Florida Injury Lawyer Blog

If you have been seriously injured in an accident or due to someone's recklessness or negligence, your financial life will be as affected as your physical body. While accidents and injuries can mean pain and suffering, they can also mean lost income, career problems, and high medical costs. Many Florida patients with severe injuries face tens of thousands of dollars and in some cases millions of dollars in medical costs, care, and other costs.

The truth is, many injuries are far more expensive than they initially appear. Florida burn injury patients, for example, may need therapy, rehabilitative care to recover a full range of motion, multiple skin grafts as well as other cosmetic procedures, pain management, and other forms of care. They may not be able to return to work for months or even years. Some will lose their jobs and will even need to rebuild their careers once they have recovered.

Florida spinal cord injury patients may face permanent injuries and may require millions of dollars for medical care, in-home nursing care, wheelchairs or hospital equipment for the home, treatment, medication, income replacement, and home renovation costs to make their homes accommodating to their new ability levels. Many spinal cord injury patients are never able to return to their regular lives or their jobs, which can mean nearly a lifetime of lost income as well as high medical costs.

While many of us have insurance to protect us from injuries in car accidents and other types of accidents, insurance does not cover all injuries. If you slip and fall in a store and sustain a serious brain injury, for example, you will likely need help from a Florida attorney because your car insurance and homeowners insurance will not cover the injury. In these cases, a Florida premises liability case may be an option.

Even if you are in a Florida car accident, however, it does not mean that all your costs are covered by your insurance carrier. With a long-term or permanent injury, especially, insurance carriers will generally pay for up-front costs, which can leave a victim with hundreds of thousands of dollars of costs to pay for themselves. In many cases, insurance companies will also not pay for all costs associated with an accident. For example, burn injury patients may find that insurance carriers do not want to pay for skin grafts and other surgeries, calling such procedures "cosmetic." In these cases, a good Florida personal injury attorney can help negotiate with your insurance carrier and can provide advice.

Another factor that personal injury patients need to consider is time. For someone who has been injured, high medical costs and lost income occur at once but a case can take months or years to work its way through the courts. Even getting an insurance claim resolved can take a long time. If you have no source of income, it can be very challenging to wait for proceeds of settlement. A good Florida attorney has extensive experience with these types of financial pressures and can usually recommend a variety of solutions and options to help a victim resolve some of this financial pressure.

Continue reading "The Financial Realities of a Florida Personal Injury Case" »

Most people hope that they never experience a significant injury that requires a Florida personal injury attorney and a legal battle. Everyone wants to avoid Florida car accidents, slip and fall accidents, spinal cord injuries, and other types of serious accidents and injuries but every year millions of Americans are seriously injured due to preventable accidents or injuries.

If you're not sure whether your injury requires a Florida personal injury attorney, consider:

1) Are you seriously injured? If you have been admitted to hospital and will require long-term help or will face lost income due to lost work time, it may be a good idea to speak with an attorney.

2) Are you injured permanently or have you suffering a long-term injury? Permanent injuries such as brain injuries or long-term injuries such as burn injuries require a surprising number of resources and Florida brain injury patients as well as other patients with serious injuries generally need representation by an attorney to ensure that they get the financial support they need. It is unlikely that an insurance provider will offer a claim amount that covers all the costs of a long-term injury – an attorney is needed for this.

3) Did someone's negligence or recklessness cause your injury? In cases such as Florida drunk driving accidents, products liability cases and other cases where someone was negligent, it is often unfair to expect victims to pay for the medical costs and other damages that someone's recklessness has caused. In these cases, speaking with an attorney ensures you will not pay for someone else's mistakes.

4) Does the injury involve a commercial company or organization? A Florida truck accident involving a business truck and other similar injuries involving commercial defendants are often complicated. The commercial or business interests in the case will usually have attorneys – shouldn't you?

5) Are you being asked to sign papers or documents you do not understand? If you are being pressured to sign documents or if you are being accused of causing an accident, you need a good attorney to help you. Without a good attorney, you could end up signing away your rights.

In general, if you are not sure whether your injury merits a Florida personal injury attorney, it is a good idea to call a qualified attorney in any event. Many Florida personal injury attorneys – including the team at the Flaxman Law Group – offer free initial consultations, so that you can find out if you have a case or legal redress without any obligation or cost to you. This is a much better alternative than finding out too late that you have been saddled with thousands of dollars in medical costs which are not covered.

Continue reading "Signs You Need to Talk to a Personal Injury Attorney" »

Summer poses a special challenge for Florida homeowners. During summer, there are all sorts of new hazards to consider as well as more guests coming through your home. To avoid a Florida premises liability lawsuit or other legal action, make sure that you consider:

1) Pool safety. Summer is a time for lounging by the pool, so take the time to ensure that your pool area is safe. Install a good cover and a quality fence with a self-closing gate and lock. Install a good alarm system so that you will be alerted if anyone tries to enter your pool area without your knowledge. When actually using your pool, make sure to use good supervision.

2) Slip and fall and trip and fall hazards. Florida slip and fall accidents and trip and fall accidents are very common during the summer. If you have a lawn or garden, keep it trimmed to prevent tripping. In your pool area, install no-slip treads to prevent the pool water from creating slippery surfaces.

3) Child safety. With children home for the summer, your home will likely include your children's friends. Make sure that you create a safe environment for everyone and use good supervision to ensure that no one is injured while having fun in your home.

4) Entertaining safety. Summer is the time for parties, but keep in mind that if guests get injured, you could be held liable. If you decide to serve alcohol, for example, make sure that everyone has an alternative way home to prevent Florida drunk driving accidents. Before your party, walk around your property to see whether there are any hazards that could harm your guests.

5) Vacation safety. If you are going away for a while this summer, you need to make sure that your property is secure. If anyone is injured on your property while you are away, you could be held liable. Make sure that the property is secure and that someone stops by from time to time to check up on it. If you have a pool, make sure that it is very well secured to prevent curious children from wandering into the area.

Continue reading "Summer is Almost Here – Is Your Home Ready?" »

If you determine that you have a personal injury case, such as a Florida car accident case or another type of legal action, you will need to work closely with a good Florida personal injury attorney as your case works its way through the courts. If you have never worked with an attorney before, consider these tips for a great working relationship:

1) Choose your personal injury attorney carefully. Few decisions will have as great an impact on your case. A good attorney will listen to you and has the experience and training to help you. A good attorney also has the trial experience and case experience to increase your chances of a successful outcome.

2) Be honest with your attorney. Answer all your attorney's questions fully and honestly. Hiding information or lying will ruin your relationship and will usually not create a good outcome for you. Even if you think that something might harm your case, do not lie about it. As well, be sure to tell your attorney about anything that is relevant to your case. For example, if you are facing financial pressure as a result of a Florida slip and fall accident, be sure to share this information with your attorney, as your attorney will generally have a number of solutions to help.

3) Show up prepared. Attorneys usually enter the legal field because they genuinely want to help people. A good attorney will want to help you, but you can help your attorney do this by showing up to meetings prepared. Your attorney is busy, so consider typing up questions you have or bringing any relevant documentation with you.

4) Make sure that your understand your obligations. After talking to your attorney, be sure to ask what you need to do and what your responsibilities are. If your attorney gives you directions or instructions, follow them to the best of your ability.

5) Make sure that your understand the relationship. No attorney can guarantee that your case will win or that you will receive a substantial settlement. Being honest and choosing a good attorney improves your chances for a positive outcome, but be aware that your attorney's role is to represent you in the best way possible. The actual outcome of your case will not be known until your case works its way through the court system.

Continue reading "Working with a Florida Personal Injury Attorney" »

A new study out of Cincinnati Children's Hospital Medical Center has found that injuries to children have declined with the wide-spread use of home safety devices. Researchers tracked two groups of families. One group of families with newborns installed stairway gates, safe storage areas for sharp objects, smoke alarms, carbon monoxide detectors, cabinet locks, electrical outlet covers, and hot water heaters set below 120 degree Fahrenheit. Another group of families with newborns did not install any of these safety measures. After two years, the families with safety devices had 70 percent fewer home childhood injuries.

According to the study's authors, most injuries to children take place in the home, especially for younger children. The authors note that first-time parents and low-income parents are more likely to be at risk for injuries in the home, possibly due to fewer quality safety devices and access to such devices. Statistics show that across the country 2800 children are killed from injuries in the home and many of these injuries are preventable. Millions of children visit the emergency room each year due to preventable injuries sustained in the home.

Parents interested in preventing Florida injuries to children and minors can work on introducing these safety devices into the home:

1) Stairway gates and other barriers. These prevent falls and are important in any home with a toddler. It is important to select quality gates that are sturdy enough to resist pushing. Parents should install these even on smaller steps and staircases. Parents should also install window barriers, especially on any windows that are accessible from cribs. Each year, infants and small children are killed by falls from windows they have been exploring.

2) Safe storage areas. In addition for safe storage areas for sharp objects, such as knives and scissors, it is important to create safe, locked storage areas for paints, aerosol sprays, cleaners, and other household chemicals. Even pots and pans can be dangerous, which is why cabinet locks are also important.

3) Carbon monoxide detectors and smoke alarms. Working alarms are instrumental in preventing Florida burn injuries, smoke inhalation, and other fire-related injuries.

4) Electrical outlet covers. Electrical outlets are often at child level and are an attractive curiosity to small children. Small fingers stuck in these outlets can cause serious injury. Child-proof electrical outlet covers, correctly used, can help prevent injuries.

5) Lower heat hot water heaters. Setting water heaters below 120 degree Fahrenheit ensures that water from the tap does not get hot enough to cause serious scalding and burn injuries. As well, lowering water heater temperatures can help reduce energy usage and costs.

Continue reading "Preventing Personal Injuries to Minors and Children " »

If you have sustained an injury, you may wonder whether you should consult a Florida personal injury attorney or pursue legal action. In general, if you believe that you have a personal injury case, you will want to ask:

1) Where did the injury take place? If your injury occurred on a private or public property that does not belong to you, you may be able to pursue a Florida premises liability claim or a personal injury civil suit. However, even if the injury took place in your own home, you may have a Florida product liability suit or may need an attorney if you need to negotiate with your insurance carrier.

2) Did the injury directly cause damages? Legal actions are not meant to be punitive; they are meant to help you recover the damages you have sustained due to the injury. Therefore, if you have lost work time and therefore income or have had medical costs due to your injury, you have damages. Your injury must have caused these damages quite directly.

3) What caused the injury? In general, personal injury lawsuits are pursued in cases where an injury was not an accident, but rather caused by someone's negligence or recklessness. However, it is often difficult to assess this. For example, if you have been in a car accident, you may not realize that your tires have a known defect that the manufacturer knows about. A qualified personal injury attorney will investigate the injury and the accident to determine whether there are liable parties for the injury.

In general, if you believe that you may have a personal injury case, it is best to consult with an experienced Florida personal injury attorney. It is often difficult to tell whether there is a case without extensive legal experience and training. An attorney can inform you of your rights and your options, so that you can make your decision from a position of strength. An attorney may also have a unique way of looking at your case that helps you understand your case more fully. In most cases, there is no obligation in talking to an attorney and many legal teams – including the Flaxman Law Group – offer free, no-obligation initial consultations specifically to help you understand whether you have a case.

Continue reading "Do You Have a Florida Personal Injury Case?" »

Personal injuries are quite common in Florida in the summer. There are many types of injuries that can take place – and many ways to prevent them:

1) Boating injuries. Florida has many options for water enthusiasts, and boating along the state's many waterways is a time-honored way to celebrate beautiful weather. However, Florida is also one of the leading regions for boating accidents. Proper training, a well-maintained boat, sober boating, and safety equipment on board every boat can help prevent many Florida boating accidents.

2) Pool injuries. At this time of year, many people enjoy cooling off in a sparkling pool. Unfortunately, pools can also cause injuries – and spark Florida premises liability action. If you have a pool, keep in well-maintained and when you are not using your pool keep it well-covered and beyond a locked gate. An alarm system for your pool can be useful in letting you know if anyone is accessing the pool area without your permission.

3) Florida car accidents. Since many people travel more during the summer, Florida car accidents can increase over the summer months, especially on weekends. Summer holidays and barbeques can also lead to Florida drunk driving accidents. Extra caution is needed on the roads at all times.

4) Injuries to children and minors. With children home from school for the summer, home-based accidents become more common. Supervision and safety devices can help prevent many of these accidents.

5) Burn injuries. Summer often means campfires, barbeques, and even electric and all-natural insect repellants that can cause burn injuries. Avoid fires and injuries by using the right tools when cooking with an open flame and by keeping all outdoor cooking well away from flammable materials and your home.

Continue reading "Summer Personal Injuries in Florida – How to Prevent Them" »

According to statistics, an American dies every eight minutes due to work-related injury or illness. Workplace injuries and illnesses can happen at any workplace, although some jobs are assuredly more dangerous than others. Workplace injuries can include Florida slip and fall injuries, asbestos exposure, workplace car accidents, and more.

Workplace accidents can be devastating because they can result in high medical costs as well as lost income. In some cases, workplace accidents lead to tragic fatalities. There is workers compensation insurance and the Occupational Safety and Health Administration (OSHA) to protect workers, but some experts say that these resources do not help enough. According to some experts, OSHA does not have the resources or funding to prevent workplace accidents and in many cases workers compensation fails to provide workers with the lost income and medical cost coverage needed to recover from an accident.

When a worker is injured on the job, the employer's workers compensation covers lost income and the medical costs of the injury. However, by accepting workers compensation, workers largely waive their right to pursue legal action against their employer. The aim of workers' compensation is to provide quick insurance for injured workers as well as protection for employers. Employers who pay into workers compensation face less liability for workplace injuries – barring severe negligence – and employers are not supposed to wait until the case is investigated before getting funds.

In reality, experts say that the system lets workers down. In many cases, employees find that workers compensation covers only the bare minimum of costs and still leaves them without the funds to get quality medical care and to pay the bills. As well, the waiver of legal action is a serious impediment. In many cases, legal action against employers can result in a fairer settlement as well as safety changes which help other employees, some argue. Some experts feel that this facet of workers' compensation means that employees get compensation for injuries at too high a cost.

Another problem is insurance fraud. Some employers claim to have coverage but employees find out – often only too late – that employers are not in fact covered. As well, concerns over insurance fraud by employees sometimes leads to accusations against employees, delayed claim payments, and other hassles, which places a great deal of financial stress on injured workers.

Continue reading "Florida Workplace Injuries and Workers' Compensation " »

According to the Institute of Medicine of the National Academy of Sciences, 98 000 people die each year across the country due to medical mistakes made in hospitals. Medical mistakes are an unfortunate problem with serious consequences. Cancer misdiagnosis in Florida, for example, can delay a treatment and can cause a death that could have been prevented. Florida misdiagnosis for other illnesses can cause complications when patients are given the wrong treatment. Preventable infections in hospitals and medicine errors can also cause serious complications and deaths. There are many things that can be done to stop these tragedies:

1) Greater awareness. When patients are aware of the risks of medical mistakes in hospitals and medical clinics, they often become more aware of their treatment, ask more questions, and stay alert. This can sometimes help prevent a misdiagnosis or problem.

2) A better system. Unfortunately, many medical facilities and medical professionals are reluctant to admit fault in cases of misdiagnosis and error, which means that such cases do not receive the investigations needed to prevent future problems. A system that holds doctors accountable and asks for changes could help reduce tragedies over time.

3) Florida medical malpractice cases. Unfortunately, it often takes legal action to shine a spotlight on problems with a particular hospital, clinic, or doctor. When families seek legal claims, judges often make recommendations to help prevent similar mistakes and problems in the future. Hospitals also are often forced to take steps as a result of litigation to improve patient safety.

4) Different legislation. In 2004, a bill of rights for patients was created in Florida and it was decided that doctors with multiple findings against them for patient safety violations would be punished. However, legislators can go further in protecting patients from harm.

Continue reading "Preventing Florida Misdiagnosis and Medical Mistakes" »