Florida Injury Lawyer Blog

Bicycle accidents claim many lives in Florida and across the country each year. Unfortunately, bicycle accidents have a tendency to be severe because bicyclists are often unprotected on a bicycle while drivers in cars are encased in metal. When a large truck or car hits a bicyclists it is inevitable that injuries will occur, especially since cars and trucks tend to drive much faster than bicycles. Bicycle accidents can result in spinal cord injuries, broken bones, fatalities, brain injuries, and other types of sever injuries. To avoid these injuries, bicyclists need to obey the rules of the road, just like the drivers of any other vehicles. They also need to:

*Stay alert. Being aware of other vehicles around you and being prepared to move quickly out of the way of those vehicles is the best way to avoid injuries. Avoid daydreaming while riding and really focus on the road.

*Obey traffic signs and signals. It is your legal obligation to do so, and these rules are in place to protect you, in any event. Failing to obey the rules of the road can not only lead to an accident, but it can make you responsible for the injuries and damage.

*Drive like any other vehicle. Do not ride against traffic or pass on the right – motorists are not looking for vehicles on the wrong side of the road or on the right. Drive with traffic and like every other motorist – it is more likely that cars will see you and be able to react to you.

*Wear the right gear. Wear comfortable clothing that is snug enough so that it will not catch on your gears or distract you as you ride. Make sure that you have a proper helmet as well as clothes that are comfortable for the weather. You don’t want to be so focused on being too warm that you find yourself in an accident. Never wear headphones or a Bluetooth. Both will distract you and slow your response times. Always wear brightly-colored clothing so that motorists can see you.

*Keep both hands prepared to brake. If you brake one-handed you may not stop in time, especially if you are trying to brake in the rain.

*Use hand signals. Hand signals let drivers know what you about to do.

Continue reading "Safety Tips for Preventing Florida Bicycle Accidents" »

A very common injury to minors and children that most Florida parents do not even consider occurs when children’s clothing catches on fire, causing burn injuries. Clothing can burn when it comes into contact with high heat or an open flame. Sometimes, even a spark can cause clothes to burn. Children and adults can come into contact with cigarettes, candles, space heaters, grills, and flammable liquids, all of which can cause clothes to go up in flames. Children will sometimes play with matches and accidentally light their clothes on fire.

Children are especially vulnerable to injuries from flammable clothes because their clothing is often made of soft, thin fabric that easily burns – flannel and cotton. Unlike adults, children who find that their clothes are on fire may panic and might not know to “stop, drop, and roll.” Plus, children’s clothing tends to have a much smaller surface area, which means that flame can envelop the clothes – and the children – very quickly.

In some cases, flammable children’s clothing is a products liability issue. The Consumer Product Safety Commission oversees fabric flammability regulations. There are strict U. S. Consumer Product Safety Commission standards under the Flammable Fabrics Act that are meant to protect consumers from injuries caused by flammable clothing. However, not every imported fabric or item of clothing meets the standards.

The Flammable Fabrics Act prevents dangerously flammable clothing from being imported or sold. The Consumer Products Safety Commission runs tests to determine the safety of various clothing items and fabrics and recalls any clothing that fails a flammability test. Children’s sleepwear and mattresses and mattress pads have a stricter test they must pass in order to gain approval by the Consumer Products Safety Commission. However, the Consumer Products Safety Commission is not always able to test all products in time and injuries still can result.

Parents can keep their children safe by examining fabrics and clothing for safety. Read the label – some fabrics are clearly marked as being tested. Also, select snugger fitting clothing for children. It is less likely to go up in flame so fast. Children three and older can be taught to stop, drop, and roll. Practice with children so that they know what to do. The best prevention, of course, is to make sure that children are not at risk of burn injuries. Keep flammable liquids, matches, and lighters well out of children’s reach and supervise children to ensure that they do not play with fire. Check space heaters and other appliances to ensure that they are in good shape and do not give off too much heat. Make sure that heaters and other household appliances have not been recalled due to fire hazard. Any recalled products should be returned to the store at once.

Continue reading "A Common Injury to Minors and Children – Injuries From Flammable Clothing" »

If you have sustained a head or brain injury – even if it is a minor one – it is important to visit the nearest emergency room for evaluation. Sometimes, even seemingly minor injuries can mean big problems later. If your injury has occurred as a result of a workplace accident, aviation accident, boating accident, car accident, or some other situation in which others were involved, visiting an emergency room starts the process of documenting your injuries. If you need insurance or compensation later, this documentation will be invaluable. Without it, you may end up paying all your injury-related costs out of your own pocket.

Once you are released from the hospital, you need to continue to evaluate your condition. Unfortunately, many medical malpractice cases in Florida and across the country are the result of errors in the emergency room. A physician may release you before you are ready, causing more injury.

After your injury, you may not be able to remember the events that led up to your head injury or you may feel more easily tired that is usual for you. Your may experience some trouble concentrating or you may suffer from dizziness or headaches. You may have trouble performing simple tasks or you may experience mood changes. If any of these symptoms occur suddenly or seem severe, seek medical treatment right away. Be sure to tell your doctor about all the symptoms you are experiencing. If symptoms last more than a few days, seek medical help right away.

If you experience vomiting, sever headaches, memory problems, blackouts, spasms or seizure, neck stiffness, vision problems, dizziness, confusion, slurred speech, or unusual behavior, seek emergency help right away, even if you have already been checked by a physician. Similarly, if you are having trouble staying awake or have blood or fluid coming from your ears or nose, go to the nearest emergency room. If you have tingling, numbness, weakness, or pins and needles in your limbs, visit the emergency room. All these symptoms can be a sign of problems and should be evaluated right away.

It is important not to return to normal activities – especially sports and physical labor – until you have recovered completely from a brain injury. This is because your thinking and reaction times are slower after this sort of injury, making a second injury more likely. If it is taking you some time to recover from a brain injury, be sure to seek a doctor’s help. If you feel that your doctor is not attentive to worrying symptoms, seek a second opinion.

Continue reading "After You Have Been Released From the Hospital Following a Brain Injury" »

The brain is a soft organ, protected by the facial bones and skull. Unfortunately, the protective covering of the brain can become a problem in the event of an aviation accident, sporting injury, car accident, or other situation in which a knock to the head or a sudden jolt causes the brain to move around and hit the hard bone surfaces. In these cases, the brain can swell and bleed, leading to brain injury.

Brain injuries occur to many victims each year in Florida and across the country. If you suffer a brain injury – even a seemingly minor injury such as a mild concussion – it is important to seek help right away. Concussions are the most common type of head injury, but even these common injuries can cause memory loss, pain, and other problems.

Any time you or a loved one sustains a head injury – even a seemingly minor one – it is important to seek medical attention right away. This is important because it is hard to evaluate the seriousness of this type of injury. When you visit the emergency department of a hospital for your injury, you can expect that you will be placed under observation and given painkillers if you are in pain or tablets for any nausea or vomiting you may be experiencing. You may be given an x-ray or a CT scan to help doctors diagnose your injuries.

It is important to follow any directions you are given to you by doctors. Until a doctor tells you otherwise, avoid eating or drinking. Some tests you may need will require an empty stomach. If you are not sure whether you can eat or drink, ask the doctor looking after your case. Be sure to tell the doctor which medications you are currently taking. If you are taking specific types of medications – such as sedatives – you might need to suspend their use for a little while after your injury.

Once you are released after having your injury looked after, avoid driving home. Call a taxi or ask someone to drive you home. Make sure that someone can stay with you for at least the first 24 hours after your head injury. If you suddenly get worse or need help, it will be useful for you to have someone nearby who can call for help.

Once you arrive home, rest and relax for at least a day or two to give your body a chance to recover. Be especially careful to avoid any activities that might cause a second head injury. A secondary brain injury – even a minor one – when you already have a minor brain injury can result in complications. If there are any areas of your head that are painful or swollen, apply icepacks. Unless your doctor has told you otherwise, do not eat or drink in the first six to twelve hours after your injury. When you can eat again, do so in moderation and avoid alcohol for another 24 hours after your injury.

Many passengers assume that there is nothing they can do to prevent airplane accidents or the serious injuries – ranging from spinal cord injuries to head injuries – which often result from these crashes. While most passengers have little control over airplane maintenance or the actions of the air crew, though, there are several things they can do to reduce the possible injuries that can result from an airplane accident:

1) Stick with larger planes and established airlines. Small planes, newer companies and casual flights at fairs or other events simply have more unknowns and carry more risks. Larger airlines have a reputation to uphold and often screen their crews and monitor their plane conditions more carefully as a result.

2) Listen to the pre-flight safety information and read the safety data card in the seat pocket in front of you before every flight. If you fly often, it may be tempting to zone out during the safety information session, but reviewing safety information each time is important, experts claim, since it ensures that all safety information is fresh in your mind.

3) Plan ahead. Determine where your closest emergency exits are and count the number of seats you would have to move forward and back to find the exits. In case of an emergency, the cabin might be clouded with smoke, so planning ahead can ensure that you can find the exists even in the dark..

4) Wear appropriate clothes on a flight. When dressing for travel, opt for comfortable, roomy clothing made from natural fibers such as wool, cotton, denim, and leather. Tight clothing can restrict your movements and make it harder for you to evacuate the aircraft while synthetic fibers such as nylon, rayon, and polyester are easily flammable and melt easily in high heat, increasing your chance of burn injuries in case there is a fire. Nylon fibers in hosiery can especially lead to melting and burn injury, since the fabric in hosiery is so thin. Therefore, it might be a good idea to avoid tights, pantyhose, and other hosiery on a flight. When selecting clothing, also consider long pants and long sleeves, which cover extremities and provide you with some protection. When selecting footwear, choose canvas or leather low-heeled laced or strapped shoes, boots, or sports shoes. Sandals and high-heeled shoes cannot be worn on an escape slide and removing your shoes leaves your feet vulnerable to injury and slows your emergency departure from the airplane.

5) Stay in your seat with your seatbelt on. Turbulence is the most common problem that passengers experience and it is usually unpredicted. Many flights experience at least some turbulence and it is the leading cause of injuries on airlines. Each year, about 58 airline passengers across the country are injured because they were not wearing seat belts when turbulence occurred on a flight.

Car accidents cause many injuries each year, from minor injuries such as broken bones to permanent injuries such as burn injuries and spinal cord injuries. Everyone wants to avoid car accidents in Florida, but many of the tips offered in order to prevent crashes are fairly obvious advice. Here are some expert tips that can really help you in avoiding a car accident in the future:

1) Think ahead. Many drivers keep an eye on the car in front of them, but moving your eyes periodically to the car in front of the car in front of you lets you see potential problems – and react to them – sooner. This simple habit can help you avoid rear-ending another car.

2) Stick to the center or right lane. The “fast lane” gives you fewer options for switching lanes and also gives you less time to respond. That’s one reason why many highway accidents take place in the left lane.

3) Keep your hands on the 9 and 3 o'clock position on the wheel, as you were taught in driver’s education. This helps you maintain best vehicle control. If you are in a possible accident situation and your hands are on the 9 and 3 o'clock position you will have an easier time responding quickly to avoid the accident.

4) Consider your blind spots. After adjusting your side mirrors and rearview mirror as precisely as you can, be sure that you still turn around to look into lanes beside you. Also, consider the blind spots of cars around you – you may be able to see them, but they might not be looking or turning around to check their blind spots.

5) Look out for cars that are drifting in the lane. Drivers in such cars may be tired, distracted, or intoxicated. Steer clear of these drivers or at least keep an eye out for sudden lane changes or other dangerous behavior.

6) Move your seat closer to the steering wheel – position it so that your wrist could rest on the top of the wheel if your arm were outstretched and your back was against the seat. This is the wheel position that race car drivers use, because it allows them to make evasive manoeuvres. This wheel position can help you if you need to act fast to avoid a car accident.

7) Keep your car in good condition. Check the manufacturer's recommended maintenance schedule and follow it. It may cost a little more, but it can save your life in the event of an accident. A car in poor repair simply will not respond the way you need it to in an accident.

Continue reading "Top Tips to Prevent a Florida Car Accident" »

There are many types of injuries to minors and children. Some result from playground accidents or childhood accidents, but perhaps the more insidious injuries occur because someone deliberately harms a child. No parent wants to consider abduction as a possibility, but each in Florida and across the country, child abduction can occur.

Child abduction creates many hazards for a child. If a child is abducted by a stranger, that stranger obviously does not usually have the child’s best interests at heart. The abductor may harm the child intentionally. Even in custody cases where a parent abducts a child from a custodial parent, though, injuries can occur. The abducting parent may be distracted and may get into a car accident while trying to leave with the child, for example. The parent may even be neglectful accidentally, due to the stress of trying to conceal his or her whereabouts.

According to The United States Department of Justice, 49% of all child kidnappings are committed by a relative, often a parent. 27% of all child kidnappings are committed by someone the child knows. The United States Department of Justice reports that parents can help reduce the possibility of kidnapping by:

1) Supervising children. Most abductions (60%) occur in public areas such as playgrounds, school yards, and trails. Supervising children outside the home can ensure that abductions are less likely to occur.

2) Teaching children to avoid some of the common tricks that perpetrators use. Strangers will often offer a bribe, lie about an emergency, ask for help, or pose as someone in authority in order to lure a child away. Act out these possible scenarios with your children and teach them what they can do in each case to stay safe. Teach your children what police cars and police officer uniforms look like. Show your child how to stand out of reaching distance when offering directions. Teach your child to run away from a car in the opposite way it is pointed in.

3) Have a secret code word that you tell your child not to tell anyone. Tell your child that if you ever need an adult to find them and pick them up, that adult will be told the keyword. Instruct your child to never go home with an adult who does not know that secret word.

4) Select babysitters and other child caretakers carefully. Choose trustworthy caretakers and check their backgrounds to ensure that your child will be safe in their care. Always check references and hire a new caretaker if you have any nagging doubts.

5) Be prepared. Even if you take every precaution, you cannot prevent every problem. Being able to respond quickly if you think your child is abducted can ensure that your child is returned to you sooner. To that end, make sure that you take pictures of your child at least every six months. Keep these photos in your wallet and at home. Keep a complete written description on your child at home. This should include height, weight, hair and eye color, and any distinguishing features. If your child is missing, you don’t want to overlook anything important. Make sure your child’s dentist maintains current dental records for your child and keep copies if your child’s fingerprints as well.

If you have been in a car accident that has resulted in burn injuries, broken limbs, property damage, brain injury, or other serious injuries, you may not be fully protected by your insurance provider. You may need to follow these tips to ensure that you are truly covered:

1) Treat all accidents as serious accidents. Even a minor fender bender can leave you with pain for months as well as lost wages. Always file a police report and exchange information with the other driver as well as any possible witnesses.

2) Contact your insurance company very soon after the accident, even if you do not want to make a claim. If you think that the other driver was at fault, contact the driver’s insurance provider as well. Contacting your insurance company and the other insurance company ensures that you can still make a claim if you notice an accident-related injury or some property damage after the fact. If there is a problem or disagreement about fault in the accident, file your claim with your insurance provider. Your insurance company will work out fault with the other company.

3) If your car has sustained damage, ask for reimbursement for a rental car or a rental car. Make sure that you get a car that is similar to your own. You should not have to pay for transportation or drive a junker if you have coverage. Also, if your insurance company asks you to take your vehicle to the insurer's preferred auto shop, make sure that there is a lifetime guarantee on the repairs to prevent disputes over shoddy work.

4) Eventually, the insurer will want to be released of final responsibility. You should only agree to this when you are perfectly sure that your car is fully fixed and you have found and fixed all problems related to the accident. If you notice any problems after you release your insurance company of final responsibility, you will need to pay for the repairs yourself. You may wish to hire an independent company to evaluate your car after repairs to ensure that the car is in good working order. After all, you might not be able to see unfinished repairs and other dangerous problems yourself.

5) If your vehicle cannot be repaired, you may need to work harder to get a fair settlement. If you are looking at a large settlement, consider hiring a Florida attorney to represent you with your insurer. Resist accepting your insurer’s first offer.

Dog bite inhibition refers to teaching dogs to control the force of their bite. It is important that owners teach their puppies this skill during the first few months of life. In many cases, puppies learn bite inhibition naturally from their mother or other puppies. Mother dogs will push a puppy over or walk away if the puppy bites down while feeding. The puppy learns that he or she must not bite in order to get fed. When playing with other puppies, the puppy that bites too hard finds fewer playmates and more fights, and so learns to control biting.

In the first 2 to 4 months of life, if a puppy is with his mother or spends time with other puppies, bite inhibition will be learned. However, if your puppy is separated from its mother and littermates too soon, it may not learn about bite inhibition. Group obedience class and interaction with other dogs is one way to ensure that your puppy learns bite inhibition.

It is important to teach your puppy bite inhibition because you may be held liable if your dog injures someone. Additionally, a puppy that has not learned bite inhibition can be a serious threat to others. A dog that bites can cause serious personal injury and can even cause head injuries to children. If your dog bites someone, you may not only face legal problems, but you may lose your pet as well.

The problem with dog bites is that dogs can bite in play as well as in fear or anger. Dogs bite in aggression when they growl and act aggressively. However, they may also bite hard in play. This is because dogs use their mouths the way we use our hands – to interact and make contact with others. When they get too excited, they will sometimes bite down too hard, in much the same way that we sometimes get clumsy with our own hands. It is important that you teach your dog to not bite hard in play as well as in aggression. A bite inflicted during play can cause an injury just like a bite inflicted in aggression.

If you have a puppy, you can teach it to bite less by reacting like another puppy. If your puppy clamps down hard during play, let out a yelp and stop playing with the puppy. Walk away and ignore the puppy. Over time – it may take weeks – the puppy will learn to bite less and will bite less aggressively as well. This technique is good because it mimics the way puppies generally learn bite inhibition. Just make sure that everyone is consistent in using this technique with the puppy.

Another good option is to use only dog toys to play with your dog. This teaches your puppy not to see people’s hands as toys that can be bitten. Also, giving your dog toys allows your puppy to satisfy the desire to gnaw and chew in a safe way. If these methods do not work, seek professional help from a trainer.