Florida Child Injury Lawyer Blog

Teen driving . . . for teens, it is an exciting time in their life. For Florida parents and others drivers, teen driving is viewed as a risky venture that can result in anhttp://www.woodatter.com/lawyer-attorney-1163619.html"> automobile accident related death or injury to a Florida child.

A study reported in the Archives of Pediatrics and Adolescent Medicine indicates that the risk factor for teens and children in serious crashes is higher than other age groups. The doctors and social workers who compiled the statistics advised parents to educate their children about the dangers of speed, alcohol, and restraints. You can read more abut this study at Risk Factors for Death Among Older Child and Teenaged Motor Vehicle Passengers.

Florida insurance laws and Florida automobile liability laws can be quite tricky. Each case and situation must be evaluated on its own merits. Medical bills can be paid for under some policies and uncovered under others. Questions about the Florida laws, Florida insurance, and your rights can be addressed by a Jacksonville Florida Personal Injury Lawyer. It is important to understand the rights of your child before making any decision or course of action when there is a Florida child injury or death resulting from an automobile accident.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Wrongful Death

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Thousands of children suffer eye injuries in Jacksonville Florida and across the Nation each year. Prevent Blindness America is a non-profit organization with a mission of promoting eye safety and preventing blindness. According to their Website (www.preventblindnessamerica.com), many eye injuries are preventable if parents and caregivers following three steps:

1. Understand the dangers;

2. Find and remove the hazards; and

3. Watch your child closely.

Simple advice but very good advice nonetheless. Toys including pellet guns and swords can cause injury. Even basic household items put to the wrong use can also cause harm to your child's eye. Be safe . . . be smart and protect your children.

In many instances, the eye injury results from an automobile accident, slip and fall, or other type of unexpected event. As parents, we can do our best to protect our children but cannot always predict events, incidents, or the negligence of others

Of course, you cannot be with your children 24 / 7. As such, at times, you must rely on others including teachers, coaches, neighbors, and other parents to properly supervise your child. If your child sustains an eye injury or other type of injury while under the care or supervision of others, it is helpful to consult with a Jacksonville Florida Personal Injury Attorney to assess the situation and advise you of your rights and legal options.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Slip & Fall Injuries , Sport Related Injuries

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Dog bite injuries to children in Florida are problematic.

Children are often the innocent victim of a dog that is not leashed, properly restrained, or trained to be around children and others. Pit bull dog bite injuries to Florida children can be especially troublesome and can result in severe injuries including scarring. Legislators in South Florida have proposed a Florida legislative bill that would allow counties like Duval County and St. Johns County to bank Pit Bulls and other breeds. In the alternative, under this bill, a county could prohibit owners from bringing certain breeds in public. For the past 18 years, there has been a state wide prohibition on "breed specific" local regulations on dogs. There is opposition to the bill from dog owners who believe that a few bad owners and incidents are to blame for the attacks rather than the breed. You can read more about this issue at Bill Would Let Florida Cities and Counties Ban Pit Bulls and Other Breeds.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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All Florida pediatricians and other Florida doctors and medical providers are registered with the State of Florida.

Whether you are researching a doctor in Jacksonville Florida or Miami Florida, all the doctors are listed at this central web site. You can find out the doctor's educational background, speciality certifications, years of practice, and most importantly, for some, the doctor's disciplinary history.

Florida Department of Health - Health Licensee Lookup.

If you are any questions about the actions or inactions of a doctor in Jacksonville Florida or other parts of Florida, it is helpful to consult with a Jacksonville Florida Medical Malpractice Lawyer for advice, direction, and representation.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Medical Care & Health Issues , Medical Malpractice , Wrongful Death

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A report out of Miami indicated that doctors are seeing an increase in children's knee injuries in Florida.

Doctors stated that more surgeries are performed on children's knee injuries due to Florida playground injuries, sport related injuries, and other causes. Dr. Steven Swirsky, a South Florida orthopedic surgeon, stated that he is doing 4 times as many surgical repairs than he performed 10 years ago. Dr. Swirsky stated that children are playing sports harder and longer. You can read more about this story at Florida Doctors See Increase in Children's Knee Injuries.

Some knee injuries result from the lack of proper supervision and / or from the negligence of others. Children often times do not possess the good and experienced judgment of an adult. As such, proper supervision at the during activities at school, a playground, a soccer / football field, and even a friend's house is vital. Health and liability insurance issues in Florida arise when there is an injury. Depending on a the facts and circumstances, a Jacksonville Florida personal injury attorney may be able to assist you with your insurance questions and benefits.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries

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Bicycle accidents and resulting injuries in Jacksonville Florida are a frequent problem.

If a child or an adult bicycle rider is injured in Florida after being hit by a motor vehicle, insurance benefits including Personal Injury Protection may help the victim pay for medical bills. Florida Statute 627.736 provides as follows:

Required personal injury protection benefits; exclusions; priority; claims.--

(1) REQUIRED BENEFITS.--Every insurance policy complying with the security requirements of s. 627.733 shall provide personal injury protection to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in such motor vehicle, and other persons struck by such motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to the provisions of subsection (2) and paragraph (4)(d), to a limit of $10,000 for loss sustained by any such person as a result of bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle.

If you have a question about Florida Personal Injury Protection or other insurance benefits, it is important to contact a Jacksonville Florida personal injury attorney / lawyer to discuss your rights.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries

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Another Jacksonville Florida / Glen St. Mary Florida auto accident leaves one dead and another seriously injured. Melody B. Flores, age 46, of Glen St. Mary Florida was seriously injured when a teenage driver (Arjun D. Good) drove into Melody's right of way.

The accident took place at 6:30 a.m. and was reported as a head on collision. Arjun was a local student at Stanton College Preparatory, one of the best high schools in the nation according to various polls and rankings. Both were taken to the Shands Jacksonville Trauma Center for treatment. Unfortunately, Arjun Good died at Shands and Melody B. Flores was listed in serious condition at Shands.

Arjun Good was not wearing a seat belt. This basic safety measure may have meant the difference between life and death for this teenager.

Incidents like this show the importance of being alert and safe on the road. Pay attention to road conditions. An accident reconstruction expert, engineer, and a trained Jacksonville Florida personal injury attorney may be able to piece together the facts and circumstances of the accident even though one of the drivers died.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Wrongful Death

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Children, age 5 and even younger, learn about 911. If your Florida child has not learned by now, make sure to teach them about 911 when there is a Florida emergency, injury, accident, death or crime. In Michigan, a 5 year old called 911 to report that his mother had collapsed.

The 911 operator, Sharon Nichols, thought the call was a prank and hung up on the boy whose mother was found dead in the home 3 hours later. Ms. Nichols was fired from her job and ultimately got probation. It is a sad story. While the job of a 911 operator can be difficult, it is always best to take every call seriously. You can read more about this story at Probation for Michigan 911 Operator.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Wrongful Death

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Tragedy in the form of a fatal Baxley, Georgia automobile accident has hit the small town of Callahan, Florida which is just North of Jacksonville Florida. Brooke Dover, Liana Sutton, and Joshua Melton died in a car accident in Baxley, Georgia. The death Brooke Dover, a West Nassau High School student, devastated the students and teachers at the school.

The cause of the accident was unknown. Local and State police agencies will conduct a homicide accident investigation to determine the cause of the accident which could range from mechanical defects to road hazards to driver negligence. In accidents of this nature, families often times retain a Jacksonville Florida personal injury attorney or accident reconstruction experts to determine the cause of the accident. Work by different professionals and police agencies may provide answers, peace of mind, and also may, in some instances, prevent further injuries and deaths.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Wrongful Death

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Jacksonville, Florida child injuries resulting from guns has been a problem for many years.

Throughout Florida and the United States, there are 10 - 12 firearm deaths daily to children under 19. If you are a gun owner or know somebody who owns a gun, it is important to take some basic but vital steps to protect and safeguard the weapon.

Our constitution gives us the right to bear arms. With such rights come great responsibility. A website called www.injuryfree.org provides good tips on Florida gun safety and other issues. If you own a gun, print out the list and make sure that you do everything you can to safeguard the gun. Your actions may end up saving a life in the future.

If you have a child or know a child who has been injured by a gun, it is important to have a Jacksonville personal injury attorney review the facts to determine your rights and remedies for the injuries caused to your child.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Violent Crimes , Wrongful Death

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Bad parental discipline showed itself at an Orlando, Florida car wash recently.

Orlando Police did not release the mother's name. The mother used a car pressure washer as a form of discipline for her 2 year old daughter at the Magical Car Wash. There was nothing magical as to this form of discipline for a 2 year old. The mother was arrested and charged with child abuse. The car wash had a surveillance camera in place that captured the incident. You can read more about this story and see the surveillance photographs at Mother Arrested, Charged After Spraying Daughter at Car Wash.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children

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Arguments lead to fights in and near Florida schools . . . fights lead to shootings . . . shootings lead to injury and death to Florida children. Two 10th grade students were shot in the Tampa area after they got off a school bus in an area near some housing projects. Soon after getting off the bus, the two students got in an argument with others who pulled out guns and shot the students.

No fight or argument is every worth it.Problems at school bus stops should be reported to the bus driver, school administration, the school board, and, if necessary, to the police.

If your child has been injured as a result of a school bus incident or accident, call a Jacksonville Florida personal injury attorney for advice and counsel.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Crimes Against Children , Education , School Safety

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Florida children are injured and killed by guns. What happens if a child is negligently or purposely shot? Does Florida homeowners coverage apply? Well, in the words of many lawyers past and present, "it depends". As such, there is not clear cut answer for every case. As such it is important to hire a Jacksonville, Florida personal injury attorney to advise you and guide you through this most difficult and emotional issue.

Some child injuries and death result from crimes and others result from carelessness and negligence. It is impossible to create a complete crime free society; however it is possible to be more careful with guns, store them in a locked container, and keep the guns out of the hands of our children.

The starting place for any case of this nature is the insurance policy. Is there an exclusion for guns? Is there an exclusion for criminal acts? What is the exact language that is used?

Exclusion clauses, like an intentional or criminal act exclusion clause / or gun exclusion clause, are generally considered contrary to the fundamental protective purposes of insurance. As such, Courts will closely evaluate these clauses to make sure that there meaning is clear, concise, and understandable to an ordinary person.

In Hyrnkiw v. Allstate, 844 So.2d 739 (Fla. 5th D.C.A. 2003), the Plaintiff was shot by the son of the homeowners. The Plaintiff claimed that the homeowners were negligent in their supervision of the son and their supervision of the gun itself. The trial court ruled in favor of the homeowners insurance company (Allstate). Allstate argued that there was no insurance coverage for this incident due to an exclusion for intentional acts of the homeowners and / or their son. The Fifth District Court of Appeal agreed and ruled that there was no insurance coverage. While the homeowners could still be sued for negligence and the Plaintiff could pursue damages for his injuries, there was no insurance to cover the damages / injuries. While I do not particularly like the ruling in Hyrnkiw, I recognize and understand the rationale. Hyrnkiw does not apply to every case and every policy. As such, if you or a family member has been injured by a gun, it is important to consult with a Jacksonville Florida personal injury attorney to determine your respective rights including the applicability of homeowners insurance.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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States including Florida are weighing and re-evaluating laws regarding booster seats for children ages 4 to 7 according to USA Today (States Weigh Booster Seat Laws for Kids).

The National Highway Traffic Safety Administration estimates 41% of children 4-7 were routinely put in booster seats in 2006. About 350 children in that age group die in crashes each year. About 50,000 are injured. Half the children killed are unrestrained.

It is vital for Florida parents and others for that matter to put their children in child seats or booster seats and to use seat belts. Set a good habit for your children. Seat belts do save lives and prevent child injuries and death in cities like Jacksonville, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety

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I read an interesting article online about the ABCs of Water Safety. Florida is the number state for drowning deaths and other injuries. As such, there are a great many of Florida children who die or are otherwise unnecessarily injured by preventable drownings. The ABCs of Water Safety are as follows:

A Adults should have eye contact with children around all forms of water
including pools, lakes, canals, oceans, and other water ways. A child can
apparently drown in as little as one inch of water.

B Barriers protecting Florida children and water can save a life. According to an
Arizona study, over 90 % of injuries would have been avoided with a proper
barrier. Barriers include fences, screen enclosures, and fences / gates around
pools. Many homeowners pick style over safety and do not have barriers in
place. This is short sighted thinking especially in homes where children live or
where children visit.

C CPR classes are vital for adults and children so that everyone knows what to do
in an emergency.

Florida homeowners insurance will cover most injuries / deaths involving drownings. It is far better to take a close look at your safety measures first and then your homeowners policy.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Swimming Pool & Aquatic Injuries , Wrongful Death

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A Tuesday afternoon drive by a Grandmother and Granddaughter turned to tragedy due to a Jacksonville Florida Auto Accident. The Jacksonville Times Union reported that Carol Duke, a 66 year old Westside woman, was in critical condition following a crash on Chaffee Road. The Grandaughter, Heather Molina, who was driving, became distracted and caused a collision with oncoming traffic. It appears that the Granddaughter was negligent and should have been paying more attention to traffic conditions.

Interesting legal issues regarding the above incident include the following:

Can a Grandmother file a claim under the Granddaughter's insurance policy?

More broadly, Can a Family Member file a claim or sue another Family Member?

The answers to the above questions depend on the facts and insurance policies involved. Auto Insurance policies are purchased in order to pay for medical expenses, wage loss, pain, and suffering that result from an automobile accident. I believe that if there are insurance benefits available - pursue them even if the incident involves other family members. Generally, there is no immunity for a family member that is negligent and causes harm or injury to another family member resulting from a Jacksonville Florida Auto Accident. Since the injuries can be complicated and dependent on the facts, it is important to consult with a Jacksonville Florida Personal Injury Attorney to determine and discuss your rights or the rights of a family member.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations

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A 4 year old girl died recently when she drowned in a swimming pool outside of her family's new home.

At the time she drowned, her father was busy working on a fence for the home. The father thought that his daughter went inside the home to join her mother in the kitchen. A few minutes passed, then the father found his daughter at the bottom of the pool. Paramedics rushed the child to Broward General Medical Center where she was pronounced dead.

Whether it is minutes or hours of inattention by a parent or caregiver, a swimming pool is an extremely dangerous hazard that should be enclosed and protected at all times. 4 Year Old Drowns in Family Pool. According to www.safekids.com, drowning is the second leading of unintentional deaths in the United States for children between the ages of 1 and 14. Any injury or death to a Florida child is a tragedy especially ones that can be prevented.