Articles Tagged with compensation

medical_1000006509-120613intDuring the summer time and other parts of the year in Florida, it is common to see children especially toddlers on bicycles and riding toys on or near driveways.   A good question is the following:
What riding toys are dangerous on or near driveways?
The answer to this question may surprise you.  The answer is all of the riding toys are dangerous.   This is because there are risks of personal injuries to any child on a riding toy or bicycle on or near the driveway.   Let’s say an example to discuss.  A 4 year old child is riding his three wheel cycle on the drivveway.  Like many such toys, this three wheeler is low to the ground and below the vision of most drivers.   While there are backup cameras in many newer model vehicles, a child riding a low three wheeler can often times be missed by a driver who is backing out of of driveway or driving into a driveway.   Also, children lack good safety judgment.   A 4 year old who is not being supervised can easily ride right into the street and into traffic.  This can, in turn, lead to serious personal injuries to the child.  Here are some safety tips to keep in mind:

Streets and Highways Accidents Interstate 95Summer is a great time for fun.  For many children enrolled in summer camps in Florida, camp includes many fun field trips.  It is a wonderful time for adventure and exploration.   Unfortunately for some children, a summer field trip can end in a terrible way and can even end before it even begins for gets anywhere.  A recent Florida school bus field trip accident was report in Jacksonville on Interstate 95. It was reported that two buses carrying children enrolled in the Naval Air Station Youth Activity Center summer camp were heading out for a nice field trip to Jacksonville Zoo when the crash took place.   The accident occurred near Downtown Jacksonville at the Eighth Street overpass.  Just prior to the crash, one bus was following another bus.  There were several reported injuries with three adults and three children being transported to UF Health Jacksonville and Baptist Medical Center.
When a child is injured during a school bus ride or field trip, there can be a case or claim pursued on behalf of the injured child.  Like other cases, there are essentially four elements to the legal case:
1. Duty;

Personal Injury ClaimsPlaygrounds are places where children can explore and interact with their friends. On most days and for most children, a playground is a wonderful for a child to be active and use his or her imagination while having fun with friends.  . Unfortunately for some children, a playground can be the site of a serious personal injury. If the injury results from the improper maintenance of the playground AND / OR the improper supervision by child care provider, friend,  neighbor, or relative, there could be a plate case or claim pursued on behalf of the injured child.As a Florida Child Injury Lawyer handling cases throughout the State Florida, the issue of damages is present in every case.  Essentially, what is a case worth? What should the settlement value be?  Should the case proceed to trial?  These are excellent and common questions.
It should be noted that thereare essentially two parts of each personal injury case whether the incident involves a playground injury, day care center abuse / neglect, or an automobile accident.  The two major parts of each personal injury cases on behalf of the injured are as follows:
1. Liability; and

Happy little girl looking at camera while swinging on playground area

Playground Injuries

During the summer months and the rest of the year, children enjoy the fun and adventure of spending time on a playground.  Whether it is at the day care center, school, summer camp, or public park, a playground can provide hours of entertainment and activity for children – especially toddlers and pre-schools. Of course, elementary aged children also enjoy going to the playground but as they grow older – the playground loses some of its luster to these children.   For the children who still love to go to the playground, there is great fun but also a risk of injury any time that a child spends time on a playground.

During the summer months, a child can get injured on a playground in a number of ways. One such way is being burned by the hot ground or hot playground equipment.  While a playground owner / operator / supervision cannot do much about the weather, safety precautions can be taken on the playground itself by making the sure that the equipment is made with materials and coating that protects the children and that the ground cover is made of materials that also protect the children in a reasonable manner. 

Ambulance on Blue BackgroundFlorida roads, highways, and streets are far too often the locations of tragic automobile and trucking accidents.  Whenever there is a death on Florida roadways, the lives of surviving family members, friends, and neighbors are forever changed. There is a certain ripple effect from the death of even one person who untimely dies as a result of the careless driving of another person.   In Green Cove Springs (Clay County), Florida, there was a tragic accident reported in which 5 people died and 2 children were injured.  The Florida Highway Patrol reported that one driver drove over the double yellow lines and into the right of way of the there driver.  A fatal head on accident resulted with just tragic results. You can read more about this story at Fatal Accident Reported in Green Cove Springs, Florida. 
When a death is caused by the negligence or fault of another person, entity, or business in Florida, a wrongful death case can be pursued under Chapter 768, Florida Statutes.  It should be noted that when a person dies in the State of Florida, the civil lawsuit focuses on the loss, pain, and suffering on the surviving family member which may include a parent, child, or both.   Certainly, a person who dies as a result of an accident may have suffered extreme pain prior to death. There may have been an extended hospitalization leading to death.  However, once the person dies, the type of case that is pursued is a Florida Wrongful Death case assuming that the death was proximately caused by the trauma from the automobile accident or trucking accident. 
There are many twists and turns to the pursuit of a Florida Wrongful Death Case.  Because of this, it makes sense for family members to consult a Florida Personal Injury Attorney for advice, consultation, and legal representation.  The book titled – When a Parent’s World Goes From Full to Empty – The Wrongful Death of a Child – What You Need to Know About the Florida Wrongful Death Act.  The book has sections on Personal Representative, Settlement / Compensation, Damages, and other topics. You can get this book for free at From Full to Empty