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Tips For Driving In A Construction Site

Tips For Driving In A Construction SiteSummer is coming, and in Florida, that means road construction season. So it’s a great time to refresh your driver safety before hitting the roads. If you follow these basic safety tips then you can avoid getting into an accident in a construction zone.

Construction Zone Accident Statistics

Construction zones are unpredictable and many people don’t know how to navigate through them safely. Here are some important statistics about construction zone accidents:

Around 50% of all accidents in Florida happen in a construction zone
There are an average of 87,000 accidents in construction zones every year nationally
Around 500 of these accidents resulted in a fatality
An average of 50,000 result in injury
Florida has the third highest number of construction zone accidents in the county
In Florida, there are around 50 fatalities resulting from a construction zone accident


Causes Of Construction Zone Accidents

There are many causes of construction zone accidents. These causes can be broken down into two categories. The first, accidents that result from the road workers and engineers mismanaging the risks of a construction zone. The second... ...read full post

What Is A Class Action Lawsuit?

What Is A Class Action Lawsuit?You hear about them routinely on the news. You may have even recently been invited to join a class action lawsuit after purchasing a product or service. This may leave you wondering some pretty important questions like: What is a class action lawsuit? How can it help people? What are the benefits of joining a class action suit? So we’ve put together a simple guide so you can understand what exactly is a class action lawsuit and how it can help you.

What Is The Difference Between A Class Action Suit And A Regular Lawsuit?

Class action lawsuits, like regular lawsuits are pursued when a person has been injured by a defective consumer product or service. The key difference between a class action lawsuit and a regular lawsuit is the number of plaintiffs. In class action lawsuits, several people have been injured in the same or similar ways by the same product, so they work together to get compensation for their claim.

Types Of Class Action Lawsuits

Typically, class action lawsuits are filed against a company... ...read full post

What To Do When You’ve Been Hit By An Uninsured Driver

What To Do When You’ve Been Hit By An Uninsured DriverFlorida has the fifth highest rate of uninsured drivers in the United States. It is estimated that 23% of all Florida drivers do not carry car insurance. So what happens when you are hit by one of these drivers? How are you protected when they don’t have insurance? We’ve put together a guide of what to do if you’ve been hit by an uninsured motorist so that you, your family, and your assets are protected.

Why Are There So Many Uninsured Drivers?

Usually uninsured drivers are people who cannot afford insurance or do not believe they should be forced to carry insurance. Many times people will only buy car insurance for just long enough to register their car while other people will try to skirt the law by buying a policy for six months or a year, but cancel before making payments to have false proof of insurance. Other times they are drivers with no license, whether their license has been suspended or they are not... ...read full post

What To Do When Your Workers’ Compensation Claim Has Been Denied

What To Do When Your Workers’ Compensation Claim Has Been DeniedWhen you’ve been injured at work, regardless whether it was an accident-related injury, a cumulative trauma from physical stress or strain, or even an occupational disease, you are entitled to workers’ compensation. However, your employer or their insurance company may deny your claim leaving you to foot the bill for expensive medical treatments of long term disability. So what do you do when your claim has been denied?

Reasons A Worker’s Compensation Claim Could Be Denied

There are several factors employers and their insurance companies consider when investigating a claim. Many of factor things can lead to your claim being denied. The most common reasons a claim can be denied are:

The claim was not reported in the required time frame
Your employer may dispute the connection between your work and your injury or illness
Your insurance company or employer may not believe your injury is serious
There are discrepancies between your claim and your medical bills
There were no witnesses to your accident
You did not sign the proper authorization forms
You filed... ...read full post

Workers’ Compensation And Temporary Employees

Workers’ Compensation And Temporary EmployeesThere are currently around 4 million people working as temporary employees in the United States. That number is expected to grow as two in five companies will look to employ temporary staff this year. With so many temporary employees, it’s important to understand how workers’ compensation applies to temporary staffing so that both employees and employers are protected.

Do Temporary Employees Qualify For Workers’ Compensation?

Yes, temporary employees do qualify for workers’ compensation under both Florida state and national law. Temporary employees are considered to have a “joint employer,” which is a way of describing the relationship between the placement agency and the client company that has hired them temporarily. Typically the responsibility of carrying workers’ compensation falls to the placement agency. However, client companies can still be sued under their general liability coverage in the case of accident injuries, cumulative trauma, and occupational illness. Ultimately both joint employers could be responsible for compensating an injured employee.

Protections For Employers

If you are an employer staffing temporary employees, you need to make sure you are protected against excess liability. ... ...read full post

Understanding Premises Liability

Understanding Premises LiabilityIf you own any property, whether it is private property or property related to a business, you are liable for the safety of anyone on that property. This liability is known as premises liability. If you are not aware of your premises liability, you can put yourself at financial risk if someone is injured on your property. So if you own property or are considering purchasing property it is crucial you understand the basics or premises liability.

Your Responsibilities As A Property Owner

You have responsibilities as a property owner, whether you own private or public property. The most important responsibility is that you need to take reasonable care of your property. This is commonly referred to as “duty of care.” Duty of care basically means that you need to take care of your property to minimize any potential risks. In Florida, duty of care is predicated on whether or not any harm was foreseeable. This means that any harm was could be foreseen by the property owner. For example, if a property owner knew that their... ...read full post

The Basics Of Structured Settlements

The Basics Of Structured SettlementsIf you’ve been injured in an accident or as the result of negligence, many times insurance companies and businesses will settle with you out of court. One of the most common types of settlements is a structured settlement. A structured settlement is a payment schedule offered to the injured party as compensation. However, before you accept a structured settlement you should understand the basics.

What Is A Structured Settlement?

A structured settlement is an agreement reached between the injured party and the responsible party. A structured settlement is a series of regular payments paid over the course of several years or in catastrophic injury cases, potentially the rest of the life of the injured. These payments are usually made through a contract that sets up an annuity policy for the injured.

What Are The Benefits Of A Structured Settlement?

There are several benefits to accepting a structured settlement in an injury case. These benefits include:

Most structured settlements are tax free under U.S. Tax Code
The final amount of a structured settlement is usually more than a lump sum offer so... ...read full post

What You Need To Know About Youth Sports Injuries

What You Need To Know About Youth Sports InjuriesSports are a great activity for kids. They help promote physical health and well being, foster healthy competition, and encourage teamwork and social skills. Plus, sports can be a fun, beneficial way for kids to spend their free time. However sports are not always safe, so what happens if your child has been injured playing sports? We’ve put together a basic guide to help parents understand what to do if their child is ever injured.

Youth Sports Injury: A Serious Risk

Every year around 1.35 million children go to the emergency room for a sports-related injury and one in every five doctor’s visits were related to sports injuries for children between 6 and 19. The most common injuries include:

Muscle strains and sprains
Bone fractures
Contusions
Abrasions
Concussions
Lacerations
Dislocations
Dehydration


The most common sport that caused injuries was football, followed closely behind by basketball, soccer, and baseball. These sports are not necessarily more high risk, they tend to have more players nationwide so there is more exposure. However low contact sports like golf... ...read full post

Types Of Medical Malpractice

Types Of Medical MalpracticeWhen most people think of medical malpractice they think of doctor errors or mistakes. However, there are many other types of medical malpractice that can impact your and your family’s health and well being. We have put together this guide of the most common types of medical malpractice in case you or a loved ones has received negligent care.

Doctor Errors

Doctors errors occur when a doctor treats a patient without the competency required for the treatment. These errors can also occur if the doctor is negligent or distracted. Doctor errors can also concern prescribing the wrong medication or a dangerous dosage. Doctor errors can also happen during surgery, childbirth, the administration of anesthesia, and any other form of medical practice.

Surgical Errors

Surgical errors happen during surgery. Surgical errors are the result of a surgeon lacking the competence to perform the procedure, distractions, or can be deliberate. Surgical errors can also occur as a product of misdiagnosis and the surgeon does not do their due diligence to ensure they are performing a necessary or appropriate procedure.

Nurse Errors

Nurse errors are... ...read full post

What Is An Intentional Tort?

What Is An Intentional Tort?A tort is defined as a wrongful act that causes an injury. A tort can be the result of either negligent acts or intentional acts. An intentional tort is when a person, business, or organization intentionally caused the injury. Intentional torts usually require legal action to ensure the perpetrator is punished and the victim is compensated for their injury.

Types of Intentional Torts

There are several actions that can qualify as an intentional tort. Here are some examples of the most common types of intentional torts:

Assault: Assault is a threat or an attempt to injure another person.
Battery: Battery is hitting someone. Battery includes everything from punching or slapping a person to throwing projectiles to even shooting someone.
Wrongful death: Wrongful death is when the actions of one person cause the death of another.
Infliction of emotional distress: Infliction of emotional distress is when a person has used extreme behavior to scare or threaten another person.
Defamation of character: Defamation of character is when one person tells a damaging lie about another person.
Invasion of privacy: Invasion of... ...read full post

What You Should Know About The Disney Gator Attack

What You Should Know About The Disney Gator AttackThere has sadly been a lot of tragic events happening around Florida in the past few weeks including the alligator attack at Disney. It is scary for any parent to imagine losing their child or having them harmed by a wild animal. Unfortunately, this has become a reality for the parents of Lane Graves.

What Is The Disney Gator Attack?

A 2 year old toddler by the name of Lane Graves had been pulled into a lagoon near a Walt Disney World hotel by an alligator after he had be wading along the lake’s edge. His father and mother, who were at the scene, attempted to save their child by jumping into the water and trying to pry open the mouth of the gator. Sadly, their attempts were too late as the alligator had already pulled the child far enough to drown him.

An Unusual Situation

While those who might not live in the area might believe alligator attacks are a common occurrence, they are actually incredibly rare. Most alligators prefer to flee areas where humans are located... ...read full post

The Dangers Of Driving Drowsy

The Dangers Of Driving DrowsyThe dangers of drowsy driving do not receive nearly enough attention as it deserves. Mostly, because it often goes unreported and is much more difficult to pinpoint as a cause or factor in car accidents compared to factors like speeding or alcohol. However, the National Highway Transportation Safety Administration estimates that drowsy driving may contribute to more than 100,000 accidents per year. Though the NHTSA believes even that number is probably lower than is true.

According to the National Sleep Foundation’s Sleep in America poll, it was found that 60 percent of Americans have driven despite feeling sleepy and 37 percent have even admitted to falling asleep at the wheel within the past year. There is even a chance that the numbers are higher since many people are unable to tell whether they are about to fall asleep or have fallen asleep.

While you may believe that you can handle your sleepiness while on the road, you are putting yourself and others in danger each time you make that decision to do so. It is suggested that if you start to feel... ...read full post

9 Tips For Safe Boating

9 Tips For Safe BoatingWith the summer season finally here, many Florida residents are excited to hop on their boat and enjoy themselves. However, even an experienced boater can make mistakes. That is why it is always good and important to keep up with the latest safety rules and tips so you can better enjoy your boating experience this summer.

1. Be Aware Of The Weather Outside

You should always check the local weather before heading out on the boat. If you notice any darkening cloud, volatile and rough changing winds or a sudden drop in temperature, you should play it safe and get out of the water.

2. Follow A Pre-Departure Checklist

You need to be prepared for anything that might happen on the water. Having a pre-departure checklist is a great way to be sure that nothing important has been overlooked or forgotten.

3. Use Your Common Sense

One of the most important parts of boat safety is to simply use your common sense while on the water. This means always operating the boat at a safe speed, staying alert and aware of your surroundings, and steering clear of any... ...read full post

What To Do After An Accident With A Non-Resident Driver

What To Do After An Accident With A Non-Resident DriverIt is no surprise why Florida is called “the sunshine state” with its wonderfully mild and mostly pleasant weather. However, this means that throughout the year from summer vacation to the winter holidays, there are an abundance of visitors and tourists that are enjoying the weather with us.

While there is certainly plenty of ‘sunshine’ to go around, the increase of visitors also means an increase of drivers on the road and accidents.

At times it may just be a little fender bender with someone visiting out of state, but other times it can be a much more drastic change like when a British tourist forgets to switch sides while driving and accidentally crashes into another driver. In most car accidents, there are a lot of factors that will need to be looked into before deciding whether or not to go to court.

However, what do you do if the other driver isn’t from Florida or even from America for that matter?

Much like with any normal accident, the first thing you must do is... ...read full post

Need To Know: Child Safety Seat Recalls 2016

Need To Know:  Child Safety Seat Recalls 2016Your children are the most important thing in the world to you, so their safety is paramount. So far in 2016, the National Highway Traffic Safety Administration (NHTSA) has issued a notice of recall for four different brands of child safety seats. If you own any of these car seats, it’s crucial that you contact the manufacturer immediately to make sure your children are safe. Here is a rundown of these recalls and who to contact if you own one of these models:

Britax B-Safe 35

On February 23, 2016, the NTHSA issued a recall for the Britax B-Safe 35 child seats manufactured between October 1, 2014 and July 1, 2015 including models E9LU65M, E9LU65P, E9LU63F, E9LU66R, E9LS63F and EXLU65M, B-Safe 35 Elite child seats, models E9LS55T, E9LS56P, E9LS55U, E9LS66C and E9LS65U, and B-Safe 35 Travel Systems, models S914900, S915400, S915200, S921900 and S01635200. All of these models have defective carrying handles that may cause cracking around the base of the handle. This cracking could lead to the handle breaking while... ...read full post

Brian O Sutter
posted by Brian O. Sutter , in:
Recalls

The Best Crash Avoidance Technologies

The Best Crash Avoidance TechnologiesNew crash avoidance technologies have allowed manufacturers to make cars safer than ever. Crash avoidance technologies have already saved countless lives and reduced injury in even the worst auto accidents. So we’ve put together a comprehensive list of the best crash avoidance technologies to look for in a vehicle. That way, if you are ever in an accident, you are protected. So if you are thinking about buying a new or used car, consider getting one with these modern safety features.

Forward Collision Avoidance

Forward collision avoidance systems predict when a head-on collision is imminent. Using either a radar system or a combination of lasers and cameras, forward collision avoidance recognizes when a driver is about to have a head on impact and will either warn the driver or automatically brake and steer the wheel to avoid the crash. Since its introduction to the market, vehicles equipped with forward collision avoidance have seen a 10-14% reduction in accidents depending on model.

Adaptive Headlights

Adaptive headlights use a combination of steering unit, yaw, and wheel speed sensors... ...read full post

What You Need To Know About Volunteers And Worker’s Compensation

What You Need To Know About Volunteers And Worker’s CompensationWhether you own an organization that relies on volunteers, or you volunteer your time to a cause, it is important that you understand how worker’s compensation applies to volunteers. Most people assume that since volunteers are not full time employees, they are working at their own risk. However, there are certain cases where volunteers are eligible for worker’s compensation. Here is a rundown of how worker’s compensation applies to volunteers in the state of Florida.

Volunteers That Are Not Eligible For Worker’s Compensation

Florida Labor Statute 440.02, found here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html, defines eligibility for worker’s compensation as an “employee.” Employees include “any person who receives remuneration from an employer for the performance of any work or service.” The statute goes on to specifically exclude volunteers. As volunteers do not receive compensation for their work, they are no defined as eligible for worker’s compensation. So if you are a volunteer at a nonprofit or private organization and you are injured while volunteering, by law the organization does... ...read full post

A Glossary Of Personal Injury Legal Terms

A Glossary Of Personal Injury Legal TermsWhen you decide to pursue a personal injury claim, settlement, or even a lawsuit, legal terminology can be very confusing. Since only people in legal fields use these terms, sometimes all of the legal jargon can run right over your head. So to really understand the process you need to learn some important legal terms and their definitions. That way when you are in negotiations or even at trial, you can follow along confidently and make sure that no one is taking advantage of you. At All Injuries Law Firm we want our clients to feel empowered during the legal process, so we’ve put together a brief guide to some of the basic you will run into during a personal injury case.

Affidavit: A formal statement written under oath submitted to the court as evidence. Affidavits can come from witnesses, experts, or the plaintiff or defendant.

Answer: The defendant’s response to the allegations within a claim filed with the court.

Appeal: A challenge to the ruling on... ...read full post