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Category: Personal Injury

  • Understanding the hidden damages of a car accident

    The damages involved in a car accident can be significant. It is no wonder Florida’s no-fault laws require car drivers to carry a minimum of $10,000 worth of personal injury protection. The problem is that we do not always realize the extent of the damages until it is too late. They can far exceed what the insurance will cover. If you suffered injuries from a car accident, you might want to pursue a personal injury lawsuit. However, you should understand the hidden costs and damages in a car accident to maximize the settlement.

    The financial costs

    The vehicle repairs could be more extensive than you initially realized. You may have suffered physical injuries that take longer to manifest. Here are other financial expenses you should consider:

    • Income loss
    • Medical expenses and medication
    • Rehabilitative costs
    • Vehicle damage
    • Property damage
    • Traffic fines
    • Increase in insurance premiums
    • Additional and unexpected car repairs
    • Towing services
    • Vehicle rentals or temporary transportation fees

    It is not enough to account for the immediate damages. You must be aware of how the accident will change your daily life. When you cannot work or physically care for your family, you might even need to hire help. Sometimes, the damages are not only financial.

    The emotional costs

    After a car accident, a person can have difficulty driving again. Serious motor accidents can result in posttraumatic stress disorder or PTSD. It could put a strain on your relationships at home and work.

    A car accident can seriously affect your life. Failing to account for all the economic and noneconomic damages you incurred from the car accident might lead you to settle for less than what you need to make a full recovery.

  • Did you slip and fall on government property?

    Imagine running your errands on an average day without knowing that it’ll be fateful when you must contemplate suing the government for your tragic slip-and-fall injuries on their property.

    Your slip-and-fall incident may have occurred in government-owned and -maintained locations such as offices or buildings, public sidewalks, libraries and parks. If you’re strong-willed to pursue a personal injury claim, you must know that there are varying processes, timelines and awards for each government level involved in your case.

    Florida’s sovereign immunity law

    As much as you’re determined to file a lawsuit, it won’t be as straightforward as you hoped. Sovereign immunity prevents an average citizen from suing U.S. state or federal governments for monetary damages in negligence-based personal injury claims. However, this legal protection differs per state.

    Under Florida’s statutes, you may only file a lawsuit against the state government if their employee’s actions led to your injuries. In the most catastrophic cases, even death is possible. But the state’s waiver includes three limitations:

    • Damage caps: $200,000 against a government agency and $300,000 for multiple government agencies. If you believe you deserve more than these specified amounts, you may file a petition to request more damages.
    • Intent: You may not hold any state employee liable unless their actions were committed maliciously, in bad faith or caused human rights infringement.
    • Punitive damages: You cannot collect punitive damages on top of your compensatory damages.

    Further, the Federal Tort Claims Act (FTCA) adds another level of complexity. Before filing an administrative claim, you must first assess if your situation is permissible under the FTCA guidelines. If your situation applies and you have adequate proof to support your claim, you must ensure filing it on time. Florida’s statute of limitations specifies that you have four years since your slip-and-fall accident. After which, the FTCA allows six months for the government agency to either agree to or refuse your claim.

    Addressing legal adversities

    With extraordinarily complex laws under consideration, it will be too overwhelming to tackle the process on your own. You would not want to risk missing deadlines and misinterpreting important government statutes. You may seek the help of a legal counsel who could ease your worries and help you receive a fair judgment for your personal injury claim.

  • Can social media endanger your personal injury case?

    After an accident – whether it be a slip-and-fall, car crash, dog bite or even a loved one’s wrongful death – you usually want to inform your family, friends and colleagues through a social media post. It’s easy and quick to do, so why not?

    Posting on your social media accounts seems like a harmless move only meant to convey tragic news with just a digital click. However, what you think is a convenient way to connect to your circle can hurt your Florida personal injury claim.

    Think before you post, or don’t post at all

    Anything you share through your social media platforms, like Instagram, Facebook, Twitter, TikTok, YouTube, Pinterest and LinkedIn, is accessible and usable in court by the defense and insurance companies. They may turn the tables against you using the content you put out on the internet.

    • Status updates: The words you use online to describe and explain your memory of the incident may not match your testimony during court proceedings.
    • Private conversations: Chats or direct messages, even if configured with elaborate privacy settings, may still be under investigation once served with a subpoena.
    • Photos and videos: Images or visuals implying that you are doing well and performing your usual activities, like eating out at your favorite restaurant or going on your nightly run, may discredit the severity of your injuries.
    • Location check-ins: Especially if you seek compensation for noneconomic damages such as emotional distress, being at a delightful spot may demonstrate that your current state is not as miserable as you claim to be.
    • Engagements: Commenting on other people’s posts about your accident may also expose your thoughts to inaccurate interpretations.

    Possible damaging content extends to your other online contacts who also have an opinion about your accident. It helps to warn them to refrain from all case-related posts as it only undermines your credibility rather than moving your claim forward.

    Getting off the web for now

    In the age of social networking, you cannot be too vigilant. Instead of contemplating what to post next, minimize online visibility and assess your existing virtual profiles. You can protect your rights by going offline for the time being and discussing your action plan with your legal counsel.

  • Are you a victim of road rage?

    We have all experienced road rage. It is when a person gets behind the wheel while experiencing extreme anger and taking it out on other drivers or pedestrians. Road rage is much like drunk driving in that the driver’s uncontrollable anger may impair their mental faculties the way alcohol would. It is also one of the leading causes of motor vehicle accidents. The problem is that it is more challenging to make a claim against an angry driver than a drunk one. Breathalyzers only account for intoxication, not aggression. How would you know then if you are a victim of road rage?

    How to tell if another driver is exhibiting signs of road rage

    Drivers experiencing road rage are more prone to dangerous behaviors on the road. They tend to project their stress and hostility toward unsuspecting drivers, cyclists and pedestrians. When on the road, you should be wary of unreasonably aggressive drivers. Here are signs you should watch out for:

    • A driver speeding or attempting to speed even in traffic
    • A driver tailgating or following behind other vehicles too closely
    • A driver ignoring traffic lights or road signs
    • A driver changing lanes without signaling
    • A driver honking their horn nonstop
    • A driver shouting or making obscene hand gestures

    If you feel that an aggressive driver is displacing their anger toward you, do not engage. It can be a terrifying experience when an angry driver is targeting and victimizing you. Try to maintain a safe distance behind them. Remember that they have already lost their temper, so do not lose yours.

    What if the aggressive driver causes a car crash?

    Immediately call the police because they may be capable of more than just property damage. You can pursue a personal injury lawsuit since the driver drove recklessly and negligently. Just because you chose to stand down while the driver was victimizing you on the road does not mean you should do the same in the courtroom.

  • Why many car accidents occur

    Driving carefully and focusing on the road could help a Florida commuter avoid an automobile accident. Sometimes, drivers must pay attention to others who are operating their vehicles recklessly. Government-compiled data shows that reckless behaviors contribute to many accidents annually.

    The reasons for crashes

    Government entities keep track of accidents and their causes. Studying the reasons for accidents may help find solutions to the underlying factors. The National Highway Traffic Safety Administration noted that more than 6.7 million traffic accidents occurred in 2019, with a significant number being preventable. A deeper dive into the data reveals the frequent reasons for vehicle crashes.

    The roads will never be free of speeding vehicles. Agitated, stressed or impatient drivers may press down on the gas pedal and drive at an unsafe speed. Hazardous road or weather conditions might not deter them. The same may apply to other traffic violations that increase accident risks, including impaired driving, leaving someone open to criminal and civil consequences after a collision.

    Other causes and concerns

    Distracted driving continues to be a problem. A driver who pays more attention to an infotainment touch screen than traffic could cause a collision. Someone could also become distracted while driving by glancing away from the road when something inadvertently catches their attention. Those who cause motor vehicle accidents because they are too tired to concentrate may face civil actions after a collision.

    The resultant accidents could be a rear-end or head-on collision, or they may involve rollovers. Some crashes could result in a vehicle hitting a pedestrian or bicyclist. Ultimately, if a reckless driver causes harm, there could be civil or criminal consequences.

  • How to avoid winter slips and falls

    As winter approaches the danger of slips and falls increases. Even in sunny Florida, rain, snow, and sleet make surfaces slippery and more dangerous. However, there are things that you can do to ensure that you stay safe.

    Have a plan

    Be knowledgeable of weather conditions and wait for bad weather to improve before going out. Don’t rush, give yourself enough time to get to your destination. Try another route if your usual one is particularly snowy or icy. having a plan can help avoid slip-and-fall accidents.

    Pay attention

    Look out for icy patches and test for black ice. Scan your route for rocks, snow or stray branches that could make you fall. Stay off your cell phone while you are walking.

    Dress appropriately

    Wear extra layers of clothing and gloves, the extra padding can help if you have a slip and fall accident. Boots or shoes that have sip resistant soles are the safest during winter weather. Avoid loose shoes or shoes with high heels.

    Keep your hands free

    Carry as few items as possible, you want your arms free to help keep your balance. If you must carry several things, use a backpack. You can avoid serious injuries by bracing yourself with your hands. If you fall, drop what you are carrying and protect your body.

    Be careful entering or exiting

    When you are exiting your car, hold on to your vehicle. When you are entering a building, wipe your feet: Removing as much snow and ice as you can decreases the likelihood of a fall once you are inside. Use handrails if they are available.

    The surest way to stay safe during dangerous weather is to stay inside, however, that is not always possible. Use care if you do have to go out. Be aware of your surroundings and take your time.

  • What is a post-traumatic headache, and why does it occur?

    It’s normal for all residents of Florida and other areas to experience occasional headaches. However, after suffering head trauma, you might deal with a specific type of pain. This is known as post-traumatic headache, and this is how it affects you.

    Understanding post-traumatic headaches

    A post-traumatic headache can occur within seven days of sustaining a traumatic brain injury (TBI). Sometimes, it develops after a person comes back from unconsciousness.

    Post-traumatic headaches are intensely painful and similar to migraines as it’s possible to experience side effects such as sensitivity to light, nausea and vomiting. They can feel like pounding in a person’s head. Other possible symptoms of a post-traumatic headache may include fatigue, dizziness, insomnia, mood and personality changes, nervousness, memory and concentration problems and depression.

    Many people who develop post-traumatic headaches improve within three months, but some experience them for even longer. Women and anyone with a family history of migraine are more at risk for post-traumatic headaches.

    Causes of post-traumatic headache

    As post-traumatic headache develops from suffering a TBI, there are different ways the injury can occur. Car accidents often result in severe trauma to the head upon impact. The person’s head may be whipped violently forward and then back or from side to side and the brain is jolted, hitting one side of the skull and then the other.

    Falls that result in a person hitting their head on the ground or another surface can also cause TBI. Sports and acts of violence that involve blunt force trauma to the head can also lead to the development of TBI and later, post-traumatic headache.

    A post-traumatic headache is often debilitating, affecting the victim’s ability to perform regular daily activities. Seeking medical attention might help improve a person’s condition.

  • What should you know about Florida medical care and spinal cord injuries?

    Spinal cord injuries may cause permanent disabilities or even death. Florida residents who believe they sustained a spinal cord injury should seek medical care immediately. Seeking care immediately could prevent the spinal cord injury from becoming worse.

    Common causes

    Spinal cord injuries occur due to a variety of accidents, violence or diseases. Some of the most common causes include:

    • Car accidents

    • Slip and falls

    • Gunshot wounds

    • Knife wounds

    • Sports injuries

    • Cancer

    • Spinal cord inflammation

    Signs and symptoms

    Since spinal cord injuries typically begin as a personal injury following an accident, you may start to notice signs and symptoms right away that you may have spinal cord damage. These symptoms occur most commonly and may alert you to the presence of spinal cord injuries:

    • Extreme back pain

    • Weakness in any part of the body

    • Sudden loss of bowel or bladder control

    • Impaired breathing

    • Tingling or numbness in toes, feet, fingers or hands

    • Balance problems

    Accident victims

    Accident victims should seek medical examination to ensure they have not sustained a spinal cord injury. Any delay in seeking help may complicate the wound and cause an extended recovery period.

    Testing and diagnostic procedures

    You will first endure a physical exam when you seek medical treatment for a possible spinal cord injury. During the exam, the doctor may test your breathing and pulse rates. In addition, doctors typically test your strength and feeling in your arms and legs. To thoroughly test your spinal cord, your medical provider may order x-rays, CAT scans or MRIs.

    Impact on your life

    Seeking medical diagnosis and treatment for your spinal cord injury can result in significant medical bills. Even with treatment, you may have difficulty returning to work. In addition, accident victims who sustain injuries to the negligence of others often seek legal action and compensation to help pay for the expenses that occurred due to spinal cord injuries.

  • The latest accident statistics for Florida boaters

    While the total number of boating accidents recorded last year was down from the previous one, the bad news is that there were still a total of 751 mishaps. Boating accidents caused 60 fatalities, 469 injuries, and $20 million in property damage overall.

    The total of boating accidents has decreased

    The number of boating accidents actually decreased from the figures that were recorded in 2020. These included a total of 836 accidents and 79 fatalities. The number of boating accidents in Florida increased by a wide percentage along the Treasure Coast. This area was the source of 43 accidents in which four people were killed. However, Miami-Dade is still the area with the most recorded boating accidents, listed as 95. Monroe County also recorded a high number of accidents at 91.

    Most common causes of boating accidents

    Many boating accidents are caused by the same kinds of issues as motor vehicle accidents on the highway. These include speeding, not wearing proper protective gear, and distracted driving. A boat takes longer to react than a car does, so you have to plan moves earlier than you would in an automobile. According to experts in the safety industry, the most common causes of boating accidents were collisions with other vessels or fixed objects.

    The number of vessels being registered in Florida increases with each passing year. This is largely due to the fact that over 1,000 people per day relocate to Florida. Many of these people are moving here because of the widespread water access and ubiquitous boating culture. As a result, boating safety and boating accident prevention have never been more important.

  • Understanding cerebral palsy in Florida

    Cerebral palsy is a neurological disorder that results from a brain injury or abnormality. It can occur during pregnancy, at birth, or after birth. This disorder can range from mild to severe, and it can affect any part of the body.

    What are the symptoms of cerebral palsy?

    The most common symptom of cerebral palsy is muscle weakness. This can cause problems with movement, balance, and coordination. Other symptoms may include stiff muscles, tremors, and problems with hearing, vision, swallowing and speaking. That means that if your baby is diagnosed with cerebral palsy, he or she may need special education and therapy services to help him or her reach his or her full potential.

    What causes cerebral palsy?

    There is no one cause of cerebral palsy. It can be caused by a variety of factors, one of which is medical negligence. If a doctor or other medical professional fails to provide the proper standard of care, it can result in a brain injury that leads to cerebral palsy. Other causes may include genetic abnormalities, infections and personal injury accidents leading to head trauma.

    Can it be treated?

    There is no cure for cerebral palsy, but there are treatments available that can help improve a child’s quality of life. Physical therapy, occupational therapy and speech therapy can all help children with cerebral palsy to develop their skills and abilities. In some cases, surgery may be necessary to correct problems with muscle contractions or joint deformities. Additionally, many children with cerebral palsy require the use of assistive devices such as wheelchairs and walkers.

    If your child has been diagnosed with cerebral palsy, it is important to seek out the best possible treatment for him or her. With the right help, your child can lead a happy and fulfilling life.