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[ No Comments ] Posted on 03.15.10 under CAR ACCIDENTS, CATASTROPHIC INJURIES, CHILDREN, SAFETY
BACKOVER ACCIDENTS
Vehicle backover injuries and deaths occur when someone is positioned behind a vehicle as the driver is backing out of a driveway or other parking spot. Most victims of backovers are the elderly and children and the driver is often a neighbor or relative.
Keeping your children out of harm’s way requires ongoing education and supervision. However, safety experts advise employing the following strategies to help reduce the risk of a backover tragedy:
* Ensure your children are properly supervised at all times, especially wherever motor vehicles might be present.
* Teach children NEVER to play in, under, or around vehicles.
* Always assume children are present and carefully check the area around your vehicle before backing out.
* To prevent curious children from ever putting a vehicle in gear, never leave vehicles running and keep all vehicles locked.
* When backing up, always know where all children are and have them stay in your full view and away from your vehicle.
* Look behind you as you back out S-L-O-W-L-Y with your windows rolled down to listen for children who may have dashed behind your vehicle.
Finally, if you drive a truck or SUV, remember that the blind spot behind your vehicle can be especially large and requires greater care whenever you back up.
[ No Comments ] Posted on 09.03.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, DAMAGE CONTROL, MOTORCYCLES, PROBATE LITIGATION, WILLS AND ESTATES
Everyone faces risks every day of their life. Some risks are small and some large. The risk of injury while riding a motorcycle unfortunately has increased over the last few years. If you were severely injured and could not handle your own affairs, what would you do? To a limited extent a spouse can manage your affairs, but what if you are single? A parent or sibling or child does not have an automatic right in Florida to step in and handle things.
What you can do is prepare Powers of Attorney and designate who will help you if you are incapacitated. We recommend that every adult have three important documents. First, everyone needs a Durable Power of Attorney. This allows someone chosen by you to handle all of your financial affairs. They can pay bills, manage money and represent your interests. Second, each person should have a Medical Power of Attorney. A medical power permits someone chosen by you to make your medical decisions if you are unable to do so. They can talk with doctors, move you to another hospital, and even deal with health insurance if necessary. Finally, every person needs a living will. The living will lets everyone know your wishes if you have a terminal illness or have suffered a massive brain injury and cannot live without machines.
What happens if you do not have these documents and the unthinkable happens? In Florida, a guardianship must be obtained from the court. Guardianships cost thousands of dollars versus a couple of hundred for Powers of Attorney. With a little planning, you can be covered.
[ No Comments ] Posted on 08.26.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, SAFETY
Most of the population realizes the dangers of drinking alcohol and driving, but recent statistics show cellphones may be even more dangerous. These devices are believed to be the cause of more than a thousand fatalities and crashes every year.
Researchers at the National Highway Traffic Safety Administration (NHTSA) estimate that cell phone use by drivers caused approximately 955 fatalities and 240,000 accidents in 2002. More frightening is the fact that hands-free devices do not decrease the risk of accident. Research shows that motorists talking on a cell phone are four times more likely to crash than other drivers, and are as likely to cause an accident as someone with a .08 blood alcohol level.
The NHTSA recommends that drivers never use wireless communication devices—whether or not they are hands-free—except in an emergency.
[ No Comments ] Posted on 06.02.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, SAFETY
Is your child safe in the car?
Every parent wants to protect their child. The car is an especially vulnerable location and the information on child car seats is confusing. The National Highway Traffic Safety Administration has provided an easy to follow chart to determine the right seat for every child. This chart is found under Consumer Information and Services at the following link:
http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/
[ No Comments ] Posted on 04.27.09 under CAR ACCIDENTS, CATASTROPHIC INJURIES, DEFECTIVE PRODUCTS CLAIMS, MOTORCYCLES, NEGLIGENT SECURITY, PROPERTY ACCIDENTS, TRUCKING ACCIDENTS, Uncategorized, WRONGFUL DEATH CLAIMS
TIMING IS EVERYTHING! We have all heard that “timing is everything.” It applies to everything from job opportunities, relationships, buying and selling, cooking, and just about everything else affecting our lives.
From a legal standpoint, timing is crucial. Many claims are time barred by different statutes of limitation which apply to certain circumstances. For instance, most negligence claims have a four-year statute of limitations in Florida UNLESS one of the defendants (other party) is some governmental agency or entity, then special notice requirements must be met within three years. Claims for medical or professional negligence have a two year statute of limitations; but again, certain notice requirements must be met before filing those claims.
The point is, TALK TO A LAWYER regarding the applicable time frame for your case in the beginning to make sure time requirements are met. Within the last year I have had three different clients who came to me just before their statute of limitations was about to run. Most of them were trying to just “work it out” with the insurance company themselves.
Waiting until the last minute leaves the lawyer trying to make up ground that should have been covered well before the statute is ready to run. They don’t have all the information available that they need going into litigation in order to know as much or more than the other side.
While I agree that not all cases need attorney representation, there are those which definitely do. Below are some things you need to know before attempting to handle your case on your own without discussing it with a lawyer:
1) Know your Statute of limitations! They vary, as discussed above
2) In significant accident situations investigations should be done IMMEDIATELY or as soon as possible for several reasons. First and foremost, evidence can be lost such as skid marks and accident debris that could determine fault. Secondly, witnesses move and are difficult to locate. They also FORGET! They will remember more about the accident in the months immediately following than they will three years later.
3) Insurance companies get unrepresented people to make unknowing concessions by taking statements geared to favor their side and can use those statements against you later.
4) Consistent treatment with respected doctors is crucial to insure not only the best result in settling your case but more importantly the best result in your physical recovery. If you are not sure about when to hire an attorney or IF you need to hire an attorney, we are just a phone call away.
Mary Ann Morgan, Esquire, Billings, Morgan, & Boatwright LLC
399 Carolina Ave, Ste. 100
Winter Park, FL 32789 (407)679-9900 1-877-302-9900 (407)975-6505 (Fax)
[ No Comments ] Posted on 09.29.08 under CATASTROPHIC INJURIES, PROPERTY ACCIDENTS
$3 MILLION DOLLAR VERDICT
FOR CHILD CATASTROPHICALLY INJURED BY DEFECTIVE GLASS DOOR
In 2003, an eleven year old girl was catastrophically injured when she fell through a sliding glass door in a rental house at the beach. The glass should have been safety glass but it wasn ’t.
About 10 days before the incident, the young girl’s family checked into a vacation rental home. The family was in the process of moving from North Carolina and had decided to spend a few weeks at the beach while looking for a new home. The rental house had a pool and the kids, ages 11 and 8, swam virtually every day.
On July 8, 2003, the kids were swimming as Mom and Dad sat just inside watching them through a set of sliding glass doors. As the parents watched, their 11 year old daughter got out of the pool, walked to the doorway and picked up a towel. The youngster began drying herself off while standing with her back to the sliding glass door. As she dried herself, she lost balance and tipped backward against the glass door. Suddenly the glass door exploded into giant shards of razor-sharp glass. This caused the youngster to fall through the glass door onto the floor just inside the threshold.
During the fall the broken glass sliced through the back of the child’s right thigh, cutting cleanly through the skin, hamstring muscle, tendons and sciatic nerve. Blood immediately began gushing from the wound. Her parents’ looked on in absolute horror. In a terrible instant, her father realized she would bleed to death without immediate action. Dad dove to the floor and literally stuck his hand into the gaping wound in an effort to find the source of the bleeding. Miraculously he located where the majority of the bleeding was coming from and stopped it. Dad literally saved his daughter’s life that day.
This catastrophic injury forever changed the child’s life. Although she gradually regained some sensation and some mobility, the growth of her leg was disrupted. She was therefore left with a permanently deformed right leg and a multitude of related medical problems.
The property owners refused to accept any responsibility for the absence of safety glass. In the fall of 2004, Joe Boatwright, in association with John Mitchell, filed suit on behalf of the child and her parents. In the course of the litigation, the court bifurcated the trial on the issues of fault from the trial on the issues of damages. In April 2007, a jury returned a verdict finding the property owners 100% at fault for the accident. The following October, a second jury awarded damages in excess of three million dollars.
[ No Comments ] Posted on 07.06.08 under ACCIDENTS AND INJURIES, CAR ACCIDENTS, CATASTROPHIC INJURIES, DEFECTIVE PRODUCTS CLAIMS, PROBATE LITIGATION, PROPERTY ACCIDENTS, TRUCKING ACCIDENTS, WILLS AND ESTATES, WRONGFUL DEATH CLAIMS
Information coming soon