Posted On: February 29, 2012

Is a Florida Hotel or Resort Liable for Injuries to a Child While on the Property?

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Is a hotel or resort liable for the injuries caused to a child while on the property? In Florida, hotels, resorts, and theme parks welcome children through their doors and gates on a daily basis. Florida is known for its tourism in the hotel, lodging, theme park, and hospitality areas. Tourism, visitor, and lodging dollars are big business in the State of Florida. When children visit a hotel, resort or other area, the business owner and property owner have a duty to provide a reasonably safe and secure environment for the children. It is well-known that children visit and stay at hotels, resorts, and theme parks.

Because of this, it is important for managers, administrators, staff members, housekeepers, and others to make sure that the common areas, rooms, restaurants, swimming pools, and other areas are safe for use for children. The hotel, resort, and theme park in Florida have a duty to provide reasonable and periodic maintenance of the facility, property, and grounds to make sure that there are no hazards present that put children at risk for personal injuries.

When a child is injured at a hotel, resort, theme park or other area, a parent is often times faced with questions, issues, and challenges related to medical bills, medical treatment, compensation, and damages. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent - Should Know has chapters on Theme Parks, Swimming Pools and Water Parks, Damages / Compensations, and other topics. Get this book for free at The ABCs of Child Injury. When a child is injured, it is important to get legal advice from a Florida Child Injury Lawyer to get advice and legal representation.

Posted On: February 28, 2012

Marion County Sheriff's Office Sets Up Task Force to Investigate Assaults by Former Boy Scout Leader George Fout

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Teachers, coaches, and boy scout and girl scout leaders often times serve as leaders in the community and also as role models for children. Many people who work in or volunteer in these positions are dedicated to health, safety, and welfare of children. On the other hand, there are others in these positions of trust and respect who prey upon children even though they are trained to protect and educate children under their care and / or in their presence. Child predators come in all different sizes and shapes. Arguably, the worst offenders are those who falsely portray themselves as responsible adults who care about children.

When a child is assaulted or otherwise suffers personal injuries, a parent or guardian often times has many questions or concerns. A Florida Child Injury Attorney can answer many of these questions and provide the parent / guardian with direction and advice when a child is injured. 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, Child Abuse and Neglect, School Injuries, Automobile Accidents, and other topics. Get this book for free at The ABCs of Child Injury. While the book is not a substitute for legal representation,it does contain some basic information and concepts that apply to many issues that arise in a child injury case or claim.

In Marion County, Florida, the Sheriff's Office has set up a task force to investigate allegations against George Fout - a former boy scout leader. Fout reportedly admitted to some of the crimes and the Sheriff's Office is investigating the reported incidents and will determine if there are additional victims of this alleged predator. See Task Force Set Up by Marion County Sheriff's Office.

The attorneys at Wood, Atter & Wolf, P.A. have represented injured children and their families since 1957. For over 50 years, the personal injury attorneys at the Wood, Atter & Wolf, P.A. law firm have been On Your Side - At Your Side.

Posted On: February 27, 2012

Julington Creek Murder - Suicide - What Should Parents Tell Their Children?

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Julington Creek Plantation is filled with families and quiet neighborhoods. What appears to be a murder suicide in a home has shook this quiet family oriented community. The St. Johns County Sheriff's Office reported that Donna Gayle McCulloch shot herself and her two children - a first grader and a second grader - who attended Julington Creek Elementary School.

I am quite familiar with the school and the community since I have resided in Julington Creek since 2004. It is most tragic and unfortunate that two children died at a result this shooting. It is also sad that the mother had such prior problems, trouble, and burdens that led her to such actions. Many parents in Julington Creek have been asked by their children about the news trucks, police cars, and reports on the news and in the Jacksonville Times Union, St. Augustine Record, First Coast News, and Action News. In times like these, children need assurance and confidence that they are safe in their homes and in the community. According to the sheriff's office, there is no "manhunt" or other reported dangers out there related to the incident. However isolated this event may be in the Julington Creek Community, it is somewhat unsetltting for the community that a death took place next door or right down the street.

The Julington Creek Elementary School is led by Principal Michael Storey who stated that Julington Creek is a close knit community and the boys will be missed at the school. At times like this, it is good to know that the Julington Creek Community has good leaders in Mr. Storey who will be a calming and assuring presence for the community. See More Details Released as to Murder - Suicide in Julington Creek Plantation.

The St. Johns County School Board and Julington Creek Elementary responded quickly and well to the tragic incidents. The Cincinatti Children's Hospital has a good article on schools and policies to address the death of a student / classmate. See Dealing with the Death of a Student / Classmate - Recommended Actions.


 

Posted On: February 26, 2012

Is an Incident Report Required to Pursue a Legal Case or Claim for Personal Injuries against a Florida Day Care Center?

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In Florida, children are you unfortunate victims of injuries at school and day care centers. In most cases, the school or day care center administration will provide to the parent a written incident report containing some details as to the incident and the injuries sustained. At times, the day care center or school fails to complete an incident report or in the alternative refuses to provide a parent with a copy incident report. While it is helpful to have an incident report that provides information as to a particular incident that took place in the school or day care center, the incident report itself is not a prerequisite to pursuing a legal or insurance claim for the child's injuries.

A legal case against a Florida day care center or a Florida school is dependent on proving 4 elements:

Duty. This refers to the responsibilities of the day care center set forth by common law (case law) or set forth by statute and ordinances.

Breach of Duty. This refers to the negligent actions of the school or day care center or in the alternative the failure to take action at the school or day care center.

Proximate Cause. This refers to refers to the link between the breach of duty in the last element of a case - the damages. The breach of duty must be the cause of the injuries or damages sustained. In other words, there must be a relationship between the breach of duty and the damages.

Damages. This refers to the past medical bills, future medical bills, lost wages, loss of earning ability, pain, suffering, loss of enjoyment of life, and other losses.

Pursuing a legal case or claim for day care center or school injuries in Florida can be complicated. Often time, there are hurdles or challenges to getting fair compensation for the injuries caused by the negligence or fault of others. The book titled - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on the Elements of a Day Care Center Case, Outdoor Facilities and Playgrounds, Indoor Facilities, Supervision, Record Keeping, Emergency Procedures, and other topics. Get this book for free at Florida Day Care Center Injuries.

Posted On: February 25, 2012

Should I Report a Suspicion of Abuse or Neglect to the Florida Department of Children and Families (DCF)?

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Should I report a suspicion of child abuse and neglect to the Florida Department of children and Families (DCF)? In Florida, the Department of Children and Families is the government agency that investigates allegations and reports of child abuse and neglect. Unfortunately, children suffer personal injuries and are otherwise abused in schools, day care centers, homes, and other locations. If a person, whether a family member, school official, doctor, or other person has a suspicion that a child is the victim of child abuse, it should reported to the Florida Department of Children and Families Abuse Hotline.

Florida law is quite clear in that a person who reports a suspicion of child abuse has immunity from prosecution or liability for the reporting of the abuse. This assumes that the person has reported the incident or suspicions in good faith. In other words, if a person wants to get a friend family member or neighbor in trouble and schemes to report allegations to the Florida DCF with no basis for the allegations ,then the reporter may not get the benefit of such immunity or confidentiality.

Tragically, many incidents of child abuse and neglect go unnoticed and unreported in the State of Florida. Either the signs and symptoms are less than obvious or there just is not any effort to take action by a person who witnesses the abuse or the aftermath of the abuse.

Children should be provided a safe haven in homes, schools, and day care centers. Unfortunately, these are the very locations in which many children are victims of child abuse and neglect. When a child is victimized by another person, there may be a civil case or claim to pursue on behalf of the injured child. Because of the complexities of these cases, it is often helpful to have the advice, consultation, and legal representation from a Florida Child Injury Lawyer. The attorneys at Wood, Atter & Wolf, P.A., a law firm based in Jacksonville and Ponte Vedra Beach Florida, have been representing injured children and their families since 1957. For over 50 years, the firm has dedicated its efforts to the challenges and needs of injured child. Contact the attorneys at Wood, Atter & Wolf, P.A. for a free consultation.

David Wolf, a partner with Wood, Atter & Wolf, P.A., is the author of two books available to parents on the issues that arise in a child injury case or claim. These books are available for free for parents and concerned persons at The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know and Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents.

Posted On: February 24, 2012

Dog and 11 Year Old Pedestrian Hit by Vehicle in Julington Creek - Florida - Legal Rights and Responsibilities

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Julington Creek plantation is a residential community located in Northwest St. Johns County Florida. The Julington Creek Plantation community is filled with parks, sidewalks, playgrounds, great schools, and playgrounds. It is a common sight in Julington Creek to see children walking their dogs and riding their bikes. There was an unfortunate and tragic accident was recent recently reported involving a 11-year-old boy, a dog, and a teen driver. The St. Johns County Sheriff's office issued a citation to the teen driver for failure to use due care in which the 11-year-old suffered personal injuries and the dog tragically died. See Pedestrian / Automobile Accident - St. Johns County - Julington Creek - 11 Year Old Injured - Dog Dies.


When a child is injured as a result of a pedestrian / automobile accident St. Johns County or other locations, there are often issues and questions faced by the family of the injured child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Florida law allows a parent or guardian to pursue a case or claim on behalf of an injured child for pain, suffering, loss of enjoyment of life, medical bills, and other damages. This Julington Creek Plantation pedestrian accident presents a legal issue that commonly arises in Florida. Is there a right to compensation for the pain and suffering associated with the injury or death of a family pet? Florida law provides that a dog owner can pursue a claim a case or claim for the injury or death of a family pet for pain and suffering related damages under very limited facts and circumstances. Such a case or claim can be pursued if there was reckless conduct on the part of the fault party. In most accidents, there is typically negligence but not reckless or unconscionable conduct. However unfair it may seem, Florida law generally recognizes the family pet as personal property. As far as damages in regards to the pain, suffering, and loss of a pet owner related to the injuries or death of the dog, the facts have to clearly support a claim that the conduct was reckless in nature rather than just simple negligence.

A parent or guardian can pursue a claim or case for an injured child when the injuries are caused by the simple negligence of another person, driver, or business. Child injury cases can be complex and complicated. Because of this, it is often helpful to have the advice, consultation, and legal representation from a Florida Child Injury Lawyer. Since 1957, the law firm of Wood, Atter & Wolf, P.A. has been representing injured child resulting from automobile accidents, pedestrian accidents, bicycle accidents, and other incidents. Contact the attorneys at Wood, Atter & Wolf, P.A. for a free consultation. At Wood, Atter & Wolf, P.A., we are On Your Side - At Your Side.

Posted On: February 23, 2012

Tragic Deaths Reported in Julington Creek - Children Shot to Death

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Julington Creek Plantation is a housing development located in Northwest St. Johns County. Julington Creek is a family oriented community with a few restaurants, two Publix supermarkets, great schools, and lots of youth baseball, football, softball, basketball, and soccer. The somewhat peaceful and quiet community of Julington Creek made news with the tragic and shocking shooting of a mother and her two children. With news trucks and St. Johns Sheriff Deputies on the scene, investigators are piecing together the scene of the crime. Residents of Julington Creek are eager to find out details of these crimes that involved the death of a mother and two school aged children. Anybody with information regarding these crimes should contact the St. Johns Sheriff's Office.

With further investigation and information, law enforcement will hopefully learn more about the events that lead up to the death of the mother and children. The deaths of these Julington Creek Plantation will certainly be felt by extended family members, the neighborhood, friends, and the schools atttended by the children. See Mother and 2 Children Found Death in Julington Creek Plantation.

Posted On: February 23, 2012

What Are the Legal Rights of a Child Injured on a Florida School Bus?

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Florida children are transported to and from school on a daily basis. On any given day, a school bus accident can take place which, in turn, causes personal injuries to the children who are passengers on the school bus. When a child suffers personal injuries on a Florida school bus, the parent or guardian of the child may consider the pursuit of a claim, case or lawsuit to seek compensation for the accident related damages. Each potential school bus injury case should be evaluated on its own facts and circumstances. The pursuit of the case will depend on the cause or fault of the accident, the extent of the injuries, the availability of insurance, and other factors.

Of course, when a child is injured any Florida School Bus Accident, the most important thing to do up front is to get the child evaluated by emergency room, pediatrician, pediatrician, urgent care center, or other qualified medical provider. Once the initial medical care is received and the child is properly diagnosed, the parent should seek advice and consultation with a Florida Child Injury Lawyer to get information regarding the child's legal right to compensation for medical bills, pain, suffering, and loss of enjoyment of life. If a child suffers serious injuries and school bus accident additional medical care will be needed by specialist including but not limited to neurologist, orthopedists, surgeons, therapist, and other specialists. Florida law allows a case or claim to pursued against any the school, school bus company, school, and / or other drivers depending on the particular facts of the school bus accident. It is important in these situations do understand the child's legal rights as well as the availability of insurance to pay for medical bills and damages related to the school bus accident. The attorneys at Wood, Atter & Wolf, P.A. have been representing injured children and their families since 1957. For other 50 years, the personal injury attorneys at Wood, Atter & Wolf, P.A. have been On Your Side - At Your Side for child injury matters related to school bus accidents, automobile accidents, pedestrian accidents, trucking accidents, and bicycle accidents. Call Wood, Atter & Wolf, P.A. a free consultation if your child is been injured and you need information regarding your child's legal rights.

A bus accident was recently reported in Jacksonville (Duval County) Florida. Several students reported pain and discomfort following this Florida School Bus Accident. Following a school bus accident, the extent and severity of the injuries are not always apparent. If the child has pain, medical care and evaluation should be provided. The child should be closely monitored thereafter to determine the need for further medical care and evaluation. You can read more about this accident at Jacksonville Florida School Bus Accident - Injuries to Students Reported.

Posted On: February 22, 2012

Who Is Liable for Damages and Compensation When a Child Is Accidentally Shot in Florida?

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In Florida and other States, children are the unfortunate victims of accidental shootings. When a person owns or has possession or control of a firearm, it is important for the person to be a responsible adult and safeguard the gun against use or access by children. Furthermore, when cleaning, handling, or shooting a gun, it should be done with all safety precautions. People have the right to own and maintain possession of the firearms / guns for their protection and for recreation through hunting and target shooting. However, with gun ownership comes great responsibility.

When a child is an unfortunate victim of an accidental shooting, there may be legal case or insurance claim pursued on behalf of the injured child. When there is an accidental shooting of a child, some cases are criminally prosecuted through the State Attorney and local sheriff's office or police department.

The criminal case is different than a civil case brought on behalf of the injured child by the parents or guardians. Pursuing a civil case for the victim of an accidental shooting can be quite complex. Because of this, it is important for the family of the injured child to retain the services of a Florida Child Injury Lawyer for consultation, advice, and legal representation.

In evaluating and assessing a potential case or claim for accidental shooting, a Florida Personal Injury Lawyer will assess, evaluate, and consider the location of the shooting, the owner of the guy, the availability of liability insurance, the circumstances in which the gun was shot, the involvement of any business or nonprofit agency, the injuries sustained by the child, the availability of medical coverage, and other factors. When considering the pursuit of a civil case or claim, there are often practical and legal factors considered by the attorney evaluating the potential claim or case. Is there homeowners insurance that covers a gunshot injuries? Is there liability insurance that covers the gunshot injuries? Is there a long standing personal or familial relationship that would make the claim or case complicated from a moral or personal standpoint?

A recent accidental shooting was reported in St. Petersburg Florida. A registered gun owner was handling the gun at a church when the gun accidentally discharged. The incident oddly took place at a church where a person usually is provided a safe haven against injury and harm. Accidents do happen but can be prevented or reduced through gun safety and protocol in some instances. See Accidental Shooting at St. Petersburg, Florida Church.

This new story shows that accidental shooting take place just about any where. It all has to do with the handling safeguards. When a child is injured as a result of an accidental shooting, a parent has many concerns and issues to deal with. It is important for a parent to get an understanding of the law and practicalities of pursuing a potential claim or case on behalf of the injured child.

Wood, Atter & Wolf, P.A. has been representing injured children and their families since 1957 involving accidental shootings, automobile accidents, day care center injuries, school injuries, and other matters. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has information regarding the elements of a case, damages, injuries, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 21, 2012

Why Is It Important for Children to Play with Age Appropriate Toys and in Playgrounds in Florida Day Care Centers?

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Why is it important for children to play with age-appropriate toys in an age-appropriate playground Florida day care centers? In Florida, it is important that day care centers and their staff members to provide adequate and timely supervision of children under the care of the day care center. It is important at the day care center provide a sufficient staff to child ratio, maintain the premises the day care in reasonably good repair, and provide that each child with age-appropriate toys and play areas . For example, let's say that a two-year-old is placed on a bicycle or tricycle that is too large for the child's size and age. During play with the item / toy, the child falls and hurts herself. The resulting pesonal injuries included lacerations and a fractured arm. Under this fact pattern, it could be well argued that the day care center was negligent as to supervision of the child and negligent with respect to the age-appropriate this of the toys for the child. With better supervision and equipment, it could be argued that the injuries would have been avoided. The same kind of analysis applies to playgrounds. A toddler should not be permitted to play on the playground for school-aged children which includes higher stairs, monkey bars, and equipment that requires better motor skills and strength than those possessed by a toddler. If a toddler is injured because the child's size as compared with the recommended size for playground use, it could be argued that the negligence of the day care center staff proximately caused the injuries to the child. In other words, the child's injuries would have been prevented if the day care center better assessed the needs and abilities of the child in comparison to the playground's recommended age and size for children.

The assessment and evaluation of a day care center case can be quite complicated. Because of this, it is important for parents hire a Florida child injury lawyer to assess the facts and circumstances and apply the Florida law on point to determine the appropriate course of action. The book titled Florida Day Care Center Injuries -Building Blocks of Knowledge for Parents has chapters on outdoor facilities, playgrounds, indoor facilities, record keeping, elements of the day care center case, and other topics. This book can be obtained for free as a community service project of the law firm of Wood, Atter & Wolf, P.A. Get this book for free at Florida Day Care Center Injuries. While this book is a good resource for parents, it is no substitute for legal representation when a child suffers injuries at a Florida day care center. Contact the child injury attorneys at Wood, Atter & Wolf, P.A. Child injury cases are handled on a contingency basis meaning No recovery - No Fees. Don't go it alone. Get the legal advice you need at Wood, Atter & Wolf where the attorneys are On Your Side - At Your Side. The law firm has served children and residents of the State of Florida since 1957.

Posted On: February 20, 2012

Can I Bring a Civil Action Against the Fraternity or Sorority for Hazing?

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Can I civil action brought against the fraternity or sorority for hazing? In Florida and other States, hazing is an unfortunate fixture at many colleges. Having attended University of Florida in the 1980s I was well aware of stories and incidents of hazing at fraternities and sororities on and off campus. Being in a fraternity in the 1980s and to the present day is often seen as a badge of honor for many. Because of this so called badge of honor or privilege of membership, many pledges or prospective members would do and undergo many humiliating acts in order to become a member of the fraternity or sorority. My fraternity Lambda Chi Alpha was well ahead of its time when I attended college because instead of having pledges - we had Associate Members. Lambda Chi Alpha had and still has a very strong national policy against hazing.

When a student is hazed by a fraternity, sorority or other institution at a college or university, a civil suit may be brought against the organization and / or school to the extent that members and / or officials were negligent in performing their duties. If actions could have been taken to prevent or at least reduce the incidents and severity of the hazing acts, a civil action may be appropriate to seek damages for pain, suffering, and other losses. Cases involving hazing related injuries can be quite complex. The law supporting these kind of cases can also be confusing. Because of this, it is important for a student or the family of a student who was the victim of hazing acts to contact a Florida Personal Injury Attorney or a Florida Child Injury Attorney to discuss the legal and practical issues and challenges to such a legal case.

Recently, Florida colleges have received some unwanted publicity due to hazing incidents being reported to police and university officials. The Florida A&M band program has been reported as having a program rife with hazing incidents for many years. Florida A&M received national attention when one band member died as a result of some reported hazing incident. At the University of Florida, the Alpha Phi Alpha fraternity is receiving some unwanted publicity for alleged hazing incidents that took place in Gainesville, Florida.

Florida colleges and universities should get publicity for their academic and sports programs not for acts of hazing. While it is important to inform the public, parents, and other students about the problems and dangers of hazing, it is a shame that our great State and its institutions are getting notoriety for hazing rather than academics and sports.

Posted On: February 19, 2012

Should a Florida County Have School Guards Posted on School Days?

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Should each Florida County have school crossing guards posted on school days? In various Florida counties and communities, there are school crossing guards in place during morning and afternoon hours. Placement of school crossing guard at busy intersections can help prevent tragic child pedestrian and bicycle accident. The typical crossing guards take the position very seriously and perform a very important job for children in the community. Any time, a driver sees a school crossing guard. The driver should slow down and pay close attention to the directions, instructions, and actions of the school crossing guard. Think about it - the school crossing guard is protecting the most important thing in the community - our children. Show the school crossing guard the respect and deference that the school crossing guard truly deserves.

There are a number of busy intersections that a child uses going to and from school that do not have a school crossing guard posted. Is a Florida county required to post a school crossing guard at every single intersection or busy road way? The simple answer to this question is "No". There is no uniform State of Florida law that requires the placement of a crossing guard at any intersection let along all busy intersections. It is typically a discretionary decision on the part of the School Board or County government to post a school crossing guard unless there has been a county or city ordinance setting forth a requirement to do so. Florida governmental entities include State agencies, Cities, Towns, and Counties. The decision whether to post a school crossing guard would typically considered a discretionary type of decision. This is similar to the decision whether or not to put a traffic light at a certain intersection. The performance of the school crossing guard would be considered an operational function. Florida governmental entities can be sued for negligence involving an operational function but not a discretionary function. For instance, a government entity typically cannot be sued for the failure to post a school crossing guard but can be sued if the school crossing guard performs the job in a negligent manner.Fortunately, most school crossing guards do an excellent job at their assigned post. The challenge in most communities is a financial one. How much money is there in the budget for school crossing guards? How many school crossing guards should we post?

When a child is injured as a pedestrian or bicyclist going to or from school, many of these incidents are preventable with better and safer driving in the community. If a child was injured as a result of the negligence of a driver, the parents should consider and explore the legal rights fo the child. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensations, Medical Bills / Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury. While the book has some helpful information, it is not substitute for legal advice or legal representation. Contact the attorneys at Wood, Atter & Wolf, P.A. for a free consultation which is provided on all child injury matters. At Wood, Atter & Wolf, P.A., we are On Your Side - At Your Side.

Posted On: February 18, 2012

Can I Pursue a Claim for My Injured Child Hit as a Bicyclist or Pedestrian If the Driver Is Not Issued a Florida Traffic Citation?

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Can I pursue a case or claim for my injured child from a bicycle and pedestrian accident even if the driver does not receive a traffic citation in Florida? The simple answer to this question is "Yes". In Florida, police are called to most accident scenes involving injuries to a child who is injured while riding a bicycle or walking as a pedestrian. At the accident scene, the investigating officer will assess the accident scene and take statements from the drivers, witnesses, and the injured child. Thereafter, the investigating officer will make a determination if he or she believes that a Florida traffic statute or ordinance was violated.

When a child is injured as a bicyclist or a pedestrian, it is often helpful to have the advice, consultation, and legal representation from a Florida Child Injury Attorney or a Florida Personal Injury Lawyer. Often times, there are complex issues as to liability, causation, damages, insurance, and other matters. The attorneys at Wood, Atter & Wolf have been representing injured children and their families since 1957. The law firm handles these cases on a contingency basis (i.e. No Recovery - No Attorney Fees or Costs).

In Florida, there is no legal requirement that a police officer issue a citation to anyone at accident scene if the police officer believes that no traffic regulation was violated. You can read more about Florida traffic laws and regulations at Florida Traffic Rules, Laws and Regulations - Frequently Asked Questions. Whether a traffic citation is issued or not, an accident report is typically prepared when a child is injured while riding a bicycle or walking as as pedestrian.

Either let weather aid citation is issued or not they reported typically prepared and then made available to the accident victim and drivers at a later date. If a traffic citation is not issued to the driver who hit a child while riding a bicycle or while walking, the parent of the injured child can still pursue a civil case or insurance claim for the child injury. In Florida, the police officer is not given the power or authority to decide insurance claims or civil cases. In other words, the civil case is not contingent on the issuance or lack of issuance of a traffic citation by the police officer when a child is injured as a pedestrian or bicyclist.

Florida law provides that children under the age of six years old cannot be comparatively negligent as a matter of law. In other words, if a child under the age of six is hit by a car, the insurance company and/or the driver cannot blame the child for his or her fault for causing the accident. A Florida Personal Injury Attorney can help guide the family of an injured child through the maze of Florida laws and insurance claims. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Medical Bills and Medical Treatment, Damages and Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 17, 2012

Child Abuse and Neglect - Should I Pursue a Civil Case for Damages Sustained by My Child?

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In Florida, parents expect that the adults who work in day care centers and schools are responsible people who will supervise and protect the children under their care. Most chid care providers, administrators, and teachers are caring individuals who dedicate the better part of their days to the protection, supervision, and education of children. While training and background checks do help weed out dangerous and / or unqualified individuals, there are many individuals who work with or supervise children and use their position of trust to take advantage, neglect and harm children under their care. Some individuals choose to work with children and at schools because they have a sexual or inappropriate interest in children. While school officials and law enforcement officials work to prevent these individuals from working with children, it is unrealistic to think that all such individuals are kept away from children.

When a child is neglected, abused, or harmed by another person, criminal proceedings are warranted. A civil case is often times pursued as well. The decision whether or not to pursue a civil case will depend on the availability of liabilit insurance, the ability to prove the case, the extent of the damages / injuries, and other factors. Often times, it is helpful to have a Florida Child Injury Attorney assess the case and make a determination as to the viability of the claim and the appropriate course of action to pursue the same.

The book titled - The ABCs of Child Injuries - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Child Abuse and Neglect, School Injuries, Damages and Compensation, and other topics. The book is available on Amazon, Barnes and Noble.Com, and the Apple iBookstore. The book is also available for free at The ABCs of Child Injury. Another book is also availalbe for parents looking for information when a child is injured at a day care center. This book - Florida Day Care Center Injuries - Building Blocks of Knoweldge has chapters on the Elements of a Day Care Case, Playground Regulations, and other topics. Get a free copy of this book at Florida Day Care Center Injuries.

A disturbing news story was recently reported involving the abuse, neglect, and exploitation of a 12 year old girl. The Pinellas County Sheriff reported that a day care worker and school volunteer paid the girl $100.00 to pose for photographs while gagged and bound. The 29 year old man was charged with the crime of sexual performance by a child. The incidents took place in a home on three separate occasions. See Child Care Worker Charged with Crime in Pinellas County, Florida.

Posted On: February 16, 2012

What are the Legal Rights of an Injured Child Bicyclist in Florida?

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In Florida, children are the unfortunate victims of serious personal injuries from bicycle accidents. Some result from the negligence of drivers. Some result from the negligence of the child. In some accidents, the accident is caused by a combination of the negligence of the driver and the child. Florida law provides that children under the age of 6 years old cannot be held to be negligent as a matter of law. In other words, a child under the age of 6 years old cannot be blamed for a particular accident or incident.

There is no set legal age at which a child is permitted to ride a bicycle in the community. It all depends on the child's individual abilities and motor skills. When there is doubt as to the child's ability to safely ride his or her bicycle in the neighborhood or from one place to another, it is often times advisable to have parental supervision. All children should wear a bicycle helmet. Injuries can take place in the driveway of the child's own home or during a longer bicycle ride.

Since children do not always use good judgment when riding bicycles, drivers should slow down any time there is children in the area. When there is an unfortunate bicycle accident with a motor vehicle, the injuries can be quite serious. In some instances, the child tragically dies as a result of the accident.

When a child is injured in a Florida bicycle accident, there are often many issues and challenges faced by the injured child and the family. It is helpful to have the advice, consultation, and legal representation from a Florida Bicycle Accident Attorney or a Florida Child Injury Attorney. The attorneys at Wood, Atter & Wolf, P.A. have been representing injured bicyclists and injured children since 1957. David Wolf, a partner in the law firm, is the author of the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can get this book for free at The ABCs of Child Injury.

A recent bicycle accident was reported in Sarasota Florida. It was reported that a 5 year old boy was hit by a truck while riding in a crosswalk. The bicycle accident took place at the intersection of University Parkway and Lockwood Ridge Road. The Florida Highway Patrol responded to the scene of the accident and measured the truck's skid marks at 151 feet. In evaluating and assessing the bicycle / truck accident, the FHP will investigate the posted speed limits, the number of lanes, the actions of the child bicyclist, the actions of the truck driver, witness statements, and other information. See Five Year Old Critically Injured in Bicycle Accident in Sarasota Florida.

Posted On: February 15, 2012

Dangers of Walking to Schools - Risks of Personal Injuries and Death - Florida's Wrongful Death Laws

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Every day, Florida children are at risk for personal injuries when walking to or from school. Any given morning or afternoon and even in the summer, Florida children are in neighborhoods and communities walking to and from their school. When a child walks or rides a bicycle to or from school, there are certain risks and dangers to the child. It is vital that every driver inb every vehicle in every community and neighborhood be alert and aware of the presence of children, school buses, school bus stops, in any area and time where children are present. Children are the unfortunate victims of pedestrian and bicycle accidents on the way to school or on the way home from school.

Many of Florida child pedestrian and bicycle accidents are avoidable. In other words, the accidents are due to excessive speed, driver inattention, driver distraction, and or other unsafe driving in or near the child pedestrian or the child bicyclist. When children are entering or exiting school buses, driver should also proceed cautiously. When a child suffers injury while walking or riding a bicycle, it can be quite challenging for the injured child and his or her parents. There typically are many issues that arise when a child is injured including those related to medical treatment, medical bills, education, lost wages, and other issues it is important for the parents of an injured child to get legal advice as to the rights to compensation and damages of the injured child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Bills, Damages / Compensation, and other topics. A parent should read this book to get information as to injury claims and cases. Of course, this book geared for parents is no substitute for the services and representation from a Florida Child Injury Lawyer; however, the book does provide a good general overview of legal claims and concepts that a parent should be aware of in pursuing a legal claim or insurance claim for damages related to a child injury. Get the book for free at The ABCs of Child Injury.

Wood, Atter & Wolf is a Florida law firm based in Jacksonville, Florida and Ponte Vedra Beach, Florida. The firm handles personal injury and child injury cases throughout the State of Florida. Cases are handled on a contingency basis and all initial consultations are free to parents of injured children.

Posted On: February 14, 2012

What Are the Legal Rights of a Child Injured at the Home of a Neighbor or Friend?

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In Florida, children are the unfortunate victims of injury at the homes of neighbors, friends, acquaintances and even other family members. When a child is injured at the home of another person, the homeowner can be liable for the injuries and associated damages. A property owner / homeowner may be liable for the resulting injuries; however, the homeowner is not always liable. In order to determine the liability or responsibility for a homeowner when a child is injured, there must be an analysis or assessment of the four elements of a negligence case in the State of Florida.

1. Duty. The element of duty refers to the responsibility of the homeowner to maintain a safe and reasonable indoor and outdoor environment for the child. This does not mean that the homeowner is an insurer or absolute guarantor of safety. It only means that the homeowner has the responsibility to take reasonable efforts to maintain the premises in a safe manner. Furthermore, there is a duty to provide reasonable supervision based on the age of the child and activity at that the child engaged in.

2. Breach of Duty. The element of breach of duty refers to the failure of the homeowner to act in a reasonable manner or that the homeowner has acted in an unsafe or unreasonable manner. Either way, the breach of duty refers to the failure to carry out the duty to provide a safe and reasonable environment for the child.

3. Causation. The element of causation refers to the link between the breach of duty and the damages. In other words, the breach of duty was the proximate clause of the damages or injuries caused to the child.

4. Damages. The element of damages typically refers to the injuries sustained by the child along with the associated economic damages in the form of past and future medical bills.

In order to determine if there is a viable claim or case for personal injury sustained at the home of another person, the elements or the facts of the case do not always clearly fit neatly into each the above categories. A Florida Child Injury Lawyer can assist a family with advice, consultation, and legal representation when a child is hurt or injured at another person's home. If there appears to be a viable claim that fit into the above elements, there is another factor that is typically considered by the Florida Child Injury Lawyer when assessing a case and determining the appropriate course of action. This additional factor is homeowners insurance.

There is no legal requirement to carry homeowners insurance in the State of Florida to carry homeowners insurance. Typically, homeowners insurance is required by a bank, mortgage company, or lender to secure the asset that is subject to the loan or mortgage. Unfortunately, many homeowners allow the homeowners insurance to lapse or do not bother getting home owners insurance when they are behind in payments or having a economic hardship. Furthermore, even when there is homeowners insurance in place, there are exclusions under the policy that do not cover a particular event or incident that occurs at a home. For instance, many Florida homeowners policies exclude injuries related to dog bite . Because the additional issue of homeowners insurance can also be complicated, this is another reason to retain the services of a Florida Child Injury Lawyer for advice and consultation so that the parent is fully informed of the legal rights of the injured child and the possible causes of action and compensation for the same. The book titled - The ABCs Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowners Insurance, Automobile Accidents, Day Care Center Injuries, School Injuries, and other topics. You can get this book for free at The ABCs of Child Injury. This book is also available for download at Amazon.com, barnesandnoble.com, and the Apple iBookstore.

Posted On: February 13, 2012

What Factors Are Considered When Valuing a Florida Day Care Center / School Personal Injury Claim or Legal Case?

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In Florida, children are the unfortunate victims of personal injuries in day care centers. Due to inadequate supervision or other forms of negligence, children suffer serious personal injuries in Florida day care centers that require medical attention. When a child is injured as a result of the negligence of a day care or child care worker, the parents can pursue an insurance claim or a legal case for damages and compensation related to the child injury. Assuming there are no issues as to liability or fault, the value of the case will depend on a number of factors:

Medical Bills. The insurance adjuster for day care center will consider the medical bills incurred in the past and the medical bills to be incurred in the future.

Medical Treatment. The type and expense of the medical treatment will also be considered when placing a value on a child injury claim for a day care center negligence case. If the child has surgery or any kind of procedure, this will increase the value of case.

Permanency of the Injuries. Another factor it that is considered is whether the injuries are permanent in nature and extent of the permanency. In other words, the defendant or the insurance company will consider if the child will have the effects of the injuries for number of years to come. Furthermore, the adjuster and day care center will consider how the injuries will impact the child's life.

Scarring and Disfigurement. Another factor that consider is whether the injury sustained at the daycare center result in any visible injuries on the child. Facial injuries to a child can be especially troublesome especially if they result in permanent scarring that will follow the child and remain on the child for a lifetime.

The book titled - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Outdoor Facilities / Playgrounds, Indoor Facilities, Day Care Center Negligence Cases, Emergency Procedures, Record Keeping, and other topics. Get this book for free at Florida Day Care Center Injuries.

Posted On: February 12, 2012

Who Is Going to Pay for the Medical Bills When a Child Is Injured at a Florida Day Care Center or School?

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In Florida, children often times suffer personal injuries at day care centers and schools. When a child suffers injuries at a day care center or school, parents are often faced with the issue or challenge of paying for medical care for the injured child. There are various payment sources or options for parents when a child is injured at a day care center or school. Legal cases involving a Florida day care center or school injury can be quite complex. Due to the complexity of these cases, it is often helpful to have a Florida Child Injury Lawyer assess the case and advise the parents as to the legal rights and options for payment of medical bills for the injured child.

Here are some sources of payment that might be available when a child is injured at school or day care center:

Student Accident Insurance. This insurance coverage is often available through a day care center or Florida school. In some instances, the school or day care center pays for the coverage. In other instances, student accident insurance is an option available for parents if premium payments are made by the parents. This kind of insurance coverage pays medical bills related to a day care center / school personal injury regardless of fault for the injury sustained while under the care of a day care center or school.

Health insurance. If a child has health insurance benefits in place. This may be another payment source for medical bills.

Liability Insurance. Unlike student accident insurance and health insurance, liability insurance does not pay piece meal. In other words, in other words, liability insurance usually will only make a one-time payment for medical bills, pain, suffering and related damages. Because there is typically only a one time payment under liability insurance, a parent often times is put under financial strain during the medical treatment phase of the claim or case especially if the child does not have health insurance or student accident insurance to pay for medical bills.

Medical Payment Insurance. This payment source may be available under an insurance policy. Similar to student accident insurance, medical payment insurance coverage will cover medical bills regardless of fault.

Direct Payment from Day Care Center or School. On occasion, a Florida day care center or school will pay for the medical bills directly from school or daycare funds for the child.

It can be a challenge to get a child medical care and treatment when a child is injured in school or day care center and find payment sources for the medical care and treatment. When a child suffers a personal injury while under the care and supervision of a Florida day care center or school, it is important to hire a Florida Child Injury Attorney for advice consultation, and legal representation. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills/ Medical Treatment, Day Care Center Injuries, School Injuries, and other topics. You can get this book for free at The ABCs of Child Injury. Another good book and resource for parents is Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents. This book has chapters on Outdoor Facilities / Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures, and other topics. Get this book for free at Florida Day Care Center Injuries.

If your child has been injured at a Florida school or day care center, contact the child injury attorneys at Wood, Atter & Wolf. Since 1957, the attorneys at Wood, Atter & Wolf have represented the interests of injured children and their families.

Posted On: February 11, 2012

What Supervision Should Be Provided to Special Needs Children at a School or Day Care Center Playground?

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In Florida schools and day care centers, iFlorida special-needs children are accepted for admission and enrollment. When a special needs child is accepted into a educational facility - whether it is a school or day care center - the teachers, aides, and administrators should be aware of the child's needs and abilities. The level and type of supervision provided to a special needs child will depend on a number of factors including the following:

Physical Abilities and Challenges. It important for the staff to know the physical abilities and challenges of the special-needs child so that assistance and supervision can be properly provided on the playground. Some special-needs children can climb. Some cannot. Some need assistance when maneuvering steps and stairs. Some special needs children have vision problems that make it more difficult using or playing on certain playground equipment. Because of these and many other traits, it is important to provide the level of assistance commensurate with the needs of each child under the care and supervision of a school or day care center.

Cognitive Abilities and Challenges. Many special needs children have cognitive challenges that should be considered when determining the level and extent of supervision on the school or day care center playground. Many of these children also have physical challenges as well. The school / day care center staff should be well aware of the abilities and needs of each child enrolled in the facility. Many children especially those with special cognitive needs do not understand or recognize many dangers present in a typical playground. Because of this, supervision needs to be geared to address the cognitive challenges of the child.

Staffing. When determining the level and extent of the supervision provided to special needs children on a playground, it is also important to assess the overall need of the group that is playing. For example, let's say that all 10 of the children have special needs that require supervision and assistance. Then, the staffing of just one staff member would be inadequate. Guidelines should be met for staff to child ratio that are set forth for day care centers and schools. This is especially important when there are special needs children present in the group. The equipment for use on the playground should also be considered when determining staffing levels and supervision during recess or play time. Some playground equipment is quite basic. Other playground like swings, ladders, monkey bars, and merry-go-rounds can present a serious risk of danger / injury for a special needs child.

It is important for the every Florida school and day care center to evaluate the child's needs as well as the playground equipment available for use when determining the level of supervision. When a special-needs child is injured it on a playground, it is often helpful for parent to consult with a Florida Child Injury Attorney to determine the respective rights of the injured child and the parents ability to collect damages and compensation for the injuries sustained by the child. The book titled - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Outdoor Facilities, Playgrounds, Record Keeping, Emergency Procedures, and other topics. You can get this book for free at Florida Day Care Center Injuries.

Posted On: February 10, 2012

What Should I Do If My Child Is Injured While Riding a Florida School Bus?

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What should I do if my child is injured while riding on a school bus? Every day, children are transported on school buses and day care center vans. Unfortunately, due to the number of these vehicles on the roadway and the number of bad drivers out there there, accidents involving school buses and day care center vans frequently happen that result in injuries children. As passengers on the school bus or day care center vans, the children obviously bear no fault or responsibility for the accident itself. Therefore it is typically the responsibility or fault of the school bus driver and or the another driver for the injuries caused by the accident. When a child is injured on a school bus or day care center van, there are various things that a parent can do in order to deal with the issues and challenges presented with these type of child / accident related injuries.

1. Seek Medical Treatment and Evaluation. First and foremost, the parent should make sure that the child gets the appropriate medical care and treatment and / or address any problems that appear to be present following an accident caused by an accident. There are several options out there for initial medical care and treatment including emergency room visit, urgent care center, and pediatrician.

2. Seek Legal Advice. When a child is injured as a result of a school bus accident or day care center van accident, it is important for the parents to know the legal rights and options for the child relating to medical bills, medical treatment, compensation, and damages. While an attorney is not necessary in every case, it makes sense for the parent to get this information to understand the legal and insurance options following a school bus or van accident.

3. Take Photographs. When a child is injured, it is important that the visible injuries are documented by photograph to show the existence and severity of the injury. If possible, take photos of the school bus and other vehicles involved in the accident. It may also be helpful to take photos of the street, speed limit signs, and traffic control devices.

4. Obtain and Review Insurance Information. Following an accident, there maybe several types of insurance that may apply to the injuries or compensation for the injuries. These include school insurance, student accident insurance, health insurance, automobile insurance, and medical payment insurance. Because there is a wide variety of insurance policy and benefits and may apply, it is important to consult with a Florida Personal Injury Attorney on these and other issues as well.

5. Follow Up Medical Treatment. If the child continues to have signs and symptoms following initial visit to the doctor or medical provider, it may be appropriate to have the child seen on a regular basis by a specialist. Medical providers following an accident may include the following: therapists, chiropractors, neurologists, orthopedists, and physiatrists (physical medicine and rehabilitation). Please report in investigation. It is often helpful to have a copy of the police report and

6. Obtain and Review Police and Incident Reports. Any police or incident reports regarding the school bus or day care center van will help provide information as to the possible cause and preventability of the accident. These reports should be obtained whether the bus or van driver is at fault, another driver is at fault, or if the fault is a combination of more than one driver.

The issues involved with a school bus or day care center van accident may be complex and confusing. Because of this, it is important for a parent to consult with a Florida Personal Injury Attorney or Florida Child Injury Attorney for consultation, advice, and legal representation. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Medical Treatment / Medical Bills, and other topics. You can get this book for free at The ABCs of Child Injury.

Posted On: February 9, 2012

Is a School or Day Care Center Responsible for Injuries Suffered at a Florida Playground?

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Is a school or day care center responsible when a child is injured on a playground? This is a question that is often posed to me as a Florida Child Injury Attorney representing injured children. Like many legal and practical question that are asked of me, the answer to this questions is -- it depends --. In evaluating the potential claim or case to be pursued, a Florida child injury lawyer will consider the following facts and factors:

*the number of adult supervisors on duty and in place;

*the age of the children being supervised;

*the number of children being supervised;

*the special needs and abilities of the children;

*the equipment in place;

*the age restrictions (if any) for the restrictions in place; and

*the maintenance of the playground equipment.

A Florida Day Care Center or Florida School is not responsible for every single injury that takes place in or near the playground. However, a school / day care center is responsible if the injuries could have been prevented with better or more consistent supervision. There may also be liability if there was better and more consistent maintenance of the playground equipment. Because playground injury cases are different, each case, claim, or injury must be evaluated at on its own merits. A Florida Child Injury Attorney should be consulted for advice, consultation, and legal representation. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on School Injuries, Day Care Center Injuries, Playground Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 8, 2012

Dangers of Alcohol Intoxication - Risks of Injuries and Death to College Students

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On college campuses across the United States including those in Florida, Georgia and South Carolina, there is a dangerous tradition of sorts that puts college students at risk for personal injuries and, in some instances, even death - excessive drinking. Even when a child enters college, there are still times when the child lacks good judgment and safety awareness. This is especially true when it comes to drinking and parties. Whether due to peer pressure or other influences, the level of alcohol consumption at a party or other event can present dangers and risks. Tragically, in some cases, the excessive drinking leads to serious personal injuries and even the deaths of college students.

In some instances, a legal case may be pursued if the party was hosted by an organization, fraternity, or other group. If it can be shown that there was negligence on the part of others that significantly contributed to the alcohol over drinking or binging, there may be a legal case to pursue on behalf of the injured college student or of the family of the college student if a death resulted from the over drinking. There may also be aggravating factors when the student was under the legal drinking age at the time of the incident.

A tragic death was recently reported of a college football player from St. Augustine, Florida. It was reported that Kyle Allen, who was attending Presbyterian College, was found unconscious in a fraternity house. The incident took place in Clinton, South Carolina. Kyle was a well liked and popular student at St. Augustine's Menendez High School where he also played football. He carried this personality and his aspirations onto college at Presbyterian College. The death of Kyle Allen will be deeply felt in St. Augustine (St Johns County), Florida, his neighborhood, the college campus, and the community. See Football Player Died of Complications Due to Alcohol Intoxication.

When a child or family member dies, the loss to the family is immense. This is especially true when the death is completely unexpected. If it is shown that negligence was a significant contributing factor to the incident or death, the family may be able to pursue a legal case to seek damages and compensation for the wrongful death of the family member. These cases can be quite complex and typically require the services of a Personal Injury Attorney for advise and legal representation regarding the myriad of issues that arises regarding these cases.

Posted On: February 7, 2012

What Are the Rights of a Special Education Student Bullied and Injured in School?

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In Florida, special education and special needs children are the unfortunate victims of bullying acts in Florida schools, day care centers, and homes. When a child suffers physical injuries and / or psychological injuries as a result of bullying acts, the parents may be able to pursue a case or claim on behalf of the injured child against the school, day care center, other facility, and / or individuals legally responsible for the injuries. When a child is enrolled in a day care center, school, or other facility, the child care facility has a duty to provide a reasonably safe environment for the child. Adequate supervision and safeguards should be put in place so that the special needs child is not subjected to the bullying acts of other children in any remote locations in the school. While a school and child care facility is not an absolute guarantor or insurer of the safety of a child, the school and child care facility should provide supervision commensurate with the needs of the children.

When a special needs child or special education child is enrolled in a school, it is important that the child has an IEP (Individualized Education Plan) for the proper education and supervision of the child. Furthermore, it is important for the parents to have and know the policies and procedures in place for a particular school. In many instances, the school board's policies and procedures as to general supervision, education, and transportation of children are posted online and / or available at the particular school for the child.

Unfortunately, many special education and special needs children are injured while under the care and supervision of a school or day care center. In some instances, the injuries were neither preventable or foreseeable; however, in many instances, the injuries were preventable with the following the of the IEP and otherwise reasonable and consistent supervision and guidance of the children.

In Tampa, Florida, an unfortunate incident was recently reported by CBS News and the Times Union Newspaper. It was reported that a middle school student was set on fire by an 11 year old student. The incident took place in the boy's restroom. The 11 year old was later charged with aggravated battery. See 11 Year Old Boy Set On Fire at School.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury. Another book is also a good resource for parents. Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents is also available for free at the Wood, Atter & Wolf Law Firm website.

Often times, it is helpful to contact a Florida Child Injury Lawyer for advice, consultation, and legal representation. These cases are handled on a contingency basis (i.e. No Recovery - No Attorney Fees). Free Consultations are available by contacting Wood, Atter & Wolf - a law firm that is On Your Side - At Your Side when a child is injured due to the negligence or fault of others.

Posted On: February 6, 2012

What If My Child Is Injured at His Grandparents' House in Florida?

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What if my child is injured at his grandmothers' house in Florida? What are the legal rights of the injured child in Florida? Children often visit their grandparents at their home. In most instances, the visit is pleasant and the children have fun spending time playing with their grandparents. Unfortunately, at times, children sustain serious personal injuries while spending time at the grandparents' home. Tragically, some children even die while under the care and supervision of the grandparents.

In most of incidents involving personal injury or death at the home of a grandparent, neighbor, or other person, the injuries are unintentional meaning that the grandparents did not intend to harm the child. As a Florida personal injury attorney, I am, from time to time, asked the question about the grandparents' liability for injuries caused under their care. It should be pointed out that grandparents and and other homeowners are not absolute insurers or guarantors of the safety of children. However, when a child is injured as a result of the negligence of a grandparent or another person, then a homeowners insurance claim or legal action can be taken on behalf of the injured child. In the State of Florida, grandparents and other extended family members do not have immunity in a civil case when injuries were caused by the negligence of the grandparents. In other words, while a grandparent or homeowner may be close to a child and a wonderful person in general, the laws of the State of Florida including statutes and case law do not extend any kind of immunity to the grandparents if an unfortunate but preventable injury takes place in the grandparents' home or while under the grandparents' care.

Like other negligent case, there needs to be an analysis of the facts and circumstances to determine if there is a viable case against the grandparent or other person who is believed to be negligent in causing the injuries to the child. These elements include the following: 1. Duty. 2. Breach of Duty. 3. Causation. and 4. Damages. When dealing with the negligence of a grandparent or other person the cases can be quite complicated and require the services of a Florida child injury lawyer to advise the parent or guardian of the child as to the respective legal rights of the child. The book titled <strong>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowners Insurance, Damages / Compensation, and other topics. This book can be obtained for free at The ABCs of Child Injury.

Some parents and people may find it completely distatseful and unacceptable to even consider pursuing a case against a grandparent when there is an unintentional, unexpected, or unforeseeable type of injury. This is perfectly understandable. Certainly the family dynamics of each potential case must be considered by both the parent, guardian, and the attorney before any kind of action or claim is pursued.

Posted On: February 5, 2012

How Do I Get a School or Day Care Center to Pay for Medical Bills Associated with a Child Injury?

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When a child is injured at a Florida school or day care center, the parent is often faced with the challenge and pressures of obtaining and paying for medial care related to the injury. For children with health insurance in place, the parents are still required to pay co-pays and deductibles. For children without health insurance, the parents must deal with the challenges and burdens. Typically, it is more difficult obtaining consistent, affordable, and geographically close medical care when a child lacks health insurance.

When a child is injured due the negligence of a school or day care center, it is importnat for the parents to retain the services of a Florida Child Personal Injury Attorney for advise, consultation, and legal representation. There are many issue that an attorney can step in and assist the parents with including but not limited to medical bills.

Many schools and day care centers have liability insurance in place that have a medical payment provision otherwise known as Med Pay coverage in place that could be utilized to pay for medical bills regardless of the fault of the day care center or school. In other words, the parents do not have to prove that the day care center school is at fault but merely must show that the accident took place at the day care center school. Student accident insurance is also available for some students enrolled in a day care center or school. Some student accident insurance policies are purchased by the parent while others are purchased by the school by the day care center school.

When a child suffers an injury at a school or day care center, the parents should find out if there is Med Pay and / or student accident insurance in place for the benefit of the injured child. It is important for the parents to consult consult with an experienced attorney to get advice as to medical bills, medical payments coverage, student accident insurance, liability insurance, and other issues.

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, automobile accidents, medical bills, damages & compensation, and other topics that parents or other concern person can obtain this book for free at The ABCs of Child Injury. The book was written by David Wolf, a child injury attorney and safety advocate. In addition to this book, Mr. Wolf is the author of the book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents. The book - Florida Day Care Center Injuries - will be available in February 2012 on the Wood, Atter & Wolf Personal Injury Website.

Since 1957, Wood, Atter & Wolf, P.A. has represented the interests of injured children and their families. At Wood, Atter & Wolf, P.A., a voice is given to injured children when they need it the most.

Posted On: February 4, 2012

Is a Settlement on Behalf of a Minor in the Best Interests of a Child?

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Is a settlement on behalf of a minor in the best interests of the child? This is important question that must be asked in every child injury case. Who gets to decide or make the determination if the settlement is in the best interests of the child? In Florida, the answer to this question is . . . "It depends." A personal injury settlement on behalf of a minor child must receive Court approval if the settlement is over a certain amount of money. Furthermore, in some cases, a Guardian Ad Litem is appointed in order to review the settlement on behalf of the minor child and issue a report to the court on the matter. Finally if the net proceeds from the minor settlement exceed $15,000 then the proceeds from the minor settlement must be put into a restricted account or placed in an annuity that pays the child injury victim a sum certain over time. Here are some of the people who may be involved with a minor settlement:

The Child. Of course, the child is the most important person in the process. All persons involved with a settlement on behalf of a minor child must focus on the best interests.

The Child Injury Attorney. The Florida Child injury attorney represents the interests of the minor child. It is the duty of the child injury attorney to make sure that the child's interests are well represented and that any settlements obtained on the minor child are in the best interests of the child. When necessary, the child injury lawyer will obtain court approval and follow other safeguards as to the minor settlement. It is important that the attorney selected by the parent or guardian to represent the child has experience and knowledge in the area child injury so that the safeguards are followed.

The Parent or Guardian. Due to the age of minority and lack of ability to pursue a legal case or claim on his or her own, a parent or guardian must be involved in the pursuit of an injury claim or a lawsuit. While a parent or guardian must be involved, the case is brought on the child's behalf.

The Judge. When court approval is required, the Judge will review the settlement documents, medical records, medical bills, and other documents and information to determine if the settlement is fair, reasonable, and in the best interest of the minor child.

The Guardian Ad Litem. The Guardian Ad Litem is appointed by the Judge in certain cases. Typically, the Guardian Ad Litem is a local attorney familiar with child injury cases and settlements. The Guardian Ad Litem has the responsibility to advocate on behalf of the minor child and make sure that the child's interests and rights are protected and honored.

The Liability Insurance Company. Most cases are settled with the payment of liability insurance payments including but not limited to automobile insurance, homeowners insurance, and / or commercial liability insurance. Most adjusters are familiar with the basic requirements for the proper settlement of a minor child's injury claim. Because of this, the proper documents and Court approval will be required by the adjuster before the funds will be released or paid by the liability insurance company.

The Annuity Company / Insurance Company. In some cases, the case is settled with the payment of an Annuity which is a one time payment in the future or a stream of payments in the future. The Annuity typically must be a guaranteed amount in order to obtain Court approval of the same.

A child injury case can be complicated for parents and guardians depending on the facts and circumstances of text. Because there are many laws and safeguards, it is often times in the best interests of the child for the parent or guardian to hiring attorney to represent the child in the personal injury case. Child injury cases are typically handled on a contingency basis. In other words, if there no recovery - there will be no attorney fees. Until the settlement funds are paid, there will be no financial obligation on the part of a parent or guardian up front on these cases and the attorney will wait to get paid from the settlement collected.

There are two books that can assist a parent trying to deal with the aftermath of a child injury. While the books are not a substitute for legal representation, the books do contain some basic information that will help educate a parent / guardian about child injury cases and claims. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Automobile Accidents, Day Car Center Injuries, Damages / Compensation, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Cases, Outdoor Facilities / Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures and other topics. This book will be available for free in February 2012 through the website for Wood, Atter & Wolf - Florida Personal Injury Attorneys.

Posted On: February 3, 2012

What Factors Are Considered in a Child Injury Case for Settlement Purposes?

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When a child is injured in an automobile accident, slip and fall accident, day care center, school, theme park, or other location, there are several factors that are considered when valuing a child injury case. It should be pointed out that each child injury case should be evaluated on its own facts and merits. Every child is different. Similarly, every personal injury claim is different. Individual attention should be given to the child's case by the Florida Personal Injury Attorney, the parent or guardian, and any other individuals involved with assisting a child with the pursuit of damages and compensation for the child injury case. The are various factors that may be considered when valuing a child injury case.

Liability (Fault). Liability refers to the cause of the incident or accident. In Florida, with the exception of a dog bite case, a plaintiff or claimant must prove that the child was injured due the fault or negligence of another person or business. In other words, a person or business failed to do something in a safe manner for the protection of the minor child or alternatively acted in a careless matter that caused the child injuries. With better care and attention, on the part of the at fault person or business, the injuries would have been avoided.

Damages. Damages refer to the losses that are sustained due to the child injuries. Damages can be classified as either Economic Damages or Non-Economic Damages.

Economic Damages. Economic damages refers to expenses that are incurred in the past or future due to the child injuries. Economic damages are expenses that can be calculated and estimated with some reasonable certainty as follows:

Past Medical Bills;
Future Medical Bills;
Past Wage Loss (when applicable);
Future Wage Loss (when applicable); and
Education / Tutoring Expenses (incurred due the injuries).

Non-Economic Damages. Unlike economic damages there is no strict formula and no set number for non-economic damages. Non-economic damages typically refer to the following:

Pain;
Suffering;
Loss of Enjoyment of Life;
Loss of Companionship; and
Loss of Services.

The value of economic and / or non-economic expenses will depend, in part on the following factors:

Age of the child;
Condition of the child prior to the incident / accident;
Permanency of the child injuries;
Severity of the child injuries;
Impact on the child's activities of daily living;
Impact on the child's cognitive abilities;
Impact on the child's education; and
Impact on the child's future income / employability.

Evaluation of a minor's personal injury case can be quite complicated and often times requires the services of a child personal injury attorney to evaluate the case and advise the parent/guardian regarding value legal options and settlement opportunities. On the issues of liability and damages, there are two books available to parents for free that contain information regarding Liability, Damages and other topics. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, Theme Park Injuries, and other topics. Get this book for free at The ABCs of Child Injury. Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Regulations, Outdoor Equipment and Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures, and other topics. This book will be released in February 2012. Visit the Wood, Atter & Wolf Website in the near future to get a free copy of this book. If you have a question or concern about a child injury and or the valuation of the same, contact a Florida child the injury lawyer for advice, consultation, and legal representation. All initial consultations are free of charge and all of these cases are handled on the contingency basis meaning that there will be no payment of fees unless there is a financial recovery for the injured child.

Posted On: February 2, 2012

What Should I Do If My Special Needs Child is Injured in a Florida School?

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In Florida, special needs children are admitted and enrolled in public schools and private schools. When a school accepts a special needs child for enrollement, the school staff and administration should be well aware of the requirements and abilities of the special needs student well advance of the child's admission into the school. Because of this, staffing and other accommodations should be arranged and coordinated in advance and put in place for the education and supervision of the special needs child. The safety of the special needs child should be given top priority. Teachers, aides, and school administrators should put in place safety precautions so that injuries are prevented or at least limited in the school setting for the special needs child.

Unfortunately, many special needs children are injured in the school setting due to improper supervision, unfafe classrooms, unsafe playground equipment, and, in some instances, due to bullying acts of other students and / or even staff members. An understanding of the special needs child education plan is vital for all staff members involved with the supervision of the child. This includes teachers, aides, administrators, cafeteria support staff, bus drivers, and other staff members.

When a special needs child is injured in the school setting, a parent is often faced with many challenges and concerns. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Playground Injuries, and other topics. A parent of a special needs child can obtain this book for free at the The ABCs of Child Injury. When a child is injured in a school setting due to the negligence of the school, the parent should contact a Florida child injury attorney for legal advice and representation.

A Florida child personal injury lawyer can assist the parent with the issues of liability, medical bills, pain, suffering, lots of enjoyment of life, and other issues that arise with respect to these legal matters. It is important that the special needs child is represented by a child injury lawyer so that compensation is obtained for these damages and actions are taken in the future so that the special needs child is better supervised and protected in the school setting.

Posted On: February 1, 2012

What Should I Do If My Special Needs Child Is Injured in a Florida Day Care Center?

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In Florida, special needs children at times suffer injuries on playgrounds located at schools, day care centers, parks, and other locations. When a special needs child suffers a personal injury in a playground, a parent is often faced with many challenges in concerns. A number of questions and issues are raised when a special needs child is injured while under the care and supervision of others.

*How was the special needs child injured?

*Could the injuries that were sustained on the playground have been avoided?

*What supervision was provided to the special needs child?

A person or facility undertaking the responsibility to supervise and provide care for a special needs child should have an understanding of the child needs and abilities. This is especially important when the special needs child is on or near a playground. Some of the equipment on the playground may be perfectly suitable for the special needs child. Depending on the child, some forms of playground equipment may be beyond the child's abilities if proper assistance or supervision is not provided. For instance, monkey bars maybe extremely difficult for a particular special-needs child to transverse. If the special needs child is using the monkey bars, it may be appropriate for that particular child to have one-to-one assistance. When a special needs child is injured on the playground, there may be a claim or legal case to pursue on the special-needs child behalf. Each case must be evaluated on its own its own merits. Just because a special needs child is injured on a playground does not mean that there is a case or claim to pursue. Whether not there is a viable legal claim to pursue should not be decided alone by the parent. A Florida child personal injury lawyer should be contacted to review the facts and circumstances of the injuries and the relevant Florida laws in place.

The book titled - <strong>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Playground Injuries, Day Care Center Injuries, School Injuries, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book will soon be available as well for parents looking for information regarding injuries to special needs children. This book is titled Florida day Care Center Injuries - Building Blocks of Knowledge for Parents. This book will be available in February 2012 to special needs parents and other parents of injured children looking for answers and information.

If there is a question about a child injury whether it involves a special needs child or another child, contact the child injury lawyers at Wood, Atter & Wolf, P.A. for advice, consultation, and legal representation. The personal injury attorneys at Wood, Atter & Wolf, P.A. have been representing special needs children and their families since 1957.

 
 
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