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Pedestrian Dangers in Florida.

Sun, 01 Dec 2024 14:41:07 GMT

The roads in Miami and throughout Florida can be deadly, especially for those who are not protected by a vehicle of their own. Namely, that includes pedestrians, bicyclists and motorcyclists. Given the way people are driving with reckless abandon and flouting the law and fundamentals for safety, it is no surprise that accidents with injuries and death are on the uptick. To try and improve safety, the Florida Highway Patrol is emphasizing pedestrians and keeping them safe in a new campaign.

Pedestrian fatality statistics are worrisome.

In 2021, Florida had more than 9,550 auto-pedestrian accidents. This was 17% higher than there were in 2020. In addition, 847 people lost their lives in a pedestrian crash. This too was 17% higher than the prior year. The increase spurred action from law enforcement with reminders on how to remain safe and take reasonable precautions.

Among the reminders were making sure to walk on sidewalks, wear clothing that makes them clearly visible and to be attentive. For drivers, yielding to pedestrians when they have the right of way was imperative. Despite these entreaties, there are other problems that pedestrians may be confronted with when they are taking to the road. Among them are distracted driving, speeding, drivers who are under the influence and drowsy drivers.

Pedestrians hurt in auto accidents must remember their rights.

Although greater vigilance can help reduce the number of auto accidents and some drivers will heed law enforcement warnings as to how much damage they can do when they crash into a pedestrian, others will not. This is especially true in busy areas of the Sunshine State like in Miami where accidents can happen without warning.

A person who is simply heading to work could find themselves hospitalized with catastrophic injuries, enormous medical bills and an uncertainty as to when or if they will be able to get back on the job and earn an income. This can negatively impact them and their family.

It is important to remember that there are options to recover compensation. It is also wise to know that insurance companies offer settlements that are in their own interests in keeping costs down and this might not cover for all expenses and loss. After a crash, calling experienced professionals who understand all areas of auto accidents – particularly those involving pedestrians – is useful to know what to do.

What are the typical injuries for restaurant employees?

Fri, 01 Nov 2024 14:41:07 GMT

Restaurants are usually a high-activity, crowded and stressful work environment. Hot stoves, sharp objects and slippery floors are among the conditions that lead to work-related injuries. The most common injuries for restaurant workers , which could underlie claims for workers’ compensation , include:

Wounds from cuts, punctures and scrapes

Hot surface or oil burns.
Muscle strains caused by slips and falls, repetitive motions, standing in the same area for long time periods and lifting heavy objects.

Slips and strains are the greatest restaurant injury risk and caused the most missed days of work. Employees who fell and injured several body parts or strained wrists or hands while carrying objects were among the workers who were likely to miss the most work.

Wrist and hand injuries caused the most time missed. These injured employees averaged 265 daily absences. Missed days from burn injuries, however, are not far behind.

Slip and falls

Employers can take many steps to prevent restaurant injuries. First, keeping floors clean is a simple method to reduce injuries. Management should schedule walk-throughs to assure that spills are cleaned up and housekeeping tasks are completed.

Also, floors should be deep cleaned occasionally to keep them sufficiently degreased. Anti-slip flooring in kitchen and food preparation areas may reduce slips and falls. Installation and upkeep of non-slip rubber mats or rugs near sinks, preparation and beverage doorways and other high-risk areas may prevent accidents. Non-slip shoes for restaurant workers are also an important precaution.

Restaurant workers are also prone to tripping accidents because it is difficult to see clutter while carrying food and drink trays in high traffic areas. Restaurants should tuck away cords, hoses, boxes, buckets, trash, tray stands, chairs and other obstacles.

Burns

To prevent burns, workers should wear the proper attire. Splatter shields or gauntlets are needed when frying and oven mitts need to be used when handling hot pots and pans. Workers must avoid carrying large food stockpots. Fryer oils have to be changed frequently.

Repetition

Workers engaged in repetitive tasks for long time periods can strain muscles and suffer fatigue and soreness. Restaurants should spread out food chopping and other repetitive tasks throughout the day and permit workers to take frequent breaks for these duties. Ergonomic workstations and stretching muscles can prevent discomfort.

Employees must also learn proper methods for lifting and carrying bulky and heavy items. Two people should lift any object over 50 pounds. Hand trucks and dollies are needed for very heavy objects.

Recent videos show car accident that killed 5 people.

Mon, 19 Aug 2024 14:41:07 GMT

Videos were recently released of an accident involving a car going the wrong way on the Palmetto Expressway in Miami. The accident occurred in late August and resulted in the deaths of five young people.

After getting onto the expressway, the driver of an Infiniti sped past several vehicles going in the opposite direction before colliding directly with another car. The driver’s car then flew over several lanes before smashing into a guardrail.

Speed and alcohol were factors in the crash.

All five drivers in the car that was hit were killed. It is estimated that the Infiniti driver was driving approximately 80 mph at the time of the accident. He was also driving while drunk.

The Infiniti driver is facing five counts of vehicular manslaughter — one for each victim — and a charge of DUI manslaughter. His blood alcohol level was measured at 0.152%, which is well over Florida’s legal limit.

Car accidents caused by negligent drivers injure and take the lives of many Florida residents each year. Most car accidents are caused by some form of negligence.

What is negligence?

All drivers have a legal duty to drive safely and reasonably. When a driver does not drive safely and reasonably, and they cause an accident, they are negligent.

If you are injured in a car accident , you might face many problems. You may have serious injuries that cause you to miss work or even lose your job. You may receive medical bills for amounts that you are unable to pay.

Not all car accident injuries are physical. Many victims suffer years of mental and emotional stress, reliving the frightening moments of the accident.

Your options after an accident.

Through a personal injury claim, you could receive compensation for both your physical and mental damages after a car accident. Proving negligence in court is a challenge, and the court looks at many different factors.

An experienced personal injury attorney can help you file a claim and fight for compensation.

Which doctor can I see if I’m injured on the job?

Mon, 01 Jul 2024 14:41:07 GMT

Your job duties may involve a lot of physical labor that leaves you vulnerable to on-the-job injuries. Whether it is a back injury caused by heavy lifting or an accident with heavy machinery, there may come a time when a workplace injury leaves you unable to work and in need of medical care.

You may have heard that workers’ compensation benefits are available in such situations. These benefits can cover the costs of your medical treatment and, in some cases, compensate you for the time you are unable to return to work. Your first instinct may be to see your own doctor for this care, but are you allowed to do so and still be eligible for workers’ compensation?

Who can I seek treatment from if I’m injured at work?

If you are seeking workers’ compensation benefits you must see an authorized physician f or your medical care. This is a physician authorized by your employer and their insurance carrier for the treatment of on-the-job injuries.

If you are injured while at work, you should let your employer know of the injury as soon as possible. Your employer will let you know which doctor to seek your initial treatment from. Your employer’s insurance carrier will then advise you on which doctor to seek follow-up care from. If your injury lands you in the emergency room, make sure to give them your employer’s contact information.

You do not want to initially see your own primary care provider if you are injured at work. Doing so could jeopardize your eligibility for workers’ compensation benefits. Any physician you see must be authorized by your employer or their insurance carrier.

Seek treatment from an authorized physician.

One of the primary benefits of workers’ compensation is the payment of medical care . However, you may be limited in which physicians you see. Your primary care provider may not be authorized by your employer or their insurance carrier. Ensuring you see the correct physician is key to ensuring you can collect workers’ compensation benefits.

Understanding key factors about construction worker fall.

kyle.taylor@levitateapp.com (Kyle Taylor) — Wed, 19 Jun 2024 14:41:07 GMT

Understanding key factors about construction worker fall

In Florida, many people earn a living working in construction. The work is plentiful and lucrative. Still, there are inherent dangers with this type of work. Trusting co-workers, being around heavy equipment, using difficult tools and being high off the ground are just some of the challenges that must be considered when on a construction site.

Falls are the cause of a significant number of catastrophic injuries and death. A recent survey highlighted just how many problematic falls are and why construction workers think they happen. This information could be important not just for safety and avoiding accidents but when there is an accident and a worker is seeking workers’ compensation benefits.

Survey suggests why construction falls happen

The American Society of Safety Professionals (ASSP) and the Center for Construction Research and Training oversaw a survey to analyze falls on construction sites. According to the analysis, there are six key reasons why falls occur.

More than 27% of respondents asserted that there was a failure to do the right type of planning or the plans that were crafted were ineffective and put workers at risk of falling. This is connected to workers not having the right safety equipment to prevent falls. If employers did not adequately plan for the job, workers were 71% less likely to have fall prevention equipment.

Almost 49% of those who took part in the survey said there was no fall protection of any kind when falls happened. The employers were deemed responsible for the workplace culture dedicated to safety. If safety was a priority and fall prevention a focus, the likelihood of workers using fall safety equipment was multiplied by eight.

If workers are educated in rescues after a fall, the chance of a fatality from a fall was reduced by more than three-quarters. Subcontractors were the most egregious violators of safety practices. A subcontractor employee had almost triple the chance of a fall-related fatality than workers employed by a general contractor.

Workers’ compensation claims after a construction accident may require help

Construction workers who are on a jobsite in any capacity should be fully aware of their rights if they are injured. Workers’ compensation benefits can cover for lost wages, medical expenses, vocational rehabilitation and more. The process can be complicated and maximizing benefits might be challenging. The insurer could deny the claim or there could be other obstacles to maximizing benefits. For advice with pursuing a claim after a construction fall or any other workplace injury, having professional representation is imperative.

Sleep apnea and commercial trucks: a dangerous combination.

Sun, 19 May 2024 14:41:07 GMT

Sleep apnea and commercial trucks: a dangerous combination

We all know that traffic accidents can happen virtually anytime. We do what we can to avoid them, by paying attention and driving safely, but there’s not much you can do about other drivers. Commercial trucks can be particularly dangerous due to their size and it may not be inattention that causes the accident.

What is sleep apnea?

Sleep apnea is a medical disorder that interferes with a person’s ability to sleep. Throughout any given night, someone afflicted with sleep apnea may have their sleep interrupted as many as 400 times. This occurs because their breathing pauses uncontrollably, for as much as 10 seconds at a time.

It’s estimated that nearly a third of commercial truck drivers may suffer from sleep apnea – many of whom may be undiagnosed and untreated. If it’s not properly treated, the result is insufficient sleep and a lack of quality sleep. This then leads to drowsy driving, poor attention at the wheel and slower reaction times.

There’s more to it than the driver

When a commercial truck driver is negligent and injures you in an accident, it’s easy to lay the blame squarely on their shoulders. After all, if they suffer from sleep apnea, it is their responsibility to ensure they are safe to drive before they get behind the wheel. But the company they work for can also play a role, requiring the driver to work long hours and failing to give them sufficient time to rest.

In order to hold those responsible accountable for your injuries, a personal injury lawsuit may be your best option. But it will require the assistance of an attorney who is experienced in commercial trucking accidents to investigate the accident – discovering the underlying cause and who holds the blame for your suffering.

Can you sue a bar after being injured by a drunk driver?

Fri, 19 Apr 2024 14:41:07 GMT

Can you sue a bar after being injured by a drunk driver?

Recovering from a serious car accident can take time, effort, and a lot of money. You might be forced to endure a significant amount of pain and suffering, too, which can be completely overwhelming. You might be left struggling to figure out how to provide for your family, secure the medical treatment that you need, and put your mind at ease.

Although you might be able to recover compensation from the negligent driver who caused the wreck, sometimes these individuals simply aren’t able to pay for the full extent of the damages that they have caused you. That’s why you need to consider against whom else you can file a claim.

Florida’s dram shop liability law

If your injuries were caused by someone else’s drunk driving, you might be able to hold the establishment who served alcoholic beverages to that driver liable under Florida’s dram shop law . However, Florida’s law is not as broad as many other state laws on this issue. Whereas many states allow you to seek compensation from an establishment if it served alcohol to a customer who was visibly intoxicated and that driver subsequently caused an accident, Florida only allows you to hold the establishment liable if you can show that it served an individual who it knew was addicted to alcohol.

This also means that you can’t sue an individual who served alcohol at a private function for the negligent driving of an intoxicated driver. This might seem unfair, especially if the person who caused the wreck continued to be served alcohol well after the point of intoxication, but that’s the state of the law.

Proving a dram shop case

As you can see, the restrictive nature of Florida’s dram shop law can make it difficult to succeed on a claim against an establishment. But it’s not impossible. You’re just going to have to put in a lot of work to try to show that the establishment either knew or should have known that the individual who caused the accident was habitually addicted to alcohol consumption.

You may be able to show this by obtaining records and surveillance footage from the establishment over a significant period of time, showing that the driver who caused your accident was a regular at the establishment and regularly drank to the point of intoxication at the establishment in question.

However, if your accident was caused by an intoxicated driver who is under the age of 21, you can prove your dram shop case simply by showing that the establishment served a minor. That’s a much easier hurdle to clear, which you again may be able to demonstrate through alcohol purchase receipts, recordings from the establishment and witness testimony.

Pursuing your dram shop case

Keep in mind that there are time limits on when you can bring a dram shop liability claim. That means that you can’t sit on the sidelines too long, otherwise you’ll miss your opportunity to potentially recover the compensation that you need and deserve.

With that said, we know navigating your claim can present a whole host of challenges. But that’s why law firms like ours are here to help. You’ve been cheated out of your normal life for far too long, and personal injury attorneys want to try to make that right.

So, if you want an aggressive advocate on your side who is willing to go toe-to-toe against those who have caused you harm, now is the time to reach out to learn more about how to prepare your personal injury case.

The Challenges of Proving a Reckless Driving Case

Mon, 01 Apr 2024 14:41:07 GMT

In Florida, drivers share the road every day with irresponsible drivers who tailgate, make frequent lane changes, speed, or engage in other reckless driving behaviors. Accidents that result from such driving habits can range from fender benders to cataclysmic injury or death.

Although it may appear obvious that the other driver’s habits or traffic violations caused the accident, it is not so easy to prove that their actions make them liable in a personal injury suit. For Miami residents who have suffered injury or loss due to another driver’s negligent behavior, it is important to know where to turn to receive compassionate legal advocacy as they pursue just compensation.

Proving liability, finding responsible parties

When the victim of a motor vehicle accident pursues a claim, it will be for financial compensation in civil court. The standard of proof for a successful civil claim is lower than for a criminal proceeding, as the plaintiff only has to prove the defendant’s negligence with a preponderance of the evidence. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt.

In cases where the police report shows that the other driver broke the law, separate criminal charges may lead to a conviction, which would strengthen a civil claim. For this reason, it is often wise to await the outcome of the concurrent criminal case before filing a personal injury claim.

When reviewing the merits of a civil claim, attorneys will assess several factors in determining who will be the defendants and the amount of compensation the plaintiff will seek. The evidence needed to establish cause in a reckless driving case will include:

The details of the police report that may establish traffic violations such as speeding, driving on the shoulder, weaving through traffic, or driving while impaired.
The injured party’s statement.
The nature of the bodily damage to the vehicles, including the area of impact, the severity of damages, skid marks, broken glass and the distance of the impacted vehicle from the point of impact.
Witness testimony.
Extent of injuries to the victims.

Other responsible parties may share liability for the accident. For example, an employer whose driver was driving a company vehicle while working may share liability, and alcohol vendors may bear responsibility for allowing an intoxicated client to get behind the wheel.

Negligence laws in Florida

Under Florida law , the theory of comparative negligence applies in civil cases, in which the amount of responsibility that the injured party bears for causing the accident reduces the award they may claim by that same percentage. The statute of limitations for filing a claim is typically four years.

An overview of dog bite laws in Florida.

Tue, 19 Mar 2024 14:41:07 GMT

Dogs are friendly, funny creatures that worm their way into our hearts. Many dog owners in Florida would never expect their pet to act violently and bite someone, but they might. It does not matter how big the dog is or what breed the dog is. Any dog who feels threatened can lash out and bite someone.

Dog attacks can cause serious injuries. Dog bite victims will want to educate themselves on dog bite laws in Florida .

Dog bite laws in Florida

A dog owner may be responsible if their dog bites someone under the following circumstances. First, the dog-bite victim must lawfully be in a public place or a private place. Second, it does not matter if the dog acted viciously in the past, or whether the dog owner knew their pet might be vicious.

Dog owners can place a “Bad Dog” sign on their premises. However, if the bite is proximately caused by the negligence of the dog owner, the dog owner may be held liable for the dog bite.

Take action if you are bitten by a dog

Dog bites can cause devastating injuries. Dog bites can cause lacerations, broken bones and permanent scarring. Moreover, they can cause severe emotional distress.

You should never have to suffer from a life-long fear of dogs. Moreover, you should not be left to pay the bills for the medical care that results from a dog bite. If you have been bitten by a dog, you will want to make sure you know whether you can hold the dog owner responsible for the injuries you suffered.

What are the greatest causes of road construction accidents?

Fri, 01 Mar 2024 14:41:07 GMT

As the new legislation to upgrade our nation’s infrastructure kicks in, travelers on our nation’s roadways will be seeing more construction work zones and experiencing more delays, lane changes and complicated signs. For road construction workers in Florida and elsewhere, this means even greater risk of severe injury or death that can occur in highway work zones.

With major roadway construction sites along I-95, the Intercoastal Waterway and other projects, Miami residents should use caution when entering a work zone along their commute. Road construction workers who have experienced severe injury or loss from a work-related accident need to know the next steps for receiving compensation.

What hazards do road construction workers face?

When construction workers are injured in work-related accidents, it is due to one of four primary causes, called the “fatal four”:

Falls
Struck-by accidents
Electrocution
Caught in-between

No matter the work environment, these events can occur from tripping on debris or falling from a hidden gap or hole, electrocution, being struck by equipment, crushed by falling material or caught in machinery.

Roadway work zones put construction workers at enhanced risk of severe injury and death because they not only face dangers from these hazards but also risk being struck by a negligent driver who is speeding, crashes through construction barriers, or causes a traffic accident with another vehicle.

As it turns out, work zone fatalities have been steadily rising in recent years, increasing during the lockdowns of 2020 when there were fewer drivers on the road. The pedestrian fatality rate went up by 21% that year over 2019, and 38% of these fatalities occurred to road construction workers.

More than half of all highway contractors reported work zone crashes in 2021, resulting in tragic loss, project delays, and motorist fatalities. Speeding is reportedly a common factor in such accidents.

Why women may be more at risk in a car accident.

Thu, 01 Feb 2024 14:41:07 GMT

Most people would agree that the habits of drivers in Florida and elsewhere continue to get worse. Traffic fatalities have gone up dramatically across the country since 2020, and according to recent research from the Insurance Institute for Highway Safety (IIHS), it is women who are more likely to experience serious injury or death than men.

The study found that, although there are more motor vehicle accident fatalities overall for men than women, women are up to 28% more at risk of deadly injury and as much as 73% more prone to serious injury than men in an accident. Moderate injuries that women are likely to suffer from a front or side crash include:

Broken bones
Leg injuries
Collapsed lung
Traumatic brain injury

As it turns out, women tend to choose smaller and lighter vehicles than men, which exposes them to more risk of injury in an accident. But women’s bodies also react differently from men’s to the impact of a collision. Choosing crash test dummies that more accurately reflect the size and proportions of a woman will go a long way toward modifying safety measures that will protect both women and men equally.

How Florida no-fault insurance laws factor into filing a claim

Under Florida’s no-fault insurance system , all registered drivers must carry insurance that will pay for damages in a motor vehicle accident, regardless of who was at fault. The minimums are:

Property damage liability (PDL), $10,000
Personal injury protection (PIP), $10,000

In addition, drivers may purchase bodily injury liability (BIL), which pays out to others who have suffered an injury. PDL covers damages to the other vehicle, and PIP pays up to 80% of medical expenses, lost income or survivor’s loss, and funeral expenses.

When filing a personal injury is the best option

Because Florida’s minimum insurance requirements are so low, many victims of a car crash that was due to a negligent driver cannot possibly receive the compensation they deserve under available no-fault insurance coverage. For this reason, it is possible for a negligence claim to move forward in civil court if the injuries to the plaintiff will exceed existing insurance limits.

Florida follows the theory of comparative negligence, which allows the injured party to receive compensation that is equivalent to the percentage of responsibility that they share with the other driver in causing the accident.

What you need to know about bed sores.

Mon, 01 Jan 2024 14:41:07 GMT

If your loved one suffers any kind of injury in a nursing home, then you should start asking questions. This is especially true if your loved one develops bedsores. These injuries, sometimes referred to as pressure ulcers, develop when pressure is applied to the skin over an excessive period. In the nursing home context, bedsores are often present when nursing staff fails to move or reposition a resident who has limited mobility.

Where do bedsores form?

Bedsores can appear on any part of the body that is subjected to this excessive pressure. However, they are most commonly found on the following parts of the body:

Ankles
Heels
Tailbone
Hips
Shoulders
Elbows
Spine

So, be aware of your loved one’s condition and check these areas of their body to see if bedsores are developing. This is important because if caught early enough, bedsores can be successfully treated. If they’re left to fester and worsen, though, then they can lead to life-threatening complications.

Risk factors

A lack of mobility is the number one risk factor for bedsores. But other contributing factors may also be indicative of nursing home neglect. For example, malnutrition can cause the skin to lose its elasticity, thereby causing it to break more easily. So, as you’re assessing your loved one’s condition, make sure that you’re taking a comprehensive look at the care that he or she is receiving.

Holding negligent nursing homes accountable

Your loved one deserves nothing less than a level of care that keeps him or her safe. Yet, nursing home neglect and abuse are more common than most people realize. There are thousands of reports of abuse and neglect made each year. That’s why you should be diligent in ensuring that your loved one is protected.

If you suspect that your loved one has been harmed by negligent or abusive nursing home practices, then you can fight for accountability and compensation. To learn more about how to do that, consider discussing the matter with a legal team that you feel comfortable fighting on your loved one’s behalf.

Do you have a valid medical malpractice claim?

kyle.taylor@levitateapp.com (Kyle Taylor) — Mon, 19 Dec 2022 14:41:07 GMT

Florida, as one of the most populous states in the country, sees thousands of medical treatments completed each day. Obviously, each patient hopes that the treatment they receive is top-notch. But, unfortunately, medical malpractice is more common than most people probably think. How can you tell if you might have a valid medical malpractice claim?

Standard of care

In many cases, the determination of whether medical malpractice occurred hinges primarily on one question: Did the healthcare professional deviate from the applicable standard of care for the treatment in question? Of course, boiling a case down to one seemingly straightforward question doesn’t make these types of cases simple. Medical malpractice cases can be notoriously difficult to prove.

To determine if you might have a valid medical malpractice claim or not, you will usually need to have a seasoned litigator evaluate the circumstances of your own unique case.

There are many factors at play in medical malpractice cases, including whether a doctor-patient relationship actually existed, whether the alleged malpractice is actually what caused the harm in question and whether there are actual damages to pursue, among other factors.

At our law firm, we work with Florida residents who believe that the care they have received from a medical professional was, in fact, malpractice. You may, at first, believe that there was just a bad outcome to the treatment. But, the situation may actually escalate to malpractice. For more information, please visit the medical malpractice overview section of our law firm’s website.

Understanding the effects of a spinal cord injury.

kyle.taylor@levitateapp.com (Kyle Taylor) — Mon, 22 Aug 2022 14:41:07 GMT

When a person is in an accident, he or she can suffer from a catastrophic injury. One of these is a spinal cord injury and it can have a long-term effect on the person’s ability to do everyday tasks.

Spinal cord injuries

A spinal cord injury is damage to part of the cord or nerves at the end of a person’s spinal column. It can cause physical problems with strength and loss of feeling in the affected area and can also cause mental, emotional and social difficulties for the victim.

There are two types of spinal cord injuries, complete and incomplete. A complete injury means that the person loses all feeling and movement below where the injury is on his or her body. An incomplete injury means that he or she has lost some function below the affected area. If a person is paralyzed from the injury, his or her arms, legs and torso can be affected.

The victim may not be able to feel heat, cold or touch, may have pain from nerve damage and may have a hard time breathing or coughing, among other symptoms.

Causes

Spinal cord injuries are often caused by accidents when there is a sudden impact to the person’s body and all of their injuries may not be immediately known. This is because in the days, weeks and months after an accident, he or she can suffer from bleeding, swelling and inflammation that gets worse.

A person who suffers from a catastrophic injury may no longer be able to work and may have many expensive medical bills to pay. An experienced attorney can file a claim for compensation on the injured person’s behalf.

Motorist tries to evade crossing gate and two die.

kyle.taylor@levitateapp.com (Kyle Taylor) — Mon, 01 Aug 2022 14:41:07 GMT

Railroad crossing gates provide a tempting target for risk-taking drivers. The gates appear to have plenty of extra space to drive around them, and no one has had much experience in estimating the speed of a large diesel locomotive. Consequently, crossing gates do not provide 100% prevention of serious accidents, as was demonstrated by a recent accident in Hallandale.

The accident

The incident occurred on East Dixie Highway near Northeast 215th Street. Surveillance video of the accident show a heavily mangled car on the shoulder of the road in the grass. Two men who were in the car appeared to have died instantly. Brightline has experienced several accidents since it resumed its high-speed service in south Florida. In one case, a train hit a pedestrian, and police concluded that the victim was attempting suicide.

Who is liable?

In many railroad crossing accidents, the railroad has been held liable for its failure to install modern crossing gates and warning signals. In this case, the railroad who owns the right-of-way used by Brightline has apparently installed state-of-the-art crossing gates and warning signals. In a study published by the Associated Press in 2019, Brightline was ranked as having the highest death rate on its tracks as measured by deaths per mile. In this case, where the railroad appears to have installed modern warning signals and crossing gates, and where the automobile driver appears to have been especially negligent in trying to beat the train to the crossing, the railroad is not likely to be deemed negligent unless further investigation reveals a malfunction of the signals.

What next?

Further investigation may show a defect in the crossing signals or gates or an error by the train crew. Anyone who has been injured or lost a loved one in similar circumstances may wish to consult an experienced injury lawyer for an evaluation of the evidence and an opinion on the likelihood of recovering damages for lost income, medical expenses and pain and suffering.

Pedestrian fatalities rise in Florida and the nation

Fri, 22 Jul 2022 14:41:07 GMT

The return to business activity and traffic in 2021 was accompanied by a rise in pedestrian deaths. The Governor’s Highway Safety Administration estimated that 3,441 pedestrians were killed in traffic accidents for the first half of 2021. This was a 17 percent increase compared to that same time in 2020.

Dangerous trend

In its report, the GHSA took into consideration that large parts of the country were locked down in 2020 which could impact data on motor vehicle accidents . It included 2019 data for a pre-lockdown comparison.

The GHSA’s report , however, classified the 507 additional deaths between the two years as preventable. Pedestrian fatality rates per population and vehicle miles traveled were disturbingly high.

This increase is part of a continuing dangerous trend for pedestrians. Pedestrian fatalities rose by 46 percent from 4,457 to in 2011 to 6,516 in 2020. Pedestrian deaths constituted 17 percent of all traffic deaths during that time.

There were 2.3 pedestrian deaths per billion vehicle miles travelled for the first six months of 2021. This topped the previous record of 2.2 deaths per VMT in 2020.

Overall traffic fatalities also rose. According to the National Highway Traffic Safety Administration, 31,720 people were killed in accidents in the first three quarters of 2021. This is the highest number of traffic deaths during the first nine months of a year since 2006.

Florida’s deadly increase

Florida, California, and Texas, with 27 percent of the U.S. population, had 37 percent of all pedestrian deaths during the first six months of 2021. More pedestrian traffic because of warmer climates and these states’ urban areas accounted for this statistic.

Florida was among 38 other states and the District of Columbia which reported higher pedestrian deaths for the first six months of 2021. Florida also had other troubling data:

Florida pedestrian deaths rose from 339 for the first six months of 2020 to an estimated 444 fatalities for the same period in 2021. There were 385 pedestrian deaths for the first six months of 2019.
Florida had a 30.97 increase in pedestrian deaths, 105 additional fatalities, from the first half of 2020 compared to that period in 2021.
There were 1.57 pedestrian deaths per 100,000 people for the first six months of 2020 which rose to 2.04 per 100,000 one year later.

Pedestrians have almost no protection against vehicles which have become larger and more dangerous. These accidents may be deadly or cause life-long and costly injuries. Attorneys can assist victims and their families with seeking compensation from negligent or reckless drivers and other parties.

Forklift driver dies after collision with semi-trailer truck.

kyle.taylor@levitateapp.com (Kyle Taylor) — Fri, 01 Jul 2022 14:41:07 GMT

Anyone who has ever driven into the parking lot of a Home Depot or Wal-Mart Store has observed the high number of semi-trailer trucks attempting to deliver their loads. Perhaps more than a few drivers have seen store-owned fork lift trucks moving heavy loads from the 18-wheelers to the store’ loading dock. Unhappily, all of this activity recently caused the death of an employ of a Home Depot Store in Fleming Island, an unincorporated township south of Jacksonville.

The incident

The details of the incident are very sparse. Police were called to the Home Depot Store in the morning to check on a reported collision between a fork lift truck and a semi-trailer truck. The driver of the fork lift was seriously injured, and he was taken to a nearby hospital, where he died within 90 minutes. The driver of the big rig was not injured and he remained at the scene to cooperate with police. The police report on the accident does not provide any details about what happened. The United States Occupation Safety and Health Administration sent a compliance officer to the scene to assist with the investigation.

Who pays?

The decedent’s family will have a claim for decedent’s benefits under Florida’s workers’ compensation law. The reports so far appear to conclude that the decedent was an employee of Home Depot and that Home Depot’s workers’ compensation insurer will pay the greater part of the claim. If, however, the decedent were the employee of an entity other than Home Depot, hired perhaps as an independent contractor to provide loading and unloading help, the subcontractor may have significant exposure. In such a case, Home Depot may have significant liability as a third party. Also, the owner of the big rig may have similar third-party liability if the investigation shows that the driver of the semi was at fault.

Conclusion

Whether a viable third-party claim can be found in the facts of this case will significantly affect the damage award that may be recovered by the victim’s family. Anyone who has suffered an injury or lost a loved one under similar circumstances may benefit from consulting an experienced workers’ compensation attorney for an assessment of the evidence and an opinion on the likelihood of recovering damages for lost income, medical expenses, and pain and suffering.

Slip-and-fall accidents may be due to negligence.

kyle.taylor@levitateapp.com (Kyle Taylor) — Wed, 01 Jun 2022 14:41:07 GMT

While people in Miami may not have to worry about slipping and falling on an icy sidewalk, slip and fall accidents can occur anywhere, including stores, restaurants and hotels. All it takes is a spill on the floor or a tear in the carpeting for a person to be injured in a slip and fall accident. Slip-and-fall injuries such as broken bones, spinal cord injuries and head injuries can be severe, so it is important to know your rights in such situations.

The statistics on falls

Slip-and-fall cases are, unfortunately, common. Over one million people are seen in the emergency room for slip and fall injuries. Slip and falls are the leading cause of lost time from work. Flooring issues are a factor in over two million fall injuries annually. Older people are more apt to fall. Each year one in every three people over 65-years-old will experience a fall. The Centers for Disease Control and Prevention reports that an estimated 1.8 million individuals over 65 years old need emergency care due to a fall.

What is negligence?

Some slip-and-fall accidents are simply that — accidents, and they are not the fault of anyone. However, sometimes the property owner could have done something to prevent the fall and did not. Sometimes a property owner is negligent, and you may pursue a personal injury lawsuit against them.

There are five elements that must be met to prove negligence . First, the property owner must owe you a duty of care, for example, keeping store floors dry. Second, the property owner must breach that duty, for example, by not cleaning up a known spill causing you to slip and fall. Third, the breach must cause your injury and but for your breach the injury would not have occurred. Fourth, the cause of your injury must have been foreseeable. Fifth, you must have suffered monetary damages due to the breach.

Personal injury lawsuits can be complicated. Oftentimes there are gray areas when trying to prove negligence. Fortunately, those injured in slip-and-fall accidents can seek the information they need to better understand their rights and options.

How can I pay my bills if I'm injured and cannot work?

Wed, 04 May 2022 14:41:07 GMT

We all take pride in putting in a hard day’s work but doing so sometimes leads to a workplace injury. While some injuries are minor and easily treated, others are major requiring extensive medical care.

Moreover, if you have a serious injury, you may not be able to work for a while. You may find yourself in a situation where you cannot pay your bills because you are too injured to go to work. For this reason, you will want to learn more about workers’ compensation benefits in Florida.

What are workers’ compensation benefits?

Workers’ compensation benefits are similar to insurance benefits. Your employer will provide you with payments if you are injured on the job and cannot work. The pay off is that if you receive workers’ compensation benefits, you cannot sue your employer for injuries suffered on the job.

What do workers’ compensation benefits cover?

Workers’ compensation benefits cover medical expenses . Your doctor will submit any authorized medical bills to your employer for payment. Workers’ compensation benefits also cover lost time from work. If you are injured and are unable to earn an income, you may receive payment for lost wages. You will only be paid for the first seven lost days of work if you are so injured that you cannot work for 21 days or more.

Workers’ compensation benefits help employees

If you are injured and cannot work, it is natural that you are concerned about how you will pay your bills. No one wants to be in a situation where they are deciding whether to pay for groceries, pay the electric bill or pay their medical bills when there is simply not enough money to go around. Workers’ compensation benefits are meant to eliminate this situation, so you can pay your bills until you are healthy enough to go back to work.

Common causes of personal injuries in Florida.

kyle.taylor@levitateapp.com (Kyle Taylor) — Sun, 01 May 2022 14:41:07 GMT

A recent article in a college journal called “Scholarship Media” attempted to itemize the most common personal injuries in Miami , Florida. Some of the findings may be surprising.

Motor Vehicle Accidents

Not surprisingly, motor vehicle accidents are the most common type of accident in Florida, with hundreds of such accidents reported on a daily basis. The leading causes of motor vehicle accidents are reckless driving, sub-optimal road conditions, driving above driving above the posted speed limit, drunk driving, and others.

Car injuries include whiplash, fractures, scrapes and cuts, internal bleeding, spinal cord injuries, and brain injuries.

Medical Malpractice

Medical malpractice occurs when a health care giver fails to adhere to the established standard of due care in treating a patient, whether the treatment is diagnosis and treatment of a disease, performing a surgical procedure, of other procedure that results in serious injury, irreversible harm, or the wrongful death of the patient. Most medical malpractice claims involve surgical errors, birth injuries, misdiagnosis, and prescribing the wrong medication, or an incorrect dose of the correct medication.

Premises liability

Many serious accidents occur on premises owned or controlled by another person. Under Florida law, the owner or person in control of a property has a duty to keep the property safe for people who may visit. Premises injuries can include inadequate security, dog bites, slippery floors and stairways, electrocution, insufficient light, and catastrophic injury caused by structural collapse.

The article suggest that anyone who has suffered an injury in any of the cases reviewed contact an experienced personal injury attorney for an evaluation of the evidence and an opinion on the likelihood of recovering damages for medical expenses, lost income, future disability and pain and suffering.

Work zones can be particularly dangerous for motorists.

Mon, 04 Apr 2022 14:41:07 GMT

When you’re the victim of a car accident, one of the first questions you’re likely to ask is ‘what happened’? There are probably certain roads you drive or intersections you pass through which you know can be dangerous. So you’re more cautious in those areas. But work zones are places too many drivers fail to give enough respect, and that can be deadly for you.

Too many distractions?

According to the National Safety Council , in 2019 alone, 842 people were killed in auto accidents around work zones. Florida alone accounted for 136 of those deaths. The areas involved were construction zones, maintenance zones, utilities zones and others – if work is being done, there’s a heightened danger.

Although more than half of those killed in work zones were drivers of vehicles, they were not alone. Nearly 300 of those who died were either passengers or pedestrians and even bicyclists were not immune to the threat.

All drivers owe everyone around them a duty to drive with a reasonable amount of care. But some of them seem to struggle when they get around the activity of a work zone. The work itself can provide a distraction for drivers who allow their focus to waver. Loud noises can make it more difficult to hear what’s going on around the vehicle. And the work can require that vehicles are rerouted into areas with drivers are unfamiliar.

When you’re the victim of a motor vehicle accident and suffer injuries, you have a right to be made whole. A personal injury lawsuit is a powerful tool at your disposal, allowing you to receive the compensation to which you’re entitled and to hold the negligent party accountable.

Benefits of hiring a dog bite attorney.

kyle.taylor@levitateapp.com (Kyle Taylor) — Fri, 01 Apr 2022 14:41:07 GMT

Dogs are one of the most common types of pets in Miami and throughout the country. In fact, almost 40% of Florida residents own a dog. Most of the time a dog is a friendly and loyal companion but occasionally dogs can turn vicious and attack. If a person has been the victim of a dog bite, they know how scary the incident can be. They may also now be facing unexpected medical bills, may be dealing with scarring and may even be out of work while they recuperate. These are all reasons why a person should consider hiring an attorney.

There are many benefits in hiring a dog bite attorney. A victim may think hiring an attorney is not necessary, but they offer many benefits. These include:

Understanding state laws. A dog bite attorney understands Florida law surrounding dog bites. A victim is recovering from a dog bite and doesn’t have time to do this research. An attorney knows dog bite laws and any legislation that affects them.
Skilled negotiator. An insurance company may offer a dog bite victim a settlement, but it may not be the amount a victim deserves. An attorney knows how to negotiate with insurance companies in order to get maximum compensation for their client.
Experience. If a dog bite victim’s case is complicated, an attorney has experience with investigators to help get answers as to what happened.
Personal advocate. An attorney is a dog bite victim’s personal advocate. They will fight for their client’s right for compensation and ensure the dog does not attack anyone else.

Hiring an attorney to help with a dog bite case can be beneficial for a Florida dog bite victim. These are situations in which a victim should not take the matter into their own hands and an attorney can help their client recover and protect their future.

Including PTSD in workers' compensation benefits.

Sat, 19 Mar 2022 14:41:07 GMT

When it comes to receiving workers’ compensation benefits and what is and what is not covered, the rules are extremely strict. There are many people whose claims are rejected the first time around. If that happens, many people appeal the rejected claim and are eventually successful at receiving benefits.

One of the conditions that seems to be up for debate is post-traumatic stress disorder (PTSD), which can occur due to many different experiences and which can be very difficult to treat. PTSD is nonetheless a very real condition and the person who is suffering deserves to get the support that they need to make their life better.

Who suffers from PTSD?

PTSD is common in people in the military (people who have either been in the military or who are currently still in the military) and first responders. It is not uncommon for a person to experience PTSD after having been involved in a shooting of some kind of violent event.

If a person suffers from PTSD, they are plagued by many emotions. The person often becomes volatile in certain situations that may trigger explosive behavior.

Solid advice from a knowledgeable workers’ compensation lawyer

If you are suffering from PTSD because of a work-related situation and have not been able to receive SSD benefits for your condition, the advice of an experienced Miami workers’ compensation lawyer may be invaluable to your case. The lawyer can walk you through the process and make sure that you understand your rights for a hopefully positive outcome.

What happens after a rideshare accident.

Sat, 19 Mar 2022 14:41:07 GMT

For the better part of the last decade, we have all used ridesharing apps, like Uber and Lyft. Indeed, in some cities, there are even more rideshare options, and they all make getting around much, much easier. We no longer have to call or hail a cab. Instead, we pull out our phones and within a few minutes, a car is waiting. But, what happens after a rideshare car accident ?

Riders and passengers

For most rideshare applications, like Uber and Lyft, riders are covered by those company’s insurance. This is in addition to the drivers own commercial insurance, if they carry separate insurance. Though, while there is some disagreement about the application’s direct liability for car accidents, they usually indemnify their drivers. The key is that, unless the passenger or rider did something specific to cause the accident, they do not have to worry about liability, even if the driver caused the car accident. And, they will also not have to worry about paying their own expenses, but an attorney may be needed to ensure that outcome. After all, no one wants to pay, if they can avoid it, especially insurance companies and large corporations.

What about non-riders?

A rideshare car accident does not just affect the driver and their riders, it also affects the person that is impacted, which could be another vehicle or pedestrian. For these people, liability becomes a bit trickier. For one, while an app driver is covered by the app’s commercial liability insurance when they have a passenger, the in-between time is often seen as off-the-clock for those insurance carriers. This in-between time could be when they are on their way to a ride or driving around looking for a ride.

Accidents during the in-between time

When the commercial insurance policy is not in effect, then liability is the same as any other car accident. This means, one will need to gather the same information, like taking photographs, saving dashboard camera footage, getting witnesses, collecting police reports, etc. And, car accident victims will likely need to sue the driver’s personal insurance carriers.

Not covered by personal insurance

To make matters worse, some Miami, Florida, personal driver’s insurance policies will try to avoid liability, if they determine that the accident occurred while their driver was operating their vehicle for commercial purposes. If this is the case, the car accident victims will need to sue the driver directly and use their own uninsured policies to cover them in the interim.

Driver negligence is a compensable cause of motorcycle accidents.

kyle.taylor@levitateapp.com (Kyle Taylor) — Tue, 01 Mar 2022 14:41:07 GMT

Motorcycles are popular modes of transportation throughout Florida. They are a great way to enjoy the sunshine and beautiful weather that the state has to offer. Many motorcycle riders take their operating duties seriously and practice safe driving when on their two-wheeled vehicles.

Unfortunately, not all other drivers use their best operating practices when behind the wheels of their automobiles. When drivers of larger vehicles allow distractions to cloud their attention, they can quickly become dangerous to motorcycles and their riders. This post will discuss some of the negligent driving behaviors that drivers can engage in that can harm motorcyclists.

Distractions

One of the biggest mistakes that drivers make is to allow distractions to impact their driving. A distracted driver may not see a motorcycle riding next to them or may fail to check their blind spot for a smaller vehicle. Distracted drivers can miss intersection signage and can crash into motorcycles making legal turns and intersection maneuvers.

Traffic and roadway infractions

Some drivers fail to follow the rules of the road , and their missteps can put others, including motorcyclists, in the path of harm. For example, drivers who fail to signal and who do not stop at stop signs may drive into the way of motorcyclists. Speeding drivers can lose control and not have sufficient time to stop when encountering other vehicles, including motorcyclists. Breaking local and state driving laws can cause drivers to create dangerous situations for motorcyclists.

Failure to adapt to conditions

Florida can get a lot of rain and other hazardous forms of weather. When conditions are treacherous, drivers may have to adapt their speeds and operating practices to stay safe in wet or windy weather. Drivers who do not make these accommodations can be dangers to themselves and others when on the roads.

Motorcycles and their riders are small. They can easily become lost on the roads. When drivers do not do their best behind the wheel, they can quickly create dangerous for others. Motorcyclists who have been hurt in negligence-based accidents may have legal rights to seek compensation for their losses.

Personal injury and the statute of limitations.

kyle.taylor@levitateapp.com (Kyle Taylor) — Wed, 23 Feb 2022 14:41:07 GMT

Sustaining an injury, due to the fault of someone else, can be an extremely frustrating experience. In addition to the physical pain you suffer, it can take a toll on your emotional and financial health, affecting every facet of your life. Fortunately, Florida provides you a means of redressing the wrong done to you – a personal injury lawsuit – but there are limitations of which you must be aware.

What is the statute of limitations?

Negligence is a common occurrence which gives rise to a personal injury lawsuit. Car accidents , for example, happen when a driver is not paying close enough attention to what they’re doing. They make a mistake, a collision results, and you are injured in the process. Florida gives you the right to sue the negligent party, so that you can be made whole again.

But at the same time Florida gives you the right to file a personal injury lawsuit, it also places a time limit on your ability to file that suit – this is the statute of limitations . For most personal injury lawsuits, that time limit is four years. If you do not file your suit within four years from the date of the accident, you lose the right to sue forever.

Other limitation considerations

The statute of limitations is not a one-size-fits-all law. While most personal injury cases have four years, actions for medical malpractice and wrongful death only have two years. And there are circumstantial factors which may impact the timing of when that countdown officially begins. Beyond the statute of limitations itself, every case requires an investigation. Evidence must be collected and preserved as soon as possible, so that your case is as strong as it can be made. In short, you don’t want to wait any longer than necessary, since time is a real enemy you must face.

Researchers say Florida should improve traffic law.

Fri, 11 Feb 2022 14:41:07 GMT

In Florida and across the United States, there are many factors that are assessed in the context of traffic safety. Of course, driver behavior is one of the first issues that is considered when there is a motor vehicle accident with injuries and loss of life. That, however, often hinges on the state laws for driving safely. For example, if a driver is behaving recklessly or swerving unusually, law enforcement is likely to keep an eye on that driver and initiate a traffic stop. Even with that, there is a limit to what law enforcement can do based on the laws that are in place. This should be considered when taking to the road and especially after there has been a crash.

Suggested improvements

A recent study found Florida to be lacking in various laws that are believed to enhance safety. According to Advocates for Highway and Auto Safety, there are 16 optimal laws that states should implement to maximize safety. Among them are rules for younger drivers, laws against distracted driving, requiring motorcyclists to wear helmets and more. In its report, states were labeled with red, yellow and green lights based on how many of these optimal laws they had in place. Florida was given a red light because it only as six of the suggested laws.

Seatbelts were referenced as a major safety concern. Since law enforcement cannot stop and cite a driver if a person in the backseat was not wearing a seatbelt unless a separate violation had been committed, many people do not wear the seatbelt when in the back. In addition to the rules it suggests, the group would like the Sunshine State to put stricter mandates in place for DUIs, distraction and young drivers. Given the costs that accompany an auto accident, these ideas could be beneficial to make the roads safer for everyone.

Justice after an accident

People who are injured or have lost a loved one in an auto accident will undergo dramatic life changes in every way. They may not be able to do the same type of work they did before, could face problems contributing to a family and deal exorbitant medical expenses. Thinking the insurance company will cover for all that was lost is often a mistake. From the outset, it is imperative to be protected. For experienced and caring advice, consulting with those who are experienced in state laws and investigating the circumstances of the crash can be helpful to achieve a positive result.

Crash numbers decreased, but fatalities increased in Florida.

Tue, 01 Feb 2022 14:41:07 GMT

The statistics on motor vehicle accidents in Florida have been surprising over the past few years. For example, according to the Florida department of Highway Safety and Motor Vehicles the total number of crashes in the state went down from 2018 to 2019 (the most recent year with available numbers so far). However, the number of fatalities has gone up. This is an indication that the crashes are more serious than the year before.

Side-by-side comparison of crash statistics from 2018 to 2019

Looking at statistics from 2019 and 2018, the total number of crashes decreased in 2019 . Those numbers include injuries, fatalities, and property damage. The increases and decreases fluctuated in the different scenarios for drug & alcohol impairment and, in many cases, the numbers were almost equal. In the category of “vulnerable road users,” which includes motorcycles, pedestrians, and bicycles, the statistics did not consistently increase or decrease. There were some of each.

Getting proper support after a motor vehicle accident

Sadly, motor vehicle accidents are too common and the consequences are often dangerous and prolonged. If you have been involved with a motor vehicle accident , an effective lawyer is essential to your receiving the compensation that you deserve. If you go after compensation on your own, it is possible that you will not receive a fair and just amount. That is where a knowledgeable lawyer with expertise in motor vehicle accidents can really turn the situation around in your favor.

Florida is one of 12 “no-fault” states, which means that if you suffer injuries in a motor vehicle accident, your insurance will compensate you. Conceptually, that seems like a good thing; however, your compensation may not be enough to cover what you need based on the medical treatment that you must receive for your injuries. It is sensible to proceed with caution and speak with a lawyer before you accept whatever your insurance company wishes to give you.

If you have been involved in a motor vehicle accident, it is essential that you protect your health, financial standing, and well-being over the long term. Serious injuries can affect your life for a long time and it is important that you have the proper support and protection going forward.

Understanding the signs of nursing home neglect.

kyle.taylor@levitateapp.com (Kyle Taylor) — Mon, 24 Jan 2022 14:41:07 GMT

Placing a loved one in a nursing home facility is not an easy decision to make. Whether it is a collaborative or unilateral decision, one may be concerned that an elderly loved one may not receive the care they require and deserve at a nursing home facility. Even more so, one should be cautious of nursing home abuse and neglect, as it is possible to overlook the signs of either.

The difference between abuse and neglect

While both nursing home abuse and neglect are concerning situations that could bring great harm and even death to a nursing home resident, the two differ. Abuse is when there is willful infliction of harm. It could be physical, mental, emotional or economical.

In contrast, nursing home neglect occurs when there is the failure to provide the services, care and items necessary to meet the medical, physical, mental and emotional needs of the residents. As such, negligence can be difficult to spot and could be more complex.

Signs of nursing home neglect

Signs of nursing home neglect include falls, medication problems and pressure sores. This indicates that they are not ensuring safety and the prevention of falls, failing to properly handle medications and failing to regularly adjust residents in their bed and wheelchairs.

While nursing home neglect can be difficult to spot, there are certain red flags one should be on the lookout for. This includes poor hygiene, poor living conditions, malnutrition, dehydration, unexplained injuries and psychological symptoms.

If one believes that a loved one has suffered harm due to nursing home neglect, it is possible to take action. A civil suit not only helps hold the negligent party or parties accountable but it also help one recover damages for the losses and harms suffered.

Proposal to change nursing home standards may endanger residents.

Wed, 19 Jan 2022 14:41:07 GMT

In Miami and across Florida, many families are confronted with the difficult decision as to when they may need to place an elderly or infirm loved one in a nursing home. This is an emotional, personal and financial challenge that is rarely easy. However, if the facility is clean, the necessary medical and personal care is provided and there is a competent and attentive staff, it can be a positive for everyone. In recent years, nursing home abuse and neglect has been discussed. This is a frequent problem that no one should endure. In many cases, a victimized nursing home resident and their family wants to pursue a claim after an incident or incidents have occurred. In others, potential changes could set the stage for wrongdoing and families should be aware of them.

Staffing shortages spark attempt to reduce standards in nursing homes

If a recently proposed bill becomes law, Florida nursing home staffing requirements will be reduced. As the law currently stands, facilities that are short-staffed cannot admit new residents. The new law would change that and let new residents be admitted regardless of the number of staff available. In addition, the way in which the numbers of employees are calculated would change. Those who support the bill say this is necessary due to the ongoing staffing shortages. People advocating for patient safety disagree believing that the standard of care would decrease with less oversight into how many people must be on staff for the nursing home to operate safely.

One concern that is being voiced is that lobbyists for nursing home owners played a major role in the language of the bill. The law strengthening the number of staff needed for facilities to comply was passed in 2001. According to researchers, there is a correlation between the care residents are given and the number of trained staff members at the nursing home. This is not limited to nurses. Nursing assistants who do much of the one-on-one work with residents are vital to patient care. Statistically, 85% of facilities were forced to limit how many people they admitted in the middle of January due to an inability to meet the staffing standards.

Abuse and neglect can happen without warning in nursing homes

A key to nursing home residents receiving the proper care and protection is often based on staffing. If the state does move forward with the attempt to make the rules more flexible, it could place vulnerable people in jeopardy. Whether that results in them suffering injuries and trauma through abuse; they are deprived of the medication, exercise and companionship they need; or they are simply not given their nutrition in a timely manner, all can result in problems that lead to damage and potentially even death.

There are common signs of nursing home neglect and abuse that should be known. If people are declining in health for no justifiable reason, they have unexplained bruises, are acting withdrawn or outright claim they are being mistreated, it is imperative that family members know what steps to take. Talking to those who are experienced in these types of cases can be helpful with holding facilities accountable and protecting relatives who are in nursing homes.

Ways to build your car accident personal injury claim.

Sat, 01 Jan 2022 14:41:07 GMT

The damages suffered in a car accident can be quite severe. While the physical and emotional pain and suffering might be unbearable, the financial implications of your wreck might leave your future uncertain.

As scary as that may sound, you should take comfort knowing that you might have legal options available to you to help you find accountability and recover compensation. In order to best position yourself to successfully do so, though, you’ll need to take action to build a strong personal injury case. Here are just a few ways that you can go about doing that:

Gather witness information: If your case ends up going to trial, then you’re going to need witnesses to support your side of the story. So, on the front end of your case, be sure to gather witness information so that you can track them down if you need to later. Also, take notes about what they saw so that you can better gauge how they might testify.
Consider accident reconstruction: If your accident is complicated and involves several vehicles, then you might want to consider having an accident reconstruction This will help provide clarity as to who caused the wreck, which can not only help you prove liability but also avoid any arguments of comparative fault.
Have experts on your side: While you’ll certainly have to prove liability in your personal injury case, you also can’t overlook the importance of proving the true extent of your damages. This requires a forward-looking analysis of your medical condition and your employment prospects, which can be challenging to undertake. However, experts in the field might be able to help you here. So, seek them out and obtain their opinions to see how they can support your claim.

Be aggressive in building your case

A car accident can turn your life upside-down. But you can still protect your interests and set yourself on a strong road to recovery by taking aggressive legal action. To properly do so, you’ll need to know how to argue the facts considering applicable law, which is why you may want to seek out assistance in handling your claim.

What types of benefits are available to Florida injured workers.

Wed, 01 Dec 2021 14:41:07 GMT

Workers’ compensation benefits can be critical for injured workers whether they were injured in a fall on a construction site or suffer from a repetitive stress injury acquired at the office. For that reason, injured workers and their families should be familiar with the types of workers’ compensation benefits that are available to injured workers.

Types of workers’ compensation benefits

Workers’ compensation benefits can be available for a workplace injury suffered in a workplace accident or for an occupational illness acquired at work. Specific types of benefits that may be able to help injured workers include:

Medical benefits – medical benefits include medically necessary treatment and care for the workplace injury including doctor’s visits, hospitalizations, physical therapy, medical tests, prescription drugs, prostheses, attendant care and mileage reimbursement for travel to doctor’s visits.
Lost wages benefits – The rate, amount and the duration of compensation for lost wages depends on the injured worker’s disability. Workers may suffer temporary total disability, temporary partial disability or permanent total disability which can impact their disability benefits. They may also be able to receive impairment income benefits based on their maximum medical improvement.
Benefits for surviving loved ones – surviving family members may be able to receive compensation for funeral expenses, as well as educational benefits for a surviving spouse and compensation for dependents.

Workers’ compensation benefits are intended to help injured workers and their families through the various aspects of a workplace injury including the medical care they need, the wages they have lost and to also help surviving family members following a fatal workplace accident. Regardless of the industry they work in, injured workers, and their families, should be familiar with the help workers’ compensation benefits can provide and how to obtain them.

Are you prepared for these truck accident defenses?

kyle.taylor@levitateapp.com (Kyle Taylor) — Mon, 01 Nov 2021 14:41:07 GMT

A truck accident can quickly send your life into what feels like a tailspin. The physical and emotional toll can leave you struggling to see how you’re going to get through the aftermath of your wreck, and the lost wages and medical expenses that are probably involved can leave you with an uncertain future. Fortunately, you might be able to recover compensation for your injuries by pursuing a personal injury lawsuit against both the trucker who harmed you and his or her employer. But if you’re going to go toe-to-toe with a truck company, then you need to be prepared to face their defenses.

Common vicarious liability defenses that truck companies raise

Truck companies have a lot of defense options in a personal injury case, but just about all of them focus on shifting the blame to another party. For example, a truck company will likely argue that you’re comparatively negligent in the case, meaning that you’re partially at fault, which can lead to a reduced recovery.

Another commonly utilized defense is frolic , which is where a trucker strays outside the course of his or her employment, thereby causing the wreck in question. In other words, the truck company argues that it shouldn’t be held accountable because it was not endorsing or benefiting from the activities the trucker was undertaking when the accident occurred.

Other defense options are out there. Third-party liability and weather conditions, for example, could come up in your case. You need to be prepared to address each of these defense tactics.

Be prepared for your personal injury claim

The best legal claims are those that are well-thought out and fully prepared. That’s why anticipating the defense’s arguments can be critical to your case. If you don’t know how to do that or feel like that assessment is best left in the hands of someone else, then you might want to think about seeking out support as you proceed with your claim.

Suspect nursing home abuse or neglect? Take these steps.

Fri, 01 Oct 2021 14:41:07 GMT

Nursing homes are tasked with a big responsibility: caring for our elderly loved ones. Yet, despite this fact, and the reality that the nursing home industry is subjected to extensive regulations aimed at safety, nursing home abuse and neglect occurs all the time. If you’re worried about this happening to your loved one, then you need to be diligent in observing signs of abuse and neglect so that you can follow up accordingly and take legal action as needed.

Signs of nursing home abuse or neglect

There are a lot of signs of nursing home abuse and neglect. If you’re concerned that you’re loved one is being mistreated in his or her nursing home, then consider taking these steps to investigate the matter further:

Ask questions: If you see that you’re loved one has a new bruise, cut, or even a broken bone, start asking questions. How does your loved one respond? If he or she avoids the topic, then that’s a red flag. Ask nursing home staff what happened so that you can lock them into their story. Also, speak to other nursing home residents. They might have seen the incident or be able to provide valuable insight into the type of care usually provided at the facility.
Obtain medical records: If your loved one has been injured or lost weight , then he or she has probably received some sort of medical care. By looking at his or her medical records, you might gain a better sense of what caused the medical condition in question. The doctor who treated your loved one might even be able to give a medical opinion.
Document everything: Although no one hopes to end up in a lawsuit, you need to act as if one is inevitable if you suspect that your loved one is being abused or neglected. Take pictures, write notes, and retain all communications.

Do what you can to protect your loved one

Although nursing homes are supposed to be safe, far too often the burden is on residents and their families to ensure that safety measures are adequately adhered to on a consistent basis. Oftentimes the best way to hold a nursing home’s feet to the fire is to take legal action.

If you think that you and your loved one are at that point, then you might want to consider researching this area of the law further to determine your best course of action moving forward.

Calculating SSDI benefits.

Wed, 01 Sep 2021 14:41:07 GMT

Social Security Disability Insurance may be a vital financial lifeline for a worker with a disability. Claimants must meet specific qualifications to receive SSDI benefits.

Calculation

Eligibility depends on a worker’s record of covered earnings. The Social Security Administration calculates average monthly income over a person’s working life which is adjusted for historical wage increases. It then places that figure into a formula for determining the primary insurance amount or full retirement benefit.

This PIA formula is designed to give proportionally higher benefits to lower wage earners.

SSA uses a formula for SSDI claims that is different than determining retirement benefits because a worker may receive a disability before they reach retirement age. The number of years used to calculate benefits depends on the age that a worker became unable to work because of an injury or illness.

Calculating the amount of earnings history depends on complicated requirements governing elapsed or computation years. It generally works as follows:

SSA totals the number of years from the period that claimant turned 22 to the year before they received their disability.
SSA then takes out one and five years. There a more drop out years based upon the length a claimant worked.
This number is the how many of the claimant’s highest-earning years will be included into the PIA calculation.

Example

Consider a claimant who worked continuously since they were 21 but could no longer work after suffering a disability when they reached 60. The SSA would use that worker’s 33 best income years, indexed for wage trends, to calculate their PIA.

If the disability began when the worker was 50, the PIA would be the 23 highest-earning years. It would be 15 years if the disability began at 40.

A worker will receive 100 percent of their PIA if their SSDI claim is approved. But that full benefit is usually lower for SSDI recipients than for retirees because a worker’s higher-earning years can increase their calculated benefits.

The average monthly retirement and SSDI benefits were approximately $1,558 and $1,280 in Aug. 2021.

Other considerations

SSDI benefits may be reduced if a worker collects public disability payments such as Florida disability benefits or workers’ compensation. Benefits are not reduced for private disability benefits.

SSDI benefits convert to a retirement benefit, usually the same amount, when a recipient reaches full retirement age.

The earnings-based benefit is not used for the other SSA program for people with disabilities, Supplemental Security Income. SSI eligibility is based on financial need and benefits do not depend upon work histories.

Attorneys can help workers who receive a disability pursue their legal rights. They can assist them with navigating the SSDI application process.

How Florida’s comparative negligence law affects you.

Sun, 01 Aug 2021 14:41:07 GMT

If you or a loved one has been injured in a motor vehicle accident, then you have a tough road ahead of you. The physical and emotional pain of the injuries suffered can be excruciating and overwhelming, and the financial realities of your situation can be daunting to say the least. That’s why it might be in your or your loved one’s best interests to pursue a personal injury lawsuit. While this certainly means gathering the evidence and developing the legal arguments that are necessary to impose liability, it will probably also mean defending your or your loved one’s driving.

Florida’s comparative negligence law

Under Florida law, comparative negligence applies to personal injury claims. This means that the judge or jury will look at the facts presented and determine how best to allocate fault. The fault doesn’t have to be placed with just one party. Instead, the judge or jury can divide the fault as it sees fit. This means that you, as the plaintiff, could end up bearing some of the fault burden.

What does this mean for you? It means that you’ll likely have to play some defense when you’re presenting your personal injury claim. You’ll probably have to face allegations that you were driving in an errant fashion, such as by speeding or driving too closely. If the defense is successful in arguing these points, then your recovery may be reduced by the percentage of fault allocated to you. Therefore, if you’re awarded $100,000 but are found to be 40% at fault for the accident, then you’ll only recover $60,000. That can drastically reduce your ability to recover from your injuries.

Take a holistic approach to your personal injury claim

To maximize your chances of obtaining the outcome you want from your personal injury case, you need to take a holistic approach and be thorough in developing both offensive and defensive arguments. So, take the time needed to adequately prepare your case so that you can set yourself on the road to success.

What are the rights of seniors injured in a grocery store?

Thu, 01 Jul 2021 14:41:07 GMT

Seniors in Miami take pride in their ability to remain independent. Many seniors can drive, attend church, enjoy recreational activities and do their own shopping. However, even a healthy senior can suffer a serious injury if they slip and fall in a grocery store or other business.

When this happens, they will want to learn more about their right to pursue a lawsuit. Florida law provides remedies for those who slip and fall on a spill in a store. However, if you are injured you do not want to wait too long to file a legal claim. If you do, you could lose the right to sue altogether.

Can I pursue a lawsuit for my slip-and-fall injury?

Under Florida law , if you are injured after slipping on a spill on the grocery store floor or the floor of any business, you may be able to sue the store for the damages you suffered. Compensation depends on whether the store knew or should have known of the spill and failed to remedy it.

If an employer knows of a spill but does not clean it up, rope it off or place a warning sign by the spill may be sued for their negligence. A store should have known of the spill and should have remedied it if the spill was on the floor so long that it would have been discovered through ordinary care. In addition, a store also should have known of the spill if such spills happen often and are foreseeable.

Do not wait too long to file a lawsuit following a slip-and-fall injury

It is important not to wait too long to file a lawsuit against a business for your slip-and-fall injury. This is because Florida has a “ statute of limitations ” that dictates the time period in which a person can pursue a legal claim. Once that time period is up, a person can no longer file a lawsuit. In Florida, the statute of limitations for slip-and-fall cases is four years.

A slip-and-fall injury can be life-changing for seniors

Seniors who slip and fall in a store can break a hip, suffer a head injury or suffer a spinal cord injury. Any of these injuries could be life-changing leaving a once-independent senior dependent on others for care. Some seniors will never completely heal from such injuries. Damages obtained through a legal claim can provide much-needed financial relief for injured seniors as well as hold stores responsible for their inaction.

Businesses owe all customers a duty of care.

Tue, 01 Jun 2021 14:41:07 GMT

When someone gives their money to a business, they expect the product or service they purchase to perform as desired. They also expect to conduct their purchase and leave in the same physical condition as when they arrived. But this is not always what happens. Rather, businesses sometimes take actions, or fail to actions, which directly lead to their customers being injured.

Duty of care

Florida law requires all businesses to exercise a reasonable degree of care to protect their customers from harm while they are on the premises. The premises must be maintained in such a way as to prevent potentially dangerous threats from injuring people.

Dangers can take many different forms. Liquids left exposed on a floor can create a safety hazard leading to a person slipping and falling. Improperly maintained equipment can malfunction when a customer is near it or even using it. Unsecured products or shelving can fall on customers, causing serious injuries to unsuspecting people walking by.

Negligence

When a business is aware, or should be aware, of a danger and fails to correct it, they have breached the duty they owe to their customers. If their failure leads to a person being injured, they can legally be held liable for their negligence .

Florida laws governing negligence give those injured the right to compensation for the injuries they sustain. But your ability to recover what you’re entitled to often turns on small facts discovered during a thorough investigation. If you are injured on the premises of another, seek the help of an experienced and knowledgeable professional to ensure you receive the compensation Florida law entitles you to.

Why do some car accident claims settle out of court?

Wed, 19 May 2021 14:41:07 GMT

A car accident can be a difficult experience for a Miami resident. Even though they happen frequently on Florida roads, motor vehicle collisions can cause injuries, property loss, and other damages to victims. They can take time to resolve and may create questions and concerns in the lives of those affected.

When facing these dilemmas related to motor vehicle accidents, victims can choose to work with trusted personal injury lawyers to help them answer their questions and understand their legal rights. Some victims may choose to litigate their claims while others may work toward the settlement of their claims with insurance companies and opposing parties. This post will discuss settlements and what they accomplish, but readers should understand that the contents of this post are informational and not legal advice.

What is a settlement?

A settlement is an agreement between parties regarding liability and compensation. Settlements are used in many different areas of the law, including personal injury law which covers motor vehicle accidents. When a motor vehicle accident victim settles their claims, they agree that they will not sue the opposing party in the future in return for receiving money from them to cover their accident-related costs.

When are settlements a good idea?

As stated, this post does not provide any legal advice. However, victims with minor or short-term injuries often can use settlements to resolve their legal matters quickly. When a victim has limited losses, they may be able to easily quantify them in a settlement agreement. However, when a victim has extensive losses or does not understand the true breadth of their damages, a settlement may curtail their recovery and fail to provide them with as much as they need to get back on their feet.

Whether a claim should be settled is up to a victim and their attorney. Settlements can work for some individuals but not others. Independent investigation into the benefits and drawbacks of settlements is recommended for those who have suffered losses in motor vehicle accidents .

What can you do if you slip on a spill in the grocery store?

Thu, 01 Apr 2021 14:41:07 GMT

Senior citizens in Miami may be proud that they can still do things on their own even if they live alone. Unfortunately, it only takes one accident for this independence to go away. For example, you could slip and fall on a spill at the grocery store. This could lead to broken bones, head injuries and back injuries that require surgery. Some of these injuries may even be permanent. People in such situations may want to learn more about their rights if they slip and fall at the grocery store and or another type of business.

What does Florida law say about slip-and-falls in businesses?

Under Florida law if you slip and fall on a spill on the floor of a business you may want to pursue a lawsuit against the business. If you do so, you need to be able to prove that the business knew or should have known that there was a spill. You will also need to show that the business failed to mop up the spill, place “slippery when wet” sign or otherwise do anything about the spill.

When should a business have known about a spill?

Sometimes a business actually knows a spill took place but do not do anything about it. But how can you show a business should have known about the spill? One way a business should have known about a spill is if, through ordinary care, they should have known that spills happen often and therefore could have been foreseen. Another way a business should have known about a spill is if the spill was on the floor for so long that they should have learned about it.

Learn more about slip-and-fall accidents in Florida

Slip-and-fall injuries can take away your independence in the blink of an eye. It is important to make sure that store owners who fail to clean up spills are held responsible for the mistake. This post only provides general information on this topic. It does not contain legal advice. Those who are interested in learning more about their rights may want to visit our firm’s website.

FLHSMV releases last year’s crash numbers and a new ad campaign.

kyle.taylor@levitateapp.com (Kyle Taylor) — Mon, 01 Mar 2021 14:41:07 GMT

The Florida Department of Highway Safety and Motor Vehicles has released last year’s motor vehicle accident numbers. And, with those numbers, the FLHSMV launched a new program to remind everyone to slow down this summer, the Safe Summer Travel campaign .

The car accident numbers

During the summer months last year (June and July), there were nearly 54,000 crashes. These crashes resulted in 526 deaths and almost 2,500 serious injuries. In addition, in just those months alone, 337 drivers were speeding, an over 13 percent increase from last year. According to the FLHSMV, these increased speeds is likely the reason for the increase in motor vehicle accidents and fatalities.

Safe Summer Travel campaign

As a result of this increase in crashes, fatalities and reckless driving, FLHSMV has launched their Safe Summer Travel campaign. The campaign’s main focus is speeding and aggressive driving. However, it is also focused on pedestrian safety, DUI and crash prevention, among many others. The initiative is especially important during the summer months when the state is flooded with tourists looking to experience our state’s beautiful beaches, theme parks, culture and food. And, of course, Miami, is a hot spot.

What if the summer is not so safe?

Unfortunately, living in a tourist mecca, like Miami, Florida, has its blessings and curses. We get to live in one of the best places in the world, with access to some of the best beaches, night life and food. But, in turn, we also have extremely congested streets with tourists and locals alike. This means, car accidents are just a fact of life. Though, if one is in a car accident, call a Miami, Florida, attorney immediately. The attorney will walk the accident victim and their families through the process of getting their just compensation.