Florida Injury Lawyer Blog

One type of common personal injury sustained by many Florida victims in car accidents and other accidents is whiplash. This is a soft tissue injury to the neck that is caused by sudden flexion and extension of the neck. While whiplash is not usually considered serious, it does cause injury to ligaments, discs, intervertebral joints, cervical muscles, and nerve roots.

It is important to always be checked for whiplash if you have been in an automobile accident. This is especially important since the symptoms and signs of whiplash may not appear for several days until after the accident. Is also important to get a physical examination after any sort of possible injury to the neck area, because whiplash can cause serious symptoms that can affect your ability to work or go about your daily tasks.

Whiplash can cause neck stiffness, myofascial injuries, headache, dizziness, and shoulder or back pain. Some sufferers of whiplash also experience concentration impairment, problems sleeping, depression, fatigue, memory loss, and other like symptoms. These symptoms are serious and can cause acute suffering if not treated. Also, those who have been victims of whiplash also need to be examined for mild traumatic brain injury, which is sometimes overlooked in head injuries.

Whiplash is often treated with pain medications, anti-inflammatory drugs, antidepressants, muscle relaxants, and a cervical collar. The collar may need to be worn for a few weeks and it can impede movement. In addition to this, patients may be required to take physical therapy or other treatments. Many patients take three months to recover, although many patients continue to have headaches and neck pain for some time afterwards.

Some patients experience pain and suffering as well as hampered movement for quite some time after suffering from whiplash. If you have experienced whiplash as a result of an accident, you should seek help at once. Since your injury may hamper your lifestyle and cost you a great deal in medical bills you may wish to seek help from qualified Florida attorney in order to get the help you need in order to recover fully.

During summer in Florida, many children who are not attending school or summer camp spend countless hours outside, playing and participating in sports. This means that there are a number of common injuries to minors and children that take place during this time. Sports injuries, such as sprains, are very common at this time of year. Parents should know what to do to prevent and treat such sports-related injuries.

A sprain, one of the more common playground and sport related injuries, is an injury which tears or stretches a ligament. The ligament is the tissue that connects bones at a joint. Many things can cause this type of injury. Car accidents, getting hit with a ball, slip and fall accidents, twisting a limb, all can cause the ligaments around the joint to tear or stretch. In many cases, sprains are to the ankles, wrists, and thumbs, although any ligaments can be affected.

Your child may have a sprain if they display the following symptoms: bruising, pain, swelling, and inability to move to the joint. A sprain can be severe, moderate, or mild. In some cases, the injured party may feel a tear or pop when the injury occurs.

Another injury common to minors and children playing sports is a strain. This type of injury occurs when the tissue that connects muscle to bone is torn or stretched. Again, this injury is often caused by falling, twisting, and other similar accidents. However, strains can also occur when muscles are overtaxed, through heavy lifting and other strenuous activity. The signs and symptoms of a strained include muscle spasms, muscle weakness, cramping, swelling, stiffness in the muscle, and pain.

In both cases parents should take their children in to see a doctor in order to evaluate the injury. Even relatively minor sports injuries should be investigated, since they may require doctor supervision in order to heal properly. Doctors often recommend that for strains and sprains, the injured area should be rested. Ice may be recommended on the injury for of 20 minutes at a time, 4 to 8 times a day. Some entries require special bandages casts, splints, boots, or other items in order to squeeze the injury and allow the muscle or ligament to heal properly. Your physician may also recommend medicine in order to ease the pain.

Doctors recommend that in order to avoid sports related injuries to minors and children, parents should ensure that children only exercise when they're in good physical shape and well rested. Maintaining a healthy weight, exercising regularly, and maintaining a well-balanced diet also ensures that muscles, bones, and ligaments are strong and healthy. Proper shoes, protective equipment, and a play area that is flat and well-maintained can also help reduce injuries. Warm-ups after sports and cool-down periods after physical activity can also prevent unnecessary strain on ligaments and muscles, according to the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS).

According to the University of Missouri, almost 2 million people are treated annually for burns in the US. Of these, about 112 000 cases are scald burns caused by hot water. Although many people associate burn injuries with fires, the National Safety Council reports that the US has the highest rate of burns in the industrialized world, and a good portion of those burns are caused by something as simple as hot water.

According to Safe Kids Coalition, about 37,000 of scald burn victims are 14 years of age or under, and about 18,000 scald victims are 5 or under. Reports note that when it comes to scald injuries to minors and children, the culprit is often as simple as hot baths. The University of Missouri reports that about half of childhood scald injuries occur because parents place their children in bath water that is too hot. In some cases, though, scalding occurs because children turn on the faucet or because they fall into water that is too hot. Some scalding are the result of child abuse.

Since children have thinner skin, they can burn faster. In fact, burns are the second leading cause of death for children between the ages of 0 and 5, according to some reports. Each day, across the country, 300 children are admitted to emergency rooms for scalds and burn injuries caused by hot water. Each year, 3000 of these patients require hospitalization for their injuries.

Water heaters may be a culprit. Most heaters are automatically set at 140 to 150 degrees Fahrenheit. A child placed in water that is 150 degrees will develop third degree burns in 2 seconds after submersion. At 140 degrees, it will take 5 seconds to develop the same injuries. If the water is at 130 degrees, it will take the child 30 seconds to develop third degree burns. In cases where a product defect is making the water hot, the water temperature of a household may be even hotter.

Experts suggest that parents turn down the water temperature of their water heaters. It is best to check the heater in the morning, before the hot water has been used. To test the warmth of the water, turn on a hot water tap for two minutes and hold a candy or outdoor thermometer in the stream of water. If the temperature is higher than 120 or 125 degrees, turn down the water heater thermostat. Wait 24 hours and retest the water. If you are unable to bring down the heat of your water, call a professional. You may have a defective product or mechanical problem with your heater.

Those people who are injured as a result of a direct blow to the head or a car accident are often checked for traumatic brain injury (TBI). In many cases, TBI can be diagnosed shortly after the injury and because doctors are looking for the injury, they are more likely to find it. However, mild traumatic brain injury (MTBI) is often overlooked. Often caused by less obvious head injuries, MTBI is a personal injury that causes devastation in many lives.

One reason why MTBI is often overlooked is because the symptoms are so mild. Victims of this type of injury may experience short-term memory loss, brief loss of consciousness, focal neurological deficits, and an altered mental state at the time of the injury. A brief time after the accident or injury, the patient may seem to be physically fine and this leads many patients and physicians to assume that all is well.

MTBI, however, is a serious medical problem. Sufferers may experience changes in cognitive abilities, personality changes, depression, and other serious symptoms. MTBI can cause blurry vision, double vision, difficulties with coordination, balance, and motor skills. It can also impact strength and endurance and can cause headaches, seizures, and ringing in the ears.

Just like traumatic brain injury, MTBI may require a long term rehabilitation. A person with this injury may need to practice motor skills, get speech and communication help and may need help adjusting to a different cognitive ability. During the recovery process, the patient may suffer from depression and frustration, which can make recovery even more difficult.

Plus, since MTBI can affect cognitive and speech ability, MTBI patients may not be able to return to work. They may experience loss of income as they realize that the tasks that came easily to them before now pose a major challenge.

Although MTBI can affect a person’s lifetime, the fact that the injury is often overlooked creates a serious problem. Many victims face considerable medical bills but have trouble convincing insurance companies that they have been injured and have a serious claim to make. For MTBI patients, a good Florida attorney is a must. A good Florida lawyer can investigate the case and can work with the patient to get a fair settlement.

Each year, Florida personal injury attorneys see potential clients who have suffered serious injury due to a dog bite. These injury victims may face long recovery times, lost income, permanent injury or disfigurement, or huge hospital bills. Despite all this, many Florida lawyers see victims who have made mistakes that can impair their ability to make a claim. The actions that victims take immediately after a dog bite can help immensely when it is time to seek assistance, most attorneys agree. If you or a loved one is bitten by a dog, here are the steps that should be taken:

1) Seek safety. Always get out of a dangerous situation first. A dog that has inflicted even a minor wound can come back and continue to bite or attack, so seek shelter and safety first. Get away from the dog.

2) Try to identify the dog. Try to determine who owns the dog, take a picture of the animal, note the address where the attack took place, and get a good physical description of the dog. This is very important in case the dog may have rabies.

3) Do not get into an altercation with the dog owner. Many owners will defend their dogs and will simply suggest that you provoked the animal. Arguing will not help you.

4) Do not make any statements or sign any papers about the case. Insurance companies, the dog owner, or the property owner may put pressure on you to make a formal statement about happen. This may help them avoid liability for your injury. Never sign or say anything without an attorney’s representation.

5) File a police report. The authorities can investigate what has happened and can work to ensure that others are not injured by the same dog. A police report also starts a paper trail about the case.

6) Get medical help at once. Dog bites and dog-related injuries can get infected and can scar quite badly. Some dogs may have rabies or other illnesses. Getting help ensures that you won’t experience complications down the road.

Continue reading "Florida Dog Bites Are a Big Problem – Here’s What to Do if You are Affected" »

A traumatic brain injury can be one of the most devastating injuries that can be sustained in a car accident, boating accident, workplace injury, or other accident. Despite the fact that brain injuries cause debilitating injury for years and sometimes for a lifetime, many victims of such injuries are under-compensated or even not compensated at all for their injuries. This is because many injuries are slow to show symptoms and many victims delay seeking medical help, mistakenly assuming that a bump on the head is not serious.

Florida personal injury attorneys have seen this situation far too often. If you receive any head trauma or any bump on the head, please seek medical help at once. A doctor can properly diagnose your condition and can help you heal properly. If you do not seek medical help, you may simply not be able to convince an insurance claims adjuster that a brain injury was caused by an accident. This is a situation where it is much better to be safe than sorry.

If you have been in any sort of accident or have suffered any injury to your head, see a doctor at once. Report your injury or accident to your doctor and ask your health care provider to check for brain injury. Then, keep a sharp lookout for symptoms such as pain or bruising around the head, headaches, loss of memory, dizziness, ringing in the ears, bleeding in the ear canal, seepage of fluid from the ear canal, or any other symptoms.

If you develop any of these symptoms after an accident, see your doctor again, even if your physician has already told you that you do not appear to have an injury – sometimes, it can take time for symptoms of brain injury to appear. Sometimes, as well, doctors will overlook symptoms or will assume that no immediate symptoms mean no brain injury. Your best defense is to look for and report any suspect symptoms yourself.

Be especially alert for symptoms if you or a loved one have suffered seemingly minor injuries. While emergency room physicians and patients will often treat burn injuries, fractured bones, and other obvious personal injuries seriously, there is a tendency to minimize smaller injuries. Even low-speed car accidents or bumps on the head from slip and fall accidents can lead to traumatic brain injury, so be vigilant about symptoms.

Many people assume that traumatic brain injury can only occur with a direct blow to the head, but this is not the case. You should always be alert for the symptoms that can signal brain injury and seek medical help immediately if you or a loved one develops these symptoms. The fact is, traumatic brain injury (TBI) can occur even if the head is not hit directly. If the brain inside the skull is shaken and comes into direct contact with the skull, traumatic brain injury can occur. Brain damage can result from shaking, violent movement of the head, loss of oxygen, or even from poisoning or infection. If your head was whipped around in a car accident or other injury, if you have survived a near-drowning, or if you have experienced a loss of oxygen, you may be at risk of brain injury.

If you have suffered a personal injury, such as a head injury, burn injury, fractured bone, scarring, spinal cord injury, or other injury caused by someone’s negligence, you may need a good Florida lawyer to represent you. Even if you do not want to go to court, a Florida attorney can investigate the circumstances leading up to your injury and can negotiate on your behalf with insurance companies and other parties involved. An attorney can ensure that you are not given a lowball settlement that does not cover the costs of your injury. Remember, insurance companies make a larger profit when they profit under-compensate injury victims, so you are not likely to get a good settlement without an attorney.

When hiring an attorney for your personal injury case, keep in mind that many attorneys work on a contingency basis. This means that they will charge you no money up front. In fact, their only fee is a percentage of your final settlement. This means that you will not be facing a huge debt with a personal injury attorney. You will pay if and when you win your case or settle out of court. Plus, since the attorney is getting a percentage of your settlement, he or she is highly motivated to ensure that you get the best settlement possible

When selecting a personal injury lawyer, look for an attorney who has a record of success with cases such as yours. For example, if you have been in a boating accident, look for a Florida attorney who has been able to get good settlements for injured parties in boating accidents. An attorney familiar with cases such as yours will have the knowledge needed to take care of your case well.

Secondly, you will want to find an attorney you trust. Set up a free, no-obligation appointment with a Florida attorney if you can and ask plenty of questions. Make sure that your attorney listens to you and seems to take your concerns seriously. Work with the lawyer who makes you feel comfortable. During your consultation, ask where your attorney is based. Look for a Florida lawyer in your area who is familiar with local juries, judges, and laws.

When you meet with a personal injury attorney, ask about his or her areas of specialization and about previous cases he or she handled that were similar to yours. Ask who will be working on your case, how long the case might take, and whether the attorney works on a on a contingent fee basis. Ask whether there are things you can do to improve your case and how often you will contacted with updates about the case. Ask whether the attorney has ever been disciplined by an ethics committee or has ever been suspended from the practice of law. Ask about the attorney’s education and continuing education experiences. All these answers will give you a general idea of the attorney you are about to hire.

Continue reading "How to Hire a Personal Injury Attorney" »

Dog bites get a lot of media attention, especially when they cause injuries to minors and children. However, bites are not the only dog-related injuries that need to be considered. Each year, Florida attorneys see many personal injury cases related to dogs, and some of these do not involve bites. The fact is, dogs can knock people over, cause car accidents, upset bicycles, and can cause injury with their claws. In all these cases, owners can be held liable for the injuries their pets can cause.

Dogs that knock people over can cause serious injuries. In fact, being knocked over by a dog can cause some of the same serious injuries as a slip and fall accident. Victims can experience broken bones and even serious injuries such as spinal cord injuries and brain injuries. Plus, in many cases when a dog knocks someone down, the dog will climb up on the prone person. This can cause further injuries, and even internal injuries, especially if the dog is large.

Although dogs do not have sharp claws, they can claw or scratch people. Since large dogs often have more physical strength than a cat or other small animal, dog scratches can be deep and can lead to disfigurement. Some scratches require medical treatment and some can become infected.

Dogs can also be a danger on the road. Dogs will sometimes chase bicycles or cars, causing accidents on the road. Cars will sometimes swerve to avoid a dog, only to cause a fatal accident. Bicyclists also need to watch out for dogs that are not on a leash. Dogs will sometimes jump up on the handlebars or become tangled up in the wheels, causing an accident. Each year, road accidents caused by dogs result in fatalities and serious injuries.

You do not have to be bitten by a dog to have a personal injury case. If a dog has caused a personal injury that is costing you lost income or excessive medical expenses, you have a right under the law to seek legal help. A qualified Florida attorney can help ensure that you get all the assistance you are entitled to.

Dog bites affect thousands of people in Florida each year. Dog bites are a problem for both adults and children. They can lead to disfiguring personal injuries, permanent muscle injuries, and psychological trauma. In cases involving small children, dog bites can even prove fatal.

In the summer, dog bites in Florida can be a more common issue. The pleasant summer days can mean that more pet owners leave their dogs outdoors unattended and more people are out enjoying the excellent weather as well. This means that pets and humans come into contact more often, creating more opportunities for dog bites. Experts suggest a few basic guidelines to prevent dog bites:

1) Never assume that a dog will not bite. Even seemingly pleasant dogs will sometimes lash out. It is best to only pet a dog when the owner is present. It is also important to ask the owner's permission before trying to touch or pet a dog. The owner can warn you about a dog’s bad temperament or tendency to bite.

2) Do not make sudden moves around a dog. Once the owner is present and has given permission to touch or pet the dog, always approach the animal slowly. Always offer the back of your hand for the dog to sniff before attempting to make any contact.

3) Recognize bad times to pet or touch a dog. Never approach or attempt to touch a dog that is sleeping or eating. You may startle the animal into biting. Also, avoid approaching or touching a dog that has puppies. Dogs can be more prone to biting when they are disturbed while eating, sleeping, or nursing.

4) Never leave a child alone with a dog.

5) Know what behaviour can lead to biting. Avoid approaching a dog that is in a small or enclosed space. In this situation, your approach may seem threatening to the animal. Also, avoid staring into the dog’s eyes or engaging in rough play.

Continue reading "Florida Dog Bite Prevention Is Crucial in the Summer" »

Some personal injuries are serious but still leave the victim with a good chance of recovery. For example, someone who fractures a bone in a slip and fall accident may suffer injury and lost income, but may eventually recover fully and lead a normal, full life. On the other hand, some personal injuries are what can be called “catastrophic.” These injuries lead to long-term or permanent effect such as permanent disability, significant suffering, or a shorter lifespan.

If your personal injury seems very serious, it is important to seek help from a qualified Florida attorney who has experience with similar, serious injuries. A good attorney will often help you understand some of the long-term possibilities of a serious injury. For example, serious injuries to minors and children can mean repeated surgeries or treatments to accommodate growth, in addition to treatments for the injury itself. An injury in childhood may even affect normal development. Being able to foresee these medical expenses and problems can help you and your attorney get fair compensation and fair help.

Brain injuries and spinal cord injuries are two types of personal injury that often are catastrophic to an entire family. Someone who suffers a brain injury may require a lifetime of care and may even experience changes of personality, which may be very difficult for a family to deal with. A victim of spinal cord injury may lose motor function partly or completely. Present medical science is limited when it comes to spinal cord injuries. While in the future some medical advances may create more options for patients, right now patients may face a lifetime of disability.

Burn injuries not only require expensive cosmetic surgery – which is rarely covered by medical insurance – but can also leave permanent scars that cause serious trauma and upset. While a victim will sometimes get some compensation for the cosmetic treatments, he or she may not get help for therapy, even when it is needed. Some burn injuries also cause muscle or nerve damage that require years of rehabilitative work.

Obviously, injuries can cause terrible and expensive repercussions. Unfortunately, insurance does not always help. In fact, some of the most dangerous drivers out there are underinsured or carry no insurance at all. This means that if you are in a car accident and suffer a serious injury, you may not be able to get much help from insurance providers. Even in cases where insurance is in place, insurance companies will not simply give away all the money needed for long-term care. A good Florida attorney with personal injury experience is imperative to help juries understand the long-term costs and needs that face someone who has faced a serious injury.

Continue reading "What to Do When a Florida Personal Injury Case is “Catastrophic”" »

In a perfect world, anyone injured in a car accident would get immediate and full help with their injuries. Any driver whose negligence caused the injuries would be held responsible. As Florida attorneys know, however, the world is not perfect, and in some car accidents, victims have trouble getting the legal help they need. Even in cases where one driver was clearly negligent, certain issues can affect the income of a case:

1) Hit-and-run accidents. In cases where a driver does not stop at the accident scene, it is difficult to launch a lawsuit. The driver who left the scene must first be found and positively identified. Witnesses or evidence needs to be provided to prove that the driver left the scene of the accident.

2) Accidents involving bicycles and pedestrians. When a car strikes a pedestrian or bicyclist, the injuries to the pedestrian or bicyclist can be very severe. These sort of accidents have a high rate of fatality and many pedestrians and bicyclists struck by cars suffer serious injuries such as spinal cord injuries, bone fractures, and brain injuries. Despite this, injured parties often have a hard time making claims against drivers, since drivers will often attribute the accident to the behaviour of the pedestrian or bicyclist. Motorcycle drivers can face the same problems.

3) Accidents involving buses. Since buses often are used by large and well-insured companies, launching a claim is often difficult. The fact that passengers often do not wear seatbelts on buses also can complicate the case.

4) Car accidents caused by road conditions. In cases where road debris, road design or road condition causes an accident, it is often very challenging to prove who is at fault. In some cases, agencies responsible for road repair and maintenance may have immunity which limits lawsuits.

5) Vehicle Modifications. In cases where a car has been modified with powerful or tinted headlights, foglights, window tinting, or other modifications, these changes can affect the safety of the car. Despite this, proving that a car modification caused a car accident can be tricky.

Continue reading "Issues That Can Affect Florida Car Accident Claims" »

Automobile crashes – both minor and major – occur every day in Florida. Some are no more than small fender benders. In these accidents, damages are often covered by insurance. However, larger car crashes sometimes lead to serious injuries, including brain injuries, burn injuries, spinal cord injuries, permanent disability, and even death. In these cases, insurance often will only cover a fraction of the total cost of the accident. Victims of such accidents often need to turn to a good Florida attorney to get the help they are entitled to under the law.

According to studies, most car accidents are caused by driver errors such as disregard of traffic signs, failure to yield the right of way, following too closely behind another car, unsafe passing, and speeding. In these cases, distractions are often a contributing cause of accidents. When a driver is attempting to do something other than drive to when attention is distracted by something inside or outside the vehicle, a bad car crash can result.

Another common cause for car accidents has to do with a diver’s condition. If a driver drives while ill, for example, he or she may be too fuzzy-headed to respond to traffic correctly. If a driver drives while intoxicated, response times are often too slow for safety. Drivers who drive while very tired also run the risk of falling asleep at the wheel and causing a serious accident.

Environment plays a key role in some accidents. Bad weather can impair visibility, diminish traction and generally pose challenges for the driver. Poor roadway design or poor road maintenance can also add to the risks of car accidents. A driver is responsible for slowing down and taking extra precautions when the weather is bad. However, poor road conditions may be partly the fault of a city or government agency.

In some cases, vehicle defects can cause accidents or injury in an accident. Poorly designed or manufactured cars may be subject to tire blowouts, brake failure, rollover, or other problems. In a case where a passenger or driver is injured because of product defect, an attorney may need to pursue a case against the manufacturer of a vehicle or part of a vehicle or even against a service center that left a vehicle in dangerous condition.

Now that school is out in Florida, many children are dropped off at daycare centers, camp, babysitters, or other places of care. Many children are outdoors more often, and for many young ones, that means quality time on playgrounds. While playgrounds can be a fun way for children to stay active while enjoying plenty of fresh air, they can also be hazardous.

Each year in the United States, according to the Centers for Disease Control and Prevention (CDC), more than 200 000 children under the age of 14 years are treated for in emergency rooms for injuries sustained on playgrounds. These injuries can be severe, ranging from strangulation, brain injury, internal injuries, amputations, fractures, and spinal cord injuries. In fact, the CDC reports that about 45% of injuries sustained on playgrounds are severe.

According to the CDC, playground injuries can occur at school, at daycare, at camp and even at residential playgrounds. Although studies suggest that 75% of nonfatal playground-related injuries occur on public playgrounds, the CDC suggests that parents remain vigilant and check all toys and play areas where their children play.

In the ten years leading up to 2000, 147 young children across the country died from injuries sustained on the playground. Of these children, according to the CDC, 56% dies of strangulation and 20% died of falls.

Parents will want to ensure that children playing on swings, climbers and other playground equipment are always supervised. All equipment should be checked for safety before children are allowed to play. When installing playground equipment at home, parents should ensure that there is plenty of cushion under all equipment in case of falls. Parents should select equipment that has a good safety rating and should follow directions carefully when setting up and using the playground.