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Proving Liability In Spinal Cord Injury Accident Cases

Proving Liability In Spinal Cord Injury Accident CasesOur spinal cords are one of the most important parts of our anatomy. When our spinal cord is injured, it can be devastating. Spinal cord injuries can negatively impact our mobility, motor control skills and sensations, and our ability to live our normal lives. This devastation is why it is so important to get a fair settlement when you’ve experienced a spinal cord injury. At Shapiro, Goldman, Babboni, Fernandez, and Walsh, we have represented hundreds of spinal cord injury victims in the Southwestern Florida area. We will help you prove liability and ensure that you get a fair amount for your claims.
What Is A Spinal Cord Injury?
Your spinal cord is that bundle of nerves housed inside your spine. These nerves carry the messages between your brain and your body. There are two main types of spinal cord injuries:

● Incomplete: An incomplete spinal cord injury is when the spinal cord is partially severed, allowing some degree of function to continue.
● Complete: A complete spinal cord injury is when the spinal cord is fully severed eliminating all function.

Some of the most common types of spinal cord injuries... read article

Attorney David L Goldman

New York Limo Crash Reveals Nationwide Questions About Frankenstein Vehicles

New York Limo Crash Reveals Nationwide Questions About Frankenstein VehiclesA recent crash in Schoharie, New York has raised new questions about frankenstein vehicles across the nation. NPR reported the crash occurred between a stretch limo made from a modified Ford Excursion and two pedestrians. The vehicle overran a T-intersection and careening into a parking lot, hitting two pedestrians, and an unoccupied vehicle. Sadly, the crash killed all of the 18 occupants and both pedestrians. This crash was the deadliest transportation accident since the 2009 plane crash.
An Illegally Driven Vehicle
According to the New York state governor, Andrew Cuomo, the vehicle had failed a safety inspection. The driver also did not have proper licensing to drive the vehicle. It is still unclear whether the crash was the result of driver error or vehicle malfunction. The state, however, has ordered the limousine company to stop operations until the investigation into the accident is complete.
A Call For New Laws
“Frankenstein” vehicles like the Ford Excursion involved in the accident are found across the country. They are built by modifying an existing vehicle by sawing it in half and lengthening the body with a variety of parts.... read article

Attorney Bernard F Walsh

The Mental And Emotional Effects Of A Car Accident

The Mental And Emotional Effects Of A Car AccidentAfter suffering a car accident, what most people focus on most is the physical injury aspect. Broken bones, soft tissue injuries, surgeries, medical bills, and all other physical effects take center stage, but that doesn’t mean mental and emotional effects aren’t just as important. Just as a broken leg can cause you to have to take time off from work, so can suffering PTSD or anxiety also caused by the accident at hand.

This ignoring of mental health isn’t only by those not directly involved in the accident. All too often, those who have suffered in the accident ignore the impact of these mental and emotional symptoms as well. Just as a person should visit a hospital to get evaluated physically for injuries and impacts, they should also seek out a mental health professional to ensure their mental state is healing just as well. Your professional Florida personal injury attorney will be able to direct you to resources and solutions that help you to not only regain your mental health, but seek compensation for these serious damages as well.
Common Mental Health Symptoms After... read article

Attorney Stephen Fernandez

The Long Term Impact Of Suffering A Moderate To Severe Traumatic Brain Injury

The Long Term Impact Of Suffering A Moderate To Severe Traumatic Brain Injury Moderate to severe brain injuries are surprisingly simple to obtain. In slip and fall accidents, car accidents, and motorcycle accidents, they can happen at the blink of an eye. What many don’t realize until its too late is just what type of impact these injuries have on a person’s life. Hitting one’s head in a Florida car accident and suffering a concussion can lead to a lifetime of care.

Recovery through physical therapy and rehabilitation can help those who have suffered from a moderate to severe brain injury to recoup some of their old lives, but this isn’t the universal standard and their abilities may remain limited. This prolonged therapy can also grow costly, which makes it important that those who have suffered such injuries due to another party’s negligence seek the compensation they deserve.
The Long-Term Symptoms Simplified
The brain is the most complex organ in the human body, and for this reason no two traumatic brain injuries are exactly the same. While one person may suffer a moderate traumatic brain injury and enjoy a full recovery, others may not be so... read article

Attorney Michael J Babboni

The Ins And Outs Of A Wrongful Death Lawsuit In Florida

The Ins And Outs Of A Wrongful Death Lawsuit In Florida

A wrongful death suit is a type of lawsuit presented to a party believed to have caused a death due to their negligence or an intentional act. In the state of Florida, there are several types of accidents that can lead to wrongful death lawsuits, some of the most common being motorcycle accidents, car accidents, and slip and fall injuries. These lawsuits allow the family of a deceased loved one to pursue compensation on the behalf of the deceased’s estate.
When Would A Person File A Wrongful Death Claim?
A family may file a wrongful death claim when a personal injury results in the death of a loved one. Had a death not occurred in the accident, the lawsuit would be that of personal injury against a negligent party. If a person is in a motorcycle accident in the state of Florida, and the accident turns out to be fatal, the family of the deceased may pursue a wrongful death lawsuit against the negligent driver. Typically, Florida no-fault insurance laws require motorists or motorcyclists to file claims with their own insurance policies, and don’t... read article

Attorney M David Shapiro

I’ve Been Injured In A Drunk Driving Accident? What Do I Do?

I’ve Been Injured In A Drunk Driving Accident? What Do I Do?According to the Centers For Disease Control and Prevention, nearly 29 people die from drunk driving accidents every day. Drunk driving is a serious threat to public safety. When you or a loved one have been hit by a drunk driver, the result can be devastating. You can sustain long-term or permanent injuries that can negatively impact your life. When you’ve been hit by a drunk driver, you do have legal options. Here is what you need to know to get compensation after your accident.
How Is Drunk Driving Determined In The State Of Florida?
In the state of Florida, anyone operating a vehicle with a blood alcohol content of 0.08% or above is considered a drunk driver. Drivers under 21 are considered drunk drivers with a BAC of 0.02% or higher. Commercial vehicle drivers with a BAC of 0.04% or higher are also considered drunk drivers. BAC is usually determined by a field sobriety test. However, there is no law requiring field sobriety tests but if a police officer suspects someone is driving under the influence, they will... read article

Attorney David L Goldman

How Are Personal Injury Cases Settled?

How Are Personal Injury Cases Settled? he vast majority of personal injury cases are settled out of court in the state of Florida, and across the country. After an accident, many think that the next step is going to court, but you’re actually far more likely to settle with your insurance company outside of court and through the settlement negotiations process. In fact, whether you’ve been in a slip and fall accident, a car accident, or any type of accident, between 95 and 96% of all personal injury cases are settled before ever having to go to trial.

In the majority of accidents in Florida, a person will be negotiating with their insurance company to reach a suitable settlement for both parties. Insurance no-fault accident laws dictate that a person pursue compensation through their own personal injury insurance policy, which means that even if the accident was caused by another driver’s negligence, it will be their insurance company tasks with making sure they’re taking care of.
Why Appoint An Attorney?
If most personal injury cases do not go to court, is appointing a Florida personal injury attorney really a necessity in... read article

Attorney Bernard F Walsh

How To Speak With The Police After A Car Accident

How To Speak With The Police After A Car AccidentOne of the most common mistakes we see after car accidents is victims not filing a police report. After a small fender bender or scrape, many people just think exchanging insurance information is enough to stay protected. However, you should always contact the police to file a report no matter how small the accident. A police report is one of the best pieces of evidence after a car wreck. Often times, especially in cases of head, neck, and spinal injuries, people don’t realize how severe their injuries are until well after the accident. Then when they need to file a claim, that claim can be denied because there is no formal report of the accident.

So if you get into a car accident, it’s wise to talk to the police. Talking to the police can be intimidating and you may be worried about incriminating yourself accidentally, so we’ve put together a guide to help:
Call The Police Immediately After An Accident
The first step is to call the police immediately following an accident, even if there are no obvious injuries or property damage. The sooner the... read article

Attorney Stephen Fernandez

The Four Elements Of A Wrongful Death Case

 The Four Elements Of A Wrongful Death Case A wrongful death refers to the death of an individual due to the negligence of other parties, and in a wrongful death case in the state of Florida, you’ll find 4 different elements. Wrongful death cases can stem from a variety of different Florida injuries, but are most commonly found in car accidents, motorcycle accidents, and slip and falls. In these personal injury cases, it is usually the family pursuing a lawsuit to cover various damages stemming from the death of a loved one.
Outlining The Elements Of Wrongful Death
The four elements of a wrongful death case are the four things loved ones must prove to win their case and collect their settlement. These elements include:

• Negligence – The first element is negligence, and the loved ones of the deceased must prove that the wrongful death was directly caused by the negligence of another party. This negligence could be a party drinking and driving causing a fatal accident, it could be a property owner knowingly leaving a dangerous hazard on their property which leads to a wrongful death. Essentially, one must prove that without... read article

Attorney Michael J Babboni

Five Things You Need To Prove To Win A Slip And Fall Accident Claim

Five Things You Need To Prove To Win A Slip And Fall Accident ClaimAccidents happen and sometimes they are completely unavoidable. However, when you slip or trip and fall on another person’s property, your fall may be a result of their negligence. If they are negligent, you have a case for a claim on the damages from your injuries. However, in order to receive damages in a property liability case, you have to prove five critical things:
You Were On The Property Legally:
In order to hold the property owner accountable, you have to prove that you were on the property legally. If you were an invited guest, tenant, employee, or customer, you will be considered on the property legally. The only exception to this is if you were in a restricted area of the property unauthorized. Property liability is based on the concept that property owners are responsible for a reasonable level of safety for their guests. They are not responsible for people who are on the property illegally or uninvited because they cannot take the proper precautions to keep them safe if they do not know they are on the... read article

Attorney M David Shapiro

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