Florida Injury Lawyer Blog

While most bicyclists know the importance of wearing a helmet and following the rules of the road, there are some minor details which can help avoid accidents. Car-bicyclist accidents can cause serious brain damage, spinal cord injuries, broken bones, and other personal injury. In some cases, these accidents lead to fatalities, so it is important to pay attention to the little things that can affect your safety when you ride:

1) Wear goggles, a face shield, or plastic lenses as well as your helmet. Dirt, pebbles, wind, and insects can fly into your face and eyes when you bicycle, injuring you and causing you to veer of the road. Wearing proper eye protection ensures good visibility and protects your eyes.

2) Wear the right shoes. Do not bike with flip-flops, sandals, or laced shoes that can get caught up in your bike chain. Look for flat and thin-soled shoes with good treads so that your feet will not slip off the pedals. Wear shoes that wear well, and comfortable, and will not easily fall off your feet.

3) Know your limits. If you approach a busy street or a traffic situation that exceeds your biking abilities, get off your bicycle and walk your bicycle for a little bit until you get to a safer spot. When in doubt, walk your bike. If it’s been a while since you have been on a bicycle, stay on dedicated walking and biking trails until you gain some extra experience.

4) Yield to pedestrians when you’re biking on sidewalks or trails and when you’re pulling out from a driveway. When passing pedestrians, give a signal to let the pedestrian know you’re coming. Pedestrian accidents involving bicycles are a serious problem and can cause serious injury.

5) Keep your bicycle in good condition. You are less likely to fall off your bike and get injured if your bicycle is in good repair. A bike in poor condition can put a stop to your ride suddenly, and that can cause an accident.

Each year, almost 5000 children across America fall out of windows and experience either serious injuries or fatalities. About 28% of children who fall out of windows require at least a hospital stay. Window screens simply do not provide enough of a barrier – about 40-60% of children who fall out of windows fall out of windows that have screens.

Now that the weather is warmer, many people across Florida and the nation are throwing open their windows. Unfortunately, in homes with smaller children and toddlers, this simple act can result in serious and even permanent injury. Falls out of windows can result in beck injuries, abdominal injuries, brain injuries, and permanent disability. In cases where children land on a hard surface such as asphalt or concrete, the chances of severe injury and fatality are greater.

Most cases of falls out of windows occur in the spring and summer and the majority happen in a child’s home. Falls out of windows can be a concern in single-family homes. Even a fall out of a first or second-story window can cause serious injury. Obviously, falls out of high-rise apartment buildings tend to be especially tragic.

Parents can help prevent falls out of windows. The main preventative measure is good supervision. Most cases involving falls out of windows occurred when children were alone in the room. Keeping windows closed and keeping furniture away from windows so that children cannot climb to the windows are also good ideas.

Even with good supervision, accidents can happen. One good way to prevent this is by securing windows. Window screens are not adequate and will easily give way under the weight of a child. There are window guards and special safety screens that are available especially to keep children safe. These screens are effective when correctly installed and cost $20-30 in some cases. These screens are usually screwed right into the frame and many come with a safety latch that opens if you need to get rid of the screen quickly during a fire. Many hardware stores sell these items.

In addition to a safety screen, you will also want to secure your window so that it cannot be easily opened. If you have windows that pop out easily for cleaning, consider having extra latches installed to ensure that children cannot pop windows open accidentally. If you have sliding windows, add window stops to ensure that the windows cannot easily be opened.

Each year, far too many boating accidents in Florida claim lives and cause serious brain injuries, spinal cord injuries and other serious injuries. In many cases, injuries and even some fatalities could be prevented with the correct use of life jackets. Now that spring has come, more people will be enjoying Florida’s waterways. It’s a good time to reflect on the importance of life jackets.

Today’s life jackets are lighter and more flexible than past models, so that they are more comfortable to wear. If you avoid wearing a life jacket because your current jacket restricts movement, consider one of the newer jackets. It could save your life. A new life jacket costs around sixty dollars and could be one of the best investments you make.

The newer jacket models come in two styles. One fits over the shoulders like a pair of suspenders. The other wraps around the waist like a large belt. Both allow for more mobility of the torso and the arms than older models. Non-swimmers and children, however, should wear regular life jackets (not the inflatable kind).

Federal laws mandate that each boat have one life jacket for each person on the boat. If you are just getting your boat ready for the summer and hope to have guests on board, it’s a good time to buy a few extra life jackets to have on hand. The Florida Fish and Wildlife Conservation Commission notes that wearing a life jacket should be as basic and as reflexive as buckling up when in a car. Despite this, it appears that many are not getting the message. According to the Personal Flotation Device Manufacturers Association 70% of all fatalities related to boats are the result of drowning, and the majority of these deaths are preventable since most victims were not wearing a life jacket.

The Personal Flotation Device Manufacturers Association reports that 85% of drowning victims who died a boating-related death were not wearing a life jacket. Florida leads the nation in number of boating-related deaths. The majority of these deaths are caused by drowning. In Florida, there is an average of one fatality a week related to boating. In 2005, Florida saw 78 fatalities related to boating, saw 68 boating-related fatalities in 2006 and 75 deaths in 2007.

Boating fatalities caused by drowning are usually caused by boaters falling overboard. In many cases, these falls overboard happen in smaller vessels of less than 17 feet, but falls can happen on board any boat. Drinking on board can lead to loss of coordination which can lead to a fall. Simple inattention or bad weather can also contribute to falls.

Generally, if you think you might need a Florida personal injury attorney because you have been in a boating accident, you generally do need an attorney. In fact, most people who have sustained personal injury as a result of a boating accident need a good attorney. This is because when you have been in a boating accident, you will be dealing with insurance providers. Without legal help, you may not have the negotiation skills to get your claim considered in a speedy and fair manner. A Florida personal injury attorney can help you:

1) Minimize the financial impact of the accident. Boating accidents do not just cause spinal cord injuries and serious personal injuries; they also cause financial injuries. After an accident, you may have large medical bills to cover and you may need to repair or even replace your boat. An attorney can ensure that these costs do not come from your own pocket.

2) Get excellent medical care. An attorney can help ensure that you have the financial resources to get all the medical care you need to make the fullest recovery possible. For example, if you have sustained burn injury as a result of a boat accident, an attorney can seek help so that you can afford reconstructive surgeries. If you need long term physical therapy, an attorney can ensure that you get these treatment as well. Without an attorney’s help, you may find that insurance providers consider many treatments “optional” and therefore not covered.

3) Negotiate effectively. Most boating accidents require negotiating with an insurance provider and insurance providers are interested in keeping costs low. Many providers make initial low offers and in many cases these offers do not fully cover the costs of an accident. An attorney can negotiate on your behalf so that your claim is treated fairly.

4) Find answers. Do you know what caused your accident? Your attorney can help you find out. If your accident was caused by someone’s recklessness, a boat malfunction or another cause, an attorney can help you get answers and can even help to ensure that others are not harmed by the same problem.

5) Protect your interests. If you have been accused of causing a boating accident, you need a good attorney. An attorney can ensure that you are not held liable if an accident was not your fault. This is crucial if you want to avoid lawsuits and increased insurance premiums.

In addition to exercising caution on the roads and following road rules, bicyclists can help prevent accidents and serious personal injury by keeping their bicycles in good condition. Proper maintenance ensures that a bicycle is safe to ride and responds well in an emergency. A poorly-maintained bicycle can break down and even cause an accident. Tips for property bicycle maintenance include:

1) Keep your handle bars well aligned. This can help you keep control of your bicycle. If your bike is not steering or responding well, take a look at the handle bars. Also, make sure that the bicycle – and handle bars – are suited for your height. Get a professional to help you if you are not sure if your bike is adjusted for you correctly.

2) Check your chains before you ride. If your chains fall off, you could fall off your bike – something that can be quite serious on a busy street. Check for signs of looseness, rust, and other problems.

3) Take your bicycle into a shop for a yearly tune up. Just as you would take your car in for regular tune ups, take your bike in periodically for a quick once-over, especially if you ride often. If there is a problem with your bike, take it in right away, before a problem causes an accident. While in a bike repair shop, check out the special classes many bicycle shops and stores have available – bike safety courses and bike repair courses are handy classes to take if you’re a bicyclist.

4) Don’t forget maintenance of your bike safety gear. You should replace your helmet if you have fallen from your bike and sustained an impact to the helmet. You should also replace your helmet if it no longer fits correctly. If you have an older helmet, make sure that it is DOT, ANSI, OR Snell-approved and meets current guidelines for safety. Check your elbow and knee pads for wear and tear as well. Your safety gear will not protect you correctly if it is too worn or old.

5) Store your bicycle correctly. Some bicycles – notably beach cruisers – can rust if they are stored in a cool, damp area. All chains can rust if exposed to water. Try to store your bicycle indoors and away from the elements, in a dry spot. Storing your bicycle correctly will make the bike last longer.

6) Check your tires. A flat tire can slow you down and can lead to an accident. Before you hop on your bike, check your brakes and your tires. If your tires are not the right pressure, add some more air before you go for a ride.

When you or a loved one is injured because of the recklessness or negligence of someone else, your main concern, naturally enough, is recovery. However, the decisions you make immediately after the injury can affect your recovery a great deal. Florida law protects you from the high cost of injury caused by someone’s negligence or recklessness. If you have suffered lost income, high medical bills, property damage, and other costs as a result of your injury, Florida law allows you to seek legal redress so that these costs do not come from your own pocket. Seeking legal help can ensure that you have the assistance you need for medical costs, living costs, and other associated costs. However, to safeguard yourself legally after an accident or injury, you need to:

1) Seek out a consultation with a qualified Florida injury lawyer. As soon as possible after your accident or injury, consult with a Florida attorney to learn about your options and your rights. You should schedule this consultation before you sign any papers from insurance providers or other attorneys. Many attorneys – including the law firm of Flaxman & Lopez – offer a free, no-obligation consultation to discuss your situation, so you incur no costs or obligations by speaking with an attorney.

2) Start gathering information as soon as possible after your injury. Immediately after your injury or accident, you may be disoriented and frightened. However, as soon as possible, you should start securing information that can help your attorney. Take down the names of witnesses, doctors examining you, and possible defendants. Take photos of injuries, property damage, and the scene where the accident or injury took place. Start a journal as soon as possible after your injury and keep track of everything – any costs you incur as a result of your injuries, anyone you speak with about your injury, anyone who visits you and sees your injury, any treatments you get. Secure copies of your medical reports and police reports, if applicable. The more information you can provide, the more your attorney will be able to help you. Whether you have sustained a head injury, broken bones, burn injury, spinal cord injury, or another injury, information gathering is important.

3) Start establishing a good relationship with the attorney who will eventually handle your case. When you first schedule an interview with an attorney, make sure that you ask questions about your attorney’s qualifications. You may wish to ask where an attorney studied law, what their status is with the Bar Association, how many injury claims they have handled, and what sort of trial experience they have. You want someone with the education and the experience to pursue your rights aggressively. When you first speak with an attorney, you also want to be clear about the legal costs and fees involved in your case.

4) Make a decision about what legal steps (if any) to take. Once you have found a qualified attorney and have discussed your situation, you will need to make a decision about whether to pursue legal action. This decision will be based on what you and your attorney have discussed and on what you, personally, feel.

If you do make a decision to pursue legal action, you will need to continue building a good relationship with your attorney through good communication. Your attorney will guide you on the steps you need to take to safeguard your legal rights. This may involve keeping more records of your injuries or it may involve allowing professional investigators to explore the circumstances that led to your injury.

For many families, the possibility of nursing home abuse and negligence is one of the worst nightmares possible. Families place their loved ones in nursing homes so that elderly loved ones get the care they need in their older age. When staff are guilty of abuse and negligence, fatalities, personal injury and emotional upheaval are all too often the results. In order to address possible abuse and negligence in a nursing home, it is important to identify what type of negligence or abuse may be taking place:

1) Physical abuse. Physical abuse is one of the most common forms of abuse in a nursing home setting, and it can involve anything from beatings and physical assault to food and water deprivation, sexual assault, abuse of physical restraints, and other forms of abuse. This type of abuse often leaves physical marks, such as dehydration, weight loss, burn injuries, bed sores, bruises, broken bones, black eyes, behavioral changes, and other clues. Both nursing home staff and other patients can be perpetrators of this type of abuse.

2) Psychological abuse, or emotional abuse. This type of abuse can include verbal abuse, isolation, threats, humiliation, and other behaviors that are intended to create emotional pain. This form of abuse leaves fewer clues but patients who have been victimized by this form of abuse may show symptoms of confusion, anger, withdrawal, depression, and other emotional upheavals. Both nursing home staff and other patients can be perpetrators of this type of abuse.

3) Financial abuse. This type of abuse can include theft, forgery, identity theft, or making financial decisions without patient consent. Signs of this can include sudden financial worries, sudden financial changes, depression, and loss of items. Both nursing home staff and other patients can be perpetrators of this type of abuse.

4) Sexual abuse. Sexual abuse can involve sexual touching, exposing a patient to others or having someone expose themselves to a patient, and rape. Signs of this form of abuse can include STDs, bruises, and emotional upset. Both nursing home staff and other patients can be perpetrators of this type of abuse.

5) Negligence. Negligence is generally perpetrated by nursing home staff and it can include any behaviors that can mean lowering the quality of life for a patient. Negligence can include lack of access to health care, lack of adequate facilities, lack of assistance when a patient needs it, inadequate heating and cooling, inadequate food and clothing, inappropriate shelter, lack of personal interaction, and other deprivations. Signs of negligence can include bed sores, unexplained weight loss, depression, and unexplained personal injuries.

If you see any of these signs of abuse or negligence, call a qualified attorney. An experienced Florida attorney can get you the answers you and your family deserve and can act to safeguard your elderly loved one.

Personal injuries, whether caused by car accidents, workplace accidents, or other accidents, can be quite serious and can have a lasting impact on a victim’s lifestyle. Some injuries, such as brain injuries and spinal cord injuries, for example, can lead to permanent injuries that affect a victim’s ability to work or lead a normal life. In addition, even smaller injuries can wreak havoc on a person’s lifestyle and finances. The costs of lost income and treatment options can be overwhelming. The price of renovating a home to accommodate a permanent injury can easily reach tens of thousands of dollars.

If an accident was caused by someone’s recklessness or injury, Florida law provides a system through which victims can recover more quickly. This system uses the law to ensure that victims have adequate compensation to pay for lost income, medical treatment, and other expenses. Compensation can often mean the difference between full recovery and complications, since compensation often allows a victim to get better medical treatment.

Unfortunately, many victims are reluctant to even learn more about filing a claim that the law gives them every right to file. Insidiously, many companies make victims feel guilty about filing claims and some victims are made to feel greedy or unreasonable if they want to even seek legal help. The truth is, however, that the law gives us all a right to be free from injuries and damages caused by others. If someone’s recklessness or negligence has caused an injury, by law that person may be held financially responsible for some of the injuries and damage they have caused.

Also, there is nothing greedy about seeking legal recompense for an injury. The legal does not simply hand out cash for injuries. Rather, Florida law is designed to help victims return, as much as possible, to the state they were in before an accident. For example, if you have sustained a spinal cord injury and have been left unable to walk, the legal system will provide you with the money for treatment, rehabilitation, services, and other products that will allow you, as much as possible, to lead a lifestyle that is similar in quality to what you had enjoyed before. For example, if you can still get around with the help of a wheelchair, a legal claim can help you pay for the expense of a wheelchair so that you can enjoy mobility again. This is far from greedy.

One problem is that many victims have some misconceptions about filing legal claims after an injury. Many people assume that they are “suing” a company or person. In fact, a lawsuit usually affects an insurance provider rather than an individual. For example, if you have been injured on a friend’s property, you are not taking a friend to court. Rather, an attorney will work with your friend’s insurance provider to reach a settlement. In many cases, the situation will not even reach a court room and will instead be settled out of court.

Perhaps the biggest mistake many victims make is not getting legal advice before they make decisions that could affect them for life. If you have been injured, you should always speak to a qualified attorney before you sign anything. There is no obligation if you speak to an attorney and get legal advice, and some experienced personal injury attorneys in Florida offer free initial consultations, so that you can learn about your options at no cost.

If you have been injured in the workplace, whether it is a burn injury, brain injury, broken bone, spinal cord injury or other injury, your main priority is to get better as fully and as quickly as possible. Unfortunately, many injured workers have a hard time making claims under workers’ compensation or getting the full benefits they are entitled to by law. Part of the problem is that rising rates of insurance fraud have insurance providers tightening rules. Trying to work your way through red tape can be difficult, especially if you are injured and focused on getting better. However, there are things you can do to make the claims process easier:

1) If you have already been denied the benefits you think you are entitled, quickly file an application to have an administrative hearing with the workers' compensation board for your state. Also, consider speaking with a good attorney who can represent you with the insurance provider. Speed is essential, here, however. The longer you wait, the harder it will be to file for those benefits.

2) Make certain that a workers' compensation report has been correctly filed by your employer. Ask for a copy of the report for your records. If there are any errors on this report, this might be the cause of many hassles and problems.

3) Look over your workers' compensation file and make copies of your file. Make sure that everything in your file is accurate and contains no errors.

4) Check your medical records and make three copies for yourself. Make sure that your medical records include test results, your doctor’s narrative of the case, and the medical form your doctors has sent to workers' compensation. Make sure that all the forms your doctor has filled out are correctly filled out. Errors on forms can affect your claims and delay benefits. Make certain that your medical records and reports clearly outline how your injury was caused by or at work, what treatment is needed for the injury, a detailed description of the prognosis, and a rating of any permanent or partial disability. Without this information, insurance providers can dismiss your claim or allege that the injury was not serious or not caused by your

5) If you have suffered depression or any other mental disability because of your injury, make sure that is documented by a professional. You can make claims on these injuries as well, but documentation is a must.

6) If you think your employer or insurance provider has committed fraud that might be affecting your claim, or if you think you have been the victim of medical fraud, report the fraud to the workers' compensation board or your State’s Office of Professional Medical Misconduct. Also, hire a qualified attorney to ensure that the fraudsters do not affect your claims. You should not have to face smaller benefits due to someone else’s behavior.

A wrongful death lawsuit generally stems from a situation in which a family member has been killed by negligence or wrongful conduct. In many cases, wrongful death suits stem from medical malpractice cases, nursing home and elder abuse cases, and from some types of accidents. The decision to pursue legal action is usually very difficult for families and usually these lawsuits occur at a very emotional and challenging time, when a family is still grieving. For these reasons, it is essential to hire the right Florida attorney for your case.

It is important to seek out an attorney with extensive experience and proven success in wrongful death cases. These cases tend to be quite difficult, since families must essentially prove that negligence led to the death and that no reasonable actions were taken to prevent the death. These cases can be time-consuming and can involve intricate details, so a qualified attorney is a must.

When hiring an attorney for your wrongful death suit, keep in mind that investigation will play a large role in the case. Your attorney’s first strategy will be to find out as much about the death as possible. Therefore, you may want to ask what investigative resources your attorney has. Does your attorney work with private investigators? If so, how qualified are they? Does your attorney have a strategy for investigating the case?

Be prepared to offer your help and to share as much information as you have about the death. Keep in mind, too, that many qualified wrongful death attorneys will need good access to medical experts and other experts to conduct their investigation and to have expert witnesses on the stand. You may want to ask your attorney about the medical and other professionals he or she knows who can help with the case.

Many wrongful death suits are settled out of court, before a trial is actually needed. Therefore, your attorney may need better negotiating skills than courtroom skills. Also, keep in mind that your attorney will need to take depositions for your case. Depositions are statements made under oath. Usually, people associated with the wrongful death case will need to give their depositions for the case. You may want to ask your attorney who will be taking care of depositions and how qualified this person is.

Although most wrongful death suits are settled before trial, it is a good idea to select an attorney with trial experience. In the event that your case is one of the few that does go to court, you will want a legal professional who can win court cases. Beyond these basic considerations, you will also want to look for an attorney who listens to your concerns and is compassionate. Someone who communicates well with you is also important, as you will want to be kept aware of the status of your case.