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Articles Tagged with Florida personal injury attorneys

For better or worse, Florida has always had hurricanes. It is considered second nature to take steps to protect your property and your life, most often with insurance policies. However, sometimes the insurance company will not pay, or will not pay enough. After a hurricane, the last thing you need is an insurance dispute. If your insurer decides to dig in its heels, you need a Miami hurricane insurance lawyer on your side to help you fight for what you are owed. 

An insurance policy is a contract. An insurance company that does not honor the terms of that contract is in breach. The term used for when an insurance company breaches the terms of their own policy is ‘bad faith,’ and more specifically, ‘first party bad faith.’ Florida codifies the law on first party bad faith issues in section 624.155 of the Florida Statutes; while other states recognize a common law cause of action for a breach of the “duty of good faith and fair dealing,” Florida residents must follow the steps in the statute.

The statutory standard is laid out in the jury instructions given at the close of a civil trial. An insured has a valid claim of bad faith when an insurance company fails to settle a claim, when, if it had been acting in a fair and honest manner, it ought to have settled. This is the standard that must be proven in court. 

Just as it has enacted laws regarding driving a motorized vehicle while intoxicated, Florida also penalizes Boating Under the Influence (BUI). Unfortunately, the nature of water-based activities can make it difficult to enforce the laws, so marine accidents involving alcohol are still a common problem. According to the Florida Fish and Wildlife Conservation Commission (FWCC), drunk or drugged boat operation plays a role in around 23% of boating fatalities. With the Fourth of July right around the corner and water-based fun being part of the celebration, you can be sure that the risk of BUI accidents will be high. 

Victims do have legal options after being injured in a boating accident caused by impairment or any other form of negligence. A Miami boating and marine accidents lawyer can review your circumstances and explain the laws, since you may qualify for compensation. Still, it is wise to review some additional data to protect yourself and your family over this Fourth of July weekend.

Statistics on BUI and Boating Accidents

Possibly the most devastating news new parents will ever receive is a diagnosis that their infant suffered head injuries or traumatic brain injury (TBI). Various factors during gestation, during labor, and shortly after delivery can lead to serious, life-long medical conditions, including cerebral palsy, Hypoxic Ischemic Encephalopathy (HIE), or cognitive disorders. At such an early age, your newborn baby needs immediate and potentially extensive treatment. Limitations have impeded such efforts in the past, but a recently developed technology known as Magnetic Resonance (MR) Spectroscopy offers new hope for parents: This new scan could lead to detection of brain trauma in infants up to two years earlier than currently employed methods. 

Though the MR spectroscopy cannot reverse the damage, it can inform physicians and parents regarding a life care plan for the child. In addition, the technology can be useful when you are seeking your legal remedies through a medical malpractice claim. You should discuss your options with a Miami birth injuries lawyer, but an overview of this brain scan may be useful.

Key Findings on Detecting Brain Trauma in Infants

Whether you were hurt by an auto crash, slip and fall, or other accident, being injured sends you into a state of confusion. You might not feel extensive pain, but you can probably tell that your body endured significant trauma. Under the circumstances, the first questions that cross your mind are whether you need medical care and where to go for treatment. While the Mayo Clinic description on the differences between emergency rooms and urgent care facilities may guide you on one issue, you might be stumped about the other. 

The conundrum is a common one, since many accident victims may hesitate when they are not sure about the nature of their injuries. On this point, you should definitely seek immediate medical care for the following injuries so you can get on the path to recovery quickly. Plus, your decision making on treatment could affect your rights for reasons a Miami personal injury lawyer can explain in more detail.

  • Traumatic Brain Injuries (TBI): Because they can be serious even without prominent symptoms, medical care is essential if you suffered a head injury. If you lost consciousness because of the accident, urgent treatment is even more important to assess the full extent of your head injuries.

If you were hurt in an accident of any kind, your focus will be on recovery and getting back to life as you know it as soon as possible. Depending on the severity of your injuries, you may sustain significant losses as you incur medical bills, lose income from missing work, and endure considerable pain and suffering. It is a relief to know that Florida law protects your interests by providing you with legal remedies to obtain compensation for these losses, especially if your recovery is long-term or you are permanently disabled. 

However, there is one implication of an injury-causing accident that you might not have factored in — the consequences for your children. In many ways, they suffer along with you when you are unable to take an active role as a parent. Fortunately, Florida law also protects children in such a situation, and a Miami personal injury lawyer can explain in more detail. A summary of the relevant laws may help you understand the basics.

Overview of Florida’s Parent-Child Liability Law

Traumatic brain injuries (TBI) are among the worst, most catastrophic forms of bodily harm a victim can suffer in an accident, especially since the consequences and complications can be long term. The implications can range from minor neurological issues to post-traumatic stress disorder (PTSD) to extreme cognitive impairment. If you or a loved one suffered TBI in an accident, you may be pleased to learn that researchers from the National Institute of Nursing Research (NINR) have developed a predictability tool that can identify patients who may experience future neurological decline. With this information, you can work with your health care providers to develop a plan of care. 

However, the predictive technology may also support the pain and suffering component of your compensation in a personal injury claim. A Miami catastrophic injuries attorney can explain in more detail about how the NINR findings are a positive development for victims of TBI.

Overview of the NINR Study and Findings

If you were injured in a car accident, your health care providers may engage in numerous different strategies to assist with the recovery process and ease your pain. However, besides undergoing surgery and taking pain medication, your doctor may recommend physical therapy to get you back to health. This continuing treatment involves regular appointments with a practitioner to safely return your body to its pre-accident physical state, so it is important from a well-being standpoint.

In addition, sticking with your doctor’s orders for physical therapy is also important for your legal rights. You may not think about it as an important factor, but skipping an appointment could affect your compensation. Trust a Miami personal injury attorney to handle the legal side of your claim, but some general information may be helpful.

Physical Therapy Can Speed Recovery

Being involved in a car accident is always frightening, but you could feel overwhelmed if the auto crash occurs in the heavy traffic of Miami streets. Unfortunately, these incidents are becoming more common. According to the National Highway Traffic Safety Administration (NHTSA), the number of collision fatalities in urban areas has risen considerably over the last 10 years, and has surpassed the number of deaths from rural accidents every year since 2016. 

Despite the chaos and vehicles speeding around you, it is essential to take proper precautions after a Miami car accident. Getting necessary medical care should be a priority, but other important considerations include:

  • Take a Deep Breath: If you are not knocked unconscious by the impact of the crash, your heart may be racing and your adrenaline skyrocketing. Your first instinct might be to jump out of the car out of a combination of aggravation, anger, and frustration. It is important that you do NOT act on this instinct, as you could be putting yourself in grave danger from the traffic coursing around you. Instead, take a deep breath, and then do a quick check to determine whether you are hurt and how badly.

People of all ages can sustain head trauma in an accident, but statistics from the Brain Trauma Foundation reveal that the risks for children are shockingly high. Every year in the US, 2.5 million individuals suffer traumatic brain injury (TBI) and around 50,000-60,000 children are hospitalized for these injuries. Plus, TBI is also the leading cause of death and disability among individuals under 18 years old, as they carry significant long-term physical and emotional implications.

Though you want to do all you can to protect your child when you know the risks of TBI, accidents can still happen. A Miami brain injury attorney can explain your legal options if your child was hurt, but knowing how these injuries happen may help you reduce the threat.

Top Causes of Traumatic Brain Injuries to Children

As part of its mission to provide safety information to insurance companies and auto makers, the Insurance Institute for Highway Safety (IIHS) routinely conducts studies on how to reduce the risks of accidents and potential for serious injuries. A recent study should be of particular concern to any motorist or passenger, especially for those who use ridesharing services in Miami: The dangers of riding in the back seat of a vehicle, a common practice for Uber and Lyft passengers, are serious. IIHS researchers expressed serious concerns about multiple crash-related factors, after analyzing the details of almost 120 collisions that caused death to back seat passengers.

The increased risk for back seat occupants is alarming, but the truth is that you have rights after an Uber or Lyft crash no matter where you were sitting. It is important to speak with a Miami rideshare accidents attorney about the legal concepts, but you may also benefit from some information about the threat to back seat riders.

Seat Belt Usage and Rideshare Services

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