October 28, 2010

Florida Bicycle Accidents and No-Fault Laws

Florida has the unfortunate distinction of being one of the top states in the nation for bicycle accidents. According to the National Highway Transportation Safety Administration (NHTSA), there were 716 bicycle accident fatalities across the country in 2008. An addition 52, 000 people were injured due to bicycle accidents that same year across the US. In 2008, Florida saw 125 fatal bicycle accidents. The majority of these accidents were Florida car accidents involving bicyclists. In addition to these fatalities, many thousands of Florida brain injuries, spinal cord injuries, and other serious injuries were caused by bicycle accidents.

In Florida, there are many risk factors and causes of bicycle accidents. In many cases, motorists do not exercise caution or fail to see a bicyclist before a collision. In some cases, motorists make left-hand turns before a bicyclists and hit the bicycle. Sometimes, street design plays a role in these accidents, with poor visibility and many blind spots for bicyclists. Some bicyclists also make mistakes – such as not using caution or signaling incorrectly – which lead to collisions.

Unfortunately for bicyclists, there is a vast inequality between cars and bicycles in a collision. In Florida bicycle accidents, drivers are generally unharmed while bicyclists often suffer fatal or life-threatening injuries. Unfortunately, many Florida bicycle accidents involve child bicyclists who are smaller and therefore more vulnerable to serious injury in these accidents.

Florida is a no-fault accident state when it comes to car accidents. This means that when a Florida car accident involving a bicycle occurs, the bicyclist can file a claim under their insurance policy to cover damages. In most cases, a bicyclist can recover about 60% of lost income and 80% of medical costs as well as some related costs. If the bicyclist does not have car insurance, he or she can receive coverage under the motorist’s car insurance.

In cases where a bicyclist has suffered a serious injury and were a motorist was at fault, the bicyclist can seek a legal claim against the driver and his or her insurance policy. Since Florida is a no-fault state, however, a good Florida personal injury attorney is required in order to prove that injury was severe and that the motorist was at fault. A good attorney can also help investigate the accident to determine whether there are other liable parties. For example, if the bicycle or car had a defect that contributed to the collision, the bicyclist can also file a Florida product liability claim to recover more lost income and medical expenses.

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October 26, 2010

Working With a Personal Injury Attorney After a Florida Workplace Accident

Unfortunately, many Florida workers are injured on the job each year. Many serious Florida burn injuries, amputations, head injuries, and spinal cord injuries are the result of workplace accidents. Unfortunately, a serious personal injury in a workplace can leave you unable to work. In serious cases, you may be unable to return to your job permanently.

In these cases, Florida workers compensation is meant to help you recover and to enjoy some income as you focus on your health. Unfortunately, due to insurance fraud and concerns over insurance costs, getting insurance money from workers compensation programs is getting increasingly difficult, even for workers who are genuinely injured. Florida workers sometimes find that insurance providers treat their claims with suspicion.

Working with a qualified Florida personal injury attorney after a workplace injury is important. Whether you have suffered a Florida slip and fall accident in the workplace or a car accident at work, a good attorney can help you understand your rights and the total costs of your injuries. He or she can also help negotiate with insurance providers so that you get the best claim amount possible, so that you are able to afford good quality medical care.

Working with a good Florida personal injury attorney can show you that you may qualify for more sources of claim money than you understood. For example, you may have a Florida products liability claim if a defective machine or product caused your injury. You may also have a legal claim. As well, you may qualify for benefits under the Social Security Disability Insurance (SSDI) program, a federal program. If you qualify, a good attorney can help ensure that you get all the benefits you are entitled to.

It is important to contact a good Florida personal injury attorney immediately after a workplace accident. Most of us rely very heavily on our jobs for income and without this income we may face eviction, foreclosure, and other problems. Also, if you are unable to return to work, you may not qualify for employee medical benefits, leaving you with substantial medical bills. A good attorney can ensure that you are compensated for lost income as well as your medical costs and other costs related to your accident.

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October 21, 2010

Do You Think Your Elderly Loved One is a Victim of Florida Elder Abuse?

According to new research released by The National Research Council Panel to Review Risk and Prevalence of Elder Abuse, approximately one to two million elderly Americans over the age of 65 have been abused in some fashion by a caregiver. According to The Bureau of Justice Statistics, up to 30% of nursing homes and facilities are cited for incidents of elder abuse each year. Experts suggest that the problem may be even more prevalent than these statistics suggest, since many instances of elder abuse are not reported. In fact, experts believe that for every elder abuse case reported, five more occur but are not reported.

Elder abuse can range from financial abuse to emotional abuse, physical abuse, sexual abuse, and neglect. In extreme cases, elder abuse and neglect can lead to bed sores, dehydration, malnutrition, wandering, and more. Many Florida slip and fall cases are the result of neglect or abuse, as are many physical injuries among the elderly.

In many cases, it is difficult to prove that elder abuse has taken place, especially in a facility. Elderly patients may be unable or reluctant to provide details of the abuse. Even if it is very clear that abuse has taken place, facilities usually involve many patients and many workers. It can be hard to find the responsible parties specifically in this instance. As well, bruises and other signs of abuse are often explained away as accidents or simply part of the process of getting older.

Florida elder abuse is an especial problem because Florida has a graying population. Many elderly persons come to Florida each year to get away from cold conditions in a home state and many people decide to retire in Florida to take advantage of the beautiful weather. Unfortunately, in cases of Florida elder abuse the consequences may be tragic. In extreme cases, abuse can lead to death. In other cases, elder abuse can result in bankruptcy, serious illness, and serious injuries. If a Florida victim of elder abuse has decided to retire in Florida, they may be isolated from family back home and therefore more vulnerable.

If you suspect that an elderly loved one is the victim of elder abuse, contact a qualified Florida personal injury attorney for assistance. In many cases, a good attorney can investigate the claims and even find evidence if abuse has taken place. As well, a good attorney can help you pursue a legal claim against a caregiver, which can help you find the resources to provide other care and treatment for a loved one.

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October 19, 2010

Keeping Your Florida Personal Injury Legal Costs Under Control

Many people who have been involved in a Florida slip and fall accident, car accident, or have sustained a serious injury some other way face financial challenges as well as pain and other problems associated with the injury itself. Often, a person who has sustained an injury must miss work or faces large medical bills as a result of the accident or injury. Legal claims and Florida personal injury lawsuit can help victims reclaim the damages to cover these costs, but it can take some time for a court case or legal claim to work its way through the courts. In the meantime, many Florida patients worry about the income, medical bills, and legal bills.

Luckily, if you have been in a Florida trucking accident or have sustained any type of personal injury, there are many ways you can keep your costs down. One of the best ways is to find a qualified Florida personal injury attorney. While many patients assume that they can save on legal costs simply by not working with a personal injury attorney, this is not always the best option. A good Florida attorney can safeguard your rights and can help pursue the fairest possible settlement in your case. Without legal help, you may unknowingly sign away your rights or accept a claim amount that does not cover all the expenses associated with your injury.

When looking for an attorney, look for a Florida personal injury attorney who works on a contingency basis. This means that the attorney will not ask you for legal fees up front. Instead, the attorney will work on a non-recourse basis, which means that he or she will get paid fully only if and when you receive proceeds from a settlement. If you you’re your case or abandon it, you may be responsible only for some basic fees. Working with a Florida personal attorney on a contingency basis means that the attorney will usually charge additional fees, since the attorney will be accepting more risk for your case. However, you will not be faced with large legal bills immediately, allowing you to pursue your legal case even if you are facing financial challenges due to your injury.

Once you find a Florida personal injury attorney, there are several things you can do to control your legal fees. First, you will want to discuss legal fees with your attorney. If you decide that you wish to allow your attorney to work with you on a contingency basis, determine exactly what the legal fees will be for the services. As well, if finances are a problem, do not be shy about discussing this frankly with your attorney. Florida personal injury attorneys are acutely aware of the financial devastation that a serious injury can cause and they can offer advice and suggestions. Be sure to specifically ask for ways to keep your legal fees reasonable. A good Florida personal injury attorney will work with you to ensure that you can recover from your injury, both physically and financially.

If you are injured due to a product defect or a personal property problem, you may be able to find other defendants who were injured by the same problem. By having these persons take part in a class action Florida product liability suit or premises liability action, you may be able to save on legal fees as well, in some cases.

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October 14, 2010

What to Do if You Need a Florida Personal Injury Attorney But Don’t Have the Money

If you have been in a Florida car accident or have sustained an injury that may result in a legal claim or lawsuit, you will need to a good Florida personal injury lawyer to represent you. However, many people who have a legitimate case worry about contacting an attorney because they worry about legal fees. The good news is that many Florida personal injury attorneys work on a contingency basis. This means that they do not get paid upfront. Instead, if you receive an out-of-court settlement or win your case in court, the attorney will be paid out of the proceeds of the case. Attorneys who work on a contingency basis ensure that clients with deserving cases can still recover for damages after a Florida accident – even when money is not immediately available for legal fees.

If you do decide to work with a Florida personal injury attorney, it is important to understand the types of legal fees which you will eventually be charged. Legal fees for a case vary widely, depending on the amount of time a case takes, the complexity of a case, and the amount of work and specialization a case requires. There are several types of fees you may be charged:

1) An hourly fee. Some Florida personal injury attorneys charge hourly fees for specific work done on a case. The fee can vary even on the same case, depending on what sorts of services are offered. An hour of drafting a lettering in a case, for example, may be billed differently than an hour of private investigation into a case.

2) Consultation fee. This fee is usually a per-hour rate which some Florida attorneys charge for initial meetings with clients. Many experienced Florida personal injury attorneys, however, do not charge for an initial consultation.

3) Flat fee. Also known as the task-based fee, this is the method of setting fees most used with short, relatively simple legal matters. For example, an attorney may set a flat fee for creating a will, because it is easy to predict how long the task will take.

4) Contingency fees. As discussed above, in this type of fee structure, the attorney gets paid only if and when a client wins a case in court or wins an out-of-court settlement. If the client does not recover any money in the case, the attorney does not charge any fees other than the expenses related to the case. If a case is won or reaches a settlement, an attorney will usually charge a contingency fee in addition to any case expenses. The fee covers the risk the attorney accepts in taking on the case and is usually calculated as a percentage. It is important to understand what fees you are responsible for in the event of a loss and what the contingency fee is if you do win.

5) Statuary fees. In some bankruptcy, probate, and other court cases, the court or law sets the fees.

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October 12, 2010

Finding an Attorney for Your Florida Personal Injury Case

If you have been injured in a Florida car accident or have sustained an injury through someone’s negligence or carelessness, you will likely need a Florida personal injury attorney to advise you of your legal rights and to help you understand your options. If you have never worked with a Florida personal injury attorney before, the task of finding an attorney quickly can be daunting. However, working with an attorney is simpler than you may think. Personal injury attorneys in Florida understand the apprehension of clients and often work hard to provide good service. Here is what you can do to find the right attorney for you:

1) Consider what practice areas or areas of expertise your attorney will need to understand. If you were in a Florida trucking accident, for example, you will want to find a personal injury attorney with experience in these types of cases. If you have sustained a Florida spinal cord injury, you may wish to find an attorney who specializes in this type of case. Most Florida personal injury attorneys have websites listing their experience and their practice areas. This can be a good place to start.

2) Look for attorneys with a proven record of won cases. A good Florida personal injury attorney will not mind if you ask for – and check – references. Many attorneys also have lists of cases they have won in court.

3) Look for attorneys that meet your situation. Many attorneys will work with plaintiffs in cases but not with defendants, for example. If you have been injured, you will want to find a Florida personal injury attorney who represents plaintiffs.

4) Meet with a personal injury attorney. Ultimately, the best way to determine whether an attorney is one you want to work with is to meet with that attorney for an initial consultation. This gives you a chance to get information about your case and to learn what the attorney can do for you. An initial consultation is also a good way to gauge how comfortable you are with a specific attorney. You will be working with your attorney while your case works its way through the courts. That can take months or even years, so it is important to find an attorney you can work well with.

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October 7, 2010

Fisher-Price Recall Pulls Products Which May Cause Injuries to Children

Fisher-Price, a giant in children toy manufacturing and children’s products, is recalling more than 10 million toys, high chairs, and tricycle amid concerns over product safety. According to the Consumer Product Safety Commission, at least two of the products which have been recalled have already been linked to injuries.

About 7 million Fisher-Price Tough Trikes and Fisher-Price Trikes have been recalled, and at least ten children have been injured by these tricycles. According to the information which the Consumer Product Safety Commission has received, at least six children injured by the products required medical attention for their injuries. The Fisher-Price Trikes and Tough Trikes reportedly have a plastic ignition key which protrudes near the seat. Children can easily sit on, strike, or fall on the key, injuring themselves. The tricycles are very popular with children and some feature Barbie or other popular children’s characters.

In addition to the tricycles, Fisher-Price is also recalling more than 1 million high chairs, including the Easy Clean, Healthy Care, and Close to Me High Chairs. There have been fourteen reports of injuries and problems with these high chairs and according to the Consumer Product Safety Commission, at least seven children injured by the high chairs required stitches. A peg on the back of the high chairs is designed to help parents store the tray. However, children can strike or fall on this peg, injuring themselves.

In addition, Fisher-Price has recalled over 2.8 million Baby Playzone Crawl and Slide Arcade toys, Baby Playzone Crawl and Cruise Playground toys, Baby Gymtastics Play Wall toys, 1-2-3 Tetherball toys, Ocean Wonders Kick and Crawl Aquarium toys, and Bat and Score Goal toys. With these toys, three is a choking hazard because these toys feature a ball which has a valve which can detach. The Consumer Product Safety Commission has received 50 reports of such incidents. Fisher-Price is further recalling 100,000 Fisher-Price Little People Wheelies Stand 'n Play Rampway toys. These toys also pose a choking hazard because the wheels detach.

Parents who believe they may have the affected toys can visit the Fisher-Price website for more information. Fisher-Price has offered to replace or repair the affected products. This recall is also a good reminder that even toys on store shelves and toys with well-known brands can pose a hazard. Parents need to remain aware of Florida product liability laws and the hazards which can cause Florida injuries to children and minors.

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October 5, 2010

Why it is Important to Be Honest With Your Florida Personal Injury Attorney

If you have sustained a Florida personal injury in a car accident, Florida pedestrian accident, bicycle accident, or any other accident, you will likely want to speak to a Florida personal injury attorney about your injuries. A qualified personal injury attorney can help investigate your accident, can help offer legal insights about your case, and can help advise you of your rights, so that you can make an informed decision about your case. If you decide to pursue a lawsuit, a good Florida personal injury attorney can represent you and can help ensure that you get the best possible settlement for your claim in order to cover lost income, medical bills, and other costs associated with your accident.

Many victims, when they contact a Florida personal injury attorney, feel a lot of pressure to make their case seem as strong as possible. In many cases, they don’t wish to admit any possible fault or any way that they may have caused an accident. In some cases, they assume that an attorney will be unwilling to work with someone who is not obviously injured. For this reason, some people feel pressure to be dishonest with their personal injury attorney.

This can be an expensive mistake. It is vital to be completely honest with a personal injury attorney, even if you feel doing so may affect your case. A good personal injury attorney will be hiring investigators as well as other experts to look into your accident, as well, so any dishonesty on your part will be quickly discovered. You will likely feel more embarrassed when you dishonesty is discovered than if you were simply honest right from the beginning.

As well, your dishonesty may not even be necessary. For example, details about your medical conditions, activities, financial situation and other details you worry about disclosing may simply not matter to your case. The role of your Florida personal injury attorney is to help you as much as possible, and this is only possible if you are completely honest with your attorney.

Further, being dishonest or lying to your personal injury attorney can affect your relationship with your attorney as well as your communication with your attorney. If you’re dishonest, your injury attorney has no way of knowing what you are really thinking and what is really going on. Just like anyone else, an attorney will be wary about any dishonesty and may decide to terminate your relationship, leaving you with no legal representation at a time when you really need a good attorney.

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