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[ No Comments ] Posted on 05.18.10 under CAR ACCIDENTS, CHILDREN, Power of Attorney, SAFETY, Uncategorized, WILLS AND ESTATES
Every parent has had at least one person say “they grow up before you know it”. This is true in many ways. Very few people would say an 18 year old is an adult. However, for purposes of Florida law they are an adult. More importantly, the parent no longer has the right to any information about the child– even if they still live at home. If your child is hurt in an accident, the parent has no right to information and no right to participate in any decision regarding the child.
The only way a parent can assist the child is if the child has executed powers of attorney. No one wants to think of their child being hurt or incapacitated, but preparation is the best you can do for your child. Every person over age 18, regardless of financial circumstances, needs a durable power of attorney and medical power of attorney. With Summer at the doorstep and kids heading off to school and jobs (often out of state), the time to act is now.
Tracy Troutman Cheek at Billings, Morgan & Boatwright offers a special Power of Attorney package for young adults that costs only $100. Call Tracy at 407-679-9900 for an appointment.
[ 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 10.28.09 under ACCIDENTS AND INJURIES, CAR ACCIDENTS, MOTORCYCLES, Uncategorized
The experience of an auto accident stays with an individual throughout their life. The majority of people believe they are fine as long as they did not suffer a cut or broken bone. They fail to associate emotions of fear, nervousness or anger with the automobile accident. However, this is a common and often overlooked problem known as Post-traumatic Stress.
If these problems begin to interfere with your normal life, seek professional help. For more on this condition, see
http://familydoctor.org/online/famdocen/home/common/mentalhealth/anxiety/449.html.
[ 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 08.21.09 under CAR ACCIDENTS, DAMAGE CONTROL, INSURANCE, INSURANCE FOR CYCLISTS, MOTORCYCLES
WHY?
Example: You buy a motorcycle. You tell your Insurance Agent you do not have health insurance so you want to be sure your motorcycle policy includes medical coverage for you if you are in an accident. You get the policy in the mail but you don’t see anything in it that looks like medical coverage for you. You call your Agent. She assures you that you do have the coverage. You get into an accident and are injured. Your insurance company then tells you your policy does not include medical coverage for you. You call your Agent. She now denies having told you your motorcycle policy included medical coverage for you.
“An ounce of prevention is worth a pound of cure.” So, always confirm important things in writing.
Joseph E. BoatwrightBillings, Morgan & Boatwright
[ 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 06.01.09 under CAR ACCIDENTS, Uncategorized
Did you know that your own insurer may deny you benefits after an auto accident where the insurer receives a medical report that is more than 30 days after notice of a claim? Your insurer may challenge treatment at any time on the basis that the treatment is unreasonable or not related to the accident. For more information, see http://www.floridalawweekly.com/newsystem/showfile.php?file=../files/issues/vol34/dca/913c.htm
[ No Comments ] Posted on 06.01.09 under CAR ACCIDENTS, Uncategorized
The Insurance Institute for Highway Safety has selected 34 automobiles worthy of their 2008 Top Car Safety Pick Award. These vehicles perform the best on front, side, and rear crash tests. Award winners must also be equipped with electronic stability control (ESC), which is proven to lower the risk of an accident. Here are the winners for safest cars broken down by category:
Safest large carsAudi A6
Ford Taurus w/ ESC
Mercury Sable w/ optional ESC
Volvo S80
Safest midsize carsAudi A3
Audi A4
Honda Accord
Saab 93
Subaru Legacy w/ optional ESC
Safest midsize convertiblesSaab 93
Volvo C70
Safest small carSubaru Impreza w/ optional ESC
Safest minivansHonda Odyssey
Hyundai Entourage
Kia Sedona
Safest midsize SUVAcura MDX
Acura RDX
BMW X3
BMW X5
Ford Edge
Taurus X
Honda Pilot
Hyundai Santa Fe
Hyundai Veracruz (manufactured after August 2007)
Lincoln MKX
Mercedes M Class
Saturn VUE (manufactured after December 2007)
Subaru Tribeca
Toyota Highlander
Volvo XC90
Safest small SUVsHonda CR-V
Honda Element
Subaru Forester w/ optional ESC
Safest large pickupToyota Tundra
For more information , check out http://www.iihs.org/ratings/vrc/default.htm
[ 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)