Florida Injury Lawyer Blog

As the weather gets warmer and more mild, many boating enthusiasts take the opportunity to indulge in some boating. Whether you are heading out in a yacht or a speedboat, however, it is important to review boating safety. Above all, you will want to ensure that you:

1) Take proper boating safety instruction. Boating instruction can help you become a safer boater. Even if you already have basic boating instruction, you may wish to take some refresher courses before taking out your boat for the first time. This will help ensure that you know what to do in an emergency.

2) Avoid boating and drinking. Just as alcohol can cause drunk driving accidents, it can also impair judgment and lead to boating accidents. Many fatal boating accidents each year occur because someone in charge of a boat was intoxicated. Do not let this happen to you. In addition to alcohol, be wary of other controlled substances. Even prescribed and over-the-counter medications can make you drowsy and can make you unsafe on the water. Check labels and speak to your pharmacist.

3) Wear proper life jackets and safety gear. Anyone who steps on your boat should be wearing sturdy shoes and should put on a life vest at once. Life vests help keep you safe. Even if you sustain a head injury in a boating accident, a life jacket can help keep you afloat and can help rescue crews find you. A life jacket can save your life.

4) Keep your boat in good repair. Before each trip, make sure that your boat is in good mechanical condition. Defects and problems can affect the safe operation of your craft. It is important to get your boat regularly serviced to keep it operational and safe. It is especially important to have your boat checked for safety and good repair after a long winter in storage.

5) Avoid speeding. Speed is a factor in many boating accidents. When you speed on the water, the results can be just as devastating as when you speed on land. When you drive your boat too fast, you risk losing control of the craft, colliding with other objects in the water, and causing damage to your boat. Always operate your craft at a safe speed.

At this time of year, many children go away to summer day camp or sleep-away camp. While there, many children each year are injured or harmed. Injuries at camp range from near-drowning and swimming pool accidents, to broken bones, to serious spinal cord injuries or even brain injuries caused by falls or dives into swimming pools or swim areas. Since camps are designed to be remotely located, they tend to have a number of dangers. Children are often very active in camps, taking part in sports and activities which carry a risk of injuries. As well, since camps are remotely located, getting emergency help can be a challenge if a serious injury does take place.

Luckily, the incidence rate for camp-related injuries is not very high. According to one 2005 study, of 177 camper injuries and illnesses monitored over 122379 days at camp, there was a median incident rate of 1.15 injuries or illnesses per 1000 days at camp. About 68% of the incidents were illnesses. Of the remaining injury incidents, minor scrapes, cuts and scratches were most common, accounting for 33.3% of injuries. Broken bones accounted for 14.6% of injuries. Sprains and strains accounted for another 10.4% of injuries. The injuries which were most likely to cause injuries included capture the flag and horseback riding. Another 2009 study from the American Camp Association found that only about 3% of camp injuries required hospitalization.

While instances of camp-related injuries are low, they can still be devastating when they happen, and they can also be unsettling, because camps have a responsibility to keep campers safe. In fact, camps, like schools, have an obligation to keep campers safe under a doctrine known as in loco parentis, which means that the camp is essentially standing in place of the parent and is therefore expected to take the same reasonable care a parent would take to protect the children. When a camp is negligent in providing supervision, safe premises, or safe conditions or safety equipment, parents may have a personal injury suit if their child is injured as a result of the negligence.

However, camps are only expected to make reasonable provisions for safety. Camps are not responsible for the children’s absolute safety and when parents send their children away to camp, they are accepting a small risk. That is, they are accepting the risk that their children may be injured in regular sports activities. As long as a camp provides safe conditions and takes reasonable precautions to ensure safety, judges will generally accept that a camp is not responsible. As well, most parents sign consent forms when sending their children to camp and in many cases these consent forms do state that parents will not sue over every bump and scrape.

That said, however, a personal injury lawsuit due to a camp-related injury can still take place, especially if it can be proven that a camp was negligent. Camps are expected to ensure that activities are supervised to a reasonable degree. They are also responsible for ensuring that camp grounds are maintained reasonably well. If a child falls on a broken step that has not been maintained, the parents of the child may seek legal help, much as they would in a similar situation in any public place. In addition to the concept of in loco parentis, camps are also governed by the idea of premises liability. They are expected to make the grounds and property reasonably safe for visitors.

There are many things parents can do to keep their children safer at camp. The first thing parents can do is to choose summer camps with care. Tour the facilities and ask about safety precautions and safety measures. Make sure that all activities have good–quality safety equipment available. Make sure that there is an infirmary and access to emergency medical care. As well, ask about counselor training as well as camper:counselor ratios. Look for a camp with more counselors (and therefore more supervision) as well as more experienced or well-trained counselors. Often, counselors are the first line of defense when it comes to preventing injuries. Secondly, parents should talk to other parents about camp options. Which camps seem to have a high rate of injuries? Which ones have a good reputation for safety?

A number of asbestos-related news items in Florida lately have renewed interest in asbestos cases and may make asbestos victims more likely to step forward:

1) William Aubin of Sarasota has received more than $14 million after a jury determined that his fatal abdominal cancer is linked to the asbestos Aubin worked with in the 1970s. Aubin’s family owned a construction company and used joint compounds made with asbestos fibers sold by chemical company Union Carbide and other companies like it. The joint compounds were not labeled to indicate they contained asbestos. Jurors found four companies, including joint compound manufacturers, liable in the case.

2) In the Lee County Summerlin Road project, workers for Posen Construction have begun an asbestos clean-up project. The work has been delayed for a number of months, after workers found material containing asbestos at the work site. No one has determined how the material got to the site. The Summerlin Road will likely not be completed until the end of the year due to the delay.

3) This summer, the Jackson County School Board has announced plans to start an asbestos abatement plan at at least two schools this summer. Marianna Middle school and Riverside Elementary School both have asbestos in the ceilings of the buildings. Once the asbestos was discovered, school officials decided to remove the substance over the summer, when children could not come into contact with the material.

4) The EPA (U.S. Environmental Protection Agency) has announced that the City of Marco Island and the main contractor on a 2006 Collier Boulevard road project have both violated at least six asbestos regulations. The city, in particular, is accused of not inspecting work sites for asbestos, of not removing asbestos materials before starting work, of not disposing of asbestos materials in a correct fashion, and of other offenses. Each violation of regulations has penalties of up to $37,500 a day.

Asbestos fibers have long been used on construction and building projects, as they are considered fire-resistant. However, since these fibers have been manufactured, it has been discovered that inhaling these fibers can lead to a type of virulent cancer known as mesothelioma. Mesothelioma is linked only to asbestos exposure and not to other risk factors. Asbestos fibers are not visible to the naked eye and can remain suspended in the air for some time, allowing workers to inhale the fibers. When the fibers are inhaled, this exposure can eventually lead to mesothelioma.

Due to the recent Florida asbestos news, some patients who have mesothelioma may become interested in contacting an attorney about an asbestos case. Florida personal injury attorneys have been helping other mesothelioma victims and may be able to help you. If you have been diagnosed with mesothelioma, you may have a personal injury claim. You may qualify for a settlement which can help you pay for the best medical treatment and which can help your family.

Personal injury cases may stem from car accidents, property-related injuries (such as swimming pool injuries), or product defects. However, you have sustained your injury, however, once you hire an attorney, your case will work its way through the court system. This usually involves investigations and negotiation between your attorney and any other parties involved in the case. Ultimately, your case may end in one of four ways:

1) Your case may be settled out of court. Many personal injury cases are ultimately settled out of court. What this means is that your attorney and the liable parties (the parties legally responsible for your injuries) have reached an agreement that you and your attorney feel is acceptable. When this happens, you are paid your settlement and you use your settlement money to pay your attorney fees, if the Florida personal injury you have been working with has worked on a contingency basis.

2) You could win a settlement. If your case cannot be settled through negotiation outside of court, your case will go to a court. There, a judge or a jury will decide the case. Usually, this type of case is more involved, as it will involve both sides presenting arguments in court. If you go to court, the court may decide in your favor, at which point you will be awarded a settlement that matches or comes close to the settlement your attorney has been seeking.

3) You could lose a settlement. If your case goes to court, there is also the possibility that the court will not find in your favor. If this happens, it means that the court decides that there is not enough evidence that someone else was liable for your injury. In this case, you may get no settlement for your injuries.

4) You may choose to drop a case. In some cases, plaintiffs choose to drop a personal injury case. This can happen for several reasons. In some cases, a plaintiff may simply not be able to handle the emotional turmoil of a case. In other cases, new evidence comes to light which reduces the chances of a successful settlement in favor of the plaintiff. When you drop a case, you effectively decide not to pursue it further, which means you also relinquish your rights to a settlement.

Before you start a personal injury claim, you may wish to discuss all these eventualities with your attorney. Your Florida personal injury attorney may be able to give you a sense of which outcome is most probable in your case. If your attorney is working on a contingency basis, you will also want to confirm that your attorney will only collect fees if you win your case or settle out of court. In many cases, personal injury attorneys will not collect fees from you if you lose a settlement.

Now that the warmer weather has arrived, many people are getting ready to start grilling food at the barbecue. In summer months, grilling is a tasty, fun, and inexpensive way to prepare food. It gets us out of the house, allows us to enjoy the weather, and gives us unique new options for preparing our food. However, barbecues and grills produce high heat as well as open flame and do pose a risk of burn injury. There are several things you can do to help prevent burn injuries caused by grills and barbecues:

1) Carefully read all the instructions that came with your barbecue. While it may not be exciting reading, the instruction manual which comes with your barbecue provides important safety instructions and tips. This is a good time to review those tips for safe grilling. Also, review proper use of your barbecue. Incorrect use of your grill can increase the chances of a fire or explosion.

2) Store barbecue implements, accessories, and fuel carefully. Many barbecue implements and accessories – including tongs and grill cleaning brushes – have very sharp edges which can cause injuries to children. As well, propane tanks can leak and even lead to explosions. Check propane tanks regularly for leaks and store them in a safe area outside your home, out of the reach of children. Lighter fluid, charcoal, and barbecue lighters can likewise pose a temptation for children, so store them in a safe area well out of sight.

3) Review fire safety and burn injury prevention strategies with your family. This is a great time to check the batteries in your fire alarms and to review fire safety procedures. Does everyone in your family know what to do in event of a fire? Does everyone know to stop, drop, and roll in the event that their clothing lights on fire? Now is a good time to review these rules, especially with children.

4) Stay well clear of your grill when lighting it. When lighting your grill, stand well back and be especially careful of any long sleeves, aprons, or oven mitts. When too close to the flame, these fabrics can easily catch on fire. Start your propane barbecue on a low flame and increase as needed. If you have a charcoal grill, use only a small amount of lighter fluid to prevent a flare up of flame. Stand well back and use a long barbecue lighter intended for charcoal grills.

5) Have fire extinguishing materials on hand. No matter how careful you are, grease can drip through the grill pans and cause larger flames which can lead to a fire. Be prepared with a working fire extinguisher or a significant amount of baking soda on hand to douse the flames if needed.

6) Before using your barbecue, check it. Before every use of your barbecue, check it carefully for corrosion, breaks in the lines that feed fuel to your barbecue, and any other problems. Before using your barbecue for the first time this season, go online to check whether your grill has been recalled due to any dangerous defects. You do not want to face an injury and product liability case due to a foreseeable accident.

If you have sustained a serious burn injury as a result of a chemical burn, car accident, fire, or other incident, you will need the best care possible in order to recover from your injury. Burn injuries require a complex series of treatments in many cases, because these injuries can be complex. You will generally require immediate treatment to try to minimize the damage. If you have been burned, you will also usually need treatment for pain management as well as treatment to repair damaged skin and tissue. If you have a very severe burn, part of your treatment will inevitably involve rehabilitation to regain mobility in the affected area. You will also generally need cosmetic surgery to restore the look of your skin.

Burn injuries are a very difficult and traumatic injury and recovery can take months or years, depending on the location or the severity of the burn. Many burns leave permanent injuries as well. For example, burns to the facial area may result in loss of sight, hearing, or other sensory functions. Severe burns to the limbs can permanently affect a person’s mobility and ability to work.

After a burn injury, one of your main priorities will be to secure the best care possible. The better medical treatment you are able to secure, the better your chances of recovering fully from your injury. However, knowing where and how to secure the best treatment can be daunting. Most patients have multiple treatment options and knowing which options to select can be challenging. As well, information available about burn injuries is very detailed and technical. It is possible to get lost in all the data when trying to make an informed decision through research.

If you have been injured and have sustained a severe burn, your first priority will generally be to secure emergency help. Your nearest emergency room will likely provide this. Depending on your location and injuries, you may be moved to a burn unit for further emergency treatment. Once you are out of the emergency room, you will inevitably have more options. You may be referred to a specialist for more treatment. You may also need to choose a facility or professional for rehabilitation and reconstructive surgery. Additionally, you may need to work with a surgeon if multiple procedures are needed to help you recover mobility.

In general, there are a few things you can do to make selecting the right treatment options easier. For example, you may wish to speak to your family doctor about your condition or assign one person in charge of your care. For example, you may decide to have one burn injury specialist oversee your care; all subsequent decisions regarding your recovery will be discussed with him or her. Having one professional in charge of your care helps prevent some complications and some medical errors, since one professional is following up and managing your care. Also, dealing with one professional allows you to receive informed and consistent advice.

Another good option for getting the best treatment is to become an informed patient. Learn about the burn unit at your local hospital and find out about treatment options and professionals at the unit who might be able to help you. Join a support group for burn injury victims. In addition to receiving support from the group, you will also likely learn about what others have experienced during treatment and this first-hand information can help you understand your treatment options as well.

If you have been injured in an accident, you will likely have to file a claim of some type. If you have been injured on the job, for example, you will likely file a workers’ compensation claim. If you have been injured in a car accident or truck accident, you will likely seek a claim against the insurance company of the other driver. Filing any claim means a great deal of paperwork and legal contracts and terms. You may wish to hire an attorney. Perhaps you have already heard that hiring a Florida personal injury attorney can help you get a fairer settlement.

Unfortunately, many patients do not take the next step and actually contact an attorney. In some cases, patients assume that they do not need an attorney. They either are told or come to believe that insurance claims are standard and do not require legal help. While in some ways this is technically true, however, the fact is that the outcome can be very different for you depending on whether you decide to hire a personal injury attorney or not.

A good Florida personal injury attorney can investigate the accident you have been involved in and can seek claims against all parties who may be held liable for the accident. If you are making claims yourself, you will likely only consider one party liable, when in fact many factors could have been responsible for your injury. By seeking claims against multiple parties, you can often be assured of a better settlement – one that fairly covers all the costs and medical bills you have incurred because of your injury.

Your attorney can also negotiate with insurance companies on your behalf so that you get the fairest settlement possible. Without an attorney, it is likely that insurance companies will offer you a lowball offer, one which may not cover all your medical costs or lost income. Anything not covered by your claim will have to be paid with your own savings. Worse, once you accept a claim amount, you will likely not be able to seek further damages for the same injury, even if the claim you have been granted does not leave you with enough money to pay all necessary costs. Attorneys have the expertise and negotiating skills to negotiate a better settlement on your behalf. Without the assistance of an attorney, you may be losing money. Not having an attorney can actually cost you money.

Unfortunately, many patients do not seek the help of a Florida personal injury attorney because they assume they cannot afford legal help. After all, many patients may already be facing substantial medical bills and other financial pressures. The good news is that you generally do not need to pay money up front to seek legal help. Many good personal injury attorneys work on a contingency basis. This means that they will not ask for legal payments until and unless they win you a settlement. It is only when your settlement money is paid and you have the cash to pay your legal fees that these attorneys will send you a bill. This allows you to pursue a case and get a fair settlement without worrying about high legal fees.

Additionally, many Florida personal injury attorneys offer a free initial consultation, so that you can decide for yourself whether pursing a legal case makes sense for you. Thanks to contingency and free consultations, you never have to worry about foregoing legal help simply because you cannot afford it. The truth is, you may not be able to afford not seeking legal help.

If you have sustained a serious injury as a result of a car accident, pedestrian accident, or other event and have hired a Florida personal injury attorney to pursue your claim, you have taken an important first step towards reclaiming your life and your finances after your accident. However, it is only a first step. While waiting for your case to work its way through the court system, you still need to manage your finances. However, this can be challenging after an accident. If you have sustained a serious spinal cord injury or brain injury, you may not be able to return to work. In addition, you may have substantial medical bills. This can place an enormous financial burden on you at a time when you are vulnerable and trying to heal. Luckily, there are several things you can do as you wait for your claim to be resolved:

1) Seek an attorney who works on a contingency basis. Attorneys who work on a contingency basis use their own financial resources to pay for the case. You do not pay until and unless the settlement is resolved successfully. Then, attorneys remove a portion of your settlement claim to cover legal fees. Attorneys who work on a contingency basis do not ask for money up front, so that you can get good legal representation without worrying about legal bills. Look for an attorney with a good record who has the financial resources to litigate your claim fully without cutting corners. Keep in mind that some personal injury cases can take years to work their way through the court system.

2) Stay current with your most important bills. If you are struggling financially after a personal injury, you will need to budget very carefully. Where possible, eliminate unnecessary bills such as television cable or magazine subscriptions and prioritize remaining bills so that you pay your most important bills first. Home payments, utilities, and grocery costs are generally your most important bills. Some bills – such as medical bills – can be repaid after you win your settlement, in some cases.

3) Communicate honestly with your attorney. If you are under financial pressure after your accident or injury, speak to your attorney. Florida personal injury attorneys well understand the pressures plaintiffs feel. Attorneys have worked with many clients in similar situations and may be able to offer support as well as advice.

4) Seek help and resources that can help you. If you have an injury, seek groups and organizations that can help you. For example, if you have a spinal cord injury, consider joining a support group of spinal cord injury patients can help you find resources and free medical help that can assist you and save you money. As well, joining such a group can help you find support as you recover.

Many patients who feel financial pressure after an accident are tempted to accept the first offer presented to them from an insurance company. This strategy, however, can be challenging to your long-term financial health. The initial claim amount you are offered may not cover your injury treatment or long-term costs, meaning that you will have to pay these costs yourself. These amounts may be substantial and may push you into debt. Some injury victims are forced to declare bankruptcy because of overwhelming medical bills and other bills. This is why it is so important to speak to a personal injury attorney, especially if an injury can cause you severe financial distress. A good personal injury attorney can ensure that you have access to all the financial resources available to you under the law.