Tampa St. Petersburg Injury Attorney Blog

During my time as a personal injury attorney in Florida, I occasionally come across the question of parental immunity for a child's personal injuries.

This comes up in a few different scenarios. Some times it presents itself in the form of what I call "friendly suits." It is a term that insurance defense attorneys hate. It is when a person is negligent and injures a person they care about. "Dont worry Johnny, I have insurance that will pay you for all the harms I have caused" is a common sentence in those situations. But wait, the insurance defense attorney then claims that the parents' insurance gets the benefit of parental immunity, meaning that the child cannot sue the parent. Ever. Remember that the injured person does not sue the insurance, just the person, then insurance pays for the loss. Likewise, insurance companies will try to require the benefit of that immunity.

The Supreme Court of Florida addressed the growing trend toward abrogating (getting rid of) the immunity. See Ard v. Ard, 414 So.2d 1066 (Fla. 1982). The Court noted an appreciation that liability insurance supplants the need to immunize parents which lead to a result that immunity is waived to the extent of available insurance coverage. Thirty two (32) states have abrogated the inter-spouse immunity as well. Waite v. Waite, 618 So.2d 1360 (Fla. 1993).

So what about the notion that parents are liable for negligent acts and injuries caused by their children? The rule is that parents are not automatically legally liable for all injuries caused by ordinary negligence of their children. There are exceptions, however, like driving cars and other "dangerous instrumentalities" like ATVs.

Each case is different and will be governed by its own circumstances, so it is important that if you are injured by the negligence of another person you call a qualified personal injury attorney, who knows the legal nuances of Florida law as soon as possible.

You guessed it! One more tax payer funded study was performed and apparently shows that the Tampa Bay area is an dangerous place for pedestrians including walkers and bicyclists. As if we did not know? As if all the stories we hear on the news or read online and in the paper are fictional?

This study was performed by the "Transportation for America" which lists the Tampa - St. Petersburg - Clearwater Florida area as the second most deadly place to be roadside in the United States. Now that is huge. So much for enjoying a nice quiet walk or cycling for a cure. Every time we step near the roadside we are taking our lives in our hands.

When a pedestrian is hit by a car or truck, the pedestrian rarely ever walks away without any injuries, and often suffers permanent fractures and expensive medical treatment and surgery.

The study revealed that Orlando was listed as the most dangerous place for pedestrians to be hit by a car or truck followed by the Tampa Bay area. And to complete the famous top four most dangerous places... wait for it... Jacksonville and the Miami-Fort Lauderdale area.

As you know, all of these cities are heavily populated with locals and tourists. The chances for something of this nature to happen is extremely high considering that our state's climate is tropical the with the exception of brief winters. With this in mind, the number of months that we cycle and enjoy nature with a stroll or power walk is going to be higher than other states.

Nationwide, the number of pedestrians being killed by vehicles has increased steadily. The study shows that a pedestrian is hit by a car or truck every seven minutes. The report found numbers that led to over 47,700 deaths and 688,000 injuries between 2000 and 2009.

The majority of those deaths happened along "arterial" roadways, according to the research. These roads were designed for speeding traffic. These types of roads have few provisions for people on foot, in wheelchairs or on bicycles.

The report found the worst cities for pedestrians as follows;
Orlando/Kissimmee, Florida
Tampa/St. Petersburg/Clearwater, Florida
Jacksonville, Florida
Miami/Fort Lauderdale/Pompano, Florida
Riverside/San Bernardino/Ontario, California
Las Vegas/Paradise, Nevada
Memphis, Tennessee
Phoenix/Mesa/Scottsdale, Arizona
Houston/Sugar Land/Baytown, Texas
Dallas/Fort Worth/Arlington, Texas

Sources:
www.baynews9.com/article/news/2011/august/297624/Bay-area-secondmost-dangerous

Clifford K. Wells, P.A.is a law firm which handles personal injury lawsuits for people who are injured St. Petersburg, Tampa, Clearwater, and the surrounding areas of Florida.

When practicing personal injury law in Florida, we often come upon times when the traffic signals are damaged or broken. It would seem that everyone knows to use extra precautions during those times. You must slow down, you must give the right-of way to someone else in the intersection first. However, as my time in court has taught me, people don't always do what they are supposed to.
Another problem that comes up is that at times, when a person loses their life in a crash, it is up to witnesses, nearby video cameras, and the scene to prove who was and wasn't at fault for a crash.
When going through the news, I heard about a recent crash involving what may have been malfunctioning traffic signals in Temple Terrace, Florida. A young female driver was driving her Volkswagen Jetta on Fowler Avenue like any other normal day. She was going eastbound and trying to turn left onto Raintree Drive. It was during that moment when she was broadsided by a Honda Accord, according to Temple Terrace police officers and declared dead at the scene according to police Capt. Greg Pauley.
The young lady was a 30-year-old woman who died early Tuesday morning in a car crash that caused the Honda Accord that hit her to burst into flames that ultimately blocked Fowler Avenue for several hours.
The Honda Accord driver was John Feiga, 21. He was taken to Tampa General Hospital. His condition was listed as serious.
Both vehicles were not recognizable in the aftermath of the crash. The Jetta that the young lady was driving, had ejected the engine due to the impact and lay on the ground nearby. What caused the crash is still being investigated.
According to police, the intersection had flashing yellow lights in both directions thus causing both cars to have been facing them simutaneously. The speed limit in the area on Fowler is 50 mph.
Meade may have just left work and was heading home before the crash occurred. According to people who knew her, she worked at Tally Ho Pub Bar and Grille on 56th Street, south of Temple Terrace.
The decedent's stepfather said she had majored in business, marketing and dance at the University of South Florida in Tampa and was finishing her last week of work and was planning to move back to Coral Springs with he and her mother.
"She was a great, fun-loving young woman," he said. "She was the sunshine of everyone's life."
Records show that Feiga, who was driving the Honda Accord was driving west on Fowler at the time of the collision, has no traffic or criminal violations in Florida. While the decedent had been arrested for driving under the influence of alcohol in 2002, and had other traffic violations including following too closely in 2007, police said that they did not think alcohol played any factor in Tuesday's fiery crash.

Continue reading "Malfunctioning signals and a fiery crash in Temple Terrace" »

From time to time, personal injury attorneys have to deal with property damage resulting from car crashes. While small property damage cases are typically be handled without an attorney because the damage is measurable, from time to time, when the damage the crash caused is extensive, we are needed to get involved. From time to time, you hear about people running their cars into a place of business or a house. The same rules of car crash liability apply; if you are allowing someone else to drive your car, you are liable for all the damage done by the person who is in charge of that car when it crashes into property. That rule flows "downstream" as well. If the person you loan your car to, then loans a car to someone else, say an eleven year old girl. You and your insurance are still on the hook.
Todays blog is about an interesting crash in Brandon on July 20, 2011.
Whatever the real reason was, we will never know. But what we do know is that Donald Leet told deputies he was teaching his girlfriend's 11 year old daughter how to drive.
The girl managed to crash her mother's sport utility vehicle into a water pipe at the First Baptist Church of Brandon about 7:30 p.m. on Tuesday night according to Hillsborough County Sheriffs office.
The 11 year old girl as well as another 7 year old girl who was in the back seat were screaming and crying as they climbed out of the driver's window. Deputies witnessed the girls in hysterics as well as the water shooting about 50 feet into the air.
According to deputies, no one was badly injured but definitely shaken up. Leet had a glass of wine with dinner and his driver's license was suspended.
Leet told deputies who were on the scene that he had allowed the girl to drive because he had a suspended license and a glass of wine.
"You are going to make me lose my job," Leet told deputies, and added: "Why don't you arrest a rapist or murderer instead of me. You're an illiterate Southerner. You don't know anything. You only have a high school diploma. You're dumb."
Yet he was the one who let an 11 year old girl drive?
After that, the deputies arrested Leet of Apollo Beach on two counts of child neglect. He was released early Wednesday on $4,000 bail.
This could have ended tragically as well but thank goodness did not.

Continue reading "11 year old girl crashes SUV in Brandon, Florida" »

All of the personal injury attorneys I know in Florida all preach the same thing to our friends and families... please make sure you have UM coverage on your automobile insurance policy. Today's blog is yet another story with that main theme.
In a wrongful death claim such as the one I will summarize for you below, there are many questions that instantly pop into the mind of the personal injury attorney reading about it: Was the person who caused the collision insured? Who's car was she driving? Was the car's owner? What were the automobile insurance policy limits? Is there some obscure insurance exclusion which will give the insurance company a way out of paying on their insurance contract? Whatever those policy limits are, they will soon be exhausted. After those are exhausted, I wonder if the person killed in the collision had UM (underinsured motorist) coverage on his automobile insurance policy? Are there more obscure locations of insurance for the at-fault driver?
I have found, sometimes, that a person who causes a crash may still be covered under their parents or resident relative's policies, but that is one part of your personal injury attorney's job; to find the coverage.
This collision occurred A Naples working mother of three young daughters, Stacy Lynn Naples was supposed to be driving her 5-year-old nephew home on Wednesday night. Instead of doing that, news reports indicate that she instead took her nephew to a drug deal while she was babysitting him. That's right. I said drug deal.
As in, she took her 5 year old nephew to exchange drugs for money.
She was supposed to also drive the child back to his mother, but that didn't happen either. Now not only does she face multiple charges, but has managed to take the life of Richard Trompke as well as injuring his passenger. .
With a long history of traffic violations including not having a valid driver's license for a decade, she was still behind the wheel, still driving erratically, and running stop signs. The kicker is, the children were passengers during all of this, endangering their lives as well as Trompke paying the ultimate price when she ran a stop sign and slammed into the side of his 2001 Kia Optima during a high speed chase with the police.
The cause of the high speed chase? News reports say it was a drug deal gone bad. When Police observed Michelle Cruz, 41, get into the backseat of Naples' car at the exchange location of 34th Street and 47th Avenue. Isaiah, the nephew- sat up front, without a restraint. After questioning, Michelle Cruz

Continue reading "Drug dealing and driving leads to a crash in Saint Petersburg, Florida " »

Today's personal injury blog is about an interesting story out of Orlando, Florida. Usually, scary moments are not what we should encounter when we hop the bus, but for some passengers on board, not one, but two LYNX buses scary moments are exactly what they encountered during two separate accidents in the same day. I have in fact been forced to file suit against a number of various bus companies in my years as a personal injury attorney, I have never had to sue LYNX. While in these collisions, it appears that the bus drivers had done nothing wrong and were not at fault for causing the crashes, but bus crashes do bring in their own set of issues for personal injury attorneys.

If you are in the unfortunate position of being struck by a bus, you soon find out the effect of the difference in weight between a car and a bus or semi will have on you. To make a very long story short, more energy is transferred into your body, so it hurts you worse.

One issue in bus collision law that not everyone knows that that often times, bus companies, such as PSTA we have in Pinellas County enjoy limited liability of a government branch. Even if the bus driver does injure you, you will only be able to recover $200,000 no matter how bad your injuries are. While this seems like a lot of money, just remember that same cap applies if there is more than $200,000 in damages! Importantly, attorney's fees are also limited to 25%. The practical effect on this is that most aggressive lawyers will not even represent you unless the case is a "slam dunk" and there are significant injuries.

In the cases at hand, however, it appears that the buses were rear ended by cars, and both involve numerous personal injuries to the occupants. While it may seem hard to believe that a car can ram a bus hard enough to cause injuries to the occupants, read on. It happens. Bus occupants are not facing forward and do not have to wear seat belts.
According to reports, the first collision occurred at the intersection of North Orange Blossom Trail and Rosamond Drive. In that crash, a car crashed into the back of the bus when it stopped to unload passengers.

I hear from the news that eight passengers were treated for minor injuries. The driver of the car was not so lucky, being taken to Florida Hospital in serious condition. He faces careless driving.

The second crash involved six passengers being treated for injuries and occurred at OBT and Fudge Road.

According to reports this too involved a vehicle rear ending the bus and was so serious that firefighters had to cut open part of the car in order to for the driver and his passengers to be freed.

Continue reading "Two Linux Buses - Two Bus Crashes in Orlando, Florida " »

As a personal injury attorney who specializes in car crashes, I too had to make some gentle adjustments when I moved to Florida in 2001. As you can imagine, I do see far more personal injury cases involving elderly as my midwestern injury attorney counterparts.

The fact is that Florida has the highest percentage of people who are 65 or older. That is approximately 17 percent of the Florida's population. And as more baby boomers move to Florida to retire that figure is expected to reach far more than 25 percent. You know what that means? It means more seniors behind the wheel and more defensive driving needed by the younger driver's.

There is a bright side though to all of this says the FHP. They apparently are already taking steps to minimize the risks. Risks that come along with the influx of senior drivers, including using special suits designed for younger drivers to simulate the elderly driving experience to help them understand what they are up against.

Capt. Mark Welch said "The family members can actually see those changes and they can help," he said. "It's a tough call, but there comes a time where Grandma or Grandpa might not be driving any more."

He has high hopes that more people will be aware of the impact of seniors' declining vision, reaction time and awareness.

Due to our modern medicine, people are living longer. Even though elderly drivers might be capable of driving well into their 80s and even 90s, doesn't mean their bodies won't feel the effects of aging. Even if the older generation may still be sharp and witty, the physical changes to their bodies such as tightening muscles and arthritis, can be difficult to and challenging to them. What used to come easy now is a task.

Automakers such as Ford Motor Company have stepped up to this senior challenge and are currently changing some of the vehicle to assist the elderly. For example, Ford is showing off an entire portfolio of senior-friendly features, including adjustable pedals and bolder type on dashboard controls.

Those changes are a direct response to what officials in Florida have flagged as hurdles to keeping the elderly safe behind the wheel.

"We're hoping to approach it through the lens of a universal design, that if we can find ways to make it easier to respond to oncoming traffic, to see out of your rear view mirror, to be alerted to cross-traffic, collision or other obstacles, that we do it in a way that works well if you're 16 or 61," Ford spokeswoman Sheryl Connelly said.

The Florida Department of Transportation is also preparing for the increase in elderly drivers by starting to widen roadway striping and doubling the number of reflectors that help divide lanes. The increase in reflectors will assist the elderly in driving at night.
The Florida Department of Motor Vehicles has also made stricter requirements for senior drivers. By placing restrictions on the drivers licenses, ensures that they are driving within their abilities.

In addition to being a convenience and an enjoyable activity for many people, driving is also a symbol of one's independence. As we age, there are a numerous factors that can affect our driving skills, and hinder our ability to safely operate a motor vehicle. The Florida Department of Highway Safety and Motor Vehicles wants older drivers to maintain their driving independence as long as they continue to drive safely and confidently.

Due to the increase in the senior drivers, the chances for accidents also increase. In the event that you should encounter an unfortunate accident, make sure to follow the steps of securing the proper information for yourself.

Continue reading "Seniors behind the wheel in Saint Petersburg, Florida" »

As a personal injury attorney, you see a lot of what can change in an instant. Again, and again, every crash gets categorized into the framework of liability and damages.

Last week, news reports indicated that Alicia Dawn Shaheed, 18 , of Morgantown, WV, was killed and three others were airlifted to Tampa General Hospital in a crash that happened just before 10 p.m. Wednesday evening. According to officers, five teenagers were in a Toyota Solara that exited I-4 and were trying to turn left at Columbus Drive. A Mazda being driven by Randolph W. De Sylvia, 19, of Tampa, smashed into the Toyota, rolling it into a ditch across the road. De Sylvia sustained minor injuries. According to officers, the 19 year old De Sylvia, the driver of the Mazda, did not have a drivers license.

In a situation like this, where numerous youngsters lives are turned upside down, it begs a common question; what is my exposure when I loan my car to my child?

In Florida, a car is considered a dangerous instrumentality. Similar to a gun. If you lend it to another person, and that person negligently injures people, you are automatically (vicariously) liable for all the damages caused, past, present and future.

In this crash, one of the victims, Dawn Shaheed, was riding in the back of the Toyota and died at the scene. The other passengers in the backseat of the Toyota, Kalima Haneef, 20, of St. Petersburg, and Shontae Shaheed, 19, of Morganton, WV, were taken to Tampa General Hospital with life-threatening injuries. The driver of the Solara, Chaz Yount, 20, of Tampa, did not sustain injuries. Yount was apparently driving with just a learner's permit.

The front seat passenger in the Toyota, Naquan Yancey, 17, of Tampa, sustained life threatening injuries and was transported to Tampa General Hospital, as well.
As of Thursday afternoon, Kalima Haneef and Shontae Shaheed were in fair condition. Naquan Yancey was in critical condition.

The westbound lanes of E. Columbus Drive at the exit ramp from Interstate 4 to Columbus were closed for hours as crews responded to the crash. Officials said the crash still remains under investigation.

Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group.1 In 2009, eight teens ages 16 to 19 died every day from motor vehicle injuries. Per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash.

Who is most at risk?

Continue reading "Teens killed in fatal Tampa car crash" »

A public service announcement on drinking and driving by a personal injury attorney to prevent ever having to meet one.

We have all been there at some point in time. Out with friends, dinner, movies, dancing, a few cocktails, and "hey, how about a few more cocktails?" Before we know it, we have gone over the limit and wondering just how on earth are we getting home. Your decision is the reason you will never have to meet a personal injury attorney like me at trial.

Today's blog is devoted to an alternative to driving home drunk.
Some people in the aforementioned situation foolishly decide that they are just fine and can make it home. So, they get behind the wheel of their car and give it a shot. Some make it home unharmed and do not cause harm to anyone else either. Others do not fair so well and become a statistic. The ones that fail add to the overwhelming numbers of people whose lives have been affected by drunk drivers, or have been caught driving drunk. It is not a pretty sight. Not for yourself, or for others. As I mention all the time in my blog, if a person injured by a drunk driver gets a personal injury attorney, the drunk driver will not only face criminal charges and medical expenses, but they will also be liable for punitive damages. Thankfully there a little hope.

A new company has emerged that is based out of Ohio called "Be My Designated Driver". It is a company with a vision of changing the growing numbers of alcohol related deaths by offering a service different than that of a traditional cab agency. Their hope is to keep drunk drivers off the roads and save lives.

Be My Designated Driver has teamed up with bars and restaurants especially in Ybor City, Florida. Local restaurants such as "The Green Iguana" are one of the establishments to promote the service.

According to one of the company's driver George MacDonald, they work as a team of drivers who will come by, pick you up, as well as your vehicle and deliver you both home safe and sound. Imagine that! A service that will actually pick your vehicle up as well! No more worrying about being towed, ticketed or even worse in an accident. Not to mention the possibility of being arrested and going down that horrific path!

Steve Lavelle, manager of the popular hangout "The Green Iguana", says that he and his employees recommend the service. The idea of having a personal chauffeur is what increases the popularity of this new company. It offers convenience, security, and most of all safety not only for the intoxicated individual but for all the others that could have potentially crossed their path in the evening on the way home.

James Roy from Michigan says that the service was very successful and popular in the area he came from and that many of his friends had utilized the service in the past. The price is reasonable starting with a flat fee of $25.00 and then a mileage charge. The more miles, the cheaper the overall mileage gets. Not bad for a feeling of safety and security. Not bad for a great feeling that you did not ruin someone else's life as well as your own. Overall, it gives a sense of peace knowing that if you have managed to have one too many, there is hope!

Be My Designated Driver is currently operating in 16 states and 42 cities.
Another alternative now available in the Tampa and Saint Petersburg, Florida area is called zingo. See www.zingopinellas.com.

Take it from a personal injury attorney. The fare for one of these designated drivers is less than a DUI ticket and less than your insurance will charge you if you hurt someone else in a car crash. This is the difference between you and the people who I sue. Be safe, my friends!

Sources:
http://www.tampabay.com/news/business/article949192.ece
http://www.wtsp.com/news/local/article/197532/8/New-Bay-area-business-targets-drunk-drivers

A two-car crash happened on Tuesday morning at U.S. 301 and 51st Avenue East involving a 79-year-old Bradenton man who later died according to Florida Highway Patrol.

News is reporting that according to FHP, a Honda Civic headed south on U.S. 301 entered the intersection and collided with a Chevy Uplander driven by Robert Zandstra, 79, who later became the victim of this fatal accident. He died after being flown to Bayfront Medical Center in St. Petersburg via helicopter.

The driver, Zandstra, was apparently driving east on 51st Avenue East and had stopped his Chevy Uplander at the intersection. He then entered on a green signal, FHP said.
68-year-old Sarasota resident Darla Clark, the driver of the Civic, told investigators she had a steady green signal when she entered the intersection. The Honda hit Zandstra's Chevrolet on the left side and caused his vehicle to rotate clockwise, according to the release.

FHP crash investigators say they do not know at this time who ran the red light, and charges are pending further investigation. In earlier blogs, I have discussed red light cameras. At a time like this, those red light cameras being installed in various locations in Hillsborough and Pinellas County would be quite helpful in determining who is liable for breaking the law, and therefore, who's insurance should pay for the injuries and damages in a personal injury claim. Although it would not stop the crash from actually happening due to driver negligence, it would help in determining who is actually at fault especially in an accident involving a fatality.

The driver of the Civic, Darla Clark and her passenger, 40-year-old Darrin Clark of Sarasota, both incurred minor injuries and were taken to Manatee Memorial Hospital. A passenger in Zandstra's Uplander, Joy Clyde, 63 of Bradenton, also experienced minor injuries and went to Manatee Memorial.

Our thoughts and prayers go out to the families of the deceased.

Source:
Sarasota Herald

Another person was arrested for DUI after causing a personal injury car crash that he caused and fleeing from the scene in Pinellas County.

6/22/11, Pinellas County, Florida:

News reports indicate 57-year-old Jeffrey Braden crashed the Ford Explorer he was driving into John Svoboda's Toyota Tacoma pickup truck on Pasadena Avenue last week. According to the Pinellas County Sheriff's Office, the accident happened at Huffman Way just before 9:30 p.m. Tuesday evening. The intoxicated Braden then fled the scene, officials said. News reports are not clear if either person involved an an attorney.

John Svoboda the victim of the drunken crash was taken to Bayfront Medical Center and treated for non life-threatening injuries.

A report was made to authorities by a witness whom managed to retrieve Braden's license plate number. Deputies took the lead and followed up by going to Braden's home on south Shore Drive. After interviewing Braden, officials said Braden admitted he had been drinking before the crash.

Officials arrested Braden on charges of driving under the influence, DUI with personal injury/property damage, leaving the scene of a crash with personal injury and property damage. After being treated for minor injuries, Braden was then taken to the Pinellas County Jail.

Drinking and driving do not mix. People are losing their lives as well as the others that become the victims of their unfortunate escapades.

If you are a victim of a DUI crash there is help for you. There is no reason why you and your family should suffer the consequences of someone else's intoxicated judgment call.

Here are a few things to do if you are involved in a motor vehicle accident. Especially if you suffered any injuries:
1. Stop (as long as it can be done safely):
Immediately after you get into an accident, stop. (Of course move to safety if needed). If you caused the accident, don't run. Take responsibility and acknowledge your error.
2. Check for Injuries:
Immediately after the accident, check yourself, your passengers, and the individual(s) in the other vehicle for injuries. If there are injuries that need medical attention, call 911. Before you even look at the damage done to your car, check everyone involved for injuries.
3. Call the Police:
I strongly suggest calling the police even in minor car accidents. People who seem friendly at the scene often change their tune when they are on the phone with their insurance company. If the accident is serious, or it's a hit and run situation, the authorities need to be notified immediately. Most insurance companies require you to call the authorities in a hit and run situation if you want your damage to be covered.
4. Exchange Information:
Make sure to write down the other driver's license, full name, address, date of birth and insurance company and policy number. If their proof of insurance is expired, let the police officer know.
5. Document Damage:
If you have a camera on hand, take pictures of the damage as well as location and situation of the cars/trucks involved. Use your cell phone if you have to, and download the pictures later. If you don't, write down details about the damage.
6. Contact an attorney:
7. Contact Your Insurance Company:
Immediately after the accident, contact your insurance provider about the accident and provide all details regarding it.

Car accidents are never fun, and especially if they are involving a DUI crash. If you ever find yourself involved in one in St. Petersburg, FL, remember these steps. They will help you resolve the incident. A personal injury attorney could also make some suggestions to you as well as represent you in your steps to solving this situation.

Most personal injury attorneys, myself included do not charge for a consultation and only get paid out of money they recover for you. I also advance the costs it takes to take your case forward.

Plaintiff personal injury attorneys have to deal with savvy, well paid insurance attorneys who will use common behavior while you are at the doctor's office to deny your claim.

Your attorney may have instructed you on some of these issues, but if not, or if you do not have an attorney, consider the following when you do visit a doctor after a car crash in Saint Petersburg, Florida and avoid these common mistakes.

Give your doctor a complete history:
It starts while filling out your doctor's intake form. Typically, you will be asked to fill out a very long intake form when you arrive at a doctors office. Often, people quickly gloss over this step as a nuisance. They some times list only the worst issue at the time leaving what seems like the less painful issues off. People also get bored with filling out the form or get impatient and leave off what they consider "ancient history."

Do not do either. Take the time and be complete in giving all of your current symptoms and complete history. The insurance companies will go through your written history with a fine tooth comb looking for omissions. They will try to impeach your doctors' opinions by saying "that doctor didn't even know he/she had prior pain in that area, how can he know if this crash caused this injury?"

Furthermore, If you completely leave an injury off the intake form because you did not think was significant, and it becomes more problematic later, the insurance attorneys will assume that you had absolutely no pain at all. They will point out that "you had no complaints at that visit, therefore, you are trying to collect for an injury that happened after the car crash." This happens most often with joint pain like knees that begin after a crash as dull, intermittent pain but degrade over coming months and eventually become very costly personal injuries requiring expensive treatment.

If you fail to include a complete history of pain, even when it was years prior, the insurance attorneys will call you deceitful and accuse you of trying to collect for old injuries. Be open and honest about prior injuries so that your doctor can identify positively if this is a new injury or not.

Do not embellish:
Lying about injuries is obviously one of the most damaging things you can do to your case. If you are injured you do not need to embellish or make up symptoms. I typically withdraw if I suspect that my client has lied about their injuries. These days, with MRIs and current doctors treatment, doctors can spot people who make up symptoms.

Be specific about your symptoms
Your doctor will be best able to identify your injury and treat you if you are specific with regard to your level and frequency of your pain.

If you have been in a car crash and have pain which warrants doctor's treatment, you are already going through a lot. Make certain that you do not make a mistake at your doctors visits which give the insurance company a chance to deny paying for your medical bills.

If you have any questions about your treatment or your rights and responsibilities after a car accident, contact a personal injury attorney immediately.

Clearwater--

From time to time, personal injury attorneys have the experience of having to hearing about a friend or acquaintance involved in an automobile crash. Because we see so many crashes, it is always worrisome to see a person we knew before the crash and it hits a little closer to home.

Today's blog is relating to a recent pedestrian v. car collision involving one of our bailiffs over in the Clearwater Courthouse. Of course, we all wish him a speedy recovery.

While I spend the majority of my time at the Saint Petersburg, Courthouse, I am sure I have seen s Deputy Atchison at least a few times. News reports indicate that he was on his way to work on Friday, crossing Court Street at the crosswalk. He had a smile on his face and happy it was Friday, until a vehicle making a right hand turn from Osceola Avenue onto Court Street struck him.

I hear that a witness approached and confronted the vehicle's driver a 32-year-old Alejandra Manzo. Apparently, the witness advised the female driver that she had just struck a deputy and needed to stop. The driver ignored the warning and took off for work.

Shortly afterwards, deputies began searching for Manzo's vehicle and finally located it at 23 Rockaway Street in Clearwater Beach where she worked at a nearby restaurant. She was quickly arrested for leaving the scene of a crash with injuries, driving with a suspended/revoked license with knowledge and also cited for failing to yield to a pedestrian in a crosswalk.

Deputy Atchison was transported to Morton Plant Hospital for treatment of non-life threatening injuries. He was treated for a knee injury and released to recover at home.
Employees of the court house have frequently mentioned how dangerous this intersection is, and their wish for something to be done about it. Apparently, the flashing lights and pedestrian crosswalks are not enough. Maybe Friday's incident will reignite the debate.

I have heard that some are giving serious consideration to a raised crosswalk. It would allow pedestrians to avoid traffic by walking over the street if they like. As always, the costs do need to be considered in this time of cutbacks, but the costs climb when one of our friends is injured like this.

Our thoughts go out to Deputy Atchison and we wish for your speedy recovery. As for all the others at risk crossing that intersection, please be careful.

Sources:
www.Baynews9.com

http://www.tampabay.com/news/publicsafety/pinellas-bailiff-injured-by-hit-and-run-crash-outside-downtown-clearwater/1175884

Car Accident / Insurance Claims - Do's and Don'ts
If you have been involved in any kind of an accident, whether it was a car accident, truck accident, or motorcycle accident, you will undoubtedly have to deal with your insurance company as well as the insurance adjusters of other parties involved. I know filing an insurance claim and handling insurance adjusters can be quite daunting. That's why we're going to try to make it easier on you by following some basic dos and don'ts to remember, regarding your accident as well as your insurance claims. This is a supplement to my prior blog from May 25, 2011 on "What to do after an automobile accident in Florida."

Do's
Do contact your insurance company after your accident or injury. Of course, I always suggest you call a qualified personal injury attorney first, because you need someone to look after you. Your insurance company's job is to do the opposite. Nevertheless, most policies have notification provisions. In other words, if you do not tell them you have been in an accident, they may try to deny coverage!
Take time to read your insurance policy and understand the coverage you have and what it means. Take some notes, who explained it to you at your insurance company, and what they said. This important knowledge keeps you on the right track as to what claims your policy will cover.
Do try and get as many details of the accident as possible including taking pictures of the damaged vehicles and if possible, any injuries sustained. Also do try to take down the names and numbers of any witnesses to the accident. This is very important.
Do write down the insurance details of any other person or vehicle involved in the accident even if it is with your child's crayon! This is very important for recovering your losses due to damaged vehicle etc... If you don't have a writing utensil, send yourself an email or a text with your phone, or even take a picture of their insurance card with your camera or phone. Do the same with their drivers' license. Ask them if they have an "umbrella" policy other than their automobile policy.
Do keep track of any phone calls and conversations with the insurance adjusters, agents, or anyone else you spoke with that is involved in the processing of your claim.
Do save all your receipts and bills for any and all expenses regarding your insurance claim. This would include, repair work on the damaged vehicle, any medical costs incurred because of the treatment of your injuries especially those that are covered by your insurance policy. It is easiest to make one file where you keep everything, notes and receipts in one place
Be honest with the insurance investigators. There is too much dishonesty out there in the world today and you do not want your claim to be denied for fraudulent reasons.
Do check to see if you have more than one insurance policy that could provide coverage for this accident or injury. Many people have multiple insurance policies that they can file valid insurance claims on. Make sure to check all your insurance policies for such coverage.

Don'ts
Don't admit to any kind of liability on your part unless you are absolutely certain that the other person did not contribute. Just relay the facts in this situation. The ascertaining of liability is affected by different circumstances. It is the job of the insurance investigators to gather all facts and evidence and then determine liability.

Continue reading "Car crash do's and dont's - a supplement " »

PLANT CITY --

The main issue personal injury attorneys run into dealing with multiple car pileups like this one is, as you can imagine; insurance coverage. I represent people all the time who are one of many that are injured in such crashes and the outcome is all too familiar. The person who caused the crash rarely has enough insurance to go around.

In this case, the story unfolded around 3pm on Friday afternoon on Interstate-4 eastbound in Plant City near mile marker 19.

The crash left two people dead, three in serious condition and another in critical condition. Five cars were involved in this serious and fatal pile up.

News outlets report that the accident happened when the driver of a 2006 Ford pick-up truck collided with the rear of a 2007 Toyota Camry. After that it was no holds barred when a chain reaction of events started involving several other cars which sounds like a "Final Destination" movie scene.

The driver of the truck, Joshua Russo, 36, and an unidentified passenger, suffered serious injuries and were taken to the hospital according to Florida Highway Patrol officials.

Shantel Lawton, 47, was the driver of the Camry and suffered serious injuries. Two other passengers, Windelon Seymore, 66, and Brenda Evans Richard, 56, died. Amanda Evans Coleman, 47, a third passenger, suffered critical injuries.

One other driver involved in the accident also had minor injuries.

Officials finally decided to reopen eastbound interstate lanes to traffic on Friday at 7:30 p.m.

When this type of collision occurs, we attorneys typically get the same question; how does the insurance play out?

When you look at your automobile insurance policy, your Bodily Injury coverage typically gives two numbers, for instance; 50,000/100,000 or maybe 10,000/20,000. The first number is how much each person you injure can recover. The second represents the total insurance for each crash. When you negligently hurt numerous people, they are left fighting over the second number. The rest has to come from their own underinsured motorist (UM) coverage, your homeowners umbrella policy, or your personal assets.

In a case like this involving numerous wrongful death claims. Many millions of dollars could be changing hands. I certainly hope the injured folks have UM coverage to help out.

In the mean time, lets hold the victims and their families in our thoughts and prayers.

Sources:
Baynews9.com for more details.