Tampa St. Petersburg Injury Attorney Blog

As summer sets in and the warm weather envelops St. Petersburg, there is a lot of opportunity to spend hours under the sun. Of course, for parents, this is a concern as well as a welcome advantage of the warm season. Kids can often go an entire day never stepping foot inside the house, except to use the bathroom or grab a snack. When young bodies are hitting the pool and picnicking outdoors, it is necessary to think about sunscreen. Skin protection is very important and the consequences of leaving it to its own defenses are better understood than ever before.

2012 Recall Still Haunts Parents. While it is important to lather up every so often as you enjoy the warm summer sun, there is reason to think twice before choosing the sunscreen that you apply. Last year, as the summer was drawing to a close a news story was released that frightened parents all over the country. A leading brand of sunscreen was recalled after at least five people literally saw their skin ignite. Banana Boat spray sunscreen was recalled in October 2012 and many sought the advice of personal injury attorneys. The company has reportedly corrected the problem and its products are on the shelf yet again this year.

Knowing the Facts. Of course, we can feel semi-safe that we aren't going to combust upon application, but many sunscreens make claims that they cannot back. Many physicians and scientists agree that labels are misleading, especially those claiming protection greater than SPF 50. There is also concern revolving around "waterproof" skin protection. In the heat of Saint Petersburg, children are often in and out of pools, lakes, and other bodies of water during the day and sunscreen can wash off. Experts concur that it is best to choose the SPF 50 or 50+ and re-apply regularly. If skin shows signs of redness during the day, it is wise to protect the skin with clothing or shade.

Florida is the perfect state for sun and fun, and St. Petersburg offers a variety of activities to enjoy both. Skin cancer is, unfortunately, a concern that we all need to be conscious of, however, as one in five people develop the disease in their lifetime. You can reduce your risk of getting skin cancer due to overexposure to the sun if you: 1) wear a hat or head covering; 2) apply a good sunscreen correctly (remember your face, neck, head, and ears); 3) cover your skin from time to time with longer/more clothing; and 4) remember to find shady areas to escape to once in a while. Something else to think about is tanning booths. Even one treatment exposes your skin to UVA and UVB rays, and that increases your chances of developing skin cancer by 20 percent. Other products that can help prevent sunburn include all natural alternatives and water-block products. Read the ingredients with care and research them online, if possible. Some products even try to protect the natural marine beauty of the Florida coasts and safeguard the environment with the ingredients they use.

Whatever your choices to enjoy the summer sun and fun on the beaches and around water, be aware of the possible dangers some sunscreens may present. If you are harmed by a product because it hasn't held up to its claims, talk with a personal injury attorney.

As we fall in the midst of the busiest cycling season, it is the perfect time to remind bicyclists about the dangers existing on St. Petersburg roadways. There is always risk involved when traveling, but being on two wheels and with limited protection, cyclists are in greater danger when facing off against motor vehicles. So, as you prepare to pedal through Saint Petersburg, be sure to ask yourself the following questions.

Are You Visible? Whenever a person takes to the roads, he should ensure that others nearby can clearly see him. Automobiles are outfitted with head and tail lights, but bicycles are not so conveniently equipped, so the darker hours of the day can be very dangerous. The use of reflectors and brightly colored clothing is strongly advised when riding at dawn, dusk, or after dark.

When and Where Do You Travel? To minimize your risk while you ride your bike, be sure that you stick to the slower trafficked roads as much as possible. For each car sharing the street with you while you ride, there is a greater chance that you will be involved in a tragic accident.

How Often Do You Ride? If you are not a regular cyclist and it has been some time since you have had a refresher course on bike safety, you are putting yourself at substantial risk of an accident and a visit with a personal injury attorney. It is important to know how to conduct yourself while you ride to ensure your own safety and that of the people sharing the roads.

Are You Protected? Before you even climb atop the bicycle seat, be sure that you are properly guarded against skids, scuffs, and scrapes associated with a fall. Cover vulnerable skin with durable clothing, as well as knee, wrist, and elbow pads. Also, opt for a helmet approved for cycling.

In today's society, there are ever-increasing fears regarding shootings, bombings, and other such attacks. With the tragedies linked to such events, there is little wonder why government agencies and private organizations are taking extra steps to ensure the safety of the American public. Unfortunately, though, some of those efforts occasionally cross the line and become overly invasive and even offensive.

The TSA pat-down is the most popular example of this, making headlines in Saint Petersburg and throughout the country as more and more travelers capture questionable videos of the procedure. Among the most recent stories was that of a woman forced to expose her breast prosthesis before being cleared for travel. The pat-down is a method used to ensure airplane passengers are not carrying weapons on their person. Not everyone is subjected to the intense scrutiny, but if an alarm goes off when the passenger crosses through the metal detector, or if the person is one of the randomly chosen, he or she is pulled aside.

There is generally a designated area for pat-downs and they involve an officer of the same gender as the passenger, physically "patting down" the person from head-to-toe in search of potential weapons. According to the TSA, children may also be subjected to a pat-down. There has been a great deal of controversy about the invasion of personal space that occurs during a pat-down, particularly because hands come very close to the most intimate parts of the body, which makes most Americans uncomfortable. It is important to understand that you may be subjected to a pat-down when leaving St. Petersburg for business or pleasure. If you feel that you are being unfairly singled out or are in, any way, harassed during the procedure, you always have the option of contacting a personal injury attorney to speak in your defense.

In the previous post, I approached the topic of pain and suffering. This is a difficult concept for many clients new to the world of personal injury law. In fact, it's a challenging subject for many personal injury attorneys as well, because it often follows very heavy, heartbreaking circumstances.

A closely related term is often used in conjunction with "pain and suffering"; that is "enjoyment of life." When a person is harmed in a very serious, chronic manner, or when he or she loses a loved one, it can be said that he or she has lost the enjoyment of life. Essentially, the courts state that this loss occurs when one person's (or entity's) negligence results in another person being harmed or facing serious losses that result in the victim being unable to participate in activities that have always brought happiness in the past. In other words, if the defendant cost you the ability to do something you love to do, then you have faced loss of "enjoyment of life."

As with pain and suffering, determining a monetary figure to attach to this loss can be difficult.¬ St. Petersburg attorneys are familiar with a calculation method based on economic statistics and studies. This can be used to figure a monetary amount to be awarded should a personal lose all enjoyment of life. Then, it must be determined what percentage of enjoyment was taken as a result of the incident in question and this can be multiplied by the figure calculated to determine what value can be placed on the case.

Loss of enjoyment of life is often brought up in cases involving victims of severe burns, debilitating back or neck injuries, paraplegia, quadriplegia, brain damage, or death. It is important to discuss this at length with your Saint Petersburg attorney to determine how likely it is that the courts will award damages for your loss of enjoyment of life and to calculate an appropriate figure for compensation. Though it will never be enough, the monies can hopefully help you adjust to your new way of life.

When filing a lawsuit against a defendant, guilty of negligence, whoever injured you or cost you the life of a loved one, there can be a lot to consider. Your personal injury attorney should help you determine the compensatory damages. That is to say that he or she will help you calculate the costs that have accumulated as a result of the incident. This can include medical expenses, car repairs, or, unfortunately, final expenses.

However, there are other damages that could be considered by the court, depending on the circumstances of your case. In some instances, pain and suffering can be taken into account. It could be that you, as the defendant, will face a lifetime of struggles due to new physical limitations or that you have now lost the companionship of a loved one due to the defendant's negligence. Such losses are difficult to bear and that hardship should not go unnoticed. In some instances, injuries can leave a person disfigured, can cost him his job, or rob a woman of her ability to bear children. These circumstances are considered by the courts and the defendants may be considered liable for the physical and emotional hindrances that result.

If that is so, your attorney in Saint Petersburg should address the possibility of receiving damages for pain and suffering. There is no clear cut way to determine the price tag to be attached to a person's broken heart. How much is loss of life worth? Can you put a price tag on your ability to walk, to bathe, to speak without assistance?

Insurance companies have actually devised calculations for this, which most lawyers in St. Petersburg are aware of. In some cases, it is a matter of multiplying the medical expenses by some factor, while in other cases the calculations are more difficult. A good attorney will be able to help you determine an amount likely to be considered fair by the judge and jury of the case. While it will never be enough to bring someone back to life or undo the physical injuries suffered, the monies awarded can be helpful in other ways and can also be seen as a punishment to those who committed the acts of negligence in the first place.

Of all the tragedies that one can face, the loss of a baby or toddler is undoubtedly among the worst. Most people want to believe in the manufacturers of products used by infants, but, unfortunately, the individuals designing and crafting these goods are just as susceptible to mistakes as anyone else and that can lead to devastating outcomes in Saint Petersburg.

In recent years, there has been a great deal of concern about the use of drop-side cribs for this exact reason. The cribs, of course, are designed to allow parents to lower one side for easier access to the infant within. However, there have been many concerns expressed about the hardware wearing out and leaving a rather significant gap between the mattress and the side of the crib. Babies can easily slip into that gap and suffocate.

Even more dangerous are drop-side cribs purchased second-hand in St. Petersburg. Without realizing it, parents can purchase cribs that are missing vital components - screws, bolts, etc. Even the lack of safety instructions can leave parents prone to potentially fatal errors.

Since 2007, millions of drop-side cribs have been recalled for these reasons. Affected companies include large names, such as Graco, Pottery Barn, and Bassett Baby. The manufacturers have suggested that minor defects in design are the reasons for recall. In some instances, minor adjustments were made to better secure the design and prevent tragedy. However, the Consumer Product Safety Commission (CPSC) finally had enough and felt that the public was being put in unnecessary danger.

In 2011, the cribs were banned. All manufacturing and selling of traditional drop-side cribs was halted and it was mandated that manufacturers had to create stronger crib supports, supply better hardware, and test more. Even the re-sale of drop-side cribs is forbidden, yet there are many parents still using the old models for young siblings of the original occupants. The CPSC website does offer some advice for reducing the risk of using drop-side cribs. If your child is injured as a result of one of these cribs, it is important to speak with a personal injury attorney as soon as possible.

With the last post being about firearms insurance, it only seems right to discuss who is considered liable in accidental shootings today. After all, not all tragic headlines start with ill intentions on the part of the shooter. All too often, young children get their hands on parents' guns or adults make poor choices that result in misfire. We then read the tragic circumstances in Saint Petersburg headlines.

Obviously, if an adult unintentionally shoots another person, the shooter is at fault. However, if a child does the same, the negligence is harder to assign. Many automatically assume that the child's parents are to blame after the accident. Yet, a five-year-old might not understand the situation well enough to aim and shoot a gun intentionally and should the parents then face financial ruin as a result?

In some states, it is clear that the parents are to blame for the actions of their minor children (this is referred to as "vicarious liability"). Other states are not so clear in their rulings. The age of the child will likely be considered. Parents of children under a certain age may not fall into the bracket of vicarious liability. However, a teen that gains access to a gun and does harm to another will likely cause his or her parents a great deal of financial stress. Unfortunately, that is the least of what they will suffer.

Supervisory negligence is failing to properly watch out for the child, and that can also come into play. This is considered to be the case if the St. Petersburg parent should have been in control of the child or should have taken a stronger action to control the child in the given scenario. After all, if the gun had been properly stored, the child wouldn't have been able to access it and the whole situation could have been avoided. A personal injury attorney must provide evidence that the parents did not do enough to prevent the accident.

There has been a lot of talk about firearm insurance in recent months. The phenomenon is completely understandable given the tragic stories that continue to litter Saint Petersburg newspapers and those throughout the country. The loss of life as a result of firearms is heart-wrenching, and that emotion isn't all innocent families will face should shootings continue to occur. This is why many people are pushing the mandate for all gun owners to carry firearms' insurance policies.

The difference between traditional St. Petersburg homeowners insurance and that which is being proposed is significant. Some homeowners' policies will cover the costs of damage and injury as a result of accidental discharge. However, that is where the understanding ends. An insurance company is in business to make profits and will, therefore, deny claims made as a result of illegal activity. Illegal acts involving the use of guns are not covered, ever.

There are now proposals that insurance should be offered and mandated for gun owners to cover the expenses of victims injured by the gun, regardless of the intended purpose of the shooter. That is to say that if a son or daughter should take the gun, without permission, and fire it into a crowd, causing devastating injuries and death, the innocent families involved would be compensated by the insurance company.

This isn't a farfetched idea. Some intentional acts are currently covered by homeowners' and automobile policies. For instance, self-defense will generally be acceptable in the eyes of the insurance company and car insurance will pay the victim harmed by the insured driver, even if the act was obviously intentional.

Regardless of whether or not the proposal becomes a reality, gun owners should be aware of the potential dangers of the weapons they own. Firearms should be kept in well-secured areas and out of the reach of children. Anyone injured by a gun should consult a personal injury attorney.

In personal injury law, there are a number of topics that arise in case after case each year. Among the most common complaints made by plaintiffs include those having to do with pharmaceuticals. Medications are consistently the source of much debate in courtrooms throughout the country because of the unintended side effects that are found only after members of the public take them for long periods of time.

Even after passing significant testing and US FDA approval, drugs can be found to have poor interactions, can fail to do as promised, or can cause unexpected health complications. It is the nature of the business, but that doesn't mean that individuals should be left to suffer.

Unfortunately, there are some drugs that are known to cause negative side effects in patients, but those complications cannot be avoided, regardless of how careful the manufacturers are. At times, the drugs are still used by St. Petersburg patients because the negative aspects are greatly outweighed by the positive. Consider how poorly chemotherapy medications affect a person, but also the life-saving purpose they serve.

If a medication is given the "go-ahead" despite the known side effects, it is up to the manufacturer to alert the end user of the potential complications that could be suffered as a result of usage. The manufacturers are expected to test the product to great lengths to ensure its safety and learn all possible side effects. Failing to do so can leave the patient at risk and can, therefore, land the company in the courtroom.

If you find that you have suffered as a result of a medication prescribed by a doctor, speak to a personal injury attorney in Saint Petersburg to learn more about suing pharmaceutical companies to recover the costs associated with further medical expenses and lost wages.

Unfortunately, the advancements made in vehicle safety devices have not been enough to prevent failures. While they are rare, these failures can be life-threateningly serious. Even in St. Petersburg, there have been documented cases of seatbelt failure. There are a number of reasons that this can occur.

In order to understand why and how they fail, you must understand how a seatbelt works. The first component that can fail is the torsion bar, also known as a load limiter. In other words, this device is meant to release the belt a bit more when experiencing high degrees of force. The idea is to prevent injuries caused by the belt in an accident. However, when the torsion bar breaks or fails in a crash, the seat belt can let loose and allow the passenger to fly into the windshield, dash, or other area of the car.

Of course, in order for the seatbelt to be useful at all, it must be latched. Even the responsible person who buckles their seatbelt before leaving the driveway can be harmed as a result of a latch failure. He hears the click, but something fails to grab effectively, or the latching mechanism lets go under the tremendous force of the accident. This releases the seatbelt and again, the person is propelled out of the seat. On Saint Petersburg highways, speeds can be fast enough to leave a person in grave danger in the face of an accident should the latch release.

Poorly cared for, improperly designed, or previously damaged belts can also tear under such forces. This is much rarer than the other forms of failure, but it does happen. This may be something that can be prevented by the car operator. It is a good idea to regularly check seatbelts for cuts, holes, wear, and tear that could spell danger in an accident.

If a seatbelt fails in an accident, chances are that you will be able to collect damages from the manufacturer to cover medical expenses, lost wages, and other losses. However, we ask that you take great care on the roadways. A personal injury attorney would much rather meet with a victim to discuss problems that occurred in an accident than with the heartbroken family members who lost a loved one.

Chances are good that if you work in a high risk workplace, you already realize it, but it is wise to understand where the concerns lie and how likely things are to go wrong. Many people are even more aware of this reality since news broke of the explosion in the Texas fertilizer plant.

Dangerous Substances. I cannot tell you have many businesses work with dangerous substances in and around the Saint Petersburg area. There are many fields that require such materials in order to properly perform their work. However, it is important to understand that these liquids, gases, and solids are very dangerous if not properly handled. They can cause fires, explosions, or potentially fatal chemical burns when left in the wrong hands. Falling under this definition are many commonplace products such as certain paints and varnishes. Fertilizers, liquefied petroleum gas, and flammable gases are also on that list.

Threatening Atmosphere. Sometimes it is not a dangerous material that is the cause for concern, but instead the air quality within the workplace that holds the threat of a possible explosion. Even something as minor as sawdust, when accumulating in high volumes, is potentially life-threatening. Should something in that space catch fire, the flames will spread quickly and could explode.

It is essential in all working environments -- especially in high risk areas -- that employees make every possible effort to reduce the risks faced by themselves and others in the workplace. St. Petersburg employers should ensure that there is safe storage of dangerous substances, and that efforts are made to limit the amount of particulate in the air at any given moment.

If you are harmed as a result of poor working conditions, it may be possible to collect compensation to cover medical expenses and lost wages. Speak to a personal injury attorney as soon as possible.

There is a huge portion of the American public currently suffering from serious sleep loss. This is known to lead to decreased concentration, negatively impacted memory, lack of motivation, poor work performance, and an increased likelihood of a St. Petersburg auto accident.

It is estimated, in fact, that as many as 70 million adults in this country have trouble sleeping for one reason or another. In 2009, a study was done which revealed that there were a number of unhealthy behaviors that were associated with daily fatigue. In fact, more than a third of the people surveyed, as part of this study, reported an average of fewer than seven hours of sleep per night. Nearly half the participants agreed that snoring was an issue and another 40 percent would unintentionally fall asleep during the daytime hours as a result of fatigue. Scarier still was the fact that more than 3,500 surveyed adults admitted that they had dozed while driving at least once.

It is currently estimated that as many as 1,500 deaths are a direct result of drowsy driving. Not long ago, a law was enacted that made it possible for a person having not slept for 24 straight hours to be prosecuted for manslaughter if he or she caused a fatal accident. Even if lucky enough to avoid that fate, the dozing driver can face serious losses when put before a personal injury lawyer in court. Drowsy drivers are currently responsible for as much as 17 percent of all fatal car accidents. The popular show "MythBusters" had a special episode dedicated to this American epidemic. They provided proof that drowsy driving is as dangerous, if not more so, than driving while under the influence of alcohol.

So, before you jump in the car and head off to work in Saint Petersburg, be sure that you are asking yourself exactly how much sleep you got the night before. Are you truly well rested enough to be trusted behind the wheel?

Recently, US News highlighted the best 20 law schools for students looking to enter the field of law. If you are preparing to enter your final year in your Master's program in 2013, then now is a great time to start weighing your options for the next step.

The vast majority of the schools on this list are located in the Northeast corner of the country or on the West Coast. This likely comes as little surprise, but for those living in St. Petersburg, that can mean a rather significant change of scenery in order to earn a respectable degree. Fortunately, there were two colleges on that list that are slightly closer to home, though you can still expect to leave your Florida home if you are wanting to earn a Juris Doctor (J.D.) degree.

#15. Vanderbilt University in Nashville, TN. About 10.5 hours from home is Nashville, the capital of Tennessee, known as the Music City but also recognized for an award-winning university. Fifteenth on the list of the top 20 law schools, Nashville's law school carries a pretty hefty price tag, but then most of the top schools share that feature. One can expect to pay nearly $50,000 for the J.D. degree. With 78 full time employees, the school has a very respectable student-to-faculty ratio. Currently, there are approximately 580 students enrolled.

#7. University of Virginia in Charlottesville. If you are willing to travel a little farther (a little over 13 hours) from your Saint Petersburg home, then you might consider the beautiful University of Virginia. There are more than 1,000 students enrolled, but the number of employed faculty is higher as well, maintaining a decent student-to-faculty ratio of 11:1. The cost to attend this university as a law student hovers around the $51,000 mark.

As you begin weighing your options for law school, in an effort to join the ranks as a personal injury attorney, be sure that you consider the advantages of a top-ranked law school like these.

Whether as the driver of a motor vehicle or the eco-friendly employee walking to work, you can find yourself in a very serious and scary situation if an accident occurs. In either scenario - as the pedestrian or driver - you can be blamed for the outcome and should, therefore, speak to a personal injury attorney as soon as you are able. However, before that can happen, there are a few things that need to occur to protect the health and well-being of those involved.

Take Care of the Injured. If someone is hurt, get that person to a safe place, away from moving traffic and call 911. While there may be a need for immediate medical attention, it is best to wait for the Saint Petersburg medical team to arrive, if at all possible. You should perform only what is absolutely necessary, such as CPR, in the event of an emergency because you are not as well trained as a medical professional or emergency responder.

File a Police Report. Even if no one was injured, it is important to speak with the police and ensure that statements are taken from all those involved. Also ask the officer to take note of any witnesses to the incident. Otherwise, the accident can come back to haunt you later on down the road.

Avoid Saying Too Much. In your own statement, say only what is absolutely necessary and never admit guilt to the St. Petersburg police. While they are there to help you, anything you say in the statement could be used against you in the courtroom. So, exchange insurance information and contact information, but do not say more than necessary.

Contact your Lawyer. Once everyone is taken care of and the police have asked their necessary questions, it is time to contact your lawyer. Always speak to your attorney before answering the questions of the insurance companies involved and never provide a statement for lawyers other than your own.

A recent USA Today article suggested that arm lift procedures are up 4000 percent, as women become increasingly concerned about how their arms look. Plastic surgery, in general, has been increasing in popularity for the past two decades for a variety of different reasons, but understanding the dangers associated with it is essential before you talk to a plastic surgeon.

Infection - Any surgery makes you more susceptible to an infection. Whether you have an allergic reaction to a material or medication used during your surgery or you end up fighting an infection after the surgery, that tummy tuck or breast lift could leave you with thousands in medical bills and lots of time off work.

Medical Error - Things happen during surgery. One New England Journal of Medicine study suggested that one in four hospital patients suffer problems as the result of a medical error. It could be something that happens during surgery or it could be a problem while you're in recovery. Any time you're entering a hospital for any reason, there's a 25% chance that you're going to be the victim of an error.

The Surgical Risks May Not Be Explained To You - If you were trying to sell someone a car, you might be tempted to avoid disclosing the problems you've had with it. Your surgeon may not be completely straight with you regarding the medical risks, either. One study suggested that plastic surgeons routinely fail to disclose all of the potential risks to help patients decide to go ahead with the surgery. They have a financial interest in making certain you have that surgery, so they may not be the best person to let you know about all of the risks involved.

Plastic surgery is dangerous. While there are lots of great surgeons out there, understanding the dangers before you get involved is key to your health and well being.