Injury Law Firm Blog

We Want You To Be Aware: General Motors Has Announced A New Round Of Recalls Dealing With Investigations On Multiple Fronts.

We want you to be aware: General Motors has announced a new round of recalls dealing with investigations on multiple fronts. More than 1.5 million SUVs, Vans and Cadillacs are part of GM’s second wide-ranging recall this year. The new recall covers air bag and brake issues. In addition to the new recall, 1.6 million small vehicles are being recalled for ignition defects causing car engine and electrical systems to shut off disabling air bags.... ...read full post

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posted by Elisabeth DeWitt , in:
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Dealing With A Traumatic Brain Injury

Dealing With A Traumatic Brain InjuryAccording to the CDC (Centers for Disease Control and Prevention), one of the most complex injuries that an individual can suffer is a Traumatic Brain Injury or TBI.  Not only does it exhibit a broad spectrum of disabilities and symptoms, it affects nearly 1.5 million individuals every year in the US.  Of those 1.5 million cases, 85,000 result in long-term or permanent disabilities while 50,000 are fatal. Currently, nearly 5.5 million Americans are living with disabilities that resulted from traumatic brain injuries.

What Causes A Traumatic Brain Injury?

The CDC goes on to say that a TBI can be caused in a number of ways with the top three being car accidents, falls, and firearms with fatalities occurring 9 out of 10 times when firearms are involved.  Elderly individuals and young adults are at the greatest risk of suffering traumatic brain injuries.  However, these three causes can also lead to traumatic spinal cord injuries as well.

Additionally, there are certain mechanisms that are considered the greatest causes of TBI’s including bacterial and viral infections, chemicals and toxins, closed and open head injuries,... ...read full post

Understanding The Wrongful Death Statutes In Florida

Understanding The Wrongful Death Statutes In FloridaThe state of Florida has published statutes regarding wrongful death, more commonly referred to as “Florida’s Wrongful Death Act” (Sections 768.16-768.26).  It contains the definition of a wrongful death as well as other information regarding the issue.  This piece of legislation states that a wrongful death is any death that has been caused by any breach of contract or warranty, default, negligence, or wrongful act.  If a loved one has died as a result of any of these acts and another individual was responsible, you can sue them.

Like most of the other states in the US, Florida has interpretive laws which clearly state the right to action and recovery in a wrongful death lawsuit on behalf of the surviving family members.  The following is a brief outline of the different sections contained in the Wrongful Death Act:

  • 768.16 – states that the Wrongful Death Act is comprised of Sections 768.16-768.26 and cites history references

  • 768.17 – discusses the legislative intent of the policy

  • 768.18 – defines minor children as any child under the age of 25, “net accumulations” as finances and... ...read full post

What You Should Know About Personal Injury Protection In Florida

What You Should Know About Personal Injury Protection In FloridaPersonal Injury Protection or PIP is an auto insurance extension that is available in 17 states including Florida.  It covers an individual’s hospital and medical expenses, but in some instances, it also covers damages and lost wages. Since the state statutes that were passed into law regarding this type of insurance were “no-fault” laws, PIP is oftentimes referred to as no-fault insurance coverage.  In other words, this type of coverage was designed to pay certain expenses that an individual incurred regardless of who was at fault in the accident.

PIP also refers to any insurance that includes personal injury coverage for defamation, emotional distress, and libel as well as physical injury.  Although homeowner’s insurance typically covers any liabilities resulting from bodily injury, it does not cover any liability that is associated with emotional or mental injury.  In March of 2012, the Florida Senate passed HB119 also known as the Personal Injury Protection (PIP) Law.  The intention of the law was to impose limits on the amount of benefits, litigation, and monies that are... ...read full post

Hiring An Experienced TBI Lawyer

Hiring An Experienced TBI LawyerWithout a doubt, one of the most difficult decisions a family has to make is whether or not they need to hire a lawyer, especially when it involves a loved who has recently suffered a traumatic brain injury or TBI. However, it is not just the individual that suffers when they incur this type of injury.  The entire family suffers.  Those injuries can be financially and medically devastating, not to mention physically and socially.

In cases such as these where an individual is at fault for the other person’s brain injury, it is critical that the injured person’s family seek out and retain legal representation by an experienced and knowledgeable TBI lawyer.  If the family has any hope of receiving proper compensation and damages, this is essential.  In turn, that compensation is the best possible outcome that can be attained where long-term adjustment and recovery are concerned.

Questions To Ask The Attorneys You Consult With

The family members of the injured victim must be knowledgeable of personal injury law as it relates to traumatic brain injuries and the type of attorney that they... ...read full post

What Are The Responsibilities Of A Florida Personal Injury Attorney To Their Clients?

What Are The Responsibilities Of A Florida Personal Injury Attorney To Their Clients?Whether you are a business owner, a corporate CEO, or a private individual, you can benefit from hiring a personal injury attorney whenever you have a claim.  Aside from being able to take advantage of their experience and legal expertise, they will ensure that your rights as an accident and injury victim are protected under law.  However, the responsibilities of personal injury lawyers do not stop there once you have hired them.

First and foremost, no two personal injury claims or court cases in the state of Florida are ever the same due to the complex nature of the applicable laws.  But despite how every individual case is different from the others, there is a single common element throughout – emotional distress.  Additionally, personal injury claims can be extremely diverse and include automobile accidents, defamation, dog bites, libel and slander, negligence, premises liability, and wrongful death litigation.

Evaluating Your Case

The first and most important responsibility that a personal injury lawyer has to their client is to consult with... ...read full post

Understanding Personal Injury And The Need For An Attorney

Understanding Personal Injury And The Need For An AttorneyAs opposed to any injury to property or property damage, the legal term “personal injury” refers to any emotional, mental, or physical injury.  The term is most commonly used in Anglo-American jurisdictions in reference to injuries resulting from another individual’s negligence.  The damages in personal injury cases typically refer to some sort of bodily injury.  However, intentional infliction and negligent infliction of emotional distress are also considered in personal injury issues.

Common Types Of Personal Injury Claims

Personal injury encompasses a broad range claims associated with intent or negligence.  Some of the more common personal injury claims include:
  • accidents at home
  • accidents at work
  • assault claims
  • holiday accidents
  • product defect accidents (product liability)
  • slip and fall accidents
  • traffic accidents

However, the term also incorporates dental and medical accidents as well as any condition that can be classified as an industrial disease.  The injured individual is oftentimes awarded monetary compensation in a personal injury case depending on the responsible person’s intent or negligence.  In most cases, compensation is awarded in the form of a court judgment or out-of-court settlement.

Damages And Compensation Awarded In Personal Injury... ...read full post

The Basic Elements And Relevancy Of A Wrongful Death Case

The Basic Elements And Relevancy Of A Wrongful Death CaseThe definition of a wrongful death is found in the published Florida statutes, Sections 768.16 through 768.26.  These sections are more commonly referred to as the “Florida Wrongful Death Act.” As a survivor of the decedent, you have the right under Florida state law, to file a lawsuit against any individual whose breach of contract, default, negligence, or wrongful act resulted in that person’s death.

Therefore, the definition of wrongful death actions includes any act that is intentional in nature such as shooting someone in the head or taking a hammer to their skull to cause bodily harm or death.  The definition also includes a breach of contract or warranty such as a defective product or acts of negligence such as accidentally striking someone in the head.  As you can easily see, a wrongful death claim and lawsuit can be extremely complex and the need for experienced legal representation is quite significant.

3 Basic Elements Of A Wrongful Death Claim

When you hire the services of a wrongful death lawyer during this emotional and stressful... ...read full post

The Legal Basis Of Traumatic Brain Injury Cases

The Legal Basis Of Traumatic Brain Injury CasesThe CDC (Centers for Disease Control and Prevention) considers traumatic brain injuries as one of the most serious health problems in the US today.  Every year, 1.5 million Americans experience this type of injury and out those cases, 50,000 die and another 85,000 suffer long-term and permanent disabilities.  In 2010 alone, 2.5 million individuals experienced a TBI as an isolated case or grouped in with other injuries that occurred at the same time.

Traumatic brain injuries can result from a blow, bump, or jolt to the skull or from an injury wherein the skull is penetrated such as a gunshot or stab wound.  No matter how the injury occurs, the brains normal functions are disrupted.  Fortunately, not every head injury results in this extremely serious condition.  As a result, TBI’s are classified as being mild and characterized by a brief and temporary change in consciousness or mental status, or they are classified as severe and characterized by an extended period of amnesia or unconsciousness.

Understanding The Legal Theory Behind Your TBI Case

Once you have hired the right TBI... ...read full post

An Overview Of Slip And Fall Laws In Florida

An Overview Of Slip And Fall Laws In FloridaIn US tort law, “slip and fall” refers to legal cases or claims that are based on injuries resulting from an individual slipping and falling on a property where the owner has allowed dangerous conditions to exist without correcting them. This is more commonly referred to as negligence and the property owner can be held liable for this in a court of law.  If you were recently injured due to slipping and falling, you may be eligible for compensation and damages.  So it is important that you know your rights in these circumstances.

Defining Slip And Fall

In the state of Florida as in others, slip and fall cases or claims fall under personal injury law and refers to any instance whenever an individual loses their footing or trips, and injures themselves by falling on someone else’s property.  There are 3 common types of these accidents including:

  • Slip-and-fall – the fall is caused by slippery liquids or objects

  • Step-and-fall – a hole or low spot where the person was walking causes them to fall

  • Trip-and-fall – an object... ...read full post

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New Bills Proposed In The Florida Legislature Seek To Undermine Health Care For Injured Accident Victims - read more