Florida Child Injury Lawyer Blog

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.

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.

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.

In Florida, a school bus should be a safe haven for children being transported to and from school as well as sporting events and field trips. Unfortunately, many children are injured on Florida school buses. In Ocala, Florida, it was reported that a 13 year old girl
was attacked on a school bus by other students. Deputies from the Marion County Sheriff's Office was sent to the scene. The school bus driver drover the children to Marion Oaks Elementary School following the school bus fight / school bus altercation. It was reported that the 13 year old beating victim suffered a concussion, muscle spasms, and bruising as a result of the attack on the school bus. According to witness statements, the incident started when some shoes were thrown on the bus. As a result of this incident, seven students were arrested. See Seven Children Arrested Following School Bus Fight - Marion County, Florida.

When a child is injured at school or during a school supervised event or outing, the school is not automatically liable for the injuries resulting from the incident or accident. Generally, there are four elements required for a case or claim to be pursued against a school - whether public or private:

1. Duty. This refers to the duties of the school bus driver and / or school bus attendant. The school bus should be driven in a safe manner. Furthermore, the school bus driver and school bus attendant should follows rules and procedures as to supervision and discipline on the bus.

2. Breach of Duty. This refers to the actions or inactions by the school staff that failed to follow a law, policy, procedure, or reasonable precautions as to the supervision and safety of the children.

3. Causation. This refers to to the link between the breach of duty and the damages.

4. Damages. This refers to the injuries, pain and suffering, and expenses / bills related to the incident or accident.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, and other topics. See The ABCs of Child Injury.

In Florida, millions of students are transported to and from school in school buses. It is important for school bus drivers to drive with the utmost caution and obey all local and State traffic rules, regulations, and laws. Furthermore, it is important for those driving near school buses to drive with the utmost of caution. It is important for other drivers to stop and slow down when necessary in or near school bus stop areas and schools.

In Manatee County, Florida, a school bus accident recently took place. It was reported that the Florida school bus driver was distracted and took his eyes off the road and his driving at hand for a moment. That particular moment was enough to cause a school bus accident in whch students suffered personal injuries as a result of a rear end crash with an 18-wheel truck. The distraction may have been caused by unruly students who were acting up on the school bus. See Manatee County School Bus Accident - Personal Injuries to Students.

When a child suffers a personal injury, a parent is often faced with a number of issues, challenges, and questions. Who is responsible for the personal injuries of the child? Who is going to pay for the medical bills? Where should I take my child for follow up medical care? What if I do not have any health insurance for my child? Where can I find an attorney / lawyer to represent my child on this Florida personal injury claim / case?

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 Bills / Medical Treatment, Damages / Compensation, and other topics. You can receive this book for free at The ABCs of Child Injury.

When there is a Florida automobile accident or a Florida school bus accident, there are certain traffic laws, rules, and regulations that involve the particular accident. See Florida Traffic Rules, Regulations, and Laws - Frequently Asked Questions.

In Florida and other states, school bus drivers and school bus aides have a duty to supervise children prior to, during, and after transportation runs. Because of the risks and dangers of leaving a child unattended on a school bus or day care center bus / van, it is vital that bus drivers and aides carefully maintain check lists and follow procedures for the loading and unloading of children when transporting children to and from school day care and when transporting children on field trips.

The failure to unload children off of a school bus or day care center van puts the child in danger. Furthermore, whether there are injuries or not, the failure to unload a child from a school bus or day care center van can result in employment probation / suspension and even arrest / criminal prosecution. In Tampa (Hillsborough County), it was reported in December 2011 that a school bus driver and aide were terminated from employment when a 3 year old child was left on a school bus. The school bus aide was arrested on child neglect charges regarding the incident. It was reported that the child did not suffer physical personal injuries as a result of the incident. The child was left on the bus strapped into her seatbelt for over 5 years. See Florida School Aide Arrested After Being Left on School Bus. Since the incident happened in December 2011 and the weather was mild, no injuries resulted. If the incident had taken place during the summer months, the result may have been quite different in that the child may have been at risk for hyperthermia.

A simple checklist can avoid the oversight and neglect involved with leaving a small child unattended on a school bus or day care center van. Attendance / roll call should be consistently taken to ensure the health, safety, and welfare of children being transported by day care centers and schools. 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, Damages / Compensation, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

Following the recent death of Robert Champion and the recent reports of other hazing incidents, FAMU had plans to review the anti-Hazing rules in place for the university. This review has been postponed at this time. FAMU and investigators have their hands full investigating the circumstances surroundind the death of Robert Champion. Furthermore, investigators and university officials are also busy fielding other complaints and reports of hazing involving the FAMU Marching 100. Following the death of Robert Champion, it was reported by the Associated Press thatt four students were dismissed from FAMU but details were not released as the reasons or circumstances involving the dismissal of these FAMU students. See FAMU Postpones Review of Anti-Hazing Rules.

Hazing unfortunately had a tradition at FAMU. It is also seen at other college bands, teams, fraternities, and clubs. Hazing typically involving physical and mental abuse of a recruit or applicant. Good judgment is lacking in many acts of hazing and the hazing results in serious personal injury, mental anguish, and, in some cases, death.

In Florida, suing a public entity like FAMU is not so simple. FAMU and other governmental entities are entitled to the protection of Florida Statutes applicable to Sovereign Immunity. Sovereign Immunity applies to government agencies including public schools and colleges. A public entity in the State of Florida can be sued and help accountable for acts of negligence and carelessness; however, any such claims and lawsuits are subject to certain notice requirements and limitations on damages as set forth in the Florida Statutes - namely Section 768.28, Florida Statutes.

The Florida A & M University may be facing a lawsuit in the future once the 6 month notice period runs. The family and its attorney alleges that the death of a band member (Robert Champion) was caused by the negligence of the school and its officials for allowing an environment of hazing to take place. An autopsy has been performed but, according to news reports to date, the autopsy results have been inconclusive. Time will tell how this legal case will be concluded. Will there be a settlement for the wrongful death of Robert Champion? Will there be a trial? What proof will be required on a case of this nature? What evidence will be obtained? Who will testify? What did the officials and band employees know about acts of Hazing? What was the exact timeline of Robert Champion's illness and ultimate death? Was the death preventable? These are all important issues and questions for a case of this nature. See FAMU Culture of Hazing - FAMU Will Be Sued for Hazing.

In Florida and other States, hazing related acts can be considered crimes punishable by fines and imprisonment. Hazing can lead to serious personal injuries and, in some instances, death. Unfortunately, for some teams and band programs at high schools and colleges, hazing is seen as a tradition or a rite of passage. There is certainly no justification or excuse whatsoever for hazing acts even if there is a tradition or history behind the acts. Florida A & M University is a college located in Tallahassee (Leon County) Florida. The Florida A & M Rattlers are well know for the Marching 100 Band Program. It is a great acomplishment to be selected to this band program and to be part of the magic of the band's performances. Recently, Robert Champion, age 26, became ill and died. Robert was a band major with the Florida A & M Band Program. The death of this band member may have been related to hazing related activities. See FAMU Band Leader Drummed Out in Wake of Hazing Related Incident.

The administrators and band directors and assistants at FAMU had a duty to supervise the program in a way that provided a safe environment for the band members. Hazing activities are often well known to current and past band members and their parents. It is also well known in many instances to the very officials and administrators running the program. Hazing is hazing. Some people may be inclined to refer to hazing as horse-play, fooling around, kids being kids, etc Again, it should be pointed out that hazing is hazing. Plain and Simple! This is especially true when children and college students are put at risks of humiliation, mental suffering, physical personal injuries, and, sadly, in some instances death.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on School Injuries, Damages / Compensations, Medical Bills / Medical Treatment, and other issues. A parent or other interested person can receive this Free Book at Free Personal Injury Resource Book for Parents.

The Jacksonville Jewish Community Alliance is a wonderful place that serves many individuals and families in the Jacksonville, Florida area. The Michele Block - Gan Yeladim (Hebrew for “Garden of Children”) has one of best programs in North Florida. From the age of 2 through Kindergarten, students are provided with a safe and nurturing educational environment. How do I know this? I know this because both of our children attended school at Gan Yeladim and truly benefited from everything the school and its wonderful staff had to offer. I remember when our son was enrolled in the school. Most nights, we would read a story or two to our son. I remember one night when he said, "Hey Dad, want me to read you a story?" I was left pleasantly surprised to find out that he could read. Before this wonderful discovery of mine, I guess he kept his reading abilities quiet for awhile but once he started to read to us - he never stopped. The JCA and its wonderful school brought this surprise to us . . . Teaching a child to read at such a young age is a gift that will be carried through for a lifetime. Now any time my son says, "Hey Dad, you want me to read you a story?" I gladly accept the offer. I am no longer surprised that he can read or how well he can read; however, I am still in awe with the JCA Gan Yeladim Pre-School / Kindergarten and everything it did for my son. For more information about the JCA - go to the Official Website for the Jacksonville Jewish Community Alliance.

In Florida and in other states, there is a problem with bullying in day care centers, schools, playgrounds and other locations. Unfortunately, the extent of bullyinng has even reached the youngest of children in a social or school setting.
Because bullying can be present even with the youngest of children, age, it is helpful to teach children right from wrong, good from bad, and acceptable behavior versus unacceptable behavior. Sesame Street is a long time running children show that first aired on PBS in the 1960s. The CNN Website recently posted a story about a Sesame Street video on the subject of bullying. This educational video teaches children that bullying is wrong and how to handle or respond to the taunts, teases, and bad acts of a bully.

Unfortunately, children suffer personal injuries, both emotionally and physically as a result of bullying in day care centers, preschools, elementary schools, middle schools, and high schools. Many bullying incidents could've been prevented with more hands-on supervision and intervention by parents teachers, coaches and other school officials. Do your part by teaching your children about the dangers and problems with bullying. Don't tolerate bullying.

In Jacksonville, Duvall County, Florida and other locations throughout the United States, there is a problem with motorist ignoring stops school buses. In Florida, it is the law that a driver must stop when a school bus is stopped with flashing red lights activated and stop signs extended. Unfortunately, Florida drivers tend to ignore these flashing red lights and stop signs and drive right pass stopped school buses. The Florida times Union website recently reported a news story on this problem. It is estimated that almost 2,000,000 incidents (that's right Two Million incidents) take place every year involving a driver who ignores stopped school bus and drives past the school bus. In Florida, a driver can be find up to $500 for this driving violation or this traffic citation. It is important for the safety of children that all drivers be on the lookout for school buses whether stopped or not. Unfortunately, many such incidents have resulted in serious personal injuries to children. Many of these Florida pedestrian accidents / automobile accidents would have been avoided if the driver has stopped and obeyed Florida traffic rules and regulations pertaining to school buses. For more information on this topic see Drivers Frequently Ignore Stop School Buses in Jacksonville Florida in other cities.

The Winning Kids Club is an organization that was founded and is operated by Gail Ghigna Hallas. The organization is based in Lehigh Acres, Florida. This non-profit organization offers classes in creative writing, guitar, Braille Literacy and tactile art for sighted and blind children in Lee County, Florida. Gail works with children with the help of Paxton - a helpful and resourceful St. Bernard dog weighing in a 165 pounds.

Organizations like the Winning Kids Clubs make a difference in a child's life, school, and community. Hats off to Gail Ghigna Hallas, Paxton, and all others who make the world a better place. See Winning Kids Clubs Visit Lee County, Florida School.

In Jacksonville, Florida, a high school athlete lost his life while playing baseball. The incident took place at a baseball practice for the Ribault High School baseball team. Gregory Green, age 17, was hit in the head by a baseball during batting practice for the high school baseball team. It was reported by the Jacksonville Times Union website / newspaper that Gregory was standing behind a screen during practice. The news report did not mention whether or not Gregory was wearing a helmet while pitching practice that day. Gregory tried to avoid getting hit by the ball but it was difficult in that the ball hit the screen's metal frame and then struck Gregory in the head. It was a most unfortunate and tragic head injury that took place during baseball practice.

Gregory Green was a role model for his peers, school, family, and community. In addition to playing baseball, he was a member of the Marine Corps ROTC Ribault High School program. He also had a 4.0 GPA (Grade Point Average). Gregory certainly had a bright future ahead of him. You can read more about this story at High School Baseball Player Struck in Head by Baseball During Practice - Ribault High School.

Continue reading "Baseball Sports Injury in Jacksonville Florida Causes Death of Ribault High School Athlete (Gregory Green)" »

In Florida and other States, it is vital that all drivers exercise due caution and safe driving when driving near a Florida school bus. It is well known that Florida school buses make frequent stops. Furthermore, where there are school buses - there are usually children. Slow down and pay attention to the location of a Florida school bus. The few extra seconds that a driver takes to slow down or stop can make the difference between the life and death of a child. Tragically, in Kissimmee, Florida, a 13 year old was hit by a vehicle in the location near Wellington Woods Circle and Carroll Street. See Child Struck by Vehicle in Kissimmee Florida. It was reported in the Orlando Sentinel that the driver of the vehicle failed to stop for the school bus.

For the safety of school children, it is vital that all drivers obey the various Florida Traffic Rules and Regulations pertaining to driving near school buses. Furthermore, drivers should use their common sense of safety and just slow down. This applies to all areas where children walk, ride their bicycles, and play. You can about the various laws pertaining to school buses and other rules of the road at Florida Traffic Laws and Regulations.

A 16 year old Flagler County student was arrested and charged with battery after he fought with a student inside Matanzas High School. This is a felony charge. The 16 year old is also accused of assaulting a school resource officer who was trying to break up the in school fight.

As a result of this school altercation, the Flagler County Sheriff's Office and the Flagler County School officials are considering allowing school resource officers to carry Tasers. Flagler County Resource Officers do carry guns and pepper spray.

The use of tasers in schools has been a topic for debate for several years. Many professionals believe that there are still too many questions about the effects of taser use on children. Law enforcement officers do not believe that there is any extra risk in using tasers on children. School resource officers believe that tasers can be useful in helping to restrain an unruly student. Officials claim there have been very few incidents where a taser has been used as a result of officer poor judgment. With proper training police and law enforcement agencies believe the use of tasers in schools is a safe and effective method for subduing unruly and out of control students. For more information see, Flagler County Officials Consider Use of Tasers by School Deputies in Schools.

Boca Raton, Florida police officers lift car and save a child trapped underneath the car. Quick thinking and some old fashioned man power saved this child and the family of the child is certainly very thankful for the action. The life saving actions were captured on the dash camera of one of the police vehicles. You can view the video at Boca Police Lift Car to Save a Child.

The incident took place at Verde Elementary School in Boca Raton, Florida. School zones can be dangerous areas for children. Especially during morning drop off and afternoon pick up, there are hundreds of children in any given school walking or riding their bicycles. Drivers should do their best to drive slowly and carefully in or near any school zone. It is well known that children lack good judgment and often times walk too close to vehicles or other dangers. That is why it is so important for drivers to slow down and look out for children in and near school zones.

Many schools and communities are blessed with brave and quick thinking officers like the one who lifted the vehicle at Vedre Elementary School.

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, Damages / Compensation, and other topics. You can get a free copy of this book at Free Book Offer for Parents of Injured Children.

Unfortunately, in Jacksonville (Duval County), Florida and other cities, teachers, tutors, babysitters, day care providers, and others entrusted with the supervision of a child abuse the very children under their care. The health, safety, and welfare of a child should be paramount to everything else. The Florida Times Union (www.jacksonville.com) reported that a former 5th grade teacher (Kristina Hartless) recently plead guilty to having sex or unlawful contact with a minor who she was tutoring in math and who she counseled at church. See Former Jacksonville Teacher Pleads Guilty in Sex Case with Student.

Ms. Hartless will spend 13 months in Florida State Prison and then be on probation for another five years. It is amazing that a teacher, who spent years training for the job and years on the job, would abuse her position of trust in such a disturbing and criminal manner.

Section 402.305 of the Florida Statutes 402.305 sec. 13, sets forth the requirements regarding the plan of activities that each Florida Day Care Center is required to provide for their children. Minimum standards ensure that each Florida Day Care Center has a written daily provision of active and quiet activities appropriate to the age of the child. Implementing these standards according to age helps in preventing physical and mental abuse of the children.

It is well known that a child's first few years are very important towards their brain development. At three-years-old, a child's brain is operating at twice the speed of an adult's brain. This is why it is extremely important for daycares and other child care services to make sure they have a strong and detailed plan in place to assist children with this process. Activities like playing outside and interacting with other children can help improve a child's foundation for learning language and developing proper motor skills. It is also important to allow them to participate in inside activities such as puzzles and coloring books to help enhance all areas of the brain at such a delicate age.

Even with a good plan in place, Florida Day Care Centers can still lose sight of the most valuable things that a child needs at this age such as loving care and new experiences. Talking, singing, playing and reading are some of the key activities that build a child's brain.

To learn more please see, Understanding Brain Development in Young Children.

In Florida and other warm weather States, there is a significant risk of hyperthermia, heat exhaustion, and heat stroke when a child being left in a vehicle when the weather is hot. Hyperthermia, more commonly known as heat stroke, is a condition that occurs when a person's body temperature temperatures elevates significantly. In instances where body temperatures are dangerously high, medical attention is required to prevent disability or death. Because of these dangers and risks to children, Palm Beach County commissioners unanimously approved new requirements for child care centers: specifically, centers must provide mandatory alarms on vans or other vehicles that transport children. The vote came one-year after the death of 2-year-old Haile Brockington; Haile died as a result of being left in a hot van all day, the van belonged to Katie's Kids of Delray Beach, Florida. Children's Services Council is providing $100,000 of funding toward the ordinance, the alarms cost between $250 and $400. For more details please read Palm Beach County, Florida, passes new ordinance to require alarms in day care vans.

Florida child care centers have a duty to provide quality care to the children under the center's care. This duty includes ensuring a child is not left inside an automobile. Temperatures inside vehicles can be significantly higher from the temperatures outside, as must as a twenty degree difference in severe conditions. A child's body is not fully developed and does not have the capability to adapt to these deadly conditions. The new changes in Palm Beach County show a trend in advocating for quality child care and safety.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.