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Don’t Let A Workplace Accident Stop You From Living Your Life

Don’t Let A Workplace Accident Stop You From Living Your LifeA serious, long-term disability is a traumatic experience. Losing a limb, becoming paralyzed, or even just losing full mobility in one hand is a tough pill to swallow, especially if there’s no chance of going back to the way things were before. However, life goes on no matter what happens to slow you down, and if you have a good support system in place you can bounce back to do even better than how you were before.

If your accident happened while you were at work, you have the advantage of getting treatment and a partial paycheck through workers’ compensation insurance. This no-fault insurance kicks in no matter what the circumstances are and can pay out for a long time after the accident depending on the kind of injury and how well you recover. You may also qualify for Social Security Disability payments, but SSD only pays out when you are completely unable to work for at least one year.

The money definitely helps, but many people collecting disability payments worry that if they recover too much they’ll lose their... ...read full post

Four Circumstances Not Covered Under Workers’ Compensation

Four Circumstances Not Covered Under Workers’ CompensationWhen you’ve been injured on the job, you have a right to workers’ compensation. However, there are specific circumstances where your injuries will not be covered by workers’ compensation. In these cases, you will need to meet with a personal injury attorney who can help you determine how to file a claim and what evidence you need to obtain compensation.

Understanding Some Important Basics About Workers’ Compensation

In order to understand what circumstances are covered by workers’ compensation, there are few things you need to understand about the law. Workers’ compensation is a program designed to support employees who get injured as part of their normal job duties. There are many jobs that contain a lot of injury risks such as a construction, working at sea, or dealing with aggressive patients or customers. These jobs are necessary for our society, so the law is designed to help protect both the employer and the employees so people continue working in these important fields. That is why it is ultimately considered a no-fault system.

Four Exceptions To Workers Compensation

There are some circumstances that are related to... ...read full post

GM Doesn’t Want To Join The Takata Air Bag Recall

GM Doesn’t Want To Join The Takata Air Bag RecallBack in 2015, the public found out that the vehicle parts supplier Takata was cutting corners and creating air bag inflators that were dangerous and, in some cases, deadly. The inflators worked fine when they were new, but over time the chemicals in the inflators would corrode their metal housing and cause it to break apart and become shrapnel when the air bag deployed. 250 Americans have suffered injuries because of this defect, and at least 16 Americans have died.

The Largest Ever Recall

Takata supplied just about every major automaker with their defective air bags, and they were a popular supplier since those cut corners let them offer the best prices. And since the defect only appears over time, companies installed their air bags in millions of vehicles built throughout a decade or more. As a result, the Takata air bag recall has easily become the biggest auto recall in history, and in the United States alone about 41.6 million vehicles have been recalled by their manufacturers.

Takata has long since gone out of business, but the recalls are still ongoing... ...read full post

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

Is Fault Always Automatically Assigned In Rear End Collisions?

Is Fault Always Automatically Assigned In Rear End Collisions?When being rear ended or accidentally rear ending someone else, the average driver believes that the person who hit the car in the rear is at fault. This is not always the case. Florida uses a system of comparative negligence. That means that insurance companies and courts look at the full circumstances of an accident, and split negligence according to the details among the drivers involved. Thus, negligence can also be proved by the driver who rear-ended the other driver.

Negligence In Rear End Collisions

When a driver's actions fall below an established and reasonable standard of care, they are considered to be negligent. So what would a reasonable person have done that the driver did not do that led to the accident is what determines negligence. In order to determine fault or “negligence”, the driver has to prove a reasonable standard of care existed. This is not all that difficult as it is reasonable for all drivers to exercise care and be observant when driving a motor vehicle. Then you must show that the other driver did not demonstrate a reasonable standard of care. Some... ...read full post

Pay Attention When You Cross The Train Tracks

Pay Attention When You Cross The Train TracksRecently, Florida has been expanding its high-speed rail lines. One such line connects Miami and West Palm Beach, allowing people to move across one of the most densely populated stretches of land in Florida. That’s great news for the people who would otherwise be stuck in traffic all day trying to get from one end to the other, but the train also comes with a downside. Because of the dense population, and because the high-speed rail line is so new, train accidents in Florida are on the rise.

A recent study by Injury Claim Coach cataloged the number of railroad crossing accidents from 2014 to 2018, and they found 462 reported accidents with 25 percent causing injuries and 16 percent causing fatalities. That number makes Florida the sixth biggest state for railroad accidents and 11th biggest for railroad fatalities.

The Causes

The majority of train collisions in Florida and the United States happen to road vehicles. Only a few pedestrians get hit by trains, but when it happens injuries and deaths are far more likely.

The most common locations for railroad ... ...read full post

Premises Liability And Three Degrees Of Responsibility

 Premises Liability And Three Degrees Of ResponsibilityPremises liability, also known as “slip and fall” laws, covers the responsibility that the owner and manager of a piece of property has to the people who set foot on it. The exact details can change from one state to the next, but in general every state in the Union divides visitors into three categories: invitees, licensees, and trespassers. Each group has different rights, and as the property owner you are responsible to each of them in different ways. That’s why it’s important to understand what the law says about each group.

Invitees

Invitees are people who enter a property for the financial or material gain of the owner along with people who enter property that’s open to the public in general. This can include:

• Shoppers, clients, and patrons of a store or restaurant
• Guests at a park
• Delivery persons who are dropping off packages or mail
• Contract workers like plumbers, electricians, and babysitters
• Hunters, loggers, and others who pay the owner to use the land

Because property owners and managers stand to benefit from invitees coming in, they owe them the highest duty of... ...read full post

Protecting Senior Drivers In Florida

Protecting Senior Drivers In FloridaFlorida is known for being a great place to retire. That means that there are many seniors on the road. However, as people age, they are not always capable of doing the same things they could do before. Health issues can affect driving abilities. Decreased vision or hearing as well as decreased mobility due to osteoporosis can impact the ability to safely operate a vehicle. As many seniors are able to continue to drive safely, it may be difficult to tell when a senior should stop driving. A good way to tell is if you notice your elderly relative is having near-misses or fender benders.A physician can also help decide if an elderly patient can no longer operate a vehicle safely, it is well for the senior to listen to that input.

Five Tips For Senior Driving Safety

Many seniors can prolong the time they can be on the road by following these simple tips:

• Stay Physically Active: Daily activities such as walking, stretching and strength training are great choices for seniors. These activities improve strength and flexibility making it easier to look around, back up the car and turn the... ...read full post

Stay Alert And Stay Safe On Your Family Vacation

Stay Alert And Stay Safe On Your Family VacationFlorida is a popular state for tourists and vacationers throughout the summer. The sunny beaches, warm climate, lively nightlife, and massive amusement parks draw in visitors from across the United States and beyond. Many of these visitors drive down from their home states, but because Florida is full of swamps, lakes, and wetlands they only have so many highways they can drive down. Florida is already a densely populated state, so when summer comes the highways can become dangerously congested.

That’s why it’s so important to stay alert and avoid driving while distracted, drowsy, or under the influence. Whether you come to the state in a family SUV or you rent a fast coupe after flying in, the highways and streets of Florida are dangerous enough without adding to your risk levels. Keep these important pointers in mind before you climb behind the wheel.

Delegate Your Kid Wrangling

Young children can be a real handful on a long road trip, especially if you don’t have enough distractions on hand to keep them busy. They also don’t always realize that you need... ...read full post

The Sode Case And The Limits On Discovery

The Sode Case And The Limits On DiscoveryDiscovery is an essential process in any legal case. During the discovery period, both plaintiffs and defendants have the right to investigate the incident in question and learn about the evidence, witnesses, and experts that the other side lines up to present their case. This is to make sure neither side gets ambushed during the trial by evidence they aren’t prepared for. After all, it can be hard to explain something suspicious when you’re on the spot, even if you have a good explanation.

Another reason why thorough discovery is important is because it encourages both sides to settle. When both sides know all the facts of a case, it’s often easy to see who has the better argument. That’s why it’s rare for a case to go to trial unless one side is being especially stubborn or the case is genuinely ambiguous.

Discovery’s Limits

Discovery is supposed to be thorough because it’s hard to know what’s relevant until you have all the information. However, you aren’t allowed to ask for everything. People have a right to privacy, so (for instance)... ...read full post

Understand Right Of Way Before You Go Boating

Understand Right Of Way Before You Go BoatingThe right of way and passing side is relatively easy to understand when you’re driving a land vehicle. Yellow and white lines mark off the different lanes and traffic directions, and depending on whether they’re solid or not you know when it’s okay to pass. Road lines don’t stop accidents from happening altogether, but they make accidents much less likely.

Unfortunately, when you’re on the water you don’t get a strip of pavement that shows you where to go or lines that mark what part of the road to stay on. Quays and marinas are clear enough about where you’re allowed to be and which ways to go, but when you’re out on the open water of Florida, whether it’s on the Atlantic Ocean, in one of the barrier island lagoons, or on a freshwater lake, it’s not always easy to tell what angle you’re meeting another boat at or which boat has the right of way. Fortunately, there are clear rules that dictate who gives way in every situation.

Head On

When two vessels face each other, both have an obligation to be... ...read full post

What Happens If Someone Gets Into An Accident While Driving My Car?

What Happens If Someone Gets Into An Accident While Driving My Car?Many of us have not thought twice about loaning their car out to a trusted friend or a family member. Your sister may need a bigger car for a special event or a good friend’s car is in the shop, you loan them yours. The majority of the time this is not a problem and your car is promptly returned when no longer needed. But what if an accident occurs to the car you loaned out? Who’s insurance pays?

Car Insurance Covers The Car

The popular belief with auto insurance is that the driver, not the car is insured. It is actually the reverse. As long as you have coverage it will follow your car. Your insurance is the primary coverage that will apply if the driver who borrowed your car has an accident. The person who is driving will act as a secondary insurance if your coverage is not enough. That is unless you know the person you loaned the car to is incompetent or negligent before driving off in the vehicle.

How You Could Be Held Liable

Some examples of... ...read full post

When Is The Right Time To Hire A Lawyer After An Accident?

When Is The Right Time To Hire A Lawyer After An Accident?There can be a lot of chaos and confusion after an accident. It’s never something you plan, after all, and both you and several other people may be seriously injured and have to deal with significant property damage. Then again, maybe someone rammed into your parked car and very courteously handed over their insurance information before leaving.

You don’t always need a personal injury lawyer to handle your case after a car accident or some other form of personal injury, and it’s true enough that hiring one means you won’t get the full value of your claim or settlement. However, a partial settlement negotiated with a professional lawyer can often be much bigger than a full settlement negotiated without one. If you run into any of the following issues or conditions, you should see a personal injury lawyer for at least an initial consultation.

There Are Many Parties Involved

If an accident involves just you and one other person, it usually isn’t that hard to figure out who’s responsible and which person’s insurance should pay for what.... ...read full post

Who Is To Blame For A Parking Lot Accident?

Who Is To Blame For A Parking Lot Accident?One of the tasks most people dread is going to the grocery store, especially on weekends. We all know people are supposed to drive slowly in a parking lot, but not everyone does and serious accidents occur. Many people are driving distracted. Most are in a rush and trying to get in and out as quickly as possible. All of these circumstances can not only lead to car on car accidents, but also shopping carts, pedestrians, and barriers can be hit. On the plus side, auto accidents in parking lots are usually not so serious because of the slower speeds, but determining who had the right away can be complicated. Here are some tips to help you determine who is at fault.

Right Of Way Rules In Parking Lots

Your typical parking lots have multiple lanes and the cars are parked on both sides. The following are several examples of common parking lot accidents and who is responsible:

● Rear End Collision: You stop at the end of the parking lane or stop for a pedestrian crossing and you get hit from behind. It... ...read full post

Will Workers’ Compensation Cover My Injuries If The Accident Was My Fault?

Will Workers’ Compensation Cover My Injuries If The Accident Was My Fault?Workers’ compensation is a system designed to protect both employees after they’ve been injured as part of their normal job duties and employers from costly personal injury cases. However, in the state of Florida, workers’ compensation laws are very complex. So filing a claim isn’t always straightforward. Insurance companies, attorneys, and courts look at the specific circumstances of the accident and try to apply the law as best fits before determining benefits. There are certain circumstances where this can be really complicated, such as when the accident was your fault.

No Fault Workers’ Compensation In Florida

Fortunately, in the state of Florida, workers’ compensation is on a no fault system. Workers who file for workers’ compensation do not need to prove fault. So if the accident was your fault, it does not matter. The law understands that people can sometimes make mistakes that can lead to injuries. For example, if you forgot to put your machinery in park and you were subsequently hit by it.

Exceptions To Florida’s No Fault Rules

Even though Florida uses a no fault system, there are some... ...read full post

Are You Ready For A Motorcycle Ride?

Are You Ready For A Motorcycle Ride?There is just something about the sense of freedom that motorcyclists get from hitting the open road on two wheels. They enjoy the wind whipping through their hair and the feel of it against their face. Also, the rumble of the engine gives the rider a sense of power and excitement. In 2017, Florida came in second only to California in the category of registered commercial, private, and publicly owned motorcycles at 586,267. Of course, that does not account for the number of bikes being ridden by people visiting from other locations.

In other words, lots and lots of motorcycles are on the open road in the Sunshine State during both the day and night. After all, there are all sorts of rallies and events always taking place, and people can't wait for the chance to come here. Unfortunately, due to the amount of vehicles in a single location, crashes are bound to happen from time to time, and motorcyclists usually sustain the most of the damage when cars, trucks, SUVs, or tractor-trailers are part of the equation.

Bikes do not have doors,... ...read full post

Bicyclists Beware, An Accident Could Occur While You Are Out And About

Bicyclists Beware, An Accident Could Occur While You Are Out And AboutBicycles are becoming a regular mode of transportation for a lot of people in the Sunshine State. Many folks choose to ride their bikes to work, school, stores, and numerous other places. Why? Well, naturally, each person has their own reasons for doing so, but one of the most common ones is money. Owning a car can prove to be very expensive. Firstly, there is the initial purchase of the vehicle, which can run a consumer anywhere between $1,000 and $80,000 or more.

Then, one also has to figure in the price of insurance, gas, maintenance, and keeping the auto's registration up to date too. Of course, if a person owns a truck, they also have to worry about friends continually asking them to help them move. Another reason why cyclists decide to ride their bikes everywhere is to help out the Earth in their own way. There is plenty of controversy surrounding the subject, but there is scientific research that proves global warming is taking place today.

Vehicles play a major role in the process as they emit carbon dioxide... ...read full post

Common Injuries Associated With Slip And Fall Accidents

Common Injuries Associated With Slip And Fall AccidentsTrips, slips, and falls happen more often today than one might think. According to research by the National Safety Council, approximately 9.2 million people sought treatment in emergency rooms for fall-related injuries in 2016. They can have short or long term effects on the individual. These events can occur at home, work, or somebody else's property, and unfortunately, sometimes, they lead to death as well.

If the issue happens at a place of business or at someone else's house, the injured party may be able to recover compensation for their damages. However, they must prove that the organization or individual was negligent in some way. For instance, perhaps there was liquid on the floor at a grocery store without a caution sign being present, or maybe a workplace had wires strung out across the floor instead of being installed properly. Then again, there could be a hole in a homeowner's yard that they neglected to fill in or tell anybody about.

The bottom line is that a lot of different things can cause slips, trips, and falls. Proving that the other party is... ...read full post

Could A Truck Accident Be In Your Future?

Could A Truck Accident Be In Your Future? Driving down the highway next to a traditionally-sized car, truck, or SUV can be intimidating enough, but when a tractor-trailer becomes part of the equation, things can be that much more stressful and overwhelming. Why? Well, the big-rigs are way larger than passenger vehicles. They need extra room to turn, change lanes, and stop. Speaking of stopping, eighteen-wheelers are a lot heavier too. Therefore, it is nearly impossible for them to brake on a dime.

In other words, if traffic comes to a screeching halt in front of one of the trucks, it might wind up slamming into the rear-end of another vehicle, causing them to hit an additional car and so forth, resulting in a pile-up. Aside from these things, the tractor-trailer drivers themselves can cause accidents too. For instance, these men and women spend a lot of time behind the wheel, which can lead to them becoming drowsy. In turn, if they become sleepy, they could swerve into another lane slamming into a vehicle next to them in the process.

Also, truck drivers are just like other people in this world, and... ...read full post

Did Your Job Cause A Repetitive Strain Injury?

Did Your Job Cause A Repetitive Strain Injury?A repetitive strain injury, known also as “RSI,” is an injury you incur as a result of repetitive movement and overuse from performing a physical task. RSI can affect employees in any industry including manufacturing, clerical, and healthcare. In Florida, individuals who have been hurt on the job are entitled to recover benefits under the state’s workman's compensation. However, no claim is more complicated than the ones related to injuries that have developed slowly over time.

Common Types Of Repetitive Strain Injuries

Repetitive movement over time creates a gradual degeneration and an employee can end up with a debilitating medical condition. In fact many RSIs can cause severe pain, swelling, numbness and even permanent nerve damage. Some common forms of RSI’s include:

● Carpal Tunnel Syndrome: Pinched nerve in the wrist causing numbness
● Cubital Tunnel Syndrome: Pressure on the ulnar nerve (funny bone) causing forearm pain, weakness in the hands.
● Rotator Cuff Injury: Muscles and tendons of shoulder causing a constant dull ache in shoulder.
● Loss Of Hearing.
● Tendonitis: Inflammation or irritation of forearm causing chronic pain and loss of motion of the shoulder.
● Bursitis: Small fluid filled sacs that... ...read full post