Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt

by Swimming Pool Accidents

Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt 1 Swimming Pool Accidents South Florida Injury Law Firm

As the weather heats up, time in the pool becomes a necessity for many people. Nothing feels better than cooling off in a pool, whether you’re at your local swimming club or at a friend’s home. Unfortunately, swimming pools come with big risks, and Floridians should keep the potential for injury in mind before taking a dip.

As an experienced Florida personal injury lawyer, I’m well aware of the many different ways that people can get hurt in pools. Here are six ways you could potentially be hurt in a swimming pool this summer. Remember, the more you know, the more accidents you can prevent.

Diving Injuries

Diving is a fun way to show off and get into the pool, but shallow waters can cause life-threatening injuries. Swimmers should be cautious of the depth of the pool they are diving in. Above-ground pools, for example, are always too shallow for divers. Over half of all diving injuries occur in water that is four feet deep or less.

If a swimmer hits their head while diving or jumping into a pool, they should be sent to a doctor immediately. Even if the swimmer appears fine throughout the rest of the day, they may be at risk of a traumatic brain injury (TBI.) Over 1.7 million people suffer from a TBI each year, but half of these cases are not recognized or reported. These injuries only get worse if they are unchecked.

Disembowelment

This isn’t one many people think of – or realize – when thinking about pool injuries, but it can happen – particularly if kids aren’t careful. How?

If a young child is sitting near a pool’s skimmer box, the connected suction pump could eviscerate them. This is an especially gruesome and impactful injury. Evisceration can result in the victim needing their food to be administered through an IV, colostomies, or even death.

Other Drain Injuries

Pool drains and suction pumps can cause injuries apart from disembowelment. This area of the pool can create a suction that moves up to 500 pounds of force, so swimmers of all sizes should avoid the area. Suction from a pool drain may cause:

  • Loss of jewelry and accessories, or these items being pulled from and injuring or choking the swimmer
  • Loss of fingers, toes, hand or feet
  • Other organ damage

Skin Irritations from Chemicals

Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt 2 Swimming Pool Accidents South Florida Injury Law Firm

Conversely, if a drain is not properly working, injuries can still occur. Drains and suction pumps move chemicals throughout the pool to kill bacteria and keep the area clean. If the drain is malfunctioning, or the owner of the pool is not properly maintaining it, a variety of injuries can occur.

The presence of bacteria and a high concentration of bacteria-killing chemicals could cause:

  • Skin and eye irritation
  • Stomach problems and infections
  • Further injury to existing cuts or lacerations (infections)

Lacerations and Cuts

Proper pool maintenance also involves checking the pool for potential risks of lacerations or cuts. Over the years, pool lining can get ripped or torn. If these materials have sharp edges, swimmers can get cut while they are playing or running. Inground pools that are surrounded by concrete also pose a big risk for swimmers.

Even a small cut poses a big risk. As we mentioned earlier, a cut can become seriously infected if it comes into contact with the wrong bacteria or chemicals. If you notice that a loved one has suffered cuts while swimming in a pool, take proper care to treat the cut and remove the person from that area until the cut is healed.

Drowning

Drowning is one of the most common and serious pool injuries. Nine people drown in America every single day. Children are at an especially high risk – drowning is the second-leading cause of unintentional death for children ages 1-14.

Drowning doesn’t just occur when inexperienced swimmers get in the water, though. All it takes is lying face down in 30 mm of water for someone to drown. A victim may drown because of an injury that occurs in the pool, horseplay, or overcrowding. Stay alert for signs of drowning to keep your loved ones safe this summer.

Being Alert to Swimming Pool Dangers Can’t Always Save You

These aren’t the only possible injuries that you might experience at a pool. Your best way to stay safe is to remain alert at all times and prepare ahead of time.

Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt 3 Swimming Pool Accidents South Florida Injury Law Firm

Unfortunately, even the most prepared people cannot account for the negligence of others, and if you or someone you love is hurt, you owe it to your family to hold them accountable

Reach out to a Florida personal injury lawyer today about your options for compensation.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Helping mariege Women

by Uncategorized

When, while the lovely valley teems with vapour around me, and the meridian sun strikes the upper surface of the impenetrable foliage of my trees, and but a few stray gleams steal into the inner sanctuary, I throw myself down among the tall grass by the trickling stream; and, as I lie close to the earth, a thousand unknown plants are noticed by me: when I hear the buzz of the little world among the stalks, and grow familiar with the countless indescribable forms of the insects and flies, then I feel the presence of the Almighty, who formed us in his own image, and the breath of that universal love which bears and sustains us, as it floats around us in an eternity of bliss; and then, my friend, when darkness overspreads my eyes, and heaven and earth seem to dwell in my soul and absorb its power, like the form of a beloved mistress, then I often think with longing, Oh, would I could describe these conceptions, could impress upon paper all that is living so full and warm within me, that it might be the mirror of my soul, as my soul is the mirror of the infinite God!

O my friend — but it is too much for my strength — I sink under the weight of the splendour of these visions! A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart. I am alone, and feel the charm of existence in this spot, which was created for the bliss of souls like mine.

I am so happy, my dear friend, so absorbed in the exquisite sense of mere tranquil existence, that I neglect my talents. I should be incapable of drawing a single stroke at the present moment; and yet I feel that I never was a greater artist than now.

When, while the lovely valley teems with vapour around me, and the meridian sun strikes the upper surface of the impenetrable foliage of my trees, and but a few stray gleams steal into the inner sanctuary, I throw myself down among the tall grass by the trickling stream; and, as I lie close to the earth, a thousand unknown plants are noticed by me: when I hear the buzz of the little world among the stalks, and grow familiar with the countless indescribable forms of the insects and flies, then I feel the presence of the Almighty, who formed us in his own image, and the breath of that universal love which bears and sustains us, as it floats around us in an eternity of bliss; and then, my friend, when darkness overspreads my eyes, and heaven and earth seem to dwell in my soul and absorb its power, like the form of a beloved mistress, then I often think with longing, Oh, would I could describe these conceptions, could impress upon paper all that is living so full and warm within me.

Injuries at Florida Summer Camps – How to Protect Your Kids and Family

by Children Injuries & AccidentsSummer Camp Accidents

Injuries at Florida Summer Camps – How to Protect Your Kids and Family 4 Swimming Pool Accidents South Florida Injury Law Firm

Summer camp is a great way for children to enjoy time off from school and enjoy the outdoors. However, injuries do occur at summer camps and because of that you have to be careful about where you choose to go and protect yourself as much as possible.

How?

In this post, we’ll outline common injuries and what you can do to make sure that both you and your child are protected.

Common Summer Camp Injuries

Here are the most common types of summer camp injuries your child may experience.

Rashes and bites

Being in the great outdoors means your child could be exposed to poison ivy or poison oak, which cause painful rashes. Your child could get stung by a flying insect or bitten by an animal. If you know your child is allergic to bee stings or certain plants, make sure to inform the camp of your child’s allergy and pack necessary medication.

Bone fractures

Your child may take a fall while playing sports, climbing a tree, or navigating a hiking trail. Any of these accidents and dozens more can cause fractures.

Fractures can also occur for slip and fall injuries due to wet or cluttered floors. If the camp doesn’t do a reasonable job of keeping floors safe, you may have grounds for a premises liability claim.

Concussions

A concussion is a serious brain injury that can have long-lasting effects like seizures, impaired concentration, and even paralysis. It can result from a slip and fall injury or blunt force trauma to your child’s head.

If your child is engaging in activities where a fall is more likely, protective headgear must be worn. The camp is responsible to make sure your child is always wearing protective gear when the situation is warranted.

Burns

Campfires are a popular way to enjoy food and camaraderie at summer camp. However, many children every year are burned by campfires, hot coals, or hot food, and if yours is hurt due to negligence, you may be able to sue for compensation.

Water Injuries

Summer camp is an ideal place to enjoy the water, but water-related accidents  often result in serious injury or death. Camp staff members should supervise children during water play and be trained in rescue and resuscitation efforts. If the camp fails to perform their duties, you may have grounds for a lawsuit.

Ways to Make Sure Your Child – and You – are Covered in the Event an Accident Occurs

Check accreditation. Every camp has to be licensed – that’s not an option. What they don’t have to be is accredited, and that’s often what sets the truly good, safe camps apart from the fly-by-night operations that may not be able to cover the cost if your child is injured and it’s their fault.

Ask about insurance. Insurance should be a requirement as well, but it’s always good to confirm that a camp is actually insured and learn exactly what their insurance covers and how much it covers.

Get insurance – if necessary. That’s right. Many people don’t realize it, but it’s possible to get insurance that covers the possibility of camp injuries. Check to see if your insurance will cover accidents and injuries that occur at camp, and if it doesn’t, do some research into how to get camp insurance.

Fight Back If Your Child Is Injured at a Florida Summer Camp

You may have signed a waiver that says the camp isn’t liable if something happens. However, a waiver is not necessarily ironclad.

Injuries at Florida Summer Camps – How to Protect Your Kids and Family 5 Swimming Pool Accidents South Florida Injury Law Firm

If your child has been injured, consult with an experienced Florida child injury attorney. We will provide a free case review to determine whether you are able to file a claim to receive compensation. 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back

by Sports Venue/Stadium Injuries

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back 6 Swimming Pool Accidents South Florida Injury Law Firm

Last year, a young fan was seriously injured when struck by a foul ball at Yankee Stadium. What happened?

A 2-year-old girl was sitting on her grandfather’s lap while attending a game. She was struck in the eye by a 105-mile-per-hour fastball, which spun off the bat of Todd Frazier. The little girl spent more than a week in intensive care.

After the incident – and others – Major League Baseball faced pressure to put more restraints in place to protect fans from foul balls. In 2018, all 30 teams placed protective netting all the way into the outfield – but are those changes really enough to protect you?

In this post, we’ll recount a number of well-known sports fan injuries, then discuss what you can do to fight back if you are injured while watching the team you love.

Famous Fan Injuries Over the Years

Unfortunately, the 2-year-old fan mentioned above isn’t the only one who has made headlines with a sports venue injury. Here are other stories that made the news over the years:

2013

A woman was struck in the face with a hockey puck at a Blackhawks game.

Thirty fans were injured during a car crash at the Daytona International Speedway.

2011

A man was permanently injured when a foul ball struck him in the eye at Yankee Stadium.

A fan died after reaching for a foul ball at a Texas Rangers game.

2009

Seven fans were injured when a car flipped over at the Talladega Superspeedway.

2008

A broken bat broke a woman’s jaw at Dodger Stadium.

2002

A girl died after being struck in the head by a flying hockey puck at a Columbus Blue Jackets game.

1999

Three fans died and eight others were injured after a crash occurred at the Charlotte Motor Speedway.

1998

After a crash at the Michigan International Speedway, three fans died and six others were injured.

1970

A man died four days after being hit in the head by a foul ball at Dodger Stadium.

Sports Venue Injuries are Premises Liability Cases in Florida

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back 7 Swimming Pool Accidents South Florida Injury Law Firm

If you are injured as a fan at a Florida sporting event, who can you hold responsible? A skilled attorney will know which parties you can expect to compensate you for your injuries.

The owner of the sports arena has a duty to provide a reasonably safe experience for you as a patron. This duty is referred to as premises liability if any harm comes to you due to the property owner’s negligence. If you are injured because a property owner failed to provide reasonable protection for you, you may be eligible to file a premises liability lawsuit.

There are three basic reasons for premises liability claims in sports venues. If you experience injury due to a falling object, a flying object, or a slip and fall under unreasonable conditions, you may be able to file a lawsuit against the negligent party.

The property owner has a duty to correct any known hazards, post warnings of dangerous conditions, and prevent known dangers within reasonable expectations.

Elements of a Florida Premises Liability Case

Duty is only one of four required elements in a successful premises liability case. Your lawyer will need to prove that the other party breached the duty, which caused your injuries and created damages. All four parts must be involved: duty, breach of duty, causation, and damages.

For example, if the owner of a baseball venue did not fix a hole in the netting within a reasonable period, you could file a claim if a foul ball flew through the hole and injured you, resulting in medical bills. The owner’s failure to fix the netting creates an obligation to you for civil damages.

Negligence on part of the other party is key to a successful case. The other party must have acted unlawfully or wrongly to cause your injury.

Get Legal Assistance for Your Florida Sports Fan Injury

Premises liability cases can be complicated and challenging to win. You can expect the sports venue to resist taking responsibility and paying compensation. An experienced Florida personal injury attorney will fight for the compensation you deserve.

You may be able to file a case for the following:

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back 8 Swimming Pool Accidents South Florida Injury Law Firm

  • Medical bills related to the accident
  • Lost income
  • Permanent disfigurement or impairment
  • Projected future medical bills
  • Pain and suffering
  • Mental anguish

A skilled lawyer will be able to go over the unique facts of your case and tell you what your options are. Call today for a free consultation. 

 About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Types of Negligent Behavior Florida Pharmacists Can Engage In

by Pharmacy Negligence

Types of Negligent Behavior Florida Pharmacists Can Engage In 9 Swimming Pool Accidents South Florida Injury Law Firm

When you receive prescription medication, you should be able to trust that it is correct and medically beneficial to you. A pharmacist has the responsibility to make sure your prescription is correct. If negligence occurs, you could have serious or life-threatening injuries. If you believe you may have been harmed by a pharmacist’s negligence in Florida, you need to know what kinds of negligence are most common.

In this post, we’ll tell you what pharmacists are responsible for, the most common types of negligent behavior that occur in Florida pharmacies, and what recourse you have if you experience injury.

Pharmacist Responsibility in Florida

Here are the ways pharmacists are responsible to you:

  • Reviewing your medical history before giving you a prescription
  • Informing you about the medication’s possible side effects
  • Obtaining knowledge of other medication you take to prevent dangerous drug interactions
  • Contacting your doctor with any concerns about the prescription
  • Having a conversation with you about the medication

If a pharmacist acts with negligence, he or she fails to act according to acceptable standards. Any of the responsibilities listed above can be marred by negligence. If you have experienced injury due to pharmacist negligence, a knowledgeable Florida attorney can help you receive financial compensation for your losses.

Types of Negligent Pharmacist Behavior Floridians Should Watch For

Here are the most typical ways Florida pharmacists act with negligence.

Dispensing Incorrect Medication

If the pharmacist gives you the wrong medication, you may experience serious injury. A pharmacist may place the wrong medication inside your bottle, use the wrong label, or dispense the right drug with the wrong potency.

Pharmacists are also responsible for knowing discrepancies in pills. If the pharmaceutical manufacturer altered the pill form, the pharmacist should know and be able to avoid a mistake.

Fortunately, these types of pharmacist negligence cases are often successfully won by plaintiffs in court.

Lack of Knowledge

If your pharmacist fails to learn your medical history and allergies before medication is dispensed, you may be able to file a pharmacist negligence lawsuit for your injuries.

Whether you were visiting that pharmacy for the first time have gone there on many different occasions, the pharmacist has a duty to look at your medical history. If it hasn’t been provided by your doctor, the pharmacist must request it before giving you the medication.

Failure to obtain medical history information could lead to grounds for a personal injury lawsuit.

Failure to Consider Other Medications

Types of Negligent Behavior Florida Pharmacists Can Engage In 10 Swimming Pool Accidents South Florida Injury Law Firm

If you have multiple prescriptions, a pharmacist must know so he or she can make sure an adverse drug action does not occur. Even if you use different doctors and different pharmacies, it’s essential that the pharmacist learns about all your other medications first.

Negligent Acts by Others

Pharmacies are normally staffed with several assistants who help fill prescriptions. If anyone in the dispensation chain acts with negligence that harms you, you may be eligible to file a lawsuit against one or more parties.

Indirect Damage

Some pharmacist errors cause diseases to develop. Others shorten the patient’s lifespan or otherwise reduce a patient’s quality of life. Whatever your specific situation, you may still have grounds for a lawsuit if the acts had a negative impact on you.

Get Help Fighting the Pharmacy for Fair and Just Compensation

To win a pharmacy negligence claim, your attorney must be able to prove the following four elements as true:

  1. The pharmacist had a duty to provide care to you.
  2. The pharmacist did not reasonably meet the standard of care.
  3. The pharmacist’s negligence caused harm to you.
  4. Because the pharmacist caused you harm, you can seek damages (compensation) from him or her.

All four of these points must be proven to win your case. For example, you cannot file a claim if the pharmacist made an error, yet you didn’t take the pills.

If your case goes to court, both sides will rely on expert testimony by doctors and other pharmacists who will testify. Their testimony will help the judge and jury determine whether acts of negligence occurred. You must enlist the assistance of an experienced pharmacy negligence attorney for complicated cases like these.

Boca Raton Pharmacy Negligence Lawyer

When you file a claim, your lawyer will conduct research of your medical history, drug interactions, allergic reactions, and test results. You need to work with a knowledgeable Florida attorney who can increase your odds of securing compensation for medical treatment, loss of income, and pain and suffering.

Call for a free case review today with an experienced Florida personal injury attorney who will help you protect your rights. 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Teen Drivers: Why Floridians Should Steer Clear This Season

Teen Drivers: Why Floridians Should Steer Clear This Season

by Auto AccidentsDUI AccidentsTexting & Driving

Teen Drivers: Why Floridians Should Steer Clear This Season

In one recent Ohio accident, a 17-year-old driver was speeding and overcorrected, which ejected two teens from the vehicle and injured the other passengers. One of those teens was killed in the crash.

The reason the driver was speeding? The teens were running late to prom.

Over 5,000 teens are injured in car accidents every year across the nation during prom and graduation season, and one-third of teen driver accidents involve alcohol use. A full one-third of people under age 21 who die in accidents do so during graduation season, and many of them die in car accidents. Because of this, the months of April, May, and June are known as the most dangerous months for teens to be on the road.

It doesn’t end with teens, though – all Florida drivers need to be cautious. Even in the best of times, teens don’t typically drive with the same caution older drivers use. They take more risks and are less likely to make responsible choices in sudden situations. Teens are much more likely to be distracted drivers due to phone use, conversations, and peer pressure from teen passengers.

Now imagine that magnified by the lure of high school ending and the freedom of adulthood coming. Of teens wanting to have one last hurrah with their friends before they head off to college. That’s where we are right now.

Drinking and Driving on Prom or Graduation Night

Too many teens choose to celebrate these important life events with binge drinking. On graduation night, the percentage of alcohol-related fatal accidents moves up from 33 percent to 40 percent.

Teens often underestimate the risks of drunk driving. They may assume that someone at the party hasn’t had anything to drink and is safe to drive, but that’s frequently not the case.

If you are in an accident with a teen driver, the teen’s negligence may have caused your injuries, and you owe it to yourself and your family to hold them accountable for their actions and sue for compensation.

Understanding Florida Personal Injury Lawsuits

If you decide to file a personal injury lawsuit against a teen, here are the basics of car accident laws in Florida.

First, you must file a claim within four years of the date of the accident. If you don’t file within four years, you have no rights to compensation.

The court system will look at all parties involved in the accident and assign percentages of fault to each party. Your compensation will be reduced according to your percentage of fault.

For example, if you were speeding when the accident occurred, you may be held responsible for 20 percent of the accident. If the court decides to award you $100,000 for your injuries, that means the maximum amount you can actually receive under the pure comparative negligence rule is $80,000.

South Florida DUI Accident Lawyers

Florida also has a no-fault insurance law, which means that each driver is covered first by $10,000 in personal injury protection insurance. This applies no matter who is at fault for the accident. You can file for additional compensation only if the accident caused serious injuries. The courts also place caps on the amount of damages you can recover.

Want to learn more? Reach out today for a free consultation. One of our skilled Florida injury attorneys will be able to look at the facts of your case and tell you what options are available to you. 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Florida Insurers That Are Known for Bad Faith Practices

Florida Insurers That Are Known for Bad Faith Practices

by Auto AccidentsBad Faith Insurance

Florida Insurers That Are Known for Bad Faith Practices

When you think of insurance companies that try to scam their customers by acting in bad faith, you might assume that they’re smaller businesses. Low-rent organizations that you’ve never heard of and certainly wouldn’t use.

However, you may be surprised to learn that there are actually some truly big names on the list of Florida insurers that are known for their bad faith practices. In this post, we’re going to reveal the worst offenders where bad faith is concerned, then explain some things you can do to protect yourself if your claim is rejected.

Insurers That are Most Likely to Engage in Bad Faith in Florida

According to Badfaithinsurance.org, the worst 10 insurance companies who act in bad faith include the following:

  1. Allstate
  2. State Farm
  3. The Hartford
  4. Unum
  5. Farmers
  6. Lloyds
  7. MetLife
  8. Liberty Mutual
  9. American Family
  10. Auto-Owners

Some of those names you may not have ever heard of, but many of them are stalwarts in the industry – including the first two on the list!

How did Badfaithinsurance.org come up with this list? The worst offenders were selected from 3,693 companies representing 655 groups.

Let’s look at a few of these companies in detail to discover why they ranked so high in bad faith insurance practices:

Allstate

Simply put, the company consistently refuses to pay claims. They also have a high rate of customer dissatisfaction, resulting in many lawsuits. It’s also worth noting that Allstate was also ranked as the worst offender by the American Association for Justice.

State Farm

State Farm has consistently ranked in the top three worst offenders for years. They have a poor record of failing to pay claims and a high number of lawsuits.

The Hartford

Known for frequent denials of claims, The Hartford often ranks high in bad faith insurer categories. Many customers complain about foul play and victimization.

Unum

This company denies legitimate claims over and over – even after appeals are made. They are also known for unreasonable delays in processing claims. Fraud has been widespread within their ranks.

Farmers

This insurance giant lets homeowners and businesses down with its failure to pay. They have inflated premiums and given commissions for shady behavior. Policyholders often complain about failure to pay legitimate claims.

Filing a Florida Bad Faith Insurance Lawsuit

If you are the victim of a bad faith insurance scheme, you need the help of an experienced attorney who can assist you in recovering the payments you deserve.

As a policyholder, you can expect claims to be paid under your policy terms. Yet insurance companies may use several tactics to avoid paying you, even for a legitimate claim. Here are some of the ways insurance companies resist making payments:

Filing a Florida Bad Faith Insurance Lawsuit

Delaying processing – An insurer may drag out the normal filing process to avoid making a payment.

Skewing evidence – Insurers may select arbitrary evidence to support their position of denying the claim.

Using invalid claim reviews – Some insurers reject personal injury claims based on the testimony of a doctor who hasn’t even seen the insured for a proper examination.

Failure to conduct thorough research – You deserve for every aspect of your case to be reviewed, not only the parts that favor the insurer’s position.

Using deceptive practices – An insurer may offer to pay less than your policy states, fail to inform you of a filing deadline, or use untruths when explaining your coverage.

Cancelled policies – In the worst cases, an insurer may simply cancel your policy to avoid paying your claim.

The Five Factors Florida Uses to Determine Bad Faith

Florida law requires that bad faith insurance cases are filed “after a third party obtains a judgment.” These five different factors must be considered to determine whether bad faith has occurred.

  1. How coverage applies to the claim
  2. Whether the insurer conducted a thorough investigation into the claim
  3. Whether the insurer resolved the issue in a reasonably timely manner, without prejudice
  4. Whether the insured received a notice of the insurer’s right to deny coverage along with a defense of why the claim was denied
  5. Whether the insurer tried to settle the claim despite the dispute over coverage

If the claim is covered under your policy and the liability is clear, yet your insurer fails to pay, you may be eligible to receive compensation for your losses. You may be able to file for compensatory damages as well as punitive damages.

These cases can be complicated and difficult to win. You need the help of a skilled Florida bad faith insurance attorney who has successfully handled cases like yours before. A tough defender will fight the insurance companies to get you the compensation promised under your policy.

The Five Factors Florida Uses to Determine Bad Faith

Bad faith insurance claims need to be filed within strict timelines and under specific regulations. You’ll need to provide as much documentation as possible when filing your claim. A skilled lawyer will guide you through the process and conduct a thorough investigation into your case, looking for the best ways to defend your claim.

Ready to file a lawsuit? Call us today for a free case review. We’ll look at the details of your bad faith insurance case and help you understand your rights to compensation.

 About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Most Common Reasons for Wrongful Death Claims in Florida

Most Common Reasons for Wrongful Death Claims in Florida

by Wrongful Death

Most Common Reasons for Wrongful Death Claims in Florida

The death of a loved one shakes a family to its core, bringing with it an enormous personal loss. If the death could have been prevented, this injustice tends to be difficult for surviving family members to comprehend.

If the deceased was a primary provider for the family or substantial medical or funeral expenses were incurred as a result of an accident or illness, their death may also leave the surviving family with an insecure financial future.

A wrongful death lawsuit can help address some of these concerns. Holding the responsible parties accountable for their negligent actions can bring about some sense of closure, and in some cases could help prevent future accidents. Moreover, seeking financial damages can help ensure a secure financial future for surviving family members.

Unfortunately, history does tend to repeat itself with wrongful death claims, as a majority of Florida wrongful death suits fall into the common categories of automobile and pedestrian accidents, premises liability accidents, product liability, and medical malpractice.

Automobile Accidents

Around 3,000 Floridians perish in automobile accidents annually, making car accidents a leading cause of accidental death. Unfortunately, many fatal auto accidents could be prevented but for the negligence of the at-fault driver. Moreover, many fatalities occur due to driving while intoxicated, which is both absolutely preventable and unacceptable.

Pedestrian and Bicycle Accidents

Florida has the highest rate of bicycle fatalities of any US state, with around 800 fatalities annually. Due to the thriving tourist trade and inviting climate, Florida cities also have a substantial amount of foot traffic, making pedestrian accidents common as well.

These tragic accidents are sometimes unavoidable on the part of the motorist, but in many cases could have been prevented if the motorist had been paying proper attention to the road.

Premises Liability Accidents

Slips, trips, and falls are very common, and can often lead to debilitating or even fatal injuries. In many cases these accidents are caused by negligence on the part of the property owner. For example, many such accidents occur due to unmarked wet floors, slick spills that have been neglected, unsecured rugs, or clutter in hallways.

Product Liability

Manufacturers are obligated to ensure that products offered for sale are safely designed and manufactured, and do not pose an unreasonable risk to consumers. Unfortunately, design and manufacturing flaws often slip through the cracks, putting unsafe products into the hands of consumers. Many times, these products can cause serious or fatal injuries, making product liability a leading cause of wrongful death claims.

Medical Malpractice and Medication Errors

We seek out medical care for ourselves and our loved ones, trusting that medical providers will provide competent care that improves the patient’s condition – or at least does not harm them. However, errors on the part of medical caregivers are unfortunately very common, which can lead to the wrongful death of a patient in extreme cases.

Medication errors are a particularly common cause of medical injuries and deaths. This could be due to dosing errors, failure to identify adverse interactions between medications, or failing to inform the patient of the risks associated with a medication.

Considering Seeking Wrongful Death Damages in Florida?

South Florida Wrongful Death Lawyer

If you have recently suffered the loss of a loved one, you may be left trying to make sense of this tragic occurrence, particularly if the death may have been preventable. Seeking damages through a wrongful death claim could help to bring some sense of closure to your loss and secure your family’s financial future.

A compassionate but proactive wrongful death attorney can help to evaluate your case and advise you of your family’s rights. Get in touch with our office today.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Top Reasons Floridians Should Use Ridesharing Services         

Top Reasons Floridians Should Use Ridesharing Services         

by Ride Sharing Accidents

Top Reasons Floridians Should Use Ridesharing Services         

There are many good reasons for Floridians to use rideshares. Like what? In this post, we’re going to dive into just a few of them to show you why you might want to consider opting for a rideshare the next time you need to get from point A to point B.

Ready? Let’s go.

Safer Option When You’ve Been Drinking

Services like Lyft and Uber are widely used among those who want to go out and enjoy drinks with friends, but not get slapped with DUI charges by driving home under the influence. The growth in their popularity has correlated with a decrease in Florida DUI injuries and deaths between 2013 and 2016.

Cost-Effective and Convenient

Across the globe, over one million rides are requested on a weekly basis. Ridesharing is often more cost-effective for commuters and can cost half as much as transport by taxi in some situations.

Moreover, it’s convenient. Anyone with a smartphone can quickly request a ride through several ridesharing apps. You don’t have to wait for a cab or preschedule a pickup, either – a rideshare is typically available in mere minutes.

You don’t have to carry cash since your credit card is automatically charged on the ridesharing app. This is a huge bonus for people who don’t normally have cash on hand. The app even handles the tip for you.

You will find frequent coupons in the app, too, which aren’t available through public transportation or taxis. Another bonus is you’ll know ahead of time what your bill will be – yet another improvement over a taxi ride.

Provides Social Connections

People enjoy connecting with others during ridesharing. Most rides can accommodate up to four passengers, and often connections occur during conversations on the ride. Sharing the ride with others also cuts down on your costs. You can even split the bill with a friend within the app.

Relieves Traffic Jams

Ridesharing also relieves some road congestion during peak travel times. Commuters are always looking for faster ways to get to work or back home, and ridesharing offers more creative solutions.

Improves Air Quality

As more people combine rides through ridesharing, the air quality improves due to fewer vehicles on the road. This is a good change for our environment, which will only continue to grow as ridesharing services become more popular.

Grants Mobility to Homebound People

Ridesharing also helps people stay mobile in areas that don’t have sufficient taxi services or public transportation. They make travel possible for people who may have been housebound before.

Stimulates Job Growth

Another benefit of ridesharing is providing jobs for people who want to work on flexible schedules. They can find a steady source of income through working for a ridesharing service.

Why Ridesharing Is Gaining in Popularity in Florida

Saves Time on Regular Commutes

If you commute every day, ridesharing may be a big timesaver. You only stop at your destination, not several stops along a lengthy route. It’s worth considering a switch to ridesharing if commuting is a necessary part of your workday.

Handy Option for Small Business Owners or Frequent Travelers

If you use ridesharing for your business, your expenses can be easier to track as compared to using taxis or other travel companies, where receipts are hard to come by. Rideshare apps allow you to track expenses online, which can be a headache saver for small business owners or those who travel for their jobs.

A Sign of What the Future Holds

Ridesharing may involve self-driving cars soon. It’s estimated that by 2020, over 10 million self-driving cars will be on American roads, and many of these cars will be involved in ridesharing.

How to Protect Yourself Against Ridesharing Negligence

How to Protect Yourself Against Ridesharing Negligence

Even though ridesharing clearly has benefits, not every ride will go smoothly. If you are injured in a rideshare, you need to know your rights.

If you wish to file a personal injury claim, call a trusted Florida injury attorney today to discuss the details of your case. We can help you determine who is at fault for the accident and how they can be held accountable for your medical expenses, lost income, and pain and suffering related to your injury. Call for a free consultation today.

 About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

More Tesla Self-Driving Crashes – Who's Liable in Florida?

More Tesla Self-Driving Crashes – Who’s Liable in Florida?

by Auto AccidentsDriverless Vehicles

More Tesla Self-Driving Crashes – Who's Liable in Florida?

Several self-driving Tesla car accidents have occurred over the last few years, and the company keeps blaming drivers for the mistakes. Is the answer really that straightforward, though? Who is really at fault for the crashes?

Below we’re going to dive into the specifics of one particular case, as well as what the investigations into these crashes have turned up, then talk about what Florida product liability laws have to do with cases like these.

Tesla Blames Driver for Recent Car Crash

The family of a man from Mountain View, Calif. is suing Tesla Inc. for wrongful death after his SUV crashed into a concrete barrier and collided with two other vehicles in March.

The company states that the driver knew the Autopilot function was not reliable in the location where the crash occurred, but he used it anyway. Tesla Inc. says the crash occurred when visibility was good and the weather was clear, indicating that the fault lies with the driver, not the vehicle.

The Tesla Autopilot feature regulates several driving functions without input from the driver. It automatically navigates lanes, adjusts cruise control, and turns into other lanes when the turn signal is on as long as conditions are safe.

The Autopilot function on Tesla vehicles requires drivers to keep their hands on the wheel. If the driver removes his or her hands from the wheel, sounds and visual alerts are enacted. On the day of the accident, the alerts sounded and flashed several times before the driver died. However, drivers don’t always heed the alerts.

The attorneys for the driver’s family claim that the Autopilot feature was defective and played a role in his death. Even though Tesla has refused to make further statements about how many times the alarms sounded that day, the Autopilot system is supposed to disengage after a certain number of alerts.

The National Transportation and Safety Board (NTSB) is investigating two other cases of Tesla crashes. In May 2016, a Florida man died in a high-speed crash when relying too much on the Tesla Autopilot system. In August 2017, an owner lost control of his Tesla due to a battery fire and crashed into his garage.

The NTSB has recommended that automakers who install semi-autonomous systems enact other measures to ensure that the system is not used. GM uses a camera system to track when a driver is looking forward. Only then will the semi-autonomous system work.

What Does This Have to Do with Product Liability Law in Florida?

The big question here is whether or not Tesla has a defective product in their vehicles with Autopilot. Here are the forms of product liability cases related to vehicles in Florida.

Defective Design

If the vehicle design presents a hazard to you, you may be able to hold the manufacturer liable for injuries. A skilled attorney will know whether the vehicle design played a role in your injury.

Defective Manufacturing

If a part was damaged during the manufacturing process, it could present an unreasonable hazard.

Failure to Warn

In these cases, the vehicle manufacturer knew about the risks but failed to properly warn the consumer of them.

Do these apply to Autopilot? It’s probably going to depend a lot on the specific circumstances of each crash. Which is why if you’re injured, you need to…

South Florida Car Accident Attorneys

Talk to a Florida Injury Lawyer Immediately

If you have been injured in a car crash and you believe it was due to a vehicle defect, you need the help of a knowledgeable Florida personal injury attorney. Someone with years of experience who will fight hard against the auto manufacturers and insurance companies on your behalf. Call today for your free case review.

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.