Articles Tagged with personal injury attorney

4_ToysIn Florida and other States, day care centers should essentially be safe havens for children. Hard working parents deserve the comfort and peace of mind knowing that a child is safe and protected in a day care center. Unfortunately, far too many children are injured in the very places (day care centers / child care centers) where the children should be otherwise in a safe learning environment. In the aftermath of a child injury at a Florida day care center, a parent is faced with many questions, challenges, and stresses. It is at this time that a Florid Child Injury Lawyer can provide some help, guidance, advice, and, when necessary, legal representation. David Wolf has over 26 years of experience. From this first day on the job as an attorney to the present day, he has spent the duration of his entire legal career to the protection and enforcement of the legal rights of children. He is the author of a number of books including the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. This book has chapters on Indoor Facilities, Outdoor Facilities, Playgrounds, Staffing, Emergency Procedures, Incident Reports, and other topics. You can get this book for free at Florida Day Care Center Injuries.

When evaluating a potential day care center case, there are four elements to establish:

1 – Duty;

Basic RGBIn the State of Florida and other States, a lawsuit must be filed on a personal injury claim or case within a certain period of time.  The statute of limitations or deadline to file will depend on the type of case, the jurisdiction, the Plaintiff, the Defendant, and possibly other factors.  For cruise ship negligence cases, the statute of limitations is often dictated by the ticket and limitations essentially agreed upon by the passenger prior to the cruise beginning.   There is also a required notice period.  Cruise ship negligence cases are generally governed by a 1 year statute of limitations and a 6 month notice period.   The cruise ship line must be notified in writing about a pending case or claim within 6 months of the incident.  Thereafter, a lawsuit must be filed within 1 year of the incident.  Compared to other types of personal injury cases, these deadlines are quite short and are at times missed.  If either deadline is missed, this can and often does lead to the waiver of important legal rights.   As such, it is important for a passenger / injury victim to immediately contact a Cruise Ship Personal Injury Attorney for advice, guidance, and, when appropriate, legal representation.
In addition to the time limits imposed by the cruise ship ticket and the applicable statutes and laws, there are other challenges to a cruise ship injury case.  An injury victim must prove that there was negligence or fault on behalf of the cruise ship line and its staff.   When a person is injured on a cruise ship, there is no automatic responsibility or liability imposed on the cruise ship line.
To pursue a personal injury case or claim on behalf of an injury victim, four elements must be established:

Car Crash and Florida Wrongful Death.001In Florida and other states, headlines are made when there is an automobile accident involving serious personal injuries or the death of a driver or passenger.  This is especially true when children and reengages are the unfortunate victims in a Florida Automobile Accident Crash.   The death of a teenager can have a ripple effect throughout the community.  In many instances, a school crisis team is put in place to provide some guidance and counseling to the other students at the school where the victim attended.  Certainly, the biggest loss is upon the parents.  It is unnatural in the scheme of things for a parent to suffer the loss of a child especially after putting in some many years of work and love to raise the child from an infant to a young adult.  When a teenager dies, so much of the promise that was there just disappears in a moment of time.  It is the moment of time in which another driver was speeding or otherwise not paying attention.  This momentarily lapse in good judgment and safe driving can and does often lead to serious personal injuries and the deaths of innocent drivers, passengers, pedestrians, and bicyclists.

Just recently, an 18 year old died in an automobile accident which took place in St. Johns County – St. Augustine, Florida near the World Golf Village area.  It was reported by a number of media outlets that Griffin Moody, who had just graduated from Allen D. Nease High School in June 2016 died as a result of this 2 vehicle crash.  The crash occurred on Murabella Parkway according to the Florida Highway Patrol.  Griffin Moody was a passenger in a 2005 Ford Focus that was being driven by another teenager.  It was also reported that five other people suffered personal injuries in this crash.

Florida has statutes in place that set forth the rules of the road.  Generally, drivers should obey the posted speed limits and yield the right of way to drivers on the roadway.  A left hand turning vehicle should yield the right of way to oncoming traffic.   All drivers should maintain control of the respective vehicles and otherwise remain attentive to traffic conditions, road conditions, and weather conditions.  Each driver has a duty to avoid a crash when he or she has the ability to do so.   It should be noted that each Florida Automobile Accident should be evaluated based on its own facts and merits. When a persona dies as result of a Florida traffic crash, the local law enforcement department and / or Florida Highway Patrol will investigate and issue a Florida Homicide Traffic Report upon completion of the investigation.  It should noted that the results or conclusions of such a report are not binding per se on insurance companies or any further potential civil cases.

Bicycle Injury Rider.001In the State of Florida and other states, bicyclists are put at risk for personal injuries.  From the simple bicycle ride of a child to a more rigorous bicycle ride by an experienced cyclist, an injury, accident, or crash could take place at any place and time.  Some bicycle injuries are quite minor in the form of a scared knee or elbow that heal quickly; however, other bicycle accident related injuries can be quite significant and change the life of the injured cyclist.  Tragically, far too many cyclists from toddlers to elementary school age children to teens to adults to seniors die every year due to the negligent driving of an operator of passenger vehicle or commercial vehicle.  Any time that a driver gets behind the wheel of a vehicle, the driver should keep in mind that on any given trip there will be pedestrians, cyclists (bicycles), and bikers (motorcycles) on the roadway.  There is a common expression or theme out there – Look Twice for Motorcycles.  This simple but powerful advice applies the same and even more to pedestrians and cyclists especially those who are children.
When a cyclist is injured or a cyclist dies as a result of the fault of a driver, the cyclist and the family of the cyclist can seek compensation for the damages (personal and property) caused by the bicycle accident  Most states have adopted a comparative fault form of liability for bicycle accidents.  In other words, even if the cyclist was partially at fault, an injury claim or case can still be pursued on behalf of the injured cyclist and / or the family of the injured cyclist.  It should be pointed out that each claim or case involving a bicycle accident or injury should be evaluated on its own merits, facts, and circumstances. It is important that the injured cyclist and family retain the services of an experienced Personal Injury Attorney to review the facts, circumstances, insurance coverages, medical bills, and medical records to determine the recommended practical and legal courses of action.
A police report detailing the details of the bicycle accident can be helpful as part of the investigation; however, it should be noted that a case or claim can be pursued on behalf of an injured bicyclist even without a bicycle accident report and even without a favorable bicycle accident report. In other words, if the police officer places some or all of the fault for a bicycle accident on the injured cyclist, a civil claim or case can still be pursued on behalf of the injured cyclist. In most instances, the police officer, deputy sheriff, and / or highway patrol trooper arrive on the scene after the bicycle accident has already taken place.  As such, the police officer is merely assessing the information as he or she processed it at the time of the crash.  In most jurisdiction, for purposes of a bicycle accident, the police officer is not given the role of insurance adjuster, judge, or jury.  In other words, the conclusions and evaluations of the police officer are not completely dispositive of a claim or case on behalf of an injured cyclist.

Beach Personal Injury.001In the State of Florida, there are beaches on both coast from Key West to Jacksonville to Tampa and across the state to Pensacola.  For most beach goers, the days are filled with wonderful scenes, the surf, and family fun.  Unfortunately for some pedestrians and beach goers, the beach is the scene of a personal injury caused by the negligence with of a driver.  Many beaches have both pedestrian traffic and vehicular traffic.  It is important for all drivers to proceed with due caution when driving on a beach because there are pedestrians, sun bathers, and, yes, teens and children in the area.  Many such incidents or accidents could be avoided with safer driving and / or more restrictions on beach driving.
During Mother’s Day Weekend – May 2016, two teens were hit by a Park Ranger with Atlantic Beach, Florida on Atlantic Beach.  The two girls were laying on the sand when they were hit by the vehicle.  With beach goers laying down, it is difficult to see them but this is all the more reason to drive extremely slow and careful when operating a motor vehicle on the beach.  First Coast News and other media outlets reported that the Park Ranger was at fault and will be issued a citation.
If a pedestrian or beach goer is struck by a vehicle while on the beach, the injured pedestrian or beach goer has legal rights to pursue compensation for medical bills, medical treatment, pain and suffering, mental anguish and the loss of the enjoyment of life.  Compensation is not necessarily automatic or guaranteed.  Each potential case should be evaluated on its own facts and merits.  It should be noted that cases or claims against government entities and its employees are handled differently by both practice and procedure.  There are formal notices that are required.  Furthermore, there are limitations of recovery on personal injury cases against government entities.  There are essentially four elements of a personal injury case:  1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages.  It should be noted that the results on ones case do not necessarily control the results on a similar case.  For instance, let’s say that a person is speeding through a school zone and hits a 6 year old waiting for the school bus.  The 6 year old suffered some minor abrasions but was otherwise fine.  This case certainly has some merit or value. Let’s change the facts a bit and say that the child suffered a broken leg, broken arm, and a serious traumatic brain injury.  While the circumstances surrounding the pedestrian accident were similar, the injuries and value are quite different.

Vehicle - Large SUV OrangeHit and run accidents are unfortunately part of every community. There are drivers who carelessly cause accidents and injuries to pedestrians, bicyclists, and occupants of other vehicles and then simply flee the scene.  Some are caught in the act or thereafter. Others are never located.  For those who are located, there can be both criminal and civil law consequences to these actions.   For many of these hit and run accidents, the at-fault driver lacks insurance OR lacks good insurance to cover the accident related personal injuries, bills, and damages.  If there is no insurance or just minimal insurance, there are other sources of compensation to accident / injury victims in the State of Florida as follows:
Victim of Crimes Compensation Fund.  An injury victim can claim up to $10,000 through a fund set up through the State of Florida. The process can be started through the local sheriff’s office or the local state attorney’s office. 
PIP (Personal Injury Protection).   The injury victim can utilize available PIP benefits under a vehicle owned by the victim or owned by a resident relative of a victim.   If a parent has an automobile insurance policy, the medical bills for the injured child can be processed under the parents’ PIP insurance policy even if the child was injured as  pedestrian or a bicyclist.

 medical-ambulance-elements-glossy-icon_MyJuphUOIn Florida and the rest of the United States, there are parades and celebrations throughout the year an especially in the months of November and December 2014.  Most parades are wonderful events to participate in and watch; however, at times, these same parades can be the cite of just horrible accidents and incidents leading to serious personal injuires and, in some instances, the tragic death of a child.  As unusual as it may seem, there have been a number of reports of these incidents throughout the years.  Some result due to a lack of safety precautions and some are just “freak” or “unforeseeable” events.  While incidents or accidents that take place during a parade or near a parade are not as common as automobile accidents, the same elements are required to pursue a claim or case for accident related injuries on behalf of the injured child as follows:
1.  Duty.  This refers to to the duty to act in a reasonably safe manner.  For parade events, this includes insuring that equipment, vehicles, and floats are well maintained and in good working order.  This also includes the duty to operate the equipment, vehicles, and floats in a reasonably safe manner.
2. Breach of Duty. This refers to the breach of the aforementioned duties.  This can include the negligent actions or the negligent inactions of the allegedly at fault party, person, or entity.