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A jury in Lake County has awarded $2.3 million in a Florida personal injury lawsuit filed by a woman whose car accident injuries occurred in two separate crashes: One in 2007 and another in 2014. West Palm Beach personal injury lawyers recognize that while it is unusual for such claims to take nearly 10 years to resolve, it’s not unheard of in a complex case where auto insurers fight tooth-and-nail. While successful settlement negotiation is often preferred, your attorney should not hesitate to press these claims to court if defendant’s settlement offers are too low. Florida personal injury lawsuit

According to a local news report of the injury case, the woman’s first Florida personal injury lawsuit was filed in 2010 (within the four-year statute of limitations for Florida injury lawsuits) after an uninsured driver crashed into her on State Road 50, resulting in damage to a disc in her vertebrae. At the time, plaintiff was living with her grandmother and was covered under her grandmother’s auto insurance policy (often such policies do cover resident relative drivers, though it’s important to check the exact language). That policy did provide protection for collisions involving uninsured motorists. The second crash occurred in 2013, which re-injured her back, requiring a spinal fusion surgery and installation of screws and other hardware. In the second crash, the insurer covering the at-fault driver only paid a small sum, leaving plaintiff again to compensation from her grandmother’s insurer for underinsured motorist coverage. The policy covered up to $300,000 in damages, but plaintiff’s medical bills alone were estimated at more than $550,000.

The insurer fought to discredit plaintiff’s claim for damages, arguing there was evidence of her doing things she would not be able to do were injuries as severe as she claimed, including kayaking, running, twisting and bending. Both sides in the Florida personal injury lawsuit hired expert witnesses to bolster their positions. In the end, jurors awarded compensation for past and future medical bills and past pain and suffering, as well as $1.3 million for future pain and suffering.  Continue reading →

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One of the first things our Plantation injury lawyers are asked by new or prospective clients is, “What is my injury case worth?” That is actually a pretty complex question, but we may be able to give a ballpark estimate fairly early on. What you should absolutely avoid, though, are accepting any personal injury settlement offers without discussing it first with your attorney. That’s because it’s very common for injury case defendants and insurers to toss out Florida personal injury settlement offers that may seem like a lot at first blush, but in fact are much lower than to what you might actually be entitled. personal injury settlement offer

Personal injury settlement offers are made by defendants (or more likely, the insurance companies representing those defendants) or plaintiffs in order to settle the case prior to a trial. Civil injury trials are time-consuming and expensive, and both sides have an interest in avoiding them if at all possible. That doesn’t mean Plantation injury lawyers should be quick to settle. We recognize that often the first offer made by insurers is not the best and final offer. Your lawyer should have a strong sense of how much your claim is worth as well as the tactics often employed by defendants in these cases.

This is especially important because of provisions of Florida law that penalize parties who reject reasonable personal injury settlement offers and end up with virtually the same or worse outcome at trial.

Florida Personal Injury Settlement Offer Statute Continue reading →

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When a spinal cord injury attorney examines the value of an injury lawsuit, he or she will look carefully at the long-term prognosis. In most cases where a spinal cord injury is “complete,” the likelihood one will ever walk again – or regain function of any significant degree at or below the injury site – is infintesimal. A spinal cord injury lawsuit centering on an incomplete injury may be return somewhat lesser damages for the greater chance there could be regained function, motion or feeling at or below the site of the injury. Still, if these functions aren’t restored within the first six months, the chances they will ever be are quite small.spinal cord injury attorney

However, the results of a recent experimental spinal cord injury treatment, published in the New England Journal of Medicine, reveals how a Florida woman was one of a handful of paralyzed patients who is reportedly “walking” again. The Citrus County woman, 23, was one of the patients who suffered a complete spinal cord injury, “signifying no voluntary movement or sphincter function below the level of injury.” Though some did retain some level of sensation, they were not expected to recover independent walking. The 14 test patient subjects were roughly 2.5 years to 3.3 years post-traumatic spinal injury for whom recovery was not forthcoming with locomotor training alone. Researchers with the Kentucky Spinal Cord Injury Research Center gave the patients some 278 epidural stimulation (electrical nerve stimulators placed in the spinal cord) and gate training over a period of 15 to 85 weeks.

All experienced voluntary movement with the implant, and also improved their bowel and bladder function. Four achieved independent standing and trunk stability. Two achieved over-ground walking (not on a treadmill). In addition to the young woman from Florida, the other person who regained walking function had been paralyzed from the neck down. When the stimulator is off, he is unable to even sit up. When it’s on, he can take small steps with a walker. Continue reading →

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One of the most frequently-asked questions of an Orlando medical malpractice lawyer is: How long does a medical negligence claim take? It’s an important one, so we understand why it is raised so often. However, the best answer we can give is: It depends. how long does medical negligence claim take

Some medical negligence claims can take a few months to resolve. Others can take several years. In cases wherein plaintiff must lobby a state lawmaker to file a legislative claims bill in order to collect on a trial court’s medical malpractice verdict against a public hospital or practitioner, it’s not unheard of for it to take over a decade. The same is true of general negligence claims, but one of the main reasons medical negligence claims can take so much longer is not only are they more complex, plaintiffs must meet the pre-lawsuit screening standards set forth in Chapter 766 of Florida Statutes, which deals with medical malpractice and related matters. These include the requirement to have an expert witness who meets the qualifications as set forth in F.S. 766.102, required notice before filing action, court-ordered arbitration, mandatory mediation and settlement conferences and immunity for a number of entities.

This is why many Orlando medical malpractice lawyers and injury attorneys will try if possible NOT to have the case classified as such. Although some cases can be categorized no other way, not all injuries that occur in a hospital are the result of medical negligence.

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A recent feature in The Chicago Tribune detailed the lifelong struggle of a child – now a man – diagnosed with Erb’s palsy shortly after birth. Today, the young man is now a junior at a university in Illinois, overcoming countless challenges following his birth injury in Florida that an Erb’s Palsy lawyer can explain impacts as many as two in every 1,000 babies, according to the American Academy of Orthopaedic Surgeons.Erb's Palsy Lawyer

The story detailed how the mother and son first realized the uphill battle they’d both face: When he was 6-years-old and cried because he was unable to tie his shoe with a single hand. His mother, however, would not allow her son to use the word, “can’t,” and instead spent months teaching herself to tie her own shoe one-handed so she could teach her son. That kind of persistence paid off, and today, the 6-foot-6-inch shooting guard (whose parents – both former college basketball stars themselves – still live in Florida) is considered an inspiring success story. However, a birth trauma attorney recognizes that such heartwarming successes do not come easy.

Those who suffer from birth injuries like Erb’s Palsy can expect long-term difficulty impacting not just their physical ability, but social development, educational opportunities and career prospects.

How a Palm Beach Erb’s Palsy Lawyer Can Help Continue reading →

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Construction accident attorneys in Orlando have been following the recent report of a tragic accident in which two workers died after falling seven stories from collapsed scaffolding at a hotel under construction near Disney.

Local news media reported four workers were standing on the scaffolding while working on a JW Marriott hotel when it collapsed, seemingly without warning. Two construction workers – ages 34 and 46 – fell, one was able to hold on and the fourth managed to climb to safety. The men were pouring concrete at the time of the tragic incident.Orlando construction accident attorney

Construction site injury lawyers use the term “accident” in these scenarios loosely because the reality is while such occurrences certainly are not intentional, they are nonetheless preventable. There are extensive industry standards and safety protocol where scaffolding is concerned. When followed to the letter – which employers, contractors and property owners have a duty to do – the risk of a collapse is almost non-existent.

The Occupational Safety and Health Administration (OSHA) makes those standards clear. The federal agency will be launching an investigation into this Orange County construction accident to ascertain exactly where this project when so horribly wrong. Workers injured in Orlando construction accidents (or survivors of those killed) need to know they may have numerous options for financial compensation. Although the physical and emotional pain of such losses is profound, it’s also true that the monetary impact can be devastating. Continue reading →

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If you have suffered a serious blow to the head that resulted from another’s negligence, you may have a strong claim for damages. An experienced traumatic brain injury attorney is necessary to help ensure you recover fair damages, given the potentially devastating and lifelong impact of such an injury.traumatic brain injury attorney

Examples of traumatic brain injury causes that can warrant significant damages in Florida lawsuits include:

  • Auto accidents (including car accidents, truck accidents, motorcycle accidents, bicycle accidents and pedestrian accidents);
  • Defective products (toys, tools, cooking utensils, ladders, etc.);
  • Swimming pool/ drowning accidents;
  • Construction accidents;
  • Nursing home neglect or nursing home abuse;
  • Medical malpractice.

A recent study published in the Journal of Head Trauma Rehabilitation, analyzed the physical, cognitive and psychosocial factors associated with mortality among those who suffer chronic traumatic brain injury. They analyzed nearly 1,200 decedents and more than 10,800 control subjects, finding those more likely to survive had independence in mobility (the most strongly-correlated/ important factor). Another key factor was the degree of community participation. Those who survived longer tended to be more involved socially.

Caregivers were instructed to focus on these points. A traumatic brain injury attorney analyzing a case will also be looking at all these factors, and how one’s quality of life has diminished since the injury, in ascertaining what degree of damages to ask of insurers (or more likely the judge or jury). Although many Fort Lauderdale personal injury claims are resolved in pre-trial settlements with the help of an attorney negotiated on your behalf, many traumatic brain injury cases are heavily disputed in some regard, primarily because insurers recognize the profound financial implications.  Continue reading →

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Baby injuries caused by infant walkers have shrunk has the standards for these child products have tightened. Fewer people are using them and product designs are more stringent. However, a new study has found that despite this, there are still thousands of baby injuries every year, supporting the stance of may child safety, health and advocacy groups that these products should be banned. injury lawyer

It’s not a new position. For instance, the American Academy of Pediatrics has been pushing for a ban on these devices as far back as 1982, when concerns among health care professionals was first raised.

West Palm Beach defective product injury attorneys have noted many of the product liability lawsuits filed against manufacturers and distributors have founded their claims on theories of strict liability (unreasonably dangerous when used as intended), negligence (defective design, defective manufacturing and failure to warn) and breach of express and implied warranties concerning safety. Continue reading →

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The Goodyear G159 has been referred to in some media reports as “the worst tire made in history,” involved in as many as 98 crash deaths caused by tire problems. They are the subject of dozens of injury and wrongful death lawsuits and currently the focus of an investigation by the National Highway Traffic Safety Administration – despite never being recalled.tire blowout injury

In fact, according to a number of those lawsuits, the company has sought deliberately to conceal just how dangerous the tires were.

In one such case, a man packed up his family into their luxury motorhome in 2003, for aFlorida Disney World getaway, complete with his wife, adult son, daughter-in-law and two grandchildren. However, on the return trip home to Alabama, on I-75 in Georgia, the treads on the left front Goodyear tire began to come off. The driver struggled to keep control, but the RV crossed the median and plowed into an embankment. The vehicle, nearly 40 feet long, hit a direction sign, slid across the rest area entrance and hit a second embankment before stopping. The two women suffered broken backs. His son broke his hip. The driver was paralyzed but died months later of complications from crash-related injuries. Continue reading →

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Rock climbing injuries are on the rise, as more people are eager to take on the challenge of a fun, invigorating exercise they believe to be safe. It’s even become an Olympic sport, though not many are quite so serious about it. rock climbing injury

A recent report reveals more than 40,000 people have been treated at hospital emergency rooms from 1990 to 2007 for broken bones, sprains and strains and other rock-climbing injuries. The Nationwide Children’s Hospital in Ohio reports that’s a 63 percent increase.

Injuries are most commonly caused by falls, which account for 70 percent of all cases. The higher the fall, the more severe the injuries. Those who fall from heights of 20 feet or higher were 10 times more likely to be hospitalized, compared to those who fell from lower heights. Half of all injuries were fractures, sprains and strains with the lower body being most prone to injury. Continue reading →

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