North Florida Injury Lawyer Blog

Airbags are designed to prevent severe personal injuries, so what should you do when a faulty airbag deployment is the cause of severe personal injuries. Also, situations may arise where personal injuries are the result of an airbag not deploying during a collision or accident.
When drivers suffer such issues they often try to go through car dealers or manufacturers for compensation and are unsuccessful because the seller or manufacturer does not want to admit fault or liability. While the company may not want to accept fault, typically the injuries that result from unexpected airbag deployment are considered a product liability issue and the manufacturer would have to address the injury claim.
Recently in Jacksonville, Florida, The Florida Times Union automobile section had a reader that wrote in for advice regarding defective airbag deployment of a Mercedes E350 where the driver airbag and passenger side airbag simply deployed without impact. The reader thankfully suffered no injuries, but was having a lot of difficulty getting the repairs completed. This is unfortunately a common issue even though the manufacturer is the best one to provide the service necessary to correct the problem.
The reason a faulty airbag deployment would occur would be from a defect, negligent construction of the airbag deployment device or poor construction of the airbag system. When there are multiple individuals claiming the same type of incident, often a recall of a vehicle or parts of the vehicle will occur.
A manufacturer can be held liable for injuries that result from a faulty airbag deployment or injuries suffered due to an airbag not deploying properly.

Continue reading " Faulty Airbag Deployment Can Be Dangerous " »

Falling in a Florida grocery store, mall, movie theater or just on the sidewalk in Northeast Florida can be embarrassing, but it can also lead to serious injuries. If you are injured by as a result of aFlorida slip and fall incident, some simple but important actions can help protect and enforce your legal rights.

1. Report the Incident. Make sure that the incident has been reported to an employee or a manager and write down the name of that person.

2. Witnesses. If there were witnesses to the incident or witnesses to the condition that made you fall (i.e. water on the floor, ice cream on the floor, etc. . .), then speak to the witness and get the contact information for the witness. While the store may complete an incident report, the store may not provide you with the incident report or the name of the witness in the future. Get your own information (if possible) rather than relying on the store to provide it to you.

3. Look for what caused your fall. Was there a warning sign by the danger? Photograph the area where you fell, point it out to someone nearby, and pay attention to the location of the area, size of the spill or dangerous condition, time of the fall, and other details.

4. Seek medical treatment if you have any pain.

Continue reading " I Slipped and Fell at a Store in Florida: What Should I Do? What Are My Legal Rights? " »

In Florida, there is great joy and pleasure in owning a boat or just taking a ride on a friend's boat. There are, however, many dangers to boating. One of which is the danger of carbon monoxide poisoning. Generators on boats power the electrical system and the air conditioning. It is vital that a generator is properly installed and that it is checked to make sure that carbon monoxide exhausts do not pose a threat to occupants of the boat. Tragically, there have been many reported incidents of people suffering personal injuries and even death as a result of carbon monoxide poisoning while occupying a boat. Get a professional to check the equipment including the generator. Safety precautions can and do save lives. People spend thousands upon thousands of dollars on boats. It makes sense to spend a little bit more money for safety and peace of mind. This is especially true when children occupy the boat.

Florida summer pool parties are regular weekend activities. With pools come children and that can lead to an unexpected accident. In Florida law, pools are considered an attractive nuisance. This basically means they are attractively dangerous to individuals. In this case, children may be attracted onto your property by a pool and if they are injured while on your property, then you can be liable.

In the summer many kids are out venturing the neighborhood during the day while the neighbors are at work. A pool is often attractive kids, especially on hot summer days like we have in Jacksonville, Florida.

In order to prevent accidents, it is important to have safety precautions set-up around the perimeter of the pool. The best precaution is a perimeter gate inclosing the pool with a latch and a lock on the latch. Often this is a good deterrent, especially for younger children.

If you have a pool inside an inclosed porch it is important to make certain that your locks are in good working order. Check the locks seasonally to ensure the best safety for the children in your neighborhood.

If you host pool parties at your home then be careful supplying alcohol while the children are in the pool. The more alert the crowd the less likely a child will go unattended around the pool. If the adults are going to be in and out of the house, then it's a good idea to have one of the older kids (over 12 years of age) play "life guard." While s/he will not be able to save a child from drowning s/he will respond by getting an adult.

Enjoy your summer, but also be cautious so that summer fun doesn't end in catastrophe. If you have any questions or have had a child injured while at a friend or neighbor's pool, then do not hesitate to contact a lawyer.

Written by: Lenorae C. Atter, Attorney

A totaled car on a Florida interstate is, sadly, a common sight on our roadways. Typically, you merely see the aftermath of a Florida automobile accident. It is quite a different story and experience when you are the one who is the victim of a Florida automobile accident. After the crash, what do you do? Who do you call? How do you deal with the other driver? the police officer? fire rescue?

What are the right actions to take when facing your own car accident? In today's world of cell phones, most likely your crash was reported when it occurred. Today's driver is more likely to report an accident when it is witnessed. It is important for you to make certain that you are okay. Take a moment before exiting the vehicle to compose yourself so that you can fully understand what is going on around you. Once exiting the vehicle, if you have your cell phone, then definitely call 911 and let them know you were in an accident and where you are located. Also, if you have any concerns about you or the other driver or passenger being injured, let the 911 operator know so they can get the right responders to the accident scene.

If you can get to your insurance card and registration have that ready for the police when they arrive. They will need this to properly document the driver exchange information. If the car is not accessible do not attempt to get these items. It can be much more dangerous to reenter a crashed vehicle due to glass and parts being in places you may not expect.

Through Florida no-fault insurance, which you are required to have, you have up to $10,000 in medical bills coverage, depending on whether you have a deductible. Your car insurance will pay 80% of your medical bills regardless of fault.

Be prepared to wake up the next day feeling worse than you did before you went to sleep. Often injuries do not show up for a few days after an accident. This is due to a number of things including adrenaline, but do not hesitate to seek medical treatment. The sooner you can treat your injuries the better success you will have it getting better in the long term.

Insurance companies often times will contact you the day of the accident or the day after the accident. Before you discuss your automobile accident with any insurance company including your own, seek advice and consultation from a Florida personal injury lawyer. Insurance adjusters are highly trained individuals who typically have handled thousands of claims before handling your claim. As such, it makes sense for you to have information and advice from your own advocate - a Florida personal injury lawyer - to make sure that your rights are protected and enforced pursuant to Florida law.

To assist you with the processing and insurance payment of medical bills, wage loss and other economic damages, consult with an attorney before accepting any money from the at-fault driver's insurance company. A Florida personal injury attorney can review and advise you of your elgal rights and explain the Florida claims process.

A physician’s assistant at an OB/GYN office who is seven months pregnant was injured on July 8 in a two-car accident in Ocoee, a suburb of Orlando.

Carolyn DeWalden was on her way to work when her SUV was struck violently from behind by another car as she was entering a parking lot. DeWalden’s SUV was flipped over from the impact of the rear-end collision, leaving her hanging upside down until emergency medical personnel arrived at the scene.

DeWalden, who was thankfully wearing a seat belt, was extricated from the SUV and transported to Orlando’s Winnie Palmer Hospital, where she was reported in stable condition. Medical reports have indicated that she and her baby did not sustain any lasting injuries.

According to SaferCar.gov, a government website dedicated to car safety education, rollover crashes account for nearly 33 percent of all passenger vehicle fatalities in the U.S. each year. In addition, the site notes that a driver or passenger is 75 percent less likely to die from a vehicle rollover accident if they are wearing a seat belt.

SaferCar.gov reports that nearly 10,000 Americans are killed every year in passenger vehicle rollover accidents. In addition, the site says that taller, narrower vehicles like SUVs are more likely to experience a rollover.

Millions of American families hit the nation’s highways each summer on a quest to enjoy that perfect summer vacation. Unfortunately, a number of families also have that vacation interrupted by an auto accident.

According to the National Highway Traffic Safety Administration (NHTSA), a significant number of children killed each year in car crashes were unrestrained. Their statistics show that in 2006, about 50 percent of the 1,535 children under the age of 15 that were killed in auto accidents did not have any kind of seat restraint device in use. In addition, 63 percent of fatalities in the 16-20 year-old age group were not wearing seat belts.

The NHTSA also estimates that in 2006, over 15,000 children over the age of four were saved because they were wearing a seat belt.

In addition, NHTSA statistics from 2008 show that the use of child safety seats in passenger cars cut the risk of fatalities for infants by 71 percent and for toddlers by 54 percent. The agency says that there are four ways to protect your children while driving, during summer vacation time or any time:

• For infants, use rear-facing child safety seats
• For toddlers, use forward-facing child safety seats
• For children between the ages of 4 and 8, use booster seats
• For children over the age of 8, use seat belts

For more information on protecting your children in the car, visit http://www.nhtsa.gov/Safety/CPS.

A 25-year-old Lake Butler man has been arrested in connection with a Union County hit-and-run accident that killed a Starke woman and injured her 10-month-old daughter.

According to police reports, Julius Crusaw drove his pickup truck through a stop sign in a rural area west of Worthington Springs, and crashed into a Jeep driven by Jodie Norris, 23. A Union County deputy, who saw the pickup driving erratically and speeding, was chasing Crusaw when the accident occurred.

Crusaw ran from the vehicle following the crash; canine units and other law enforcement agencies were unable to find him. Crusaw later turned himself in after contacting the Alachua County State Attorney’s Office the following day.

According to the Florida Highway Patrol, Norris died at the scene; her daughter was transported to Shands at the University of Florida in Gainesville where she was listed in serious condition. Subsequent news reports said that she is expected to recover.

Crusaw, who was driving with a suspended drivers license, has been charged with fleeing and eluding police. Deputies speculated that Crusaw fled because he has a long history of traffic violations as well as unpaid speeding tickets.

An investigation into the fatal auto accident is continuing.

closing of a Jacksonville Nursing Home, Glenwood Nursing Center. In accordance with Florida Statute 440.022(O) residents living in a nursing home have a right to be protected from personal injuries resulting from mental or physical abuse. Due to an investigation by the Department of Children and Families, it came to light that such protections were not in place at Jacksonville’s Glenwood Nursing Center and on July 15, 2010, residents and their families discovered the State of Florida will be revoking the facility’s license due to such violations.
The abuse reported by Department of Children and families was not the stereotypical abuse we hear of regarding bed sores and lack of treatment, but was due to patients being injured due to the actions of other patients and injuries resulting from falls. A facility’s duty to protect goes beyond providing care directly to the patients, but also protecting patients from others that have violent tendencies. Over the years there have been reports of patients using their wheelchairs to injure others and the facility has failed to properly supervise and separate the offenders from the other patients. Patient on patient fighting should not be tolerated and the facility’s failure to stop such abuses shows negligence in training its employees to property supervise and protect its residents.

Other signs of abuse were those due to lack of supervision of patients leading to injuries from patients falling. While an occasional fall will occur, the number of falls in the last 5 years at Glenwood Nursing Center caused alarm in the investigation. One patient reported having multiple falls and related injuries since entering the facility. These types of reports have also led the state’s decision in the license revocation of Glenwood Nursing Center.

Continue reading " Nursing Home Abuse Closes Jacksonville, Florida Glenwood Nursing Center " »

By: Lenorae C. Atter, Attorney

In Florida, a dog bite or attack is considered strict liability.

What this means is that regardless of any action taken by the dog's owner, that owner is responsible if the dog attacks someone. Typically, the dog will be covered under the owner's homeowner's insurance regardless of whether the incident occurs on the home's property. Often, homeowner's insurance has a medpay provision, which pays for medical expenses up to a certain amount. If the damages go beyond that amount, then it may be a situation where the victim of the attack files a claim against the homeowner and the insurance will back up the homeowner with the money.
However, if the homeowner's insurance has an exclusion clause for dogs, then the individual owner will be liable for said damages. While none of want to think of suing our neighbor, we often don't want to think about losing the use our limb from a dog bite.

If you are the victim of a dog bite or dog attack, it is best to find out what your options are. It is also a good idea to see a doctor to determine your actual injuries. If you are approached within a few days of the bite by the dog's owner, do not simply accept an amount from them in payment of your injuries. Sometimes injuries turn out to be worse than first assessed. With dog bites, unfortunately there is a significant chance of infection, so you do not want to accept less money and wind up with a more severe injury a few weeks later.

It is always a good idea to have a consult with an attorney to discuss your rights and the action you should take. In a case like this, Wood, Atter & Wolf, P.A. handles it on a contingency fee basis, meaning you owe us nothing unless we get you money.

A Fernandina Beach, 24 year-old woman suffered fatal injuries from a car accident caused by a driver that ran a red light on Sunday evening on US Highway 1 in Nassau County. According to Jacksonville's Channel 4 news, Mistie Crews did not stop at a red light on Ratliff while she was traveling Southbound on US 1. As she went through the light, she struck a Chevrolet Blazer that was turning onto the roadway. The Chevrolet Blazer carried a driver and passenger. The passenger died as a result from accident related traumatic injuries. The driver of the Blazer suffered severe personal injuries from the crash. According to the Florida Highway Patrol charges are currently pending. Unfortunately, there are also reports that neither the driver or passenger of the Blazer was wearing a seatbelt. Until further investigation is complete, it is unknown whether a seatbelt would have saved the life of the young woman.

Late night driving can be the cause of severe accidents due to Fatigue of a driver; drinking, which is not indicated in this case and laziness due to traveling either long or short distances at that time of night. There is an idea that less traffic equals less traffic accidents. It is important to remember safety precautions and following street lights and signs at all times on the roadways. Fatigue or lack of traffic does not mean that traffic laws should not be followed. If you are getting behind the wheel of a vehicle it is important to remember defensive driving techniques, which include being aware of all of your surroundings at all times.

Continue reading " Fernandina Beach, Florida Woman Suffered Fatal Injuries in Car Accident " »

Toyota has announced that approximately 270,000 of their vehicles – 180,000 of which were sold outside Japan – have faulty engines that can stall while the vehicle is moving.

The announcement comes on the heels of a recall of 8.5 million Toyota vehicles earlier this year because of sticking accelerator pedals. The company currently faces over 200 lawsuits tied to auto accidents that allegedly occurred as a result of product defects.

NASA scientists are working with U.S. regulators on the investigation into what caused some of the Toyota vehicles to suddenly accelerate. Results of that investigation are not expected until the end of August. To date, the company has been fined $16.4 million for being slow to recall affected vehicles.

According to a Toyota spokesperson, the company has not yet notified officials at the National Highway Traffic Safety Commission about a possible recall of the Toyotas with the engine defect. The affected vehicles would include the Crown and seven Lexus sedan models.

In late June, the Japanese automaker recalled 17,000 Lexus hybrids after testing found that fuel can spill from the vehicles if a rear-end crash occurs.

While Toyota said they have not received any reports yet about auto accidents linked to the defective engines, company officials did say they have received several hundred complaints in Japan.

You can read more about this story at Toyota Reports Engine Problems with Vehicles.

Fatal pedesrian accidents in Jacksonville, Florida can sometimes have a community impact. Often we hear of accidents involving pedestrians and vehicles and the impact of that can ring out because at one point we have all crossed a roadway or slammed on brakes for a pedestrian crossing the road. The impact of losing a community figure-head or leader can be devastating, but can also remind us of the dangers on or near our roadways every day.
Recently, as reported by Jacksonville news and in the Florida Times Union, pastor Bryan Turner of University Baptist Church on July 10, 2010 was hit by a car as he ventured to inform a neighborhood of vacation bible school. The church van was stopped in a the residential neighborhood located near Spring Park Road with the intent to deliver news of vacation bible school. As Pastor Bryan Turner exited the church van,he walked to the front of van and entered the roadway to cross the street. As he did so, a vehicle pulled out from behind the van and did not see Bryan Turner as he stepped into the lane. According to witnesses, neither party saw the other.
Pastor Bryan Turner was treated at Shands Hospital for severe injuries including injuries to the brain. On Thursday, July 15, he lost his battle. Services, which will certainly be well attended for a man that dedicated his life to service of others.
The tragedy that surrounded Pastor Turner's fatal injuries is one that serves as a reminder of the responsibility that drivers hold while operating their vehicle.
While driving, it is important to pay attention to other drivers, construction areas, bicycle riders, and, yes, pedestrians.

People do not usually have an intent to lose concentration on the road, but it does occur and that negligence can lead to injuries. A tragedy often reminds us that we need to remain focused and aware at all times, hopefully the loss of someone so dear to our community will help remind drivers that defensive driving is important at all times.
Educating yourself on what rights you have if you are involved in such an accident is perfectly understandable and it makes sense to speak with someone that can explain those rights to you. Florida Personal Injury Attorneys can serve to educate those impacted by such accidents to make certain rights are protected.

Florida residents spend half their lives in hurricane season (June-November), and are well acquainted with the forces of nature that seem to visit with some regularity. The risk or threat of Hurricanes is a part of life in the Sunshine State, and we usually do not think too much about it until we have to...likely when we are faced with filing a homeowners’ insurance claim.

In the face of natural disasters like hurricanes, insurance companies have a duty to act promptly and to investigate your claims fairly. Unfortunately, this does not always happen and homeowners are wise to consult with a personal injury attorney if their homeowners’ insurance company:

• Denies any covered claims
• Tries to blame the damage on something else that is excluded in the policy
• Tries to underpay based on computer model data
• Tries to deny coverage on the basis of ambiguous policy exclusions
• Undervalues a claim
• Takes longer than necessary to investigate and evaluate damages

Any time homeowners’ insurance claims are delayed or denied, it may be well worth your time to get legal advice on how to proceed. Insurance companies often deny an initial claim in an effort to “buy time” or deny coverage based on ambiguous provisions. However, if this kind of dispute goes to trial and the court finds that the provisions are ambiguous, judgment will be made in favor of the insured.

If you believe you have been denied compensation unfairly by your homeowner's insurance carrier, you should speak with a Florida personal injury attorney to learn about your options for fighting the insurance company’s decision.

The parents of a 17-year-old Boy Scout who died a year ago while hiking in the Everglades have filed a wrongful death lawsuit in Miami-Dade County Court against the Boy Scouts of America and its South Florida Council, the scoutmasters who supervised the hike and Plantation United Methodist Church where Scout Troop 111 was based.

On May 9, 2009, Michael Sclawy-Adelman participated in a 20-mile hike through The Florida Trail in Big Cypress National Park in the Everglades. His parents, Howard Adelman and Judith Sclawy-Adelman, say that even though halfway through the hike their son started exhibiting symptoms of heat exhaustion, the scoutmasters continued on.

According to the parents, Michael became “dizzy, disoriented and delirious” by mile 15. The hike was stopped, but no call for medical help was made for another 90 minutes, according to GPS data and investigative reports.

An article in the Naples News had quoted scoutmaster Howard Crompton as saying it appeared that Michael was “a little overheated and a little dizzy so we sat him down, gave him some water and put his feet up and let him rest. Then he stopped breathing.”

Crompton performed CPR until an emergency medical helicopter arrived; Michael died shortly thereafter from heat stroke.

The heat in Florida has always presented challenges for those participating in strenuous physical activities. The Centers for Disease Control and Prevention provides information on how to prevent heat-related illnesses on their website, which you can access here.

Jacksonville resident Michele Haddad, who became a quadriplegic as the result of a 2007 motorcycle accident, has been told by a U.S. District Judge that she can remain in her home and still receive Medicaid services.

According to an article in the Florida Times-Union, Haddad has been on a waiting list for the services via Florida’s Traumatic Brain Injury/Spinal Cord Injury Medicaid waiver program after losing her caregiver, whose services had enabled Haddad to remain in her home.

She wished to remain in her home to receive state services, but had been told by state officials that she had to move to a nursing home for 60 days in order to be eligible. Her attorney, with assistance from the U.S. Justice Department’s Civil Rights Division, argued that the state’s position violates the Americans With Disabilities Act to live independently.

U.S. District Judge Marcia Morales Howard granted Haddad a preliminary injunction requiring the state’s Agency for Health Care Administration and the Florida Department of Health to reassess her eligibility for services. The judge also told the agencies they could not deny services without a court order, and that they must reassess Haddad’s status every 40 days and provide regular notices to the court regarding her position on the Traumatic Brain Injury/Spinal Cord Injury Medicaid waiver program waiting list.

According to Haddad’s Jacksonville personal injury lawyer, Judge Howard’s decision is important to a number of disabled Florida residents who want to stay in their homes.

A Pasco County jury returned one of the largest verdicts in county history recently when they awarded $5.6 million to a Florida family who had filed suit against Goodyear Tire & Rubber Co. for defective tires that were blamed for a 2004 RV accident.

John Schalmo was driving on State Road 8 near Chipley in August of 2004 when the right front tire on his motor home suffered catastrophic tread separation, sending the RV out of control and crashing into a line of trees. Schalmo and his wife’s parents suffered serious injuries as the result of the crash; another passenger lost both legs.

The RV that Schalmo was driving had Goodyear G159 tires, which were standard equipment at the time. Schalmo's Florida personal injury attorneys argued that Goodyear had marketed that tire to the RV industry for over a decade and knew it was dangerous for use in RVs.

The trial was the first G159 tire case to be resolved in a public trial; Goodyear has settled a number of G159 tread separation cases involving serious injury and deaths in exchange for confidentiality. The families involved in the Pasco County trial refused to agree to a confidential settlement and wants Goodyear to recall the tire.

Although the Circuit Court judge has given Goodyear 45 days to present arguments for sealing the confidential corporate materials shown at trial, observers expect that confidentiality in this case is unlikely given Florida’s Sunshine in Litigation Act, which prohibits a court from protecting company information that may conceal a public hazard. See Jury Returns $5.6 Million Verdict Against Goodyear in RV Crash Case.

By Lenorae Atter, Attorney

1. Breathe and make certain you are okay. Sometimes we do not realize that injuries have occurred due to shock.

2. Contact the police and let the officer know if an ambulance or fire rescue is needed.

Have the following items ready:

1. Your drivers license.

2. Your insurance card.

3. Your registration. Typically you receive an updated one in the month of your birthday, so put that in a place it is easily accessible in your car.

4. Once the police ask you what happened be certain to a take breaths when explaining. Often, when an accident occurs the adrenaline is running high and the speed of talking can increase. Try to remain calm so that the officer can understand what occurred.

While you are waiting for the police officer to generate a report, it is a good idea to use your camera phone to take pictures of the scene. You want these for use when you file your insurance claim for property damage, but also if you or the other driver/passenger is injured in the accident. Photographs can help formulate your side of the incident if they are taken of the position of the cars and the damage done to the vehicles.

Once you have the police report and have gotten the information as to where the car will be located (get a business card of the tow truck driver).

Before providing a statement to an insurance company, it is advisable to contact a Florida personal injury attorney for advice and representation (if necessary) regarding your rights and Florida law. Insurance adjusters are trained individuals who represent the interest of the insurance company. The insurance adjuster works for the insurance company not you. The insurance adjuster's loyalty is to the insurance company not you. When dealing with an insurance company, having an attorney at your side and on your side is very helpful and can help protect your legal rights.

If you start treating for injuries related to your accident and the other party calls you and offers to "settle your claim for injuries." Do NOT accept their offer. Typically the offer given by the insurance company for immediate injuries is pennies on the dollar for your actual injuries. You have not had time to find out how long you will need treatment, the cost of the treatment needed or the severity of your injuries.
If you are injured from the accident, again be certain you know what your PIP (no-fault) coverage is. Do you have a deductible? If so, what is the amount of the deductible? Make certain your doctor is provided your car insurance information including the claim number, address and name of the company. Your car insurance should be billed before your health insurance. Your PIP coverage will pay 80% of the bill. If you have Medpay, then you have the 80% coverage and Medpay will pay the remaining 20%.
If you need further assistance or need to seek the advice of counsel, please do so. Also, do your research about the law firm.

By Lenorae Atter, Florida Attorney

In Florida, car insurance is required for all Florida drivers. Part of Florida's car insurance requirement is that you must have personal injury protection (PIP) coverage of $10,000.00. This form of insurance is considered "no fault" insurance. In Florida, PIP provides payment of doctor bills regardless of who was at fault for the accident.
Florida Statute 627.736 is the statute that controls the PIP coverage Florida drivers are required by Florida law to have. If you do not have this automobile insurance coverage in Florida, then you are in violation of the statute, you can receive a traffic citation / ticket, and your Florida driver's license can be suspended.

Florida no fault insurance PIP insurance coverage is a benefit to you as a driver. If you are in a Florida automobile accident and you are at fault, then you still are entitled $10,000.00 in medical coverage. Also, if you are injured and the accident is the fault of the other, but they are not insured, then you still have coverage for your medical bills. Another plus is that you do not have to wait for fault to be determined before seeking medical treatment.

Though you are covered up to $10,000, you may have a deductible of $1,000 or more. If you do, then you have to actually reach $1,250.00 in medical bills before your PIP coverage will begin paying the bills. The reason for this difference is that PIP only pays 80% of the bill and you are responsible for 20% and when you have a deductible you have to reach the amount that PIP covers. If your deductible is $1,000 then 80% of $1,250 is $1,000.

If you are injured in an accident and seek treatment but your bills are not paid, then you need to contact your insurance company or seek the advice of a Florida personal injury attorney to assist you.

By Lenorae Atter, Attorney

Car insurance is required in Florida, but what if your car is inoperable?

In Florida, car insurance is a requirement. Specifically no-fault insurance, which covers your medical bills and is also known as Personal Injury Protection or PIP, is a requirement to drive a car. If you are in an accident and you own a car, regardless of who's car you are driving, your PIP coverage will be used for your medical bills. If you do not have PIP coverage and you own a car in Florida, then you will not be able to get any other car insurance, including the at-fault driver's insurance, to provide for your medical bills. However, if you own a car and it does NOT work, meaning that the car does not run (not due to a flat tire), then you may be able to attach to the PIP coverage of the vehicle you were driving or to the coverage of the other vehicle involved in the accident.

In order to show the insurance company that you did not have to maintain PIP coverage you will need to sign an affidavit, a sworn to statement, that you did not have a vehicle that was working at the time of the accident. It is also a good idea to have an affidavit signed by a licensed mechanic and another witness. This helps you to prove your case of not needing PIP or no-fault coverage at the time of the accident.

If you later have a claim for injuries that resulted from your accident, the at-fault insurance company will not be lenient with a settlement offer if you did not have PIP coverage and had a working vehicle. If you are in this situation, it is best to consult with an attorney.

The Uniited States Consumer Product Safety Commission (CPSC) has announced a voluntary recall of more than two million cribs produced by seven different manufacturers for several hazards affecting the safety of infants and young children.

The massive recall affects both drop-side and fixed-side cribs manufactured between 2000 and 2009 by the following companies:

• Child Craft, (this firm is out of business)
• Delta Enterprise Corp., of New York, N.Y.
• Evenflo, of Miamisburg, Ohio
• Jardine Enterprises, of Taipei, Taiwan
• LaJobi, of Cranbury, N.J.
• Million Dollar Baby, of Montebello, Calif.
• Simmons Juvenile Products Inc. (SJP), of New London, Wis.

The CPSC said that the manufacturers are supplying consumers with free repair kits. The kits will allow consumers to immobilize a crib’s drop-side, which has resulted in a number of child injury reports when the drop side detaches from the crib.

Consumers can also receive free replacement hardware from the participating manufacturers upon request.

In May, the CPSC issued a warning about potential deadly hazards associated with drop-side cribs. The agency says that over nine million drop-side cribs have been recalled since 2005, and that its staff has found these models to be less structurally sound than fixed-side cribs.

The Juvenile Products Manufacturers Association has a website with information on the crib recall and crib safety issues. For more information, visit http://www.cribsafety.org.

A 29-year-old Florida woman has been cited for DUI after she struck and injured three pedestrians with her car in downtown Gainesville, Florida.

Police officials say that blood-alcohol content tests for Willandra Manuel showed a level of 0.129. The legal limit for Florida DUI is .08.

The pedestrian accident happened on May 22 at 1:55 a.m. Three pedestrians -- Tiffany Keller, 21, of Lake City; Alex Barron, 22, of Waldo; and Carrisa Wester, 19, of Lake City – were crossing the street in the crosswalk when they were struck by Manuel’s vehicle, which was traveling in the curb lane through the intersection.

Witnesses said that the car appeared to be going the speed limit when it hit the pedestrians in the crosswalk. Manuel told the police that she did not see the pedestrians crossing.

The three accident victims were taken to the hospital with non life-threatening injuries. One of the victims told police that the crossing light had given the pedestrians the “walk” signal even though the light was turning yellow.

Crossing a busy street can always be dangerous, but extra care should be taken when it is late at night and the chances for impaired drivers to be on the roads is greater.

A 55-year-old woman who received a kidney transplant in 2007 at Southwest Florida Regional Medical Center is now suing the hospital because the kidney carried the HIV virus.

Karen Cruz’s donor was a family member who was unaware at the time that they had the HIV virus. However, Cruz says that her donor’s blood was tested prior to the transplant for HIV and infection by the hospital, and even though the tests were positive for HIV, the hospital did not inform her and proceeded with the transplant.

The hospital says that despite those allegations, the services they provided to Cruz were “appropriate and met the standards of care.”

Cruz said that she did not even learn from the hospital or her doctors that she had HIV; her medical malpractice attorney informed her after obtaining the donor’s test results from the hospital.

According to an interview with WZVN-TV, Cruz said that she takes 20 pills a day just to stay alive. "I have not been able to enjoy not one minute of life since I got off that operating table. I have been so sick, it's unreal," Cruz said.

To read more about this Florida medical malpractice suit, read Lawsuit: Hospital transplanted HIV infected kidney.

Three teenagers killed last August in a car crash at a Stuart, Florida construction site were at an open-house party drinking alcohol before the accident, according to the two men who hosted the party.

Craig Frick and David Harper turned themselves into authorities following the August 2009 car accident that claimed the lives of the three Stuart teens. The two men have been charged with furnishing alcohol to minors.

The parents of one of the victims, 16-year-old Connor Graver, have filed a Florida wrongful death lawsuit against the construction company, saying that it failed to provide adequate lighting at the site.

The vehicle occupied by the teens slammed their SUV into a front-end loader at the Cove Road construction site early in the morning of August 4, 2009. Toxicology reports showed that all of the teens had been drinking; the driver – 18-year-old Nicholas Coady – had a blood-alcohol level of 0.251 percent, more than three times the legal limit in Florida.

The Florida Highway Patrol investigation of the accident said that speed and alcohol were both factors in the accident. Officers found empty beer cans in the vehicle at the scene.

To learn more about this deadly Florida automobile accident, you can read the original news stories at Questions Surround Death Of 3 Teens In Crash.

The parents of a 22-year-old Naples woman killed last November in an auto accident have filed a Florida wrongful death suit against Collier middle school teacher Andrea Kidder and her husband, Matthew.

According to the Florida Highway Patrol report, the victim – Bree A. Kelly, 22, of Naples – was a passenger in a truck driven by Nicholas Mason, 19, also of Naples. Kidder, 28, was eastbound on Interstate 75 in the left lane and rear-ended Mason’s slower-moving truck, causing it to spin and eventually overturn several times.

Kelly was thrown from the vehicle and later died at Lee Memorial Hospital in Fort Myers.

The FHP reported that Kidder’s vehicle was traveling at an estimated speed of 90 mph; the posted speed limit is 70 mph. The report cited Kidder for excessive speed and careless driving, but the investigation is still ongoing pending results of Kidder’s blood-alcohol content test.

The wrongful death suit filed by the parents of Bree Kelly allege that Kidder was intoxicated at the time of the accident and was negligent in driving her car into Mason’s vehicle, which resulted in Kelly’s death.

Kidder’s husband is named as a party to the lawsuit under the Florida Dangerous Instrumentality Doctrine because he is a co-owner of the vehicle that caused the accident.

You can read more about the case at Fatal I-75 crash in 2009 spawns lawsuit against Collier teacher.

Eight children ended up the hospital after suffering injuries from a horseback riding accident at Leif Ericson Day Camp in Sioux Falls, South Dakota.

The accident occurred when a group of girls were out riding at the day camp; one of the girls’ horses spooked, causing a chain reaction among the other animals. One girl was knocked unconscious and seven more were taken to the hospital for minor injuries.

Summer is the time for many children to attend summer camps. Day summer camps are becoming increasingly popular for working parents. The American Camp Association offers the following tips for ensuring children have a healthy camp experience:

• When children are ill, keep them at home
• Teach your children good health habits, like washing hands regularly and sneezing or coughing into their sleeves
• Send your children to camp in closed-toe shoes to prevent slipping, tripping or falls
• Send your children to camp with enough clothes so they can layer in cooler weather
• Reinforce good sleeping habits with your children
• Send sunscreen with instructions to your child on its proper use
• Tell your children to drink plenty of water to stay hydrated

Parents play a key role in helping to prevent camping accidents. The ACA has a parent website for information on children and camping at http://www.CampParents.org.

Former motocross champion Jimmy Button and his trainer will be cycling from San Diego, California to Daytona Beach, Florida – a journey of over 2,400 miles – in 2011 to raise awareness and money for spinal cord injury research.

Button suffered a paralyzing injury to his spinal cord during a practice crash at the San Diego Supercross 10 years ago. He is one of a very few spinal cord injury victims to make a complete recovery.

Button’s goal is to raise $1 million to be donated to the University of California-Irvine Reeves Irvine Research Center in California to fund spine injury research. Donations can be made at www.milesformiraclestoday.com.

While there is of yet no “cure” for spinal cord injury, there is prevention. According to the National Spinal Cord Injury Association (NSCIA), most spinal cord injuries could be prevented by:

• Following correct safety procedures and using the right protective equipment at work
• Exercising regularly
• Lifting heavy objects in the right way (letting leg muscles do the work)
• Warming up properly prior to physical activity
• Checking the depth of any body of water before diving in
• Practicing defensive driving and always wearing a seat belt
• Wearing approved helmets when riding a bicycle, motorcycle, skateboard, skates or rollerblades
• Not taking unnecessary risks while riding a horse, skiing, rock climbing, hang-gliding or jumping on a trampoline

An elderly Florida couple that was well known by neighbors as being friendly and popular was killed in an early morning one-car crash on Interstate 95, according to the Florida Highway Patrol.

Diana and Sidney Einhorn, who lived in the western suburbs of Boca Raton, were being driven to the Palm Beach International Airport by their caregiver to drop off Elise Sharon Graham, 52 and Naomi Graham, 12, of Warr Acres, Oklahoma, near Oklahoma City.

The caregiver, Lunda Boliere of Boynton Beach, lost control of the 2004 Toyota Avalon after being cut off by another car on Interstate 95. The Avalon vaulted over an entrance ramp and struck the sound barrier before landing on its roof on the shoulder of the highway. Diana Einhorn was not wearing a seatbelt and was ejected from the car; her husband was wearing a seat belt, but died from his injuries.

Boliere and the Grahams were taken to St. Mary’s Medical Center in West Palm Beach, where they were listed in critical condition.

The driver of the car that caused the auto accident has not been found, and the FHP has asked that anyone with any information regarding the fatal car crash call Cpl. Anibal Monroig at 561-357-4000.

Amanda Linn was a 20-year-old nursing student at Kent State University when her life was changed forever by a drunken boyfriend’s abusive rage.

Linn was attending a party with her boyfriend at his fraternity house when he turned on her in a drunken rage, violently shaking her and slamming her head against a bed post. She managed to escape and thought she had not suffered any major injuries until three weeks later, when she developed headaches and tingling in her legs.

Diagnosed at Cleveland Clinic with a brain injury caused by a leaking blood vessel, Linn eventually had to undergo a seven-hour surgery to repair the vessel. Her family then moved to their vacation home in Punta Gorda to allow her to recover fully.

Unfortunately, she recently suffered a stroke and is having to learn to walk again. And amazingly, she is not bitter about her experience with a major brain injury; she says the incident has brought her closer to her family and made her appreciate life more than ever. She hopes to return to school to finish her nursing degree.

Brain injuries are insidious because of the damage that can be done without the victim even knowing it until it is almost too late. Lifelong disabilities can and do occur frequently with brain injuries, and victims should always consult with a personal injury attorney to be sure that both current and future medical expenses are covered.

For more on Amanda Linn’s story, read Young victim of abuse knows life is short — and precious.

A Jacksonville, Florida man died after his motorcycle overturned and threw him into the pathway of an oncoming van. The motorcycle accident happened on Interstate 295 at Blanding Boulevard; the 25-year-old victim, Ronald Cline, was wearing a helmet and was pronounced dead at the scene.

Motorcycle accidents are much more likely to result in catastrophic injuries or death. In fact, over 80 percent of motorcycle accidents result in death or serious injury. In Florida, over 550 people are killed every year in motorcycle accidents, which is almost 20 percent of all motor vehicle deaths in the state.

As with any traffic accident, if you are involved in a motorcycle crash you should notify police, seek medical attention, get contact information for everyone involved including witnesses, record your recollection of everything that happened as soon as possible and consult with a Florida personal injury attorney.

If you have been the victim of a Florida motorcycle accident, you should also hold off on any repairs to your motorcycle until you have spoken with an attorney. You should also keep a careful record of all expenses related to the accident as well as time off work.

Read about motorcycle safety at Roadway Safety for Motorcycles.

The family of Florida motorcycle accident victim Jose Antonio Pagan has more questions than answers about his death and the Florida Highway Patrol is still searching for those answers.

Pagan died as a result of a motorcycle accident in St. Petersburg. The Florida Highway Patrol discovered what they thought was an abandoned motorcycle, but got a call 13 hours later saying a body had been found below Interstate 375.

Pagan’s family says they do not understand why FHP did not discover the body earlier. FHP says they searched the area at the time the motorcycle accident was called in, to no avail. Officers on the scene did a search, but finally concluded that the motorcycle had been abandoned since there were no skid marks to indicate an accident.

FHP received a call the following afternoon about a body below the interstate. When they arrived, they identified Pagan by information in his wallet and made the connection. Apparently, there was a small space where someone could have fallen off the Interstate to the street below. Officers now believe that Pagan was thrown off his motorcycle, which skidded another 700 feet from the space he had fallen through.

When Pagan’s family was notified of his death, they say they were not told of the 13-hour delay the FHP experienced before finding him. His time of death was noted as the time of discovery; the medical examiner so far has said he died within hours of discovery, but autopsy results are still pending.

The FHP investigation is ongoing at this time.

A Jacksonville, Florida pedestrian who was crossing the street in front of the Caney Branch subdivision in the 12200 block of Dunn Creek was struck and critically injured by a pickup truck as he stepped in front of traffic in the dark.

The man, whose name was not released, was taken to Shands Jacksonville for treatment.

Obviously, when a human being is struck by over a ton of steel, the results are usually catastrophic. The National Highway Traffic Safety Association reports that cars injure over 100,000 pedestrians every year; another 5,000 pedestrians are killed annually by motor vehicles, including over 600 in Florida.

While most pedestrian accidents happen because a driver was speeding, drunk, distracted or failed to observe traffic signals or crosswalks, pedestrians are sometimes at fault. The most common errors that pedestrians made include:

• Suddenly running out onto a busy road
• Not crossing at designated crossing areas
• Crossing too late, under the “don’t walk” sign

In the event you are involved in a pedestrian accident, you should:

• Notify police
• Gather contact information from everyone involved, including any witnesses
• Get medical help, even if you think you don’t need it – you may be in shock
• Write down everything you remember about the incident
• Keep track of all your expenses related to the accident
• Consult with a Florida personal injury attorney

To learn more about pedestrian safety, read Pedestrian & Bicycle Safety.

A Jacksonville, Florida jury has awarded $2 million to Cynthia Deen, a court reporter who sued her insurance company to get the medical treatment she needs to alleviate the pain from an auto accident three years ago.

Deen was hit from behind by an air conditioning truck in 2007 when she slowed for a traffic light. The truck’s insurer had enough to pay for her initial medical expenses, but not for an operation on the herniated discs in her neck.

Deen’s attorneys requested that her insurer, State Farm, pay the $300,000 for her surgery. State Farm offered no more than $225,000, Deen through her personal injury attorney sued State Farm. At trial, a federal court jury found in Deen’s favor, awarding her $2 million.

Automobile insurance companies have a duty to provide coverage and payment for injuries resulting from automobile accidents. In many instances, insurance companies put profits over the just compensation of automobile accident victims who have suffered personal injuries and in some cases - the wrongful death of a spouse or family member.

While Deen says she is thankful for the verdict, she says that money can never replace what it’s like to live life without constant pain. She can no longer enjoy hobbies like playing the piano and scrapbooking, and has not been able to work fulltime as a court reporter since the accident.

To read a full report of the verdict see Jacksonville. Florida jury awards woman nearly $2 million in insurance case.

A St. Augustine, Florida man who adopted a 14-pound Shih-Tzu dog from a local shelter is now fighting to save the dog’s life after his new pet bit a five-year-old boy.

Cyrus, the shih-tzu, was taken into custody at the St. Johns County Animal Control. But Philip Stoddard, Cyrus’ new owner, says that the hearing was a “rush to judgment” and is fighting to have the order rescinded.

Cyrus was staying at a foster home in St. Augustine in April when he escaped from the house and ran to a 5-year-old boy who was riding in a battery-operated car. According to the boy’s mother, Cyrus bit and bruised the boy, whom she said in an affidavit was terrorized and traumatized by the attack.

Stoddard said that the mother was four or five houses away from the boy, and did not witness the attack. She called the Sheriff’s Office, and the deputy who responded to the call did not impound the dog.

However, a Department of Animal Control hearing officer ruled that Cyrus is a “dangerous dog” because the injuries were severe and the attack was unprovoked. The boy’s dog bite injuries included a lacerated ear that took 10 stitches to close at Flagler Hospital.

Stoddard disputes the severity of the injuries, which he says could have been caused when the boy fell from the vehicle. He has appealed the ruling in an effort to save his new pet.

The number of pets being adopted from shelters has risen in the past couple of years. While this is certainly a good thing for our society, the incidence of dog bites is also rising. Owners of adopted dogs should take extra caution in the first few months of ownership to become totally familiar with a dog’s disposition and should never allow a pet to run free. Those who do not take this responsibility seriously may find themselves in need of a dog bite lawyer.

If you live in Florida, chances are the topic of toxic mold has crossed your mind, especially if you have developed health problems or suffered property damage because of an infestation of mold.

If you have discovered that you have mold in your home, condo, apartment or any other property you own or lease, there are a number of parties who may potentially be liable for damages:

Insurance Company – Chances are that your insurance company has probably already covered itself and excluded mold as a covered peril in your policy. But you should check your policy first before planning any next steps.

Builder – You may have a claim against your builder or contractor if the mold infestation happened because of poor construction, shoddy materials or the failure to install proper ventilation.

Materials Supplier – You may have a claim if the materials supplied for the construction of your home (i.e., drywall, siding, etc.) were of poor quality or already contained mold.

Architect – If your home ventilation system was improperly designed or had other design defects that led to a mold infestation, you may be able to recover damages from the architect or engineer.

Seller – If the prior owner did not disclose the presence of mold during the sale of your home, they may have violated state disclosure law. If the seller employed a realtor, that agent may also be liable for selling you a home with mold damage.

Inspector – If you hired a property inspector prior to buying the home and they failed to detect the mold, they may be liable unless their written property report specifically excludes mold detection.

If you need more information on Florida toxic mold tort law, contact a Florida Personal Injury Lawyer for more information and advice regarding your legal rights.