Slip and Fall Accidents Cause Personal Injuries
February 22, 2009 by christy · Leave a Comment
Slip and fall, or slip, trip and fall accidents are not always the easiest cases to try for the simple reason that the landowners only have a certain limited liability to those who come onto their property. Each case varies according to the set of circumstances, and this is one of the first things a competent Orlando personal injury lawyer will tell you.
A slip and fall accident “falls” within the realm of personal injury, which as your Orlando injury attorney will tell you, means an injury directly to your “person” such as when you fall on someone’s property, thanks to a dangerous situation. You may have tripped over an uneven sidewalk, jammed your foot and ankle in a hole in the ground, or even fallen over blocks sitting out in the middle of nowhere. No matter what caused you to fall, you’re likely going to hurt later.
If you suffered injuries that are bad enough that they sent you to a doctor for treatment, your Orlando accident lawyer will advise you that there may be a case for claiming compensation for the medical expenses you incur. In addition, you may also be able to claim pain and suffering and/or other economic loss. This is something that must be discussed with your personal injury lawyer.
While there are various ways to settle a slip and fall case, one of the first ways that may produce results (and save a costly trial) is to attempt a settlement with the property owner. This must be negotiated by your Orlando injury lawyer, and not something you try on your own; or literally, you will have no leg on which to stand. This is your lawyer’s job, and it’s best to let him or her do the job. Just remember to keep track of all your receipts for your expenses, after your slip and fall incident.
If the first route of settlement doesn’t bear fruit, then usually it is time to take the case to court and when that happens, the claim is filed against either public or private property and is phrased as a personal injury due to negligence. This is where the expertise of your Orlando accident lawyer will come to the fore. They have the ability to assess and evaluate damages and get a maximum settlement from the courts.
While you may think hiring an attorney for a slip and fall accident is rather ridiculous, think of it this way — if you fell and were injured due to someone else’s negligence, then you are entitled to compensation. It’s that simple.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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Spinal Cord Injuries Costly
February 22, 2009 by christy · Leave a Comment
Spinal cord injuries have been documented in history as far back as 1700 BC when a treatment for such an injury was penned out by a doctor of the times. Spinal cord injuries are still with us today, but suffice it to say the method of treatment today is likely far more advanced.
At one time when someone suffered a spinal cord injury it was considered permanent, as there was no real medical solution to address this. Thanks to advancements in modern medicine and the wondrous discoveries of the 21st century, this has changed, and there is a glimmer of hope. This isn’t to say that there is a cure, but there has been a remarkable change in the amount of time people stay in the hospital for this type of injury. An Orlando injury lawyer knows this first hand.
While there is no real way to totally reverse this type of injury, the kinds of treatments have improved dramatically and when combined with a laser-like focus on helping the person return to a full life, great strides have been taken. This only happens if the person gets immediate treatment right after the injury and if they make the decision to continue the spinal cord injury care, in consultation with their Orlando personal injury lawyer.
The first thing that makes a significant difference to a spinal cord injury patient is the prompt treatment of the initial cause of the paralysis. There are a variety of ways to achieve that, including medication and immobilization. The medication used is generally Medrol, known as methylprednisolone, which decreases the inflammation near the site of the injury. This must be given within 8 hours of the injury. This medical intervention has been known to promote recovery to a certain point.
Immobilization usually means a body harness, traction, or even metal braces to stabilize the spine for transport or for an MRI. While there are no guarantees it will cure this type of injury, immobilization combined with medications and supportive therapy has a significant chance of making a difference in the outcome of spinal cord injuries. Injuries like this need to be investigated by your Orlando accident lawyer to ensure you receive just compensation as a result of your accident.
If you are faced with a situation like this, make sure you call and consult with an Orlando personal injury lawyer. Only your lawyer will be able to inform you of the long-term ramifications and discuss settlement issues that will directly affect your life.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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Florida Is Tough on DUI
January 19, 2009 by christy · Leave a Comment
In the state of Florida you can get tagged for driving while under the influence for two reasons. In one of these reasons, it doesn’t matter how much drugs or alcohol you have in your system.
The mere fact that you are driving unsafely and attract the attention of the police is reason enough to get stopped. If the police have reason to suspect you are driving impaired due to the way you are handling your vehicle, you may be arrested for a Florida DUI.
The other way you may be arrested is if your blood or breath alcohol levels are .08% or higher. The fact you were not driving as if impaired makes no difference. It is enough for an arrest even if your actions do not raise suspicions at first.
If you are pulled over because the police have some questions about how you were driving, you will be asked to submit to a breath or urine test. There is no implied consent law in Florida. You do have the right to refuse this test and this is actually the best thing to do. This is where you contact a highly experienced DUI lawyer who has extensive experience handling these types of charges.
The unnerving thing about a DUI in Florida is that there are usually two separate cases, all the more reason to speak to a competent attorney. The first court case, should it even get that far (your lawyer may have succeeded in getting the charges thrown out) is a traditional court case. The other is a Florida Department of Highways Safety and Motor Vehicles case.
When you are arrested, you are handed a 10-day permit to drive and after that, suspended for 30 days. Now if you were smart and hired a DUI attorney, you might not face this suspension. Don’t assume that just because it’s “just a short suspension” that it won’t have grave consequences for you down the road if it is not dealt with promptly. While you may think hiring a lawyer is something akin to overkill, an knowledgeable attorney knows the system and how to make it work in your favor.
Be aware that the 10-day period of time is supposed to allow you to file all the necessary forms, etc., for both court cases. Do not attempt to do this on your own; this is one of the worst mistakes you could make and may have a nasty domino effect. Just remember that everything you do within this system has a consequence that you may not like. Hiring a lawyer gives you a fighting chance to come out ahead.
Just so you know, the first DUI you are charged with in Florida with a blood alcohol level of less than .20% may net a fine of between $250-$500, up to 50 hours of community service, possibly 6 months or less in jail, mandatory DUI education, and the impounding of your vehicle for at least 10 days. You may also have an ignition interlock installed on your car. Is all this worth drinking and driving? Only you are able to answer that, as the fines escalate as the blood alcohol content soars.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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Slipping and Falling and What It May Mean Legally
January 19, 2009 by christy · Leave a Comment
Slip, trip and fall accidents are in the category of personal injury accidents and are defined as someone falling on another person’s property due to a dangerous situation.
While the operating definition is dangerous situation, there are various ways to interpret this according to the law. So if you do slip, trip or fall and injure yourself, make sure you discuss your potential case with a competent attorney. There are several exceptions in this area of the law – call them rules – that would mean a case is not viable for court. This is one of several things your attorney will let you know right away.
What are risky conditions? In general they could be related to snow, bad lighting, icy surfaces, wet surface conditions, cracks, gaps or breaks in floors, uneven pavement or poorly installed expansion joints. If any of these conditions apply in your circumstances, there is a good chance your personal slip and fall claim is eligible for compensation from the courts for things such as pain and suffering and your medical expenses.
Depending on the nature and extent of the injuries sustained as a result of a slip, trip and fall accident, other areas that may qualify for compensation are lost wages and rehabilitation. This means that you need to keep good records in order to put in a claim. Understand as well that liability in these cases is not always laid at the doorstep of the landowner. The law is written in such a way as to protect the owner, meaning the plaintiff needs to prove the landowner was negligent.
If you and your personal injury lawyer have decided to pursue a court case, you may do so against private or public property. One of the major factors in figuring out if there is liability is whether or not the property owners were negligent; if they knew or should have known about the hazardous situation (and had enough notice to fix it.) This is where you need to also know about those two rules mentioned earlier – the open and obvious rule, and the natural accumulation rule.
The open and obvious rule basically states if there is some really, patently obvious danger and you choose to walk right into it, you can’t sue for the consequences. The natural accumulation rule is pretty direct and states, for example, that you can’t decide to sue when it snows on a walking surface and you fall because it wasn’t cleared off.
Don’t let any of these rules stop you from talking to a personal injury lawyer. Each case is different and has different variables. You won’t know until you talk to a lawyer if you have a case or not; and the bonus is the first consultation with your lawyer is usually free.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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It Isn’t Just a Slip and Fall
December 21, 2008 by christy · Leave a Comment
Slipping and falling isn’t just that – a slip and fall – it is also classified as a personal injury, particularly if you have sustained some type of cut, bruise, fracture, concussion or sprain, or strain injury.
The range of personal injuries that can happen to you when you slip and fall is fairly broad and will vary from a serious concussion (that may cause traumatic brain injury) to a seriously bruised backside (and pride). However, no matter what type of personal injury you sustain, it isn’t a laughing matter.
Personal injuries, in fact, are injuries in which you may be able to sue another person for their negligence in causing the accident that injured you. Keep in mind it’s not just the injuries that you may sue for, but also the suffering and mental stress. Look at it this way - serious bruises, fractured ribs, head injuries, spinal cord injuries or bone fractures may take years to heal. This isn’t something that will heal overnight.
Slip and fall injuries may also mean a person (if seriously hurt) may be unable to report to work, may lose wages, have medical bills piling up, and isn’t able to support their family. This amounts to a significant loss in the usual way of life for the injured person and they are entitled to some compensation for these losses if the slip and fall was the result of another’s negligence.
Add it up - mental stress, severe injuries, depression, no money, no ability to interact with the family or other loved ones, and the possibility of a long-term recovery. This is not encouraging news for the victim who slipped and fell. It’s no wonder that many victims seek to file a slip and fall personal injury lawsuit.
A personal injury lawsuit has the ability to recover damages for an injured party so long as this is done with the help of a fully qualified and highly experienced personal injury attorney. They know how to claim for medical expenses, physical injuries, and a compromised lifestyle. They know how to lay a case out for the courts to award damages based on the circumstances of your particular case.
The process is not really all that simple, as the legal guidelines are complex and if one rule is missed, the whole deck of cards could come tumbling down. This is why a good attorney will go over your case with you time and time again, to ensure they have all the necessary details to meet the legal requirements to launch a personal injury lawsuit.
When in doubt that your slip and fall case with personal injuries has merit, consult with a competent attorney who will assess your case for free. Once they have an idea of what is involved, they are able to tell you if you have a solid case or not.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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School Bus Safety – The Endless Debate
December 21, 2008 by christy · Leave a Comment
Everyday when you put your kids on the school bus, you worry about their safety; and that worry never stops, even as they are older. You worry about peer group pressure, if they’ll like their teachers, and if the bus on which they are riding will be involved in an accident.
Statistics show what many see as an alarming trend — school bus accidents seem to be on the rise. For instance, one set of statistics (taken from Pediatrics magazine) actually cites figures that show in the last three years or so, more than 50,000 children have been injured in non-fatal crashes. That would certainly scare any parent.
It’s even more frightening if you consider there are over 23 million children (both youngsters and older teens) whose only mode of transport to school is the big yellow bus. Sure some parents drive their kids to school, but the majority of families these days rely on school bus transportation.
This is interesting, and also the core of a major safety debate all across the United States. Florida, New Jersey and New York are the only states that have seat belts for the children on school buses. The controversy, of course, is whether or not the addition of seat belts make riding a school bus (and therefore the children) safer. Some say it could cause more harm than good.
What IS clear in this debate is that the Department of Transportation needs to re-examine school bus safety standards. Re-fitting a school bus with seat belts costs approximately $4,000, a small amount if it means saving lives. However, the argument is that if you have 30 buses to outfit, then the school district’s budget will take a hit.
When you stop to think about that argument, you come to the conclusion that money seems to be more important than the lives of our future generation. This is not acceptable. What person in their right mind would think twice about making a vehicle safer for their little ones?
Sure, most kids don’t like seat belts or want to wear them, but in this day and age it is more common that children hear “Put your seat belt on,” beginning when they’re toddlers. This is teaching through example –- the do as I say and do as I do parenting rule. Of course, this isn’t just up to the parents to strongly encourage kids to wear seat belts. Schools have a role in taking on this type of responsibility as well.
The major question is not whether the buses have seat belts, but rather how buses themselves need to be re-designed so they are not top heavy, thus they don’t roll as easily in a crash. That’s food for thought.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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After the Car Accident
December 1, 2008 by christy · Leave a Comment
Life after a car accident is usually not a lot of fun. A little prevention goes a long way toward avoiding accidents in the first place. Of course, we hope that everyone would practice these safe-driving tips, but unfortunately not all people do or will.
More traffic on the roads is inevitable with our increasing population. Things aren’t as they once were decades ago when the most traffic you saw on the road was a horse and buggy and perhaps a Model T. No, the 21st century has brought with it more people, more cars, super serious power for those cars and higher levels of road rage.
Road rage leads to accidents and accidents lead to injuries or fatalities. If you are unable to avoid an accident, then make sure you know your rights. Know them before you get into a mess, not afterwards, and don’t talk to anyone after an accident until you speak to a Florida accident attorney. This is the only way to ensure proper compensation after the accident.
What about before the accident? What can be done to reduce crashes? The number one cause of most accidents is a moment of bad judgment by the driver. They break road rules and disobey traffic laws, run yellow lights, tailgate, speed when they shouldn’t and don’t yield the right of way to oncoming traffic.
Cause number two is road conditions combined with unsafe driving; and cause three won’t surprise you at all – blabbing on a cell phone. Sure there are other factors that cause traffic accidents such as DWI of alcohol or a drug, not paying attention, just plain ignorance of the traffic laws or being a new driver with zero for experience.
The cell phone issue may be on its way to being resolved. California and New York have banned cell phone usage unless the driver uses a headset. This, of course, doesn’t address the issue of concentration.
Another solution has been developed in Canada, a small sensor that is embedded in the cell phone that detects when it is moving as fast as a car. The speed/motion shuts the phone down totally and the driver is unable to use the phone while driving.
The sensor sends a signal to the cell phone provider who then holds all calls. The caller is told the person they wish to talk to is driving, and to call back later. There is an option to send an emergency message immediately.
The bottom line here is that people don’t seem to comprehend that driving is not a right, but a privilege; and that it needs to be respected. The task of trying to educate people not to be negligent is far too overwhelming to be undertaken in a manner that hits home to the vast majority of American drivers.
We will only make a difference by being sure that we obey the rules of the road, drive safely, drive with respect and drive with caution to avoid accidents. This isn’t to say you may not be involved in one anyway, as you can’t control the other driver’s habits. Changing the way we drive, one driver at a time, is the only way to tackle the enormity of this problem.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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Traffic Accidents Are Personal Injuries
December 1, 2008 by christy · Leave a Comment
The most dramatic definition of a personal injury comes in the form of a traffic accident that causes major injuries. There are thousands of these personal injury lawsuits dealt with yearly in U.S. courts.
There are a variety of ways an injured driver may try to collect damages for an accident, not the least of which is filing suit against a car maker (if mechanical faults were the reason for the crash) or file suit against the party the driver thinks is responsible for the accident.
Thinking someone is responsible for an accident and proving that are two different things, and it is crucial you have an experienced auto accident attorney to handle your case. It’s one thing to be able to say you represent injured drivers, but another thing to actually lay claim to being fully qualified and certified to handle civil trial law in Florida.
This area of the law is exceedingly complex and not all of the attorneys in Florida have the vast grasp of the entire litigation process required for auto accidents. Don’t make the mistake of hiring a lawyer who is not intimately familiar with the court process to ensure justice is handed out to injured drivers.
While you may think that the only thing to be concerned about in a car crash is the personal injuries, there is also the issue of property damage claims. The other corollary issues your lawyer deals with are eyewitness accounts of the accident, police reports, accident reconstruction reports, pictures and insurance and medical details.
Insured motorists usually have the benefit of their insurance company picking up the tab for a car accident. However, there are many issues that tend to fall through the cracks. It’s generally accepted that the question of personal injury and property damages raises its head at some point during this process.
Since it’s virtually inevitable that you will land in court if you have been in an auto accident, make sure you get to court with a competent auto accident attorney. Your attorney won’t just slap together a case that might fly. S/he will spend the time considering all the possible alternatives to find the best solution for you.
Things to consider for settlement in court may be a claim for loss of income due to the accident, rehab costs, medical bills, disability claims and medical diagnosis/prognosis for the future.
While you may think hiring a lawyer to represent you in court after your auto crash is expensive, it would cost you even more if you did not have a lawyer on your side. Most auto accident attorneys operate on a contingency basis, meaning if they do not win your case, you do not pay for their services. This state of affairs tends to give you sharper and more driven legal representation.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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