek a civil action. Do not assume that you do not have an accidental death suit unless you have spoken to a qualified Florida personal injury attorney.

Accidental death cases may arise from intentional or unintended actions. If someone causes a head injury that eventually results in death, that can result in an accidental death lawsuit. If someone inadvertently causes a car accident that leads to a fatality, this can also lead to an accidental death lawsuit. However, an accidental death lawsuit can not be filed in cases where an unborn child is killed. If someone causes an accident which results in a woman losing her unborn child, a wrongful death suit cannot occur. However, if the woman gives birth to the child and the child later dies, then an accidental death lawsuit may result.

There are many guidelines as to who can file an accidental death lawsuit. Generally, a victim’s children, surviving wife or husband or next of kin can seek a wrongful death action. In some cases, children may sue only if they are not adults. In some cases, as well, parents can only sue if their children are unmarried and still financially dependant. Much depends on the specific jurisdiction in which a case is filed.

There is a family immunity, which prevents some family members from suing other family members for wrongful death. For example, a minor child cannot usually sue a parent for a wrongful death. This rule ensures that insurance companies do not have to pay multiple family members for the same accident.

In addition to family immunity, accidental death cases may be affected by sovereign immunity, which allows governments to be protected against lawsuits. Most states have waived this right in most cases, so that people may sue governments for negligence. However, sovereign immunity remains in the sense that there is a strict statute of limitations. This means that if a government has caused a death, in most cases the family has only a short period of time to file a claim.

A number of news stories have been reported in Florida recently about asbestos. Earlier this month, for example, he Cass Street Bridge in Tampa was reopened after it was closed for months for asbestos removal. Employees working on a highway construction site close to Fort Myers found very large quantities of asbestos at the site as well as concrete that was laced with asbestos. Ocala City Hall closed late last year after mold and asbestos was found in the building.

The asbestos cases resulted in one investigation, against a construction company. Posen Construction, working on the Summerlin overpass, was accused of using asbestos illegally after large amounts of the substance were found at the site. The Florida Department of Environmental Protection stopped the company from proceeding on the project while an investigation took place. The filler used in the project is allegedly made with a high amount of asbestos, and the county is blaming the construction company for the asbestos. If an illegal amount of asbestos is found at the site, it will have to be removed, although it is not yet clear who would be responsible for the costs.

The news highlights the prevalence of asbestos in our cities and towns. The substance was once used quite commonly because it was a fire retardant and was considered a safe building material. However, research showed that asbestos exposure leads to a form of cancer known as Mesothelioma as well as to other personal injuries and ailments. Today, many people who develop Mesothelioma or other serous ailments as a result of asbestos exposure seek help from the courts to get the financial resources they need for medical care. Companies are often eager to blame others – manufacturers or subcontractors – when asbestos contamination is found. This can make it hard for victims to recover the compensation they are entitled to by law.

Another problem, according to experts, is a lax attitude about asbestos on the part of lawmakers. In 1989, the Asbestos Ban and Phase Out Rule was created to eventually ban asbestos. However, the legislation was overturned. While the US has strict rules about the use of asbestos, it does not have a ban, like many countries do. This makes it legal to use asbestos in some applications and some projects (including road construction). Some experts believe that since asbestos has been proven so unsafe, a full ban is more practical.

If asbestos were banned outright, for example, much of the controversy in the Summerlin overpass project would not have taken place. The contractors would not be permitted to place any asbestos anywhere at the site and there would be no question over legal limits or cleanup. Experts also note that while there are strict guidelines for asbestos use in place, allowing even some asbestos to be used sends the wrong message. As well, even small amounts of exposure can lead to health problems, further suggesting a complete ban might be ideal.