August 14, 2014

What is Excessive Training and Condititoning for High School Football Players?

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Florida summers are just plain hot. When a high school or club runs football practice in August, there are risks of heat exertion injuries and even death to young athletes. Football is well known in the State of Florida as a sport that traditionally involves rigorous practices and training to build stamina and champions. Yes, it is an uber competitive sport. Coaches, parents, school officials, other students, fans, and yes the players add to the fervor to play hard and win. Unfortunately, at times, this fervor to win and compete can lead to disasastous consequences in the form of heat exertion, heat stroke, hyperthermia, and, yes, death.

The focus on high school sports should be on safety first, sportsmanship, and then competition. Of course, there are many who will oppose such a statement or viewpoint. Certainly, some injuries and even deaths are unpredictable and unpreventable. However, every step and safety measure should be taken by schools and clubs to protect our children engaged in high school football training and conditioning. Building champions can and does at times cost the lives of children trying to prove their worth and value to a team.

Athletic trainers, therapists, and medical providers should be an integral part of every single high school practice and conditional program. Written policies and plans should be put in a place. Coaches should be in high alert for environment conditions and physiological symptoms that can put a student athlete also known as a "child" at risk for serious personal injury or death. One good starting point is a position statement / research paper published by the National Institute of Health titled National Athletic Trainers' Association Position Statement: Exertional Heat Illnesses

Practice and training plans for summer football as well as football during other parts of the year should begin with a review of this and other articles. There is a certain focus on the play book for football programs rather than the safety and welfare of children. It is quite easy for a football program to brag about a regional or state championship. It would be refreshing to see a football program that brags about its dedication to the education and safety of the children as primary goals of the program.

If you have a child enrolled in a football program, find out up from the training regimen, the safety precautions in place, the written policies and procedures, the safety and medical equipment available, the history of the program, and other information.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Sports Related Injuries, Medical Treatment and Insurance, School Injuries, Attraction and Theme Park Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

July 28, 2014

What Safety Precautions Should Florida Day Care Centers Take to Prevent Drownings?

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In Florida and other States, parents rely on day care centers to provide for the safety and early education of their children. The presence of swimming pool can be a wonderful benefit for the children enrolled in the day care center. Activities can be organized in and around the pool. The swimming pool can be a source of great fun but it can also be a source of risk and danger for the children. Because of this, it is vital that a day care center have written rules and policies for swim related activities and safety in and around the pool. Small children often have poor safety judgment. This is especially true in and around swimming pools. When there is a lack of safety precautions and / or supervision, a child can easily slip away and end up helpless in a swimming pool.

Day care centers should not leave things to chance. A pool barrier should be erected and secure. Furthermore, all exit doors to swimming pool areas should be secure and when available should have door alarms in place. Make sure that the pool barriers are frequently inspected and maintained by professionals. A parent with a child enrolled in a day care center with a swimming pool should ask to review the policies and get a walk through of the swimming pool area and safety precautions.

The owner of a day care center should follow all State and local rules and regulations for day care centers and swimming pools. Documentation should be in place and all staff members should be duly trained in aquatic safety and CPR. If these suggestions are too onerous for a day care center, then the owners of the day care center should consider closing down the pool before a tragedy takes place. It is better for a day care center to be prepared than for a day care center to make headlines that a child drowned while under the supervision and watch of a day care center.

The book - Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents - has chapters on Indoor Facilities, Outdoor Facilities, Playgrounds, Emergency Procedures, and other topics. You can get this book for free at Florida Day Care Center Injuries.

July 23, 2014

How Does Florida Law Value of the Death of a Child Pursuant to the Florida Wrongful Death Act?

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When a parent loses a child due to the negligent acts of another person, there is no adequate compensation for a parent grieving the death of the child. Ask a parent the following question: How much does your child mean to you? The answer to this question varies but rarely includes a dollar figure. Many parents would say that a child means everything or that the child means the world. That certain bond between parent and child is expected is last the parent's lifetime. Some may say that it is only natural that the child outlive the parent. That is the natural course of things and life. When a child dies before a parent especially when a young child outlives a parent, it is unnatural. It is unsettling. When a child dies, it is both tragic and unsettling for the surviving parents. It is not only tragic for the moment but for the rest of the parent's lifetime.

In Florida, the law controlling damages or compensation for the death of a person including that of a child is governed by Chapter 768, Florida Statutes which contains the Florida Wrongful Death Act. Through this statute and related case law, there is a framework in place that governs the award and assessment of damages. While there is a framework, there is no formula per se when dealing with the death of a person or a child due to the negligence of another person business, or government entity.

While there is no formula for the exact award of compensation for a grieving parent, there are a few concepts to keep in mind:

1. A minor child, as defined by the Florida Wrongful Death Act, is a child under the age of 25 years old.

2. Damages are based on the joint expected life expectancy of the child and the parent. In other words, it is based on the time period that the parent and child would have lived together and not on the life expectancy of the child.

3. The pain and suffering of the child are not compensable damages in a Florida Wrongful Death case.

4. There are no limits to damages or compensation unless the case involves medical malpractice and / or a government entity.

The book titled - When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act - has chapters on Damages - Compensation, the Basics of the Florida Wrongful Death Act, and other topics. You can get this book for free at When a Parent's World Goes From Full to Empty.

July 22, 2014

What Cause of Action Does a Parent Have When a Child Dies in a Summer Camp in the State of Florida?

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During the summer months, day camps and overnight camps have a responsibility to provide for a safe and nurturing environment for children. For most children, summer time is filled with fun, laughter, and time well spent with friends. For some children, summer is the mark in time when a serious personal injury takes place at a summer camp. For some children tragically, it is their last summer due to an incident or accident that takes place at a summer camp. If a child dies at a Florida summer camp, a parent may be able to bring a cause of action for the death of the child. It should be noted that a summer camp is not liable for every incident, injury, or death it takes place on the grounds of the summer camp or during activities and field trips off the property of the summer camp but supervised by the summer camp staff and management. Like other legal cases, a summer camp may be liable for personal injuries or death of a child if the following elements can be established:

1. Duty;

2. Breach of Duty;

3. Causation; and

4. Damages.

If a child dies as result of the negligence or fault of a summer camp, what cause of action does a parent have against a Florida summer camp? Chapter, 768 of the Florida Statute covers cases known as wrongful death cases including those related to the death of a child at a school, day care center, summer camp, or other location. Under the Florida Wrongful Death Act, a parent is considered a survivor of a child who dies as a result of the fault of another person, business, or government entity. A parent can be a survivor even if there was no marriage of the parents prior to the death of the child, regardless if there was a divorce, and regardless of the extent of the parent - child relationship. A parent can seek damages for pain, suffering, mental anguish, loss of enjoyment of life, and loss of the compansionshop and services of the child.

The book titled - When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act - has chapters on Damages - Compensation, the Basics of the Florida Wrongful Death Act, and other topics. You can get this book for free at When a Parent's World Goes From Full to Empty.

A summer camp has a duty of reasonable care with respect to children engaged summer camp related activities including but not limited to swimming, aquatic, canoeing, rafting, sports related activities, arts and crafts, hiking, biking, camping and other activities organized and supervised by summer camp. Safety should be a primary pillar of the foundation of every summer camp in Florida and other states. Another pillar of the foundation of the summer camp should be the best interest of the children. When a summer camp focuses on safety and the best interest of children, many incidents that results personal injuries or death can be prevented.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

July 21, 2014

What Laws Apply to Automobile Accidents in the State of Florida?

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When a person suffers personal injuries as a result of an automobile accident in the State of Florida, there are often questions as to the Florida laws that apply to potential case or claim for personal injuries. This is a fairly broad topic that can be covered in multiple book volumes. When a person suffers injuries as a result of an automobile accident, a personal injury victim faces the challenges of medical bills, medical treatment, pain and suffering and other problems.

An injury victim should not be put to the should not be put to the task of reading and trying to understand multiple books to educate himself or herself as to the respective rights involving a Florida Automobile Accident. However, it is helpful for a injury victim to have some basic information following an automobile accident so that the injury victim can make informed decisions as to medical care and treatment, payment of medical bills, continuation of employment, lost wages, and other decisions. Making initial decisions as to medical treatment and legal representation are two of many decisions or challenges that an injury vicitm will need to make following an automobile accident. Therefater, an injury victim will need to decide about ongoing treatment, treatment with specialist, pain management treatment, surgical decisions, the filing of a lawsuit, settlement, and possibly a trial over ther merits of the case and the entitlement to compensation for the accident related injuries.

There are a number of laws that apply to Florida automobile accident matters. A good reference starting point for an injury victim may be a review of the applicable Florida Statutes dealing with insurance laws and automobile accident laws. Chapter 627, Florida Statutes covers major aspects of Florida automobile insurance laws while Chapter 316, Florida covers the rules of the rule, traffic regulations, and related topics. Reading these Statutes and other may be a daunting task for an injury victim. It is far better and easier in most instances to consult with a Florida Personal Injury Lawyer about the applicable laws in place and how the laws apply to a particular case or set of facths.

Florida laws can be quite confusing as they pertain to these topics as well as the applicable time, notice, and documentation requirements to adequately pursue a claim or a lawsuit. A good and easy to understand book is titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. This book ha chapters on Damages - Compensation, Automobile Accidents, Bicycle Accidents, Pedestrian Accidents, Insurance Laws and Common Questions, and other topics. You can get this book for free at When the Wheels Stop Spinning.

July 20, 2014

What Facts Should Every Parent Know About Hot Cars and Heat Stroke?

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Florida is known as the Sunshine State. It is a State that boast wonderful beaches and friendly residents. Year round, Florida's weather is great for outdoor activities, sports, and recreation. It is a both a vacation destination and retirement destination for many. With the warm weather, there is something else that Florida has its share of --- that is hot car deaths, hyperthermia, and heat stroke. This is especially true for our children including but not limited to toddlers and infants. Unfortunately, some parents and child care providers underestimate the power and dangers of Florida's weather and heat. The impact of Florida's sunshine is sometimes realized too late by some in the aftermath of a serious personal injury to death to a child. Most people realize that a vehicle with the air conditioning turned off would be dangerous in 100 plus degree weather. Other, many underestimate the dangers of even weather in the 90s, 80s, 70s, 60s, and even 50s when it comes to heat stroke. It has been reported that even 57 degree weather can result in heat stroke for a child left unattended in a vehicle with no air conditioning.

Here are some facts and information to keep in mind and to tell others about. Top of mind safety awareness is important for the health and welfare of children residing in or visiting the State of Florida.

*The inside of a vehicle can heat up by 20 degrees in 10 minutes.

*A child's body reacts differently to warm - hot weather than that of an adult body.

*Heat stroke can occur inside a vehicle even with the outside weather in the 50s.

*It is a criminal offense in the State of Florida to leave a child unattended in a vehicle with or without the air conditioning on.

*An average of 38 children die every year from heat stroke as a result of being left unatended in a closed vehicle.

The St. Augustine Record reported on these and other facts at Officials Warn Drivers of Heat Stroke in Closed Vehicles.

In addition to criminal charges, a civil case or lawsuit can be brought against a child care provider and / or day care center for the negligence of leaving a child unattended in a vehicle. Each case must be evaluated on its own facts and circumstances; however, there is not much of a viable excuse that a day care provider can raise if the day care provider leaves a child unattended in a van, bus, or vehicle. A simple roll call, checklist, and visual and physical sweep of the vehicle would avoid a child being left behind just about every time.

If a child is injured while under the care of a school, day care provider, child care provider, or summer camp, it is often helpful to discuss the incident or situation with a Florida Child Injury Lawyer. It is also helpful to have some resources available like books on topic to review. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury. Another good resource is the book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. This book has chapters on Insurance Issues & General Questions, School / Day Care Transporation Injuries, Settlement - Compensation - Damages, and other topics. You can get this book for free at When the Wheels Stop Spinning.

July 19, 2014

What Medical Providers are Available for Children Needing Care Following an Accidnet or Personal Injury Incident?

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When child is injured in a car accident, playground accident, school accident, day care accident, or other incident, a parent is often faced with many challenges. One such relates to medical care and treatment for the injured child. If the child is covered by health insurance, then there should be a wide variety of medical providers for treatment If the child was injured in an automobile accident, bicycle accident, or pedestrian accident involving a motor vehicle, then there should be the PIP or personal injury protection coverage available for accident related treatment.

When a child is injured but there is no available medical or automobile related insurance, then it can be quite a challenge to obtain medical treatment for an injured child. One would think that the at fault-person, company, or government agency would step in and pay medical bills caused through the fault of party or entity causing the injuryt. This does happen in some instances. However in many instances, a parent is put to task to find medical treatment and sources for payment of the same during the while it claim cases pending.

In most communities, there are a special group medical providers who understand the financial challenges of medical care and treatment following an accident or incident. These medical providers will provide treatment on a "wait to get paid" basis provided that there is a viable case or claim to pursue and there is some likelihood of recovery compensation for the medical bills and other damages.

There are instances in which the medical provider including but not limited to a public hospital will provide medical care on a charity and / or financial hardship basis. When a child has medical insurance in place, there are insurance provider lists and websites available showing the In Network medical providers who will accept the health insurance payments. However, in situations where there is no health insurance, it is difficult to determine which doctors accept automobilel insurance and even more difficult to determine which doctors will accept payment or future payment on a "wait to get paid" basis. When a child is injured due to these and other challenges, it is often helpful for a parent to seek help from a Florida Child Injury Lawyer for advice, guidance, and legal representation when necessary. A Florida Child Injury Lawyer can advise the parent as to the resources and medical providers available in the community for medical care and treatment and how each available provider acceptxs payment and works with the parent as to ongoing medical care.

The book titled When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. This book has chapters on Medical Treatment & Personal Injuries, Insurance Issues and General Questions, Automobile Accidents, and other topics. You can get this book for free at When the Wheels Stop Spinning.

Another good resource for parent is the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can get this book for free at The ABCs of Child Injury.

July 18, 2014

Is Disney World Orlando Liable for All Injuries that Take Place at the Park?

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Disney World is a major attraction in Orlando, Florida. It is known worldwide as a place "Where Dreams Come True". There is certainly something magical and special about Disney World and all of the wonderful characters, rides, and attractions at the Magic Kingdom Park, EPCOT, Disney's Hollywood Studios, Disney's Typhoon Lagoon Water Park, Dowtown Disney, ESPN Wide World of Sports Complex, Disney's Blizzard Beach Water Complex, and Disney's Boardwalk. Due to the shear size of Disney World and all of its attractions, properties, hotels, restaurants, and water parks, injuries to both adults and children are bound to happen. With any kind of physical activity, there is always a risk of injury which then presents the following question:

Is Disney World Orlando Liable for All Injuries that Take Place at the Park?

The simple answer is "No". The reason that the answer is simple is because of the use of the word - ALL - in the question above. Disney is not an insurer or guarantor that injuries will never happen on its properties. For instance, let's assume that a guest is walking down Main Street and twists her ankle. Soon thereafter, the ankle begins to swell and she gets some assistance from the Disney staff in the form of a wheelchair and an ice pack. Is Disney responsible for this incident? Let's put in a few additional facts. The guest was merely walking down Main Street which was clean, level, and free from any hidden or not do hidden hazards or obstacles. The ankle of the guest twisted through no fault whatsover of Disney. Under this fact scenario, Disney would not be legally responsible for the injuries, bills, or pain and suffering.

Here is a different scenario. A child enters a ride and is cut by a sharp piece of metal that was worn and rusted. The child required eight stitches at a local emergency room and will have a scar across her knee. The child entered the ride as instructed and did nothing to cause or contribute to this the incident or injury. Under this fact pattern, there may be a viable case or cause of action to pursue against Disney for the failure to inspect and properly maintain the ride. The elements of a negligence case, under this fact pattern, may be established: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. Of course, there are no guarantees of a result on any particular case. Many such cases settle while others proceed to trial and are left to the judge and / or jury to decide the issues of contention.

Disney is a very large and powerful corporation. While Disney puts the resources and funds in to maintain its parks, incidents (that could have been prevented with better supervision and maintenance) still take place from time to time. An injury victim or the parent of an injury victim if the victim is a child should contact a Florida Personal Injury Lawyer for guidance, direction, and legal representation when necessary when there is an injury that takes place at Disney property or another location. It is important to know the legal rights of the injury victim especially if the victim is a child. As noted by the examples set forth in this article, not every injury turns out to be a case. As such, it is helpful to get advice from an attorney as the the rights of the injured child and the legal responsibilities of the property owner.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Attraction and Theme Park Injuries, Shopping Center and Mall Injuries, Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

July 17, 2014

What if my Child is Injured in a Trucking Accident in the State of Florida?

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Throughout the United States on roads and highways including but not limited to Interstate 95, Interstate 75, and Interstate 10, semi-tractor trailers are commonly seen by the rest of us. Most semi-tractor trailer drivers are well trained and take their jobs quite seriously. Some bend or even break the rules by failing to maintain their vehicles, by driving over the alloted number of hours, or otherwise drive careless. Due to the size and power of these vehicles, just one moment of inattention or carelessness can result in a castastrophic trucking accident especially if there are small vehicles involved.

When a child is injured in an accident involving a semi tractor-trailer, there can be serious personal injuries and even death resulting from such an accident. If a child is injured in a semi tractor-trailer accident, the first and foremost thing to do is to get medical treatment. It is important that a child is property and evaluated (as needed) by fire rescue and then at emergency room, urgent care center, and / or pediatrician depending on the initial severity of the injuries. When the child and situation are stabilized, the parent should consult with a Florida Child Injury Lawyer to determine the rights of the injured child and the responsibilities of the semi tractor trailer driver and his or her company. Just because an accident involves a commercial vehicle does not mean that the company that owns the vehicle and supervises the driver is going to automatically begin compensation for the child personal injuries caused by the truacking accident.

In Florida, there are series of No-Fault laws that cover the payment of the initial medical bills through PIP (Personal Injury Protectionb) which will usually be covered under the parent's automobile insurance company regardless of fault, . Beyond that there is a second part to the Florida No-Fault laws that involves the severity of the injuries. Florida law allows for compensation for pain, suffering, loss of enjoyment of life, and related damages if the child suffered one of the following:

1. a permament injury;

2. a permanent aggravation of a pre-existing condition; and / or

3. scarring.

Because of the complexity of trucking accident cases, a Florida Child Injury Lawyer should be contacted to help guide a parent through the maze of issues including Florida's No-fault laws, medical care and options, automobile insurance, trucking insurance, health insurance, and other related issues. The book - When the Wheels Stop Spinning - Legal RIghts of the Injured Child - What Parents Need to Know After the Accident - has chapters on Medical Bills and Insurance, School and Day Care Transportation, Automobile Accidents, Settlement - Compensation - Damages, and other topics. You can get this book for free at When the Wheels Stop Spinning.

July 16, 2014

What Types of Child Injuries are Compensable in Florida?

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In the State of Florida, children are the victims of a wide variety negligent and careless supervision and conduct that lead to personal injuries. As a Florida Child Injury Lawyer, I am often asked to speak with parents and review incidents to determine if there is a case to pursue. To pursue a matter on behalf of an injured child, there needs to be what is called a Cause of Action. This refers to the a recognizable claim or case against another party (person, organization, insurance company, business, or government entity). A Cause of Action can be spelled out by Statute. For instance, a dog bite case or cause of action is general spelled out in Chapter 767, Florida Statutes. Dog bite cases are unique in that a Cause of Action can be pursued against a dog owner regardless of the prior aggressiveness of the dog. A dog owner does not necessarily have to be negligent to be liable for the injuries caused by a dog bite. Most other causes of action involving a child injury are governed by general negligence laws and standards which require the presentation and proof of the following elements:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.

Let's discuss an automobile accident case. If a child is a passenger in a vehicle that is retreaded by another driver, then there is a case for negligence against this driver. The four elements can be proved as follows:

1. The driver had a duty to use reasonable care while driving. The driver had a duty to maintain a safe distance from the vehicle in front of the driver.

2. The driver breached these duties.

3. The accident, in turn, caused injuries.

4. Damages (otherwise referred to as injuries) can be pursued for medical bills, pain, suffering, and related damages if it can be proved that the injuries are causally related to the automobile accident. Furthermore, it must be shown that the child suffered permanent injuries which is an unique element of damages for automobile accidents cases in order to be able to pursue claims for pain, suffering, and loss of enjoyment of life.

As you can see from the above examples, there are nuances to each type of injury case. Some are governed by statute and some by general negligence laws. Automobile accidents are governed by a combination of Florida Statutes and general negligence laws. Due to the complexity of Florida law, a parent should consult with a Florida Child Injury Lawyer for guidance, advice, and legal representation when necessary. Other types of incidents that may be pursued as Causes of Action for injuries sustained by a child include but are not limited to the following:

Pedestrian Accidents;

Bicycle Accidents;

Trucking Accidents;

ATV (All Terrain Vehicle Accidents);

Playground Injuries;

Day Care Center Injuries;

School Injuries;

Attraction and Theme Park Related Injuries;

Summer Camp Injuries;

Injuries During a Church, Non-Profit, and Other Related Activities;

Sports Related Activities;

Injuries at a Private Home;

Swimming Pool and Aquatic Injuries; and

Product Defect Related Injuries.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - covers many of the above topics and causes of action. You can get his book for free at The ABCs of Child Injury.

July 15, 2014

Is Bad Weather a Legal Defense to an Automobile Accident Case in the State of Florida?

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In the State of Florida, there are automobile accidents every day in most every community. Many such automobile accidents can be prevented with slower driving, safer driving, and less distracted driving. Some accidents are caused, in part, by bad weather. During rainy days in a State of Florida, there tends to be more accidents. This is because driving a motor vehicle in the rain can be more difficult, visibility may be affected, and an the ability to brake may be affected by the slick roads. Some accidents are single vehicle accidents caused by vehicle going out of control when it hits a puddle. Other accidents may occur when the brakes fail due to the slick roads.

As a Florida Child Injury Lawyer, I am often asked if weather is a legal defense to causing or contributing to an automobile accident. There is no simple answer to this question. Each case must be evaluated on its own facts and circumstances. If the accid
Is Bad Weather a Legal Defense to an Automobile Accident Case in the State of Florida?

ent was caused by an act of God whereby lighting struck a tree which then, in turn, fell into the street and a car swerved to hit the tree that had just fallen - then there may be a defense to the automobile accident. However, it is a much different case when a driver crashes into the vehicle in front of him because it was difficult to brake due to the wet roads.

The book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Should Know After the Accident - has chapters on Automobile Accidents, Pedestrian Accidents, Bicycle Accidents, Wrongful Death, Day Care Transportation, and other topics. You can get this book for free at When the Wheels Stop Spinning.

July 14, 2014

Does an Automobile Accident Have to be Reported to the Police to Pursue a Claim for Personal Injuries?

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In the State of Florida, most automobile accidents are reported to the police especially when there is more than $500 worth of property damage. At times, for variety reasons, an automobile accident may not be reported to the police even though they resulted in property damage and personal injuries. Is a police report necessary to pursue a claim Porcase for personal injuries in the State of Florida? The simple answer to this question is No. Florida law does not necessarily require that a police report be made in order to pursue a claim or case for personal injuries. However, insurance companies often require the documentation of an accident be made in order to substantiate the facts of the case. Typically, a police report is helpful in order to provide documentation of the insurance company as proof of the accident took place, the surrounding the details of the surrounding area including road construction speed limit etc. and the observations of an independent third-party in the form of the police officer.

In the State of Florida, there is a legal concept known as the Accident Report privildge. Under this doctrine, a police report cannot be admitted into evidence in most civil cases involving personal injury. While it does not count as official evidence, a police report can be helpful in obtaining information including insurance information and the identify of witnesses.

A police officer can be a good witness to the details of the scene of the accident, the condition of the vehicles, and other observations after the accident itself. Because of the complexities of Florida law including the accident report privilege and insurance requirements and compensation, the often helpful to have a Florida Child Injury Lawyer involved in the case early on in order to advise parent of the respective rights of the child in the responsibilities of the at-fault driver.

The book - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Should Know After the Accident - has chapters on Automobile Accidents, Bicycle Accidents, Pedestrian Accidents, Medical Bills and Insurance, and other topics. You can get this book for free at When the Wheels Stop Spinning.

 
 
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