Florida Injury Lawyer Blog

If you have been in a Miami car accident, workplace accident, or have otherwise sustained a serious injury in some other fashion in the city, negotiating the legal and medical help you need can be difficult. Many Miami accident victims are frightened and confused after their accident, unfamiliar with the legal and medical procedures often required after a serious injury or accident. Many victims are also initially reluctant to contact a Florida personal injury attorney, assuming that an attorney is only necessary in cases where a victim wishes to go to court. However, calling a Miami personal injury attorney can be one of the smartest things you do after your accident. That's because a qualified Miami personal injury attorney can do several things, including:

1) Offer immediate help and advice after your accident. After a serious Miami motorcycle accident or other type of injury or accident, you will need many types of help. For example, you may need to determine how to replace lost income if you are unable to work. You may need help finding a car repair shop, car rental, or medical help. This can be especially confusing if you are only visiting Miami and no familiar with the area. Qualified attorneys, including the legal team at the Flaxman Law Group, can offer immediate over the phone advice that can help you get the help you need.

2) Offer legal advice. It can be very confusing to determine what your options and legal rights are after an injury or accident. Laws are often written in confusing jargon, and may span entire volumes. As well, laws are costly changing, thanks to precedents set in court cases. A qualified Miami attorney can help you determine what your rights and options are, which can help you make the right decision in your case.

3) Help you determine the true cost of your accident. If your insurance carrier offers you a sum of money as compensation for your accident or injury, how can you determine what is a fair estimate of your costs? It is all too easy to underestimate the many costs following a Miami accident or injury. You may require long-term care, home care, rehabilitation, medicine, car repairs, and many other expenses. A qualified Miami attorney can help you determine the true cost of your accident, including long-term costs, so that you know what you need to try to recover.

4) Help investigate the cause of the accident. If you have been in a serious Miami truck accident or other type of accident, you may have plenty of questions about how the accident occurred. A qualified Miami attorney works with networks of private investigators and other professionals who can determine the cause of an accident. This can help protect you if you are held liable for an accident and can help you get the answers you need.

5) Help find all liable parties. If you have been in a Miami traffic accident or other type of accident, it is important to find all liable parties in the accident. Doing so can ensure that you get a fair settlement and are able to recover a fair amount -- one that covers most of your medical expenses, lost income, and other costs.

6) Review insurance and other legal documents with you. If you get documentation from your insurance company or from other sources, the legal language in these documents can often be difficult to understand. You shouldn't sign anything before speaking to an attorney. A qualified Miami attorney can go over settlement offers, insurance claim offers, and other legal documents with you to ensure that you do not sign away your rights.

7) Negotiate with insurers on your behalf. If, as often happens, your insurance company is offering you less than the full cost of your medical care, lost income, and other expenses after your accident, your Miami attorney can negotiate with your insurance carrier to ensure that you get a fair claim amount and that you have to pay fewer expenses yourself.

8) Represent you if you decide to pursue your case in court. If you and your attorney decide that pursuing your case in court is the best option for getting a fair claim settlement, your attorney can represent you in court and can fight aggressively for a fair settlement on your behalf.

Continue reading "How a Miami Personal Injury Attorney Can Help After an Accident or Injury " »

There is nothing more terrifying for a parent than a childhood injury. Each year, hundreds of thousands of children across the US are admitted to emergency rooms with childhood injuries. In many cases, these injuries are preventable. While parents can’t do everything to prevent simple accidents, experts agree that there are many things that parents can do:

1) Avoid distracted parenting. Research has proven it: just as distracted driving often leads to Florida car accidents, distracted parenting can make parents make mistakes. Parenting is a stressful job, which is why it is important that parents take good care of themselves and get help when needed. Help and support ensure that parents are rested and ready to be vigilant about safety.

2) Know what your children are doing – and where they are. Whether you keep a list of your child's friends and phone numbers on hand or use a cell phone to easily communicate with your child, knowing what your child is up to and taking an active interest in their life is important. This allows you to notice and target any behaviors that can lead to an injury. Knowing that your child is not wearing a helmet while biking, for example, is the first step to having a talk about the importance of preventing Florida brain injuries and bicycle accidents.

3) Secure the pool. If you have a pool, use a self-locking gate, pool cover, and alarm system to ensure that no child can wander into the pool area. Unfortunately, Florida pool drownings and injuries are a common cause of childhood injuries and fatalities across the state.

4) Avoid Florida car accidents and car accident injuries. Children spend a lot of time in cars, being ferried to school and activities. In fact, car accidents are a leading cause of death for children of all ages. In a car accident, children are more likely to be flung about and ejected from their seat, unless they are wearing the correct safety restraints. As well, children are more likely to be injured by adult seat belts and air bags in an accident. Invest in a good, age-appropriate safety restraint and use it faithfully each time your children are in the car.

5) Secure windows. Each year, Florida children are seriously injured and even killed in falls from windows. Whether you live in a high-rise apartment or a two-storey home, securing windows with bars or gates is important to ensure that children cannot climb onto the window ledge and fall.

6) Do a safety audit of your home. It is important to periodically check the safety of your home with a walk-through. Create a simple check list that you can use to check for basic safety items and concerns. For example, if you have very small children you may want to check that all electrical outlets are covered. You will want to check that your fire alarms are operational and that all aerosols and chemicals are stored in a safe and locked area.

Continue reading "How Parents Can Help Prevent Injuries to Children and Minors " »

Each year, Florida motorcycle accidents cause fatalities and permanent injuries. Victims of motorcycle accidents in Miami and other Florida cities often find themselves with severe brain injuries, spinal cord injuries, and other serious injuries. In fact, motorcycle accidents can lead to many serious and life-altering changes:

1) Life-altering injuries. Many injuries sustained in motorcycle accidents are quite serious. Motorcycle riders have little chance against the size and force of a truck or car and in many cases riders are ejected from the motorcycle and are thrown some way. Florida burn injuries are also common in this type of accident, because the fuel tank of a motorcycle is generally far more exposed than that of a passenger vehicle. Florida spinal cord injuries and brain injuries are also common with this type of accident, and can lead to permanent injury.

2) Financial distress. Many Florida motorcycle accident victims face severe financial hardship after their accident. While many victims believe that their vehicle insurance and medical insurance carrier will take care of the costs, many victims quickly find out that this is not the case. There is often a cap placed on the recovery for vehicle damage, for example, and many medical insurance carriers do not fully cover the costs of long-term care and so-called "optional" treatments. A victim who has sustained a permanent brain or spinal cord injury may require millions of dollars of medical care over a lifetime. Usually, a victim needs to work closely with a Florida personal injury attorney to secure this type of settlement claim. Medical cost is one of the leading causes of bankruptcy in the US today, so securing a fair settlement is imperative in helping accident victims avoid lifelong financial distress.

3) Job changes. A permanent injury after a motorcycle accident will usually mean extensive time away from work, and resulting income loss. As well, some motorcycle accident victims will be unable to return to their jobs and will need to find an alternative stream of income or will need to train for a new job. A good personal injury attorney can fight for a fair settlement that helps cover these losses.

4) Personal loss and emotional changes. Many motorcycle accident victims feel frustrated and upset after their accident, especially if they have sustained a permanent injury. In some tragic cases, fatalities take place as a result of motorcycle accidents. In these cases, a family loses a loved one and often an income-earner as well. While there is no way to put a price tag on grief, Florida law does make provisions which allow victims to pursue damages for pain and suffering. This settlement money can help pay for counseling and other forms of care which can help a family deal with their loss.

If you or a loved one have been in a Florida motorcycle accident, there is a great deal to think about. The total costs and expenses will typically be much higher than you realize at first. Even an accident that does not lead to permanent injury can result in tens of thousands of dollars in medical costs, repair costs, and lost income. If you have been a motorcycle accident, it is important to consult with a qualified attorney. A good Florida attorney can evaluate your case, determine the costs of your accident, and can aggressively fight for your rights so that you at least have the financial resources you need to focus on healing.

Continue reading "Florida Motorcycle Accidents Cause Many Life Changes for Victims" »

If you have an elderly loved one who is frail or ill, you may already be worried about Florida slip and fall injuries. These types of injuries are in fact one of the leading causes of personal injury among elderly individuals. If someone you care for has suddenly been diagnosed with a new illness, their risk for these types of injuries may be higher than average, especially as they learn to adjust to their medication or condition. Some eye conditions as well as serious illnesses such as dementia, arthritis, and other illnesses can all increase the risk of a slip and fall accident. Even a new type of medication can lead to dizziness or faintness that leads to a slip and fall accident.

While for a young, healthy person a slip and fall accident may be nothing more than an embarrassment, for an elderly person who is already ill it can lead to serious complications, broken bones, Florida spinal cord injuries, head injuries, and other serious injuries. Luckily, there are several things you can do:

1) Make sure that your loved one gets the treatment they need. Whether it is an eye condition or a condition that affects muscles and mobility, getting proper treatment from a physician is vital and can help reduce the symptoms that can lead to slip and fall accidents in the first place. When discussing treatment with a physician, make sure that your elderly loved one also gives advice about avoiding accidents and complications possible with their illness.

2) Help your loved one adjust to life with a new illness. If an elderly loved one has been just diagnosed with a serious illness, they will need some time to adjust to life with new mobility, new medications, or the new condition. It may be helpful to stay with your loved one for awhile or hire temporary part-time help at home to ensure that your family member gets the support they need. Help with daily tasks and gentle reminders about treatment or doctor's appointments can go a long way towards ensuring that their health is taken care of.

3) Offer help with accessibility. Today, there are many tools and resources available for elderly loved ones with a serious ailment. If your elderly loved one has been diagnosed with a specific ailment, it can be useful to join a support group for people with that illness. This will help give you some ideas of the types of adjustment that may be necessary in order to lead a full, happy life. You may also want to visit a health supply store to find tools and options that can help your elderly loved one stay safe. For example, if your elderly loved one has problems with their eyesight or with mobility, getting no-slip adhesive stick-ons for hardwood floors may be a good option. Grab bars in the bathrooms can also help anyone who has mobility issues. There are number of solutions available.

Continue reading "Helping an Ill Loved One Reduce the Risk of Slip and Fall Injuries" »

Walking is a great exercise, especially at this time of year, with the leaves out and beautiful fall weather to enjoy. Many pedestrians are enjoying heading out onto walking trails and streets in order to enjoy exercise. Walking in fact provides a great low-impact exercise that can help improve your overall health. Each year, however, pedestrians are injured or even killed in Florida pedestrian accidents. You want to ensure that your walks improve your health, rather than jeopardize it. To avoid becoming the victim of a pedestrian accident, make sure that you:

1) Choose your walking paths carefully. The best place to walk is in a park or along specially designated walking trails, if your area has them. These provide the highest level of safety as they keep you far away from cars and reduce the chance of your being in a Florida pedestrian accident. If there are no walking trails in your area, use sidewalks. If no sidewalks are available, walk along the shoulder of the road, as far from traffic as possible.

2) Walk with friends. Walking with friends ensures that there is someone to call for help if you are injured or suddenly feel ill. Walking with a friend also motivates you to walk more regularly and can make you more visible as a group. A buddy system can also help keep you safer from crime. If you don’t know anyone in your area to walk with, consider joining a walking or hiking club or group.

3) Stay visible. If you are walking in the evenings, early mornings, or at dusk, wear light-colored clothing with reflective tape on it that will show up easily for drivers. Bring a flashlight. This is especially important if you will be walking in any areas shared with cars.

4) Avoid distractions. Listening to music on headphones, texting, or talking on your cell phone distracts you, making you more likely to fall victim to a Florida slip and fall accident or more likely to walk in front of traffic. Staying distraction-free allows you to notice any potential dangers around you and to respond adequately.

5) Talk to your doctor before starting a walking regimen. While walking is a low-impact exercise that is safe and appropriate for many people, it is a good idea to discuss your health goals and your overall condition with your doctor before embarking on any exercise routine.

6) Choose appropriate walking clothes. Opt for sturdy, comfortable shoes that fit well and comfortable walking clothes. Incorrectly clothing and shoes can make it more likely that you will fall.

Continue reading "Walking Safety to Reduce Florida Pedestrian Accidents" »

More than fifty percent of high school students play some type of sport in after-school or in-school programs. However, experts say that sports injuries among children are increasing. Some statistics also show that girls are especially vulnerable, and have twice the rate of concussions as well as a greater chance of sustaining serious sprains and fractures, when compared with boys. Part of the problem is that girls use their quadriceps more than their hamstrings as well as their ligaments more than their muscles for running and jumping, increasing risk of injury.

The according to pediatricians and other experts, there are many things that parents can do to keep both boys and girls safe from sports-related personal injuries:

1) Make sure your child has all the right safety gear for her sports – and uses it every time. This is especially important in terms of mouth guards and helmets, if your child plays a sport that requires them. A good helmet that is properly fitted and worn every time your child plays can vastly reduce the risk of your child's sustaining a serious Florida brain injury. Your child's coach or a local sporting supply store can help you understand what safety equipment your child needs. Consider buying equipment even if your child is given safety equipment at school. If your child has their own equipment, you can ensure the best quality and a better fit, ensuring greater safety.

2) Make sure that the gear fits correctly and is replaced as needed. The safety equipment for sports wears out quickly and as children grow, the equipment may need to be replaced frequently to ensure a proper fit. A helmet that has been in an impact should be replaced with a new one to provide full protection against brain injuries. Periodically check the quality and condition of your child's safety equipment and upgrade as needed.

3) Encourage your child to get some additional strength training. This improves overall fitness and may reduce the risk for some types of injuries.

4) Sign up for after-school activities that have a good safety record. Parents who take an active interest in the safety records of after school programs can potentially notice problems and address them before an injury occurs. Ensuring that children are encouraged to play safely and always wear the right equipment goes a long way towards ensuring that your child's after school or in school sporting activities are safe.

Continue reading "Sports Injuries to Minors and Children: Girls May Be Affected More" »

The American Academy of Pediatricians has publicly stated that teens and children should not engage in boxing, since the sport puts them at risk for brain injuries, concussions, and facial injuries. According to the group, even head guards and other protective equipment used in the sport cannot adequately protect children and teens from injuries. According to Dr. Claire LeBlanc, the American Academy of Pediatricians wants children to play and take part in activities, but recommends that "young people participate in sports where the prime focus is not deliberate blows to the head."

The statement will affect many families in Florida and across the country, since boxing is a popular activity with teens and children. Boxing organizations and lessons are available in schools and as part of recreational options outside of schools. According to some statistics, about 18 000 American teens and children take part in boxing activities. While statistics about injuries are difficult to obtain, some statistics published by the American Journal of Preventive Medicine show that boxing injuries resulted in 8716 emergency room visits annually between 1990 and 2008. In about 2500 cases, the injured parties were children and teens.

According to the American Academy of Pediatricians, boxing is especially troubling because it can lead to concussions, and doctors claim that children's brains are more at risk for concussions and may take longer to heal from this type of injury than adult brains.

Not everyone agrees with the American Academy of Pediatricians about childhood boxing. According to the USA Boxing's Medical Commission, boxing professionals who teach children take every precaution to protect children stepping into the ring. The organization also points out that boxing offers children a chance to exercise and to take part in an activity with others. The organization further points out that at-risk children and teens, especially, can benefit from the discipline and community that boxing offers.

If your child boxes or is interested in boxing, you may be concerned about this new statement from the American Academy of Pediatricians. If you are concerned, you may wish to discuss the safety features that are available at your child's school or after school program, to determine what safety measures are taken to keep your child safe from Florida brain injuries and other Florida personal injury. If your child does have a concussion, it is important to allow that concussion to fully heal before allowing a child to take part in other rigorous activities which may result in a secondary concussion. You can also discuss your concerns with your family pediatrician, in order to get advice specific to your case. Your pediatrician can also help you determine whether boxing is the right activity for your child and can help treat any head injuries your child sustains.

Continue reading "Pediatricians Claim Childhood Sports Can Lead to Florida Brain Injuries" »

The Nova Southeastern University (NSU) College of Allied Health and Nursing is using iPads to treat disabled patients who suffer from spinal cord injuries and other serious injuries. With $13,000 in funding, provided by the Christopher and Dana Reeve Foundation, NSU has purchased 20 iPads to assist spinal cord injury patients.

Researchers at NSU believe that the iPad is easier to use than a laptop or other computers. Spinal cord injury patients, with limited mobility, can use the portable and lightweight iPads to access GPS, the Internet, and other applications. The touch screen, according to NSU, is also easier for spinal cord patients to manipulate. Many things that are impossible for spinal cord patients to do – such as read books – is possible with an iPad. The mobile devices can also be used in occupational therapy, according to NSU researchers. The iPads can also assist patients with cerebral palsy, brain injuries, and other injuries. Additional iPods will be distributed in Broward County, according to NSU researchers.

The research is of particular interest to Florida spinal cord injury patients as well. Every year, Florida car accidents, truck accidents, and other types of accidents cause serious spinal cord injuries to many Florida residents. In many cases, these residents can no longer take part in basic everyday activities, such as reading a newspaper. The new research from NSU does suggest that some mobile devices can help these spinal cord injury patients enjoy a more normal life. As mobile devices become more available and become more affordable, there is hope that these devices could help spinal cord injury patients in Florida and across the country live a more normal life. Generous grants from organizations such as the Christopher and Dana Reeve Foundation could potentially help Florida spinal cord injury patients get access to mobile devices that help them recover and live a more normal life.

The research also highlights a common problem that many Florida spinal cord injury patients have. Many Florida spinal cord injury victims find that insurance carriers do not cover all the costs of treatment after a final cord injury. Spinal cord injuries are among the most expensive injuries after a car accident or truck accident. Many spinal cord injury patients require a lifetime of rehabilitation and suffer a lifetime of income loss. Despite this, insurance carriers are often unwilling to pay for devices and treatments which could potentially help spinal cord injury victims lead a normal life. It is unlikely that the NSU research, for example, will convince insurance carriers to pay for the costs of iPads for spinal cord injury patients.

In addition to generous donations from the Christopher and Dana Reeve Foundation, Florida law also protects spinal cord injury patients in cases such as these. If you have been in an accident and have sustained a serious spinal cord injury or another serious injury, contact a qualified Florida personal injury attorney. An attorney can help you negotiate with your insurance company, so that you can heal and recover more fully. A good attorney can also help determine the liable parties in your accident and can help pursue your case so that you get a fair settlement, which allows you to pay for medical care and rehabilitation expenses.

Continue reading "Could iPads Help Florida Spinal Cord Injury Patients?" »

Florida is fortunate enough to have two National Hockey League (NHL) teams -- the Florida Panthers and the Tampa Bay Lightning -- and as sports fans know, the National Hockey League has been recently embroiled in debates about head injuries. A number of hockey players in recent months and years have been severely injured with head injuries and brain injuries, prompting a debate in the organization about the role of head injuries in the organization. This debate can actually teach us quite a bit about Florida brain injuries -- and not just those that happen in sports:

1) Brain injuries don’t take a car accident. Brain injuries can happen anywhere, even though Florida car accidents are a major cause of these types of injuries. In ice hockey, head injuries and brain injuries often occur when players get into fights or when they collide with other players. Head shots and checks are also a frequent source of head injuries. When players return to the ice too soon after an initial head injury, they can sustain an even more serious injury if they are targeted again.

2) Public attitudes have a lot to do with brain injuries. For years, on-ice fighting was seen as an essential part of the culture of ice hockey, and in many cases head shots (and their resulting injuries) were seen as simply a part of the game. However, even diehard sports fans are now questioning these assumptions. High-profile hockey players are also speaking out against head shots and against fighting in this sport, which could eventually change ice hockey culture as well as the instances of brain injuries and head injuries in hockey.

3) Brain injuries can take a long time to heal – even with no outward symptoms. Many hockey players that have recently been injured -- including the Pittsburgh Penguins' Sidney Crosby -- have fortunately been able to resume their normal daily life. However, on the ice they still experience dizziness and other symptoms of head injuries. Some hockey players find themselves out of the game for months or even a lifetime as a result of their head injuries. As well, the increasing debate about head injuries in the NHL has prompted some experts to come forward and to claim that many had injuries that occur on the ice actually have no symptoms. Some medical experts have suggested automatically checking all players for head injuries after every fight or after every trip to the penalty box. Already, the NHL has created the "quiet room,” to help evaluate players who may have sustained a brain injury on the ice.

4) Brain injuries deserve more attention. Whether you're a sports fan or not, the debate about head injuries in ice hockey has created more communication about brain injuries in general. For example, the role of brain injuries in childhood sports has also gotten more attention as the number of brain injuries in the NHL has been in the news. This type of open discussion can help create new options for treatment and new preventative strategies.

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