The Dangers of Refusing Medical Care After an Accident

medical-doctor-1314903-mAfter an accident, there are likely many things going through one’s mind. The scare is enough to get adrenaline pumping through anyone’s body. This often results in a person feeling better than he or she really is. For that reason, injuries can go masked for several hours, or even a day or two after an accident; therefore, refusing medical care at the time can be very dangerous to your health.

Personal injury attorneys are far too familiar with victims who opted to refuse medical care after an accident, only to regret the decision later. It is important to understand, even in those moments of panic, that endorphins are released in the body after an accident. Along with adrenaline, these can cover the pain and discomfort that one would feel otherwise. As that wears off, and time ticks by, the pain sets in. There are many risks that come with refusing care at the scene of the accident, including:

    1. Worsening Injuries. Obviously, the primary concern is for your health. You should ensure that everything is okay, so you don’t unintentionally aggravate injuries due to the adrenaline high.
    2. Overlooking a Major Problem. Internal injuries are not always immediately evident, but can be very serious – even life-threatening. Just assuming that everything is fine can leave you in a very significant emergency situation later.
    3. Causing Complications with Lawsuits. It’s the last thing that you want to think about in such a terrifying moment, but it can help you regain the funds needed to cover repair and medical expenses later.

It’s very important to receive medical care after an accident. Even if you feel okay in the moment, it’s better to be safe rather than sorry. Continue the medical treatment as prescribed by a doctor. Whether this involves medication, rest, time off from work, physical therapy, massage, or some other type of care, it is essential that you follow through with the recommended path to recovery.

Once you have seen a medical professional, then you can speak at greater length with a personal injury attorney about a potential lawsuit. It is no secret that auto repair costs and medical expenses can add up very quickly. For this reason, the courts protect the victims of Tampa auto accidents. An experienced lawyer can help you file a suit and collect the damages needed to repay those debts.

Posted in car accidents, lawsuits, Personal Injury, Settlements, The Courtroom | Tagged , , , , , , | Leave a comment

Another GM Recall: Cadillacs and Impalas Considered Fire Risk

cadillac---toronto-1-75677-mCars recalled? Let’s face it, you aren’t really overly shocked to hear it. However, GM’s most recent recall isn’t a small one. News broke last week about the manufacturer’s flawed models that had the potential to catch fire due to a brake complication. That’s right, fire!

More than 200,000 cars will fall under the recall category as a result of this announcement. This is in addition to the more than 15,000 sold in other countries. Owners of Impalas and Cadillacs should be paying close attention. This recall impacts Cadillac’s 2013-2015 year models and Impalas manufactured for 2014 and 2015.

Fortunately, there have been no serious injuries or deaths reported; however, the rear braking assemblies are thought to be capable of generating tremendous heat and sparks, capable of ignition, due to a major defect.

So, who should be most concerned by this recall? While all owners of the recalled Cadillac and Impala models should seek to have the problem corrected as soon as possible, those experiencing certain warning signs should stop operating their vehicles immediately. These include poor acceleration and deceleration, excessive brake heat, abnormal smells resulting from overheating brakes, and premature wear of brake assembly components.

Impala owners have added concerns, as many of these same cars were already recalled for a transmission defect. This first recall was issued after it was discovered that the cars were prone to rolling after parked. Another recall was issued for Impalas in June, which pointed to ignition troubles and then another was issued in July when it was discovered that power steering could malfunction while driving.

Recalls are a great thing, in that they point out potential problems to car owners and help them resolve the issue. Unfortunately, the recalls are not always issued quickly enough. When that is the case, Tampa auto accidents can occur, people can be hurt or killed. Personal injury attorneys can assist in recovering financial losses, but they cannot repair the damage done to human beings.

Posted in car accidents, lawsuits, News, Personal Injury, Settlements, The Courtroom | Tagged , , , , , , , | Leave a comment

Can You Sue a Previous Homeowner for Mold or Termites?

mildewed-wood-875374-mOn the Florida Property Disclosure Form, there is an entire section related to termites and other wood destroying organisms. It asks homeowners if they have any knowledge of such things being present in the home, if they have previously had the home inspected, or if treatment for such pests has been necessary in the past.

Similarly, this form asks the homeowner about environmental hazards, including mold, which may be present on the property. Though this document is not always legally required at the time of the sale, a seller of a residential property is obligated under Florida law to disclose to a buyer anything that might materially impact the value of the property, which is not clearly visible.

For obvious reasons, these are conditions that new owners would want to be aware of before signing the closing paperwork. The repairs can be very costly, but there is also risk of illness or injury because of existing problems within the home. Mold, for instance, can be a highly dangerous presence for the young, the elderly, asthmatics, and those with other respiratory conditions.

If a seller lies on this form, or fails to disclose such information, and problems arise as a result, it is possible to file a lawsuit to recoup related financial losses. It is wise to speak to a personal injury attorney, if you feel that the previous homeowners’ negligence left you at risk of injury, illness, or significant financial loss.

It will have to be proven that the previous owner was aware of the problem at the time of the sale and failed to disclose this to the potential buyers. In such instances, it may also be that the real estate agents working for the sellers were also negligent for failing to obtain such information from their clients. If this is determined to be the case, multiple defendants may be named in a single case.

A personal injury attorney can help you collect the information that you need to create a worthwhile case. The initial consultation is generally free, so it is certainly worth exploring these options.

Posted in lawsuits, Personal Injury, Settlements, The Courtroom | Tagged , , , , , | Leave a comment

Money Scams: What Should You Be Watching For?

inside-the-news-86518-mThe popular television show, 60 Minutes just started a new season with a highlight on a large-scale tax scam that is costing this country huge sums of money. This made me think, once again, of the myriad amount of illegal offers that we are exposed to regularly online.

IRS Scams

The scam discussed by Steve Kroft on the award-winning news program is one that involves the theft of social security numbers. The scammers then use this information to file faulty tax returns and are often able to receive huge sums of money in the form of fraudulent refunds. When these faulty returns are not caught by US IRS agents, the government loses. When they are caught, the victims of identity theft may be forced to repay the refunded sums.

Another IRS scam involves a phone call from a fake agent. The scammer provides an agent number that is just made up and suggests that the individual has been contacted numerous times by mail. Having officially upset the person on the other end of this call, the scammer reports that a payment must be made via credit card or there may be liens placed on personal property. People who fall victim to this trick are likely to lose thousands of dollars.

Energy Scams

The energy crisis spurred a lot of nasty reactions from people of low moral fiber.
The first of these scams involves a supposed “Energy Bailout.” This fictitious service, which the scammers say is a bill passed by President Obama, is meant to alleviate a portion of the homeowner’s utility bills. However, it is just a ploy for the criminal to gain access to personal and financial information.

The second scam is similar to the IRS ploy, in that the scammer professes to be a representative of the utility company seeking payment on an overdue bill. Credit card information is requested.

Personal injury attorneys will generally provide a free consultation to victims seeking retribution. If the scammers can be found, evidence can be compiled and it may be possible to collect monetary damages for the losses suffered. The United States employs special teams of investigators to find scammers, so reports should be filed.

Posted in News, Personal Injury, Settlements, The Courtroom | Tagged , , , , , , , | 1 Comment

Will Your Shoes Hurt Your Slip and Fall Lawsuit?

brown-leather-shoes-1429125-mThis may seem like an odd supposition, but the truth is that shoes are, far too frequently, responsible for the injuries suffered by Americans. When a person has been seriously injured on someone else’s premises, he or she has the right to seek the advice of a personal injury attorney. If it is ruled that the individual or organization ignored a potential hazard, placing the visitor in harm’s way, the victim may be able to collect compensation to cover any related financial losses.

This is the case, unless the defendant can prove that the victim played some role in the accident. For instance, a person who is busy texting while walking would have to accept some level of blame for tripping over a misplaced item. Shoes can also play a part.

While a commercial building does have to abide by certain rules when it comes to keeping visitors safe, a person must also take certain precautions to ensure that he or she does not increase his or her own risk. On an extremely rainy day, for instance, certain shoes are just poorly prepared to provide any sort of traction. Given that, it can be assumed that certain floor surfaces are going to be slick when the wet shoe bottom hits them.

The defendant has the right to ask to see the shoes that were worn at the time of the accident. If they are damaged in any way or worn out, it could, ultimately, reduce the worth of your court case. A personal injury attorney will generally recommend that a victim stop using the shoes in question, but save them as evidence.

If a shoe fails and that is the cause of your accident, then speak to your attorney about that key component of the case. It could be that you are seeking damages from the wrong defendant.

Posted in lawsuits, Personal Injury, Settlements, The Courtroom | Tagged , , , , , | Leave a comment

Typical Job Site Hazards To Watch Out For

staging-536650-mThe below is a short list of hazards to be aware of when working on job sites. There are many different instances and individual situations particular to each job site, of course. Wherever you are working, it is always wise to review your surrounding environment for potential hazards.

Ladders. It hardly has to be stated, but ladders lead the way when it comes to worksite injuries. Working from heights naturally places a person in potential danger, but ladders are infamous for kicking out, slipping, sliding, or buckling at the wrong time. Nearly half of all the fatal falls annually involve a ladder. Yet, workers still commonly take unnecessary risks with ladders. In a hurry to get the job done, or to cut down on inconveniences throughout the day, construction workers will regularly forego the safety harnesses, will poorly prop ladders, or will lean in precarious manners while atop them. Worse yet, all too often, ladders are left in place at the end of the day inviting curious children to take a peek at the world from several feet off the ground. This is a great way to ensure that a personal injury attorney is involved.

Chemicals. Just this month, a story was released about two workers who were killed as a result of a toxic combination of chemicals on a job site. These are not to be messed with. The human body can only take so much. Precautions must be taken to ensure that chemicals cannot burn the skin, harm the eyes, or damage a person internally. Anyone working with dangerous chemicals should have proper training.

Spills and Other Obstacles. Slippery liquids, holes, and poorly placed construction materials can cause serious injuries every year on job sites. When a person is busy with the task at hand, he or she can easily overlook such an obstacle.

Electrical Hazards. Many job sites involve serious electrical components. Whenever electricity is at play, people are at risk. Electricians are generally well-educated, trained, and licensed to be working with such matters, but when a wire is accidentally hit with a drill or screw, when electricity is not cut to an area before work commences, or when a hand is simply placed in the wrong place, the shock can kill.

Posted in lawsuits, Personal Injury | Tagged , , , , , | Leave a comment

Backyard Trampoline Hazard

midair-splits-607532-mThis past spring, national news stations were highlighting the dangers of trampolines in the backyard. In May, USA Today ran an article on the topic, citing the one million emergency room visits annually as reason to play it safe with these backyard toys. It is a valid point and as much of the country starts to think about closing pools for the winter, kids are prone to showing an increased interest in other forms of at-home fun. Fall is a big season for bouncing.

It is important to understand that these contraptions, commonly given as gifts to kids for birthdays and holidays, are a serious concern. Many doctors and health professionals sincerely advise against them. Yet, backyards throughout the country are equipped with the bouncing surfaces. The safety nets that are now built to surround the trampoline and keep jumpers from falling over the sides do help to an extent, but they cannot prevent all injuries.

When more than one child jumps at the same time, it is easy for them to collide, land on each other, or get bouncing out of control. Injuries do not occur only as a result of falling over the edge. Those previously mentioned collisions have resulted in numerous bloody noses, black eyes, broken bones, and even concussions.

There are safety guidelines of which to be aware, if you are going to encourage your kids to use trampolines. It is important to abide by these, for the protection of your own kids, and also for the safety of your guests. If a child is harmed on your property – especially as a result of a risk device, like a backyard trampoline – you could face off against a personal injury attorney in court. Hopefully, your homeowner’s policy will cover such costs, but you shouldn’t count on it. Let’s face it, at that point, it won’t be purely financial concern, but also the moral hurt of realizing that your purchase led to someone else being seriously harmed.

Post a sign with safety rules by your backyard trampoline:
– Use of the trampoline is done at one’s own risk
– Only one person should jump at a time
– Children should be supervised while on the trampoline
– A trampoline is not safe while pregnant, ill, injured, or using certain medications

It is also wise to have your trampoline within a fenced area or otherwise defended against uninvited guests. Neighborhood children might be tempted to jump while no one is looking.

Posted in lawsuits, News, Personal Injury, Settlements, The Courtroom | Tagged , , , , | Leave a comment

Personal Injury Law: Can You Sue A School District?

doodled-desks-2-1193228-mUnfortunately, this is a question that has been on the minds of some parents in recent years, as stories of shootings, bullying, discrimination, excessive punishment, and potentially fatal athletic injuries make headlines. What is the school’s responsibility to your children? What sort of guarantee should a district offer to parents and what does happen when the line of morality and decency is surpassed?

These are sad, but very genuine questions asked by today’s society. The truth is that you do have the right to hire a personal injury attorney and file a claim against a school district if you believe that they have put your child in harm’s way. In the past, there have been several reasons for schools to be brought to court. Among those are discrimination, at-school injuries, improper suspension, excessive punishment, inadequate supervision, and sexual misconduct.

If you feel that a teacher, or other representative of your school district, has acted in some way that has left your child the victim of physical or mental abuse, if a person hired by the school does not step up to aid a child who has been hurt or mistreated, or if there is evidence of sexual advances made on a minor within the school, then you should speak to a personal injury attorney.

These are offenses that should not be repeated. Your stepping up to take action can help to ensure that other students do not face the same sort of neglect, mistreatment, or risk to their persons. A well-trained and experienced personal injury attorney can help look through the details of your case, help collect evidence, and provide a thorough estimate of the worthiness of your case. In the event that there is a clear-cut case against a school district, personal injury lawyers have the knowledge necessary to file the claims with the court, assemble a case, and help you collect compensation for the suffering your child has endured.

Posted in lawsuits, News, Personal Injury, Settlements, The Courtroom | Tagged , , , , , | Leave a comment

Should You Witness a Personal Injury Court Case Before Filing One?

courtroom-1-1207444-mAs you consider how you might recoup some of the financial losses that occurred as the result of a Tampa auto accident, a slip and fall, or a mechanical failure, you likely have a lot of questions. You might even consider visiting a local courtroom to get a better feel for what happens during a personal injury case.

While that may not be a bad idea, it is a good idea to understand that many personal injury cases never make it to trial. So you may be researching something that will never come to fruition in your case.

First, there is the claims process, which is to say that you first need to file the lawsuit against the individual or entity accused of negligence. This generally involves meetings with the attorney to determine whether or not the case is worth pursuing. If so, the claim is filed with the court and the defendant is served papers.

In the pre-trial phase, both parties – defendant and plaintiff – work to collect facts, figures, and evidence that will help their respective cases. This will often include interviewing witnesses, doctors, or other such parties.

At this point, there is also the option to settle. The settlement phase is often where cases end. In many situations, there is no need to go before a judge and jury because the two parties can reach an agreement beforehand. If a settlement cannot be reached, it is likely that the case will go to court. Your personal injury attorney should be able to prepare you for this experience without the need of sitting in on another, unrelated case. However, if you would like to see what happens when a case does make it to trial, go to one of the proceedings. In order to get a list of upcoming trials, visit your local courthouse or speak to your personal injury attorney for further advice.

Posted in car accidents, lawsuits, Personal Injury, Settlements, The Courtroom | Tagged , , , , , , | Leave a comment

Cracking Down on DWI, Police Arrest 80 People in 15 Days

moralization---1-125242-mIn a 15-day crackdown on drinking and driving, officers in Poughkeepsie, New York, arrested and charged more than 80 drunk drivers, according to the Poughkeepsie Journal. The Labor Day holiday sees a major influx in partying and that generally translates to more people taking to the road while inebriated. The dangers are obvious and police throughout the country are always looking to cut down the risk for other, sober drivers. Eighty might sound like a large number in such a short period of time, but according to statistics, that should not be a surprising figure.

In Florida, the number of people arrested annually for the same offense can hover around 53,000, according to MADD.org. Even more depressing is the fact that many of these individuals pulled over and charged are third, fourth, or even fifth time offenders. More than 11,000 individuals were accused of DUI for a fifth time in 2012.

In the past, I have written about the drastic impacts that alcohol can have on the brain and how this can alter a person’s ability to think clearly and drive safely. However, this doesn’t really need an explanation for anyone who has ever been drunk before. Consider the silly, crazy, or embarrassing things that you (or friends) have done as a result of alcohol’s influence. Would you have done those things if sober? Likely not.

It is clear that alcohol influences judgment, slows reaction times, and kills. Do not drink and drive. It is simply not worth the risk. A Tampa auto accident could claim your life, the lives of those you love, or the lives of those unknown to you. If you are lucky enough to survive such a crash, you will face harsh consequences for your actions, including the likely visit with a personal injury attorney aiming to assist the victims of your bad decision.

Posted in car accidents, lawsuits, News, Personal Injury, Settlements, The Courtroom | Tagged , , , , , , , | Leave a comment