Steinger, Greene & Feiner

You’ve been in an automobile accident, but it wasn’t your fault. Your car needs to be repaired if it isn’t totaled. You were injured, and the medical bills are already piling up. You know you need a lawyer to help you get compensation, but you haven’t been able to work. Aren’t lawyers too expensive to hire? Great news – you can get help from a Miami car accident attorney at no up-front cost to you. Most personal injury attorneys are willing to work on contingency, where they only charge you for their services if they can recover compensation for you. If you need a personal auto accident lawyer in the Miami area, the experienced attorneys at Steinger, Greene & Feiner are here to help. With over 23 years of experience working similar cases in Florida, our award-winning lawyers will help you get back on your feet. If you’re worried about the expense of hiring a lawyer, don’t be. There are options. Call us at today or contact us online for a free, no-obligation consultation with a Miami car accident lawyer to find out what you can do. What Are My Options When Hiring A Lawyer? Don’t let a lack of initial funds turn you off from hiring a Miami personal automobile accident attorney. You have two options for seeking repayment without having to pay anything upfront. Your options are: Filing under your own Personal Injury Protection (PIP) insurance plan Filing under an at-fault party’s third-party Bodily Injury Liability (BIL) policy with the help of a Miami car accident lawyer under a contingency arrangement These two options allow you to seek legal help for a lawsuit and pay your representation only if that case results in a successful recovery. Florida makes your right to seek compensation straightforward, and we at Steinger, Greene & Feiner don’t see our fee unless you win your claim. What Does It Mean to Have a Contingency Agreement with a Miami Car Accident Lawyer? From a resources and fees perspective, filing a personal injury lawsuit isn’t cheap. The costs acquired can pile up quickly. Common personal injury claim costs can include: Filing fees and court fees Labor costs and documentation costs associated with Discovery Document fees, for procuring medical documents, legal documents, etc. Time spent handling insurance denials or negotiating settlement offers Compensating fact witnesses, such as medical witnesses or accident reconstruction witnesses Miscellaneous expenses, such as document production, transportation, etc. Fortunately for those in need of representation, Florida Statute §16.0155 limits the amount a lawyer can charge you. Also, most personal injury attorneys only charge if they are able to successfully recover money for you through a settlement agreement or court award. At Steinger, Greene & Feiner, our staff of over 30 experienced attorneys will do everything we can to give your case the highest chances of success. Furthermore, we only get paid if you win. Our extensive experience and legal resources will be at your disposal without having to pay anything down. This is called “operating on a contingency agreement,” which means you won’t have to pay us for legal representation unless we win your case. The arrangement also acts as a reassurance to you that we’re doing the very best to bring you the most compensation possible. Because we don’t get our money until you get yours, it motivates us to seek every available legal avenue to get your money.

When you have been involved in an accident in Miami, your state-required Personal Injury Protection (PIP) insurance can indeed help repay some of your losses. However, PIP coverage alone might not be enough. If you have been injured in a car accident, discuss your case with a Miami car accident lawyer. They can share legal options for pursuing compensation beyond what PIP offers. The experienced attorneys at Steinger, Greene & Feiner know the tactics insurers use to reduce the value of claims and are familiar with the types of evidence and legal arguments that have helped past clients win cases. Call us today or contact us online for a free, no-obligation case review. Our personal injury services are available on a contingency basis, meaning you don’t pay anything unless we recover money for your damages. Why Florida PIP Insurance Might Not Cover Your Needs Florida’s no-fault insurance system comes with some substantial benefits. There’s no need to file a claim against another driver’s insurance, in most instances, and you can be covered even if you are a passenger in another accident. However, Florida’s PIP policy limits are woefully small compared to similar systems in other states. You only have $10,000 to cover the costs of any major injury or serious accident. If your injury is not considered an emergency, the maximum coverage will be just $2,500. PIP medical coverage only provides 80% of the total amount of your bills. So, if you have a $1,000 emergency room bill after your accident, the maximum amount you can get for that cost is $800. If you are temporarily or permanently disabled following a Miami accident, you will only receive 60% of your lost wages, up to a $10,000 policy limit. With this limited coverage, your PIP insurance may not be enough to protect you after a major accident injury. You will be left on the hook with medical debt and less income than you may need to pay your bills. Get Compensation From At-Fault Parties with a Third-Party Insurance Claim If your accident was caused by someone else, you may have another avenue. You can submit a third-party bodily injury liability (BIL) claim from any at-fault drivers or other parties involved. A BIL claim can help you recover costs not covered by your PIP insurance, potentially including the remaining 20% of your medical bills, 40% of your lost wages, and other costs exceeding your $10,000 coverage limit. To file a third-party claim in Florida, you must first prove that you have a “serious injury” as described in Florida Statutes § 627.737. You must also be prepared to establish that the policyholder was somehow negligent and that this negligence directly caused your injuries and losses. Work with a Proven Car Accident Lawyer in Miami to Ensure Your Injury Costs Are Met Proving everything necessary for a successful third-party claim can be difficult, especially if it’s not immediately obvious who could be at fault for your accident. That’s where an experienced Miami car accident lawyer comes in. They will examine the details of your case, identify all potentially at-fault parties, calculate your damages, and assemble evidence proving the major parts of your claim. Personal injury attorneys are familiar with the tactics insurers use to avoid liability and reduce the value of your claim. Insurance companies may allege that your injury doesn’t qualify as serious, they may attempt to avoid covering specific costs, and more. Steinger, Greene & Feiner knows these defense strategies very well, as we have dealt with them firsthand. Our main goal is exploring every available option and asserting your right to claim the maximum amount of compensation available under the law. With an injury attorney at your side, you can avoid common case pitfalls that might cause other people to give up and accept the costs of an injury they didn’t cause. You will also have a dedicated team available to research and document your case.

You should never admit fault at the scene of a car accident. If you do decide to assume fault, it should only after a rigorous investigation that irrefutably shows you are liable for the damages caused by the accident. Many car accident victims make the mistake of admitting fault too early, only to have difficulty when they later realize that they were not at fault. Furthermore, you may assume that you were at fault when the legal definition of fault doesn’t apply to your situation. Get Help Proving Fault If you are being accused of fault for a car accident you don’t think you caused, review your case with experienced car accident lawyers in your area. You may discover that not only are you not at fault, but that another party is, and you should claim damages rather than cover the costs yourself. Contact Steinger, Greene & Feiner today if you were involved in a recent accident where you were hurt. We can review your case, determine who might be liable, and help you make decisions that could minimize the amount you are responsible for covering after an auto accident. In many instances, individuals who thought they were at fault were actually owed coverage from another liable party, so get in touch with an attorney near you to discuss your legal options today. Schedule your free case review when you call us or contact us online. Never Admit Fault at the Scene of a Car Accident After a car accident, tensions may be high and your adrenaline may be pumping. You may not be thinking clearly, and you may be eager to take actions that you think will de-escalate the situation. While there is nothing wrong with having sympathy for others involved in the car accident, never admit any wrongdoing to them and never admit fault. Some people say things like “I’m so sorry!” or similar statements of regret at the accident scene, which can be seen as an admission of guilt. Request a police officer come to the scene of your accident and file a crash report. When the police arrive, provide a full, accurate statement. Remember that you do not have to volunteer information that will incriminate yourself, but you should never make false or misleading statements. Simply offer the facts, to the best of your knowledge. Do not speculate, and do not be eager to confess possible traffic violations that may not be relevant to fault in your case. These guidelines help you protect your rights to a fair investigation following your car accident. How Is Fault Legally Determined? There are only two ways that fault can be objectively determined: A jury verdict or bench verdict determines that you were at-fault following a rigorous hearing of all relevant facts. You or your insurance company decide to accept fault for the accident. Contrary to popular belief, receiving a ticket or being named as a primary contributor to your accident in a police report does not automatically mean you were at fault. Fault is a matter for the courts, and it can only be determined after an investigation and a fair hearing. Furthermore, committing an act like running a stop sign does not necessarily mean that you are at fault for an accident or that you were the direct cause of someone’s injuries. Often, someone’s traffic violation is found to not have bearing on the accident, or it is determined to have played only a small role in the collision scenario. To be found at-fault, the complaining party has to not only prove that you were negligent but also prove that your negligence was the direct cause of their injuries or claimed losses. It’s possible that they lack the evidence needed to make all the necessary provings. If you admit fault too readily, you do this work for them, and you waive your right to a fair investigation of all the facts.

Few things are more upsetting than an automobile accident. Beyond the damage to your car, you have to consider how you’ll get to work and run everyday errands. And what if you were injured? On top of repair bills, service fees (i.e., mowing the yard, housework), and possible loss of income, medical bills pile up. In these dire situations, it’s tempting to take the first check your insurance company offers just to get your life moving again. Don’t do that. Once you sign on the dotted line, you’ve removed your ability to seek further compensation, with very few exceptions. Before you accept that check, talk to an experienced car accident attorney. They will help you discuss your options, assess the total damages your accident could entail, and help you predict what future costs might arise in the future. Our knowledgeable lawyers at Steiner, Greene & Feiner bring over 20 years of experience to help you seek the best possible compensation for your car accident. We want to give you the best chances of recovering all of your damages, past and future. Signing an insurance settlement too early may prevent that. Call us today at (800) 316-8514, or reach out to us online for a free, no-risk consultation. Why Would I Reject the Check the Insurance Company Offers? Your insurance company’s first concern is not you. It’s paying out as little as possible while getting the issue over and done with efficiently. While the insurance adjuster might be friendly and helpful, their job is to make sure as little money goes to a claimant as possible. If they can keep the claim from going to the courts and dragging things out, even better. Hence, many insurers will make claimants wait weeks or more with no updates on their claim, only to dangle a check in front of them in hopes they’ll sign. Usually, that check only pays for a portion of their damages and can leave them on the hook for costs like lost wages and long-term medical rehabilitation. Why Do People Take The First Check? There are a number of reasons why someone who’s just been in a serious car accident takes the first compensation offered by their insurance company, and they’re all understandable. They just want the affair to be over and get on with their lives. Bills are piling up, they can’t work and they need money fast. They don’t want to be the “type of person” who files a lawsuit because of the stigma surrounding it. The truth is, people who file lawsuits want what’s fair under the law. Again, your insurance company’s bottom line depends on paying out less money than they take in, so they’re not inclined to offer much on the first go around. Apart from this concern, once things seem to settle down for you, more costs may arise. Particularly medical costs, as a serious automobile accident can cause long-term damage to a person’s body that may not be immediately apparent. Once the claimant takes that check, their legal path to recover is all but sealed off, and any medical expenses that arise are no longer the responsibility of your insurance company. Typical expenses that aren’t considered in an initial insurance settlement offer include: Hospitalization costs Specialist treatment, including surgery Physical therapy Long-term care Lost wages Pain and suffering The first check offered might be too low to cover these expenses, as well as ones that aren’t immediately apparent. Medical problems that stem from an accident can cause other unforeseen problems down the road. To help you know with more certainty whether or not an insurance company’s first offer reasonably covers your losses, it helps to understand the categories of damages available in a typical car accident injury case. Please read a more indepth answer on our website.

After a car accident in Miami, you may be left wondering if your damages are bad enough to go through the hassle of hiring an attorney. You have enough stress on your plate as it is, and the last thing you want is to deal with complicated legal language and potential costs. Has the Insurance Company Offered You a Settlement? If the insurance company has already offered you a price for your injuries and damages, it can be awfully tempting to sign the dotted line for their initial offer and focus on moving forward. While this might seem like a good idea in the moment, you may be missing out on the compensation you deserve. At Steinger, Greene & Feiner, we want to alleviate the stress that comes from medical bills and the complicated paperwork insurance throws at you. Rather than giving those insurance companies exactly what they want and agreeing to the first offer they make, give our Miami car accident lawyers a few minutes of your time. We can be reached 24/7 to schedule a free, no-risk consultation at (800) 316-8514. You don’t need to worry about paying a dime unless we’re able to get you compensation. Talk to us over the phone or fill out our online form and our offices will reach out to you at your convenience. When Should I Hire an Attorney for a Miami Accident? It’s always recommended to at least consult with an accident attorney when deciding on what to do after a Miami car accident. However, some factors increase the importance of finding legal representation. The Severity of Your Injuries If you were badly hurt in your Florida car accident, your medical expenses will be significantly higher. You may also have a lengthy recovery period ahead of you, and the added burden of dealing with insurance is something better left to a skilled Miami car accident attorney. If you had to take an ambulance from the scene of the accident or had to stay overnight in the hospital, these are good indications that your injuries are more serious than seen in the average fender bender. If you aren’t taken to the hospital, you should still immediately see a doctor after your accident and have them determine the severity of your injuries. Receiving a full diagnosis is critical to not only treating your injuries quickly but claiming compensation from insurers. Insurance Disputing Your Claim Generally, the opposing insurance company is more likely to dispute your claim if it’s a high-value case. They are ultimately only interested in their own financial wellbeing, despite how nice they may sound over the phone or in their settlement letter. If your claim is disputed by the insurance company, you can expect a long process while the back-and-forth with their claims department carries on. It may be difficult for an individual without legal representation to adequately defend their claim, so in these instances seasoned legal assistance is highly recommended. Your Settlement is Smaller Than It Should Be Receiving the first settlement offer from an insurance company can be disappointing in a lot of car accident cases. Their low-ball tactics are intended to get you to settle for far less than your damages are worth. Unless you’re sure your injuries are superficial (based on your doctor’s diagnosis) and there are no impending medical or mechanic bills coming down the line, you should always consult with a car accident lawyer. A skilled lawyer can point out which legal avenues to explore when looking for compensation.

Miami car accident victims have the right to file a civil complaint (lawsuit) against any parties whose negligence has caused an injury and financial losses. Personal injury victims in Miami maintain this right until the state’s statute of limitations runs out. In Florida, the statute of limitations for personal injury cases is 4 years from the time your accident occured or, in some cases, the time in which you first noticed your injury (F.S. §95.11(3)(o)). After this time period has passed, it can be incredibly difficult to take legal action against parties who have injured you. You may still have legal recourse after four years, but just know that there will be additional factors that can challenge your chances of success. Those who have been injured in a car accident in Miami should not assume that they can wait as long as four years to file their injury case, either. The more quickly you begin, the more factors can be on your side. If you have have been hurt in a car accident or other type of incident, you should begin discussing your case with a Miami car accident lawyer as soon as possible. Steinger, Greene & Feiner can assist you with reviewing your available legal options. Since 1997, we have been providing injury victims in South Florida with dedicated legal advocacy and guidance. Cal us or contact us online to schedule a free, no-obligation case review now. What Does the Florida Statute of Limitations Mean for Personal Injury Victims? A statute of limitations applies to anyone who wants to take a “recovery action.” A recovery action is another way of referring to a lawsuit filed by someone who has experienced losses that were caused by someone else’s negligence or wrongful actions. Most personal injury cases don’t need to resort to lawsuit to recover compensation. Many times, a liability insurance policy is available. An injury victim can file a demand letter to the appropriate insurance carrier, laying out their damages and describing why they think the negligent policyholder in question is liable. Usually, the insurance company and the injury victim can come to a settlement agreement, resolving the issue out of court. However, insurance companies primarily make settlement offers as a way to avoid getting sued. The stronger the injury victim’s case is, the more likely the insurance company is to offer a reasonable settlement for all or most of the damages. On the other hand, if the insurance company feels like the claimant’s case is weak, then they may severely reduce the value of the settlement — or deny the claim altogether. If someone is attempting to file a personal injury claim after the statute of limitations has passed, then the insurance company knows that they have a strong legal defense available. In the event that the claimant files a lawsuit, the insurer can file a motion to dismiss the case. It is very likely that such a motion will be granted. The injury victim can come up with reasons to explain to the court why they feel that they should be granted a stay (an extension) on the statute of limitations, but this will be a difficult case to make. In short, letting the four-year statute of limitations pass by makes it extremely tough to recover compensation for your injury losses, either from an insurance claim or a lawsuit. Injury victims should be diligent to examine their legal options well in advance of the four-year statute deadline. They may need extra time to obtain evidence and gather the legal information required to build a strong case. Because of this need, it is important to speak to a Miami personal injury lawyer as soon as possible after your collision.

The stress of a car accident is exacerbated when the other driver doesn’t have the insurance they are legally required to have. Despite Florida’s laws requiring motor insurance, nearly 27% of Florida drivers drive uninsured. This situation increases the liability of everyone on Florida’s roads and can leave you with few options, especially if your injuries are severe. If you’re in an accident with a driver that doesn’t have insurance, you should wait for the authorities to arrive and take a report of the accident. One thing you’ll want to pay attention to is if the driver was operating their vehicle under the orders of an employer, as this may help you find alternative sources of financial recovery. In any case, enlisting the help of a skilled Miami car accident attorney is one of the best ways to make sure you explore every angle when looking for compensation for your accident. If you’ve been in an accident with an uninsured driver, Steinger, Green & Feiner can help you. Call us for a free consultation at (813) 553-5352 and we can get started on your case today. Paying for Your Expenses After a Miami Car Accident With an Uninsured Driver Due to their no-fault system, Florida law requires all drivers to carry Personal Injury Protection (PIP) insurance. This insurance will cover up to $10,000 per person in an accident, depending on the severity of the injuries and illness associated with the crash. If your medical provider determines that you’re not severely injured, only $2,500 is accessible to cover medical expenses. Lost wages for time away from work due to a car accident are also covered under this insurance. This insurance will kick in even if the other driver is totally uninsured. Unfortunately, this insurance’s cap means that if you’re seriously injured and have medical expenses over $10,000, you may struggle to find financial compensation that suits your needs. In these cases, you need a backup plan. Supplemental Insurance If you have Medpay, it may cover portions of your medical fees that are not covered by PIP, but usually not a huge amount, especially if your injuries are particularly bad. Many insurance companies offer Uninsured/Underinsured Motorist (UM) coverage to add on to your normal plan. This is usually a safe option in Florida due to the extremely high rate of uninsured drivers on the road. You should contact your insurance company as soon as possible if you believe the other driver in an accident is uninsured. Though your PIP will cover minor injuries and therapies, serious injuries will often need treatment that goes beyond the threshold your personal insurance is responsible for. Seeking Damages from the Uninsured Driver Usually, if a driver is uninsured, they may have a strained financial situation. This makes it difficult to seek restitution from them in court due to their lack of assets. Even if they are personally wealthy, they may not have enough liquid income to compensate you for all of your damages, even under a court order. Unfortunately, suing someone without insurance usually isn’t a good option if you’re in a Florida accident, but the optimal strategies available will depend on the specifics of your situation. Seeking Damages from Another At-Fault Party In some cases, it may be possible to identify another party that can be assigned responsibility in an accident. For instance, in Miami truck accidents, the employer of the driver can be held liable for certain damages. Other cases may include taxis or other private vehicles. In any of these situations, bringing in a third-party company or organization is likely to add complexity to your case and is a good indication that legal assistance from a skilled Miami car accident attorney may help.

Very few car accident injury claims end up in court. More often than not, the insurance company or an at-fault party will be willing to come to a settlement agreement outside of court. This outcome is especially common when having an experienced Miami car accident attorney handle your case. But what if the insurance companies simply aren’t willing to participate in the settlement process? What if they are so unwilling to provide you with fair compensation that you end up in front of a judge or jury? When the Insurance Company Doesn’t Want to Pay What You Deserve A compulsory medical exam (CME) is typically ordered in cases where an insurance company or other defendant alleges a fraudulent injury claim. They are not necessarily something to worry about, but you should be prepared and aware of your legal rights should you find yourself in such a situation. As trusted car accident attorneys in the Miami community, Steinger, Greene & Feiner have represented many victims that are subject to CMEs. We know what doctors are looking for and how to maintain your rights. Even if you’ve had a physician of your own choosing diagnose and treat you, the insurance companies have the right to request an exam by a physician of their choice. It may not seem fair, but it’s up to the court’s discretion, and it’s the law once it’s ordered. If you are worried about your car accident injury claim or want legal guidance in the wake of a medical exam request, speak to a knowledgeable Miami car accident lawyer during a free consultation.Call us or contact us online to schedule your free case review now. To help you understand more about what a court-ordered exam involves, let’s take a closer look at compulsory medical exams (CMEs). How You End Up In the Doctor’s Office The steps it takes to get you into the insurance company’s doctor of choice are fairly simple. In fact, the only thing an insurance company has to do is demand that you be seen by their physician. Florida Statute § 627.736(7)(a) allows insurers to request an IME at any point in the process. In some cases, a defendant will instead file a motion seeking a court-ordered compulsory medical exam. It is extremely rare for a court to deny such a demand or, in some cases, motion. Under Florida state law, you are required to comply with the request. That said, you do maintain some rights. These include the right to be seen by a physician that is reasonably accessible and the right to have your attorney present during the exam. You and your attorney can choose to video the CME.

Car accidents in Miami happen in the blink of an eye. When all you see is a flash of glass and the sudden appearance of the ground in your windshield, you may have no idea who to blame and where to turn to for compensation. Fortunately, you have recourse. Florida law allows you to file no-fault Personal Injury Protection (PIP) insurance no matter who caused the accident, covering up to $10,000 in losses. If PIP isn’t enough, reach out to an experienced Miami car accident attorney. Appointing a lawyer can allow you to investigate your accident privately, identify at-fault parties, and document both negligence and the extent of your damages. Steinger, Greene & Feiner can provide you with these services at no up-front cost to you, meaning you don’t pay unless we can recover money for your accident losses. Schedule a free, no-obligation case review with a Miami personal injury attorney near you when you call (800) 316-8514 or contact us online now. How Is Fault Determined After a Car Accident in Miami? Technically speaking, fault can only be assigned by a court verdict or a voluntary confession. However, when filing liability insurance, the insurance company will usually be willing to assume some or all of liability – provided the claimant submits compelling evidence of their policyholder’s fault. “Fault,” in the legal sense, usually comes down to the following question: “Who was negligent?” Negligence is a legal concept that involves proving four main factors: The defendant had a duty of care to not harm the injury victim (plaintiff) The defendant breached their duty The defendant’s breach in their duty directly caused harm (proximate cause) The harm led to economic and non-economic losses (damages) A breach in a duty of care often refers to someone who broke a traffic law or drove recklessly. They could have been speeding, ignoring a stop sign, texting while driving, or simply failed to check their blind spot before changing lanes. Evidence of negligence can also be more subtle. For instance, when a large semi is involved in a Miami truck accident, an attorney may need to subpoena evidence of the company’s hiring or drug testing practices to show they neglected to select a qualified driver. Evidence and a factual basis in statutory or case law are the most important elements in establishing fault after a Miami car accident. Comparative Negligence and Multi-Party Car Accident Claims Florida’s comparative negligence laws allow for car accident victims to recover compensation from every single party involved in their accident. The compensation makes up a portion of the total damages, adjusted by that party’s assumed percentage of fault. So, if your accident involved a ten-car pileup, it’s possible you will receive a small amount of compensation from each driver involved. It’s also possible that someone not present at the time of the accident could be at fault. For instance, if someone was driving a vehicle that had a massive brake failure because of a critical design flaw, then the manufacturer of the vehicle may be partially at fault for the accident.

Unfortunately, car accidents happen every day. There are approximately six million automobile crashes each year in the United States, which breaks down to between 16,000-17,000 a day. According to the Florida Department of Highway Safety and Motor Vehicles, Florida ranks high on the list with over 400,000 in 2019. The Miami area is in better shape than most metro areas in the Sunshine State, with a little over 29,000 a year. Understandably, most people may not remember what to do or avoid after an accident. But they should – one mistake or an error in judgment can adversely affect any chance of receiving compensation for the injuries you’ve suffered. In the meantime, here are the 5 things you do not want to do after a car accident in the Miami area. We offer 10 tips on our site. Top Ten Things to Avoid After An Accident 1. Leaving the Scene of An Accident Without Reporting It To the Police This seems like a no-brainer, but it happens. Leaving the scene of a car accident is not only a dumb idea, it’s against the law. All traffic accidents must be reported to law enforcement officials as soon as possible. If you have injuries severe enough to require immediate medical attention, you should follow the directions of emergency medical technicians at the scene. Either way, just leaving without reporting the accident to anyone is illegal and could easily sink any chances of filing a successful suit down the line. 2. Failing To Gather Evidence At the Scene Gather statements from the other driver and/or passengers, talk to anyone who might have seen the accident, and above all, take pictures if you can. This includes the state of both vehicles, road and weather conditions, the scene itself, and, if possible, document how you were seated when the crash occurred. 3. Admitting Fault Being in a car accident can be very stressful. In talking to the other driver or the police, you might be inclined to admit some fault in the accident. This is an extremely bad idea, and anything that could be taken as admitting fault could severely hurt your chances for any type of settlement. Keep your conversations after a collision short and to the point, only discussing the basic facts. At the same time, do not speculate about what the other driver might have been doing unless you have solid evidence, such as a direct observation. 4. Not Seeing a Doctor You might feel fine immediately after the crash, but you should still go see a doctor as soon as possible. Long-term injuries might be hidden by adrenaline and only surface after everything’s calmed down. Make sure to report all injuries to the medical professionals and, if possible, find a doctor who has experience dealing with the type of injuries sustained in automobile accidents. 5.. Not Hiring a Miami Area Personal Injury Lawyer This may be the most important thing to consider. A Miami area personal injury lawyer can help you navigate the system and receive the best result possible from either a lawsuit or insurance claim.

If you are involved in a car accident, don’t be shy about pulling out your phone and snapping some photos. Photos help you prove your case. It’s easy to become overwhelmed when you are involved in a car accident. Many of us have been in that position. Even after the dust settles, feelings of stress, fear, and anger are still present. While you may feel like doing anything else, keep in mind that you should check on anyone hurt and call 911 to request police and an ambulance if necessary. Then, begin recording photo evidence of your accident before anything can be moved or tampered with. Get Help Gathering Evidence As premier car accident attorneys in Miami, the team at Steinger, Greene & Feiner know the difference that pictures can make. Gathering evidence as quickly as you can makes a difference in your case, especially in cases where insurance companies want to do everything they can to reduce liability. If you have any questions about gathering evidence or dealing with insurers, give a Miami car accident lawyer near you a call at (813) 553-5352 or contact us online. We’ll schedule your free, no-obligation case review with an experienced car accident attorney. If you were involved in a car accident in Miami, knowing the pictures you should take – and what could be avoided – can save you time when documenting evidence while helping build a stronger case. Get Pictures of the Vehicles The first thing to take pictures of is your vehicle. The second thing is the other vehicle involved. If you forget to take any other pictures, these will be the most important. Take a photo of the license plate of each car involved. Take pictures of areas where there is damage to the body of the vehicle as well as areas where there is no damage, to provide context. When you are taking pictures of the vehicles, take them from different angles. Get close-ups and wide-angle shots. If you’ve not moved the vehicles, get photos of how they came to rest. If you have time and your head is clear enough, use a familiar object like a dollar bill or shoe next to any damage when you take the picture. Your hand, a receipt, your wallet…anything you can grab. It will give a size perspective to anyone viewing the photos in the future, allowing them to grasp the size of damage or debris at a glance. Take Photos of IDs, Insurance, and Contact Information With the other person’s permission, you can take photos of their driver’s license and insurance card for later use. This ensures you have these documents on record and don’t have to worry about remembering things or writing them down. If you speak to any accident witnesses (which you definitely should), ask to take a photo of their ID as well, just so you can get in touch with them later. If they don’t feel comfortable with this, either put their contact information into your phone or record a quick statement with the contact information at the end. Get Pictures of the Crash Site Taking pictures of the crash site will give a judge and jury an idea of the conditions at the time of the wreck and whether there may have been contributing factors. If a stop sign was obscured from view, a tree branch was hanging low in the roadway or the road was icy, you may be able to show that the other driver wasn’t attentive to hazards. As you are taking photos of the crash site, look for telltale signs of a crash: skid marks, property damage, and more. These, along with pictures of the damage to the vehicle, can help a judge or jury picture exactly what happened. Also, include fixed objects that can serve as a landmark, establishing the location where the accident occurred. Road signs, mile markers, billboards, and nearby businesses can all provide context. Even a bush, stump, or tree can be enough of a landmark, provided they are unique-looking.

Defective Automotive Products & Car Accidents Accelerator pedals that stick, faulty air bags that don’t deploy when they need to, seat belts that break in an accident, tires that blow out on the interstate because of poor workmanship—all of these car product defects are preventable. If you are the victim of an accident that was caused by a defective product, contact our Miami automobile defects lawyers today—we know how to handle negligent manufacturers. Types of Defects At Steinger, Greene & Feiner , we handle all kinds of car product defect cases, including: Auto recalls Defective air bags Defective door latches Defective tires and tread separation Gas tank explosions Occupant ejections Roof crush accidents Seat belt or seat back failure SUV and 15-passenger van rollover accidents Since 1997, we have represented more than 32,000 South Florida injury victims just like you. Our Miami auto accident lawyers have the experience and knowledge of the law to help you win your case—contact Steinger, Greene & Feiner

The answer all depends on the facts of the specific accident.

There is no average payout for a car accident. Recovery for an accident depends on many factors, such as: Coverage available Injuries sustained Property Damage Number of parties involved

Florida is known as a No Fault state. Insurance Companies are required to provide a certain level of coverage for their insured if they are involved in an automobile accident, regardless of fault. In exchange, a victim of an auto-accident can only bring a claim against an at-fault party if they have sustained injuries. Steinger, Greene & Feiner urges all drivers to carry Uninsured and Underinsured coverage in the instance that the party at-fault does not have sufficient coverage. The Insurance Companies’ mandatory coverage of their own insured is called Personal Injury Protection [PIP].

First, call Steinger, Greene & Feiner to discuss your rights. After you report the crash to your insurance carrier, they will open an investigation. Steinger, Greene & Feiner will talk to the insurance companies for you, so you can focus on treating your injuries and getting better.

Yes, the owner of the vehicle is always liable if the person driving the owners’ vehicle was at fault for the accident.

Automobile accidents can happen anywhere. In fact, more than half of all automobile accidents occur within 5 miles from a person’s home. Typically this is because of the relaxed feeling we have due to the repetition of driving through one’s own neighborhood. Driving in familiar routes typically causes one to rely more on muscle memory. To avoid the pitfalls of relying on muscle memory, always buckle your seatbelt and stay alert while driving these routine routes. Timing can be everything when driving. Late afternoon and evening are the most common and most dangerous times to drive. This is due to the flux of travelers heading home from work. As most take the same routes to and from work, being extra alert during these times is extra important. Even knowing the route expertly, unexpected elements may arise such as other drivers, car equipment failure, or a crossing animal. Being extra alert may increase your response time and ability to avoid such accidents when driving. If you have been involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation s on your behalf.

While insurance companies may contact you asking for a recorded statement or wanting you to complete paperwork, DO NOT REPLY OR SIGN ANYTHING, until AFTER speaking with a Steinger, Greene & Feiner attorney to know what your options are. A Steinger, Greene & Feiner attorney can help you navigate your way through dealing with the insurance companies. The insurance companies have one goal in mind after an automobile accident, and that is to look out for their interests. A Steinger, Greene & Feiner attorney is hired to represent YOUR interests on your behalf. The words you speak in a brief conversation to an experienced insurance adjuster can easily be distorted, misquoted or taken out of context and used to hide the truth about what happened to cause your injury. Insurance companies use their financial resources for their benefit; do the same by using an experienced Steinger, Greene & Feiner attorney to represent you and be in your corner through this difficult time. If you have been involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation on your behalf. Be sure to check with a lawyer! Find an attorney that practices in the area of the accident. Nashville car accident attorneys may have insights that are specific to the state of Tennessee. Be sure to find a lawyer near you!

An auto accident can be very traumatic and injuries can be sudden or come on shortly after. The following is a quick guideline of steps to take after an automobile accident. If anyone was injured, call 911 and ask for medical help. The 911 operator will contact the police and send paramedics as well. If possible, move the vehicles involved out of the lanes of travel and out of oncoming traffic in order to avoid any subsequent accidents. Remain on the scene until the officers advise you that you may leave. Provide the requested information to the police. Ask for a copy of the police report and take down the officer’s name and badge number. ALWAYS collect the following information from the other people involved in the accident: Names, addresses and telephone numbers. Insurance company name and policy numbers The involved persons driver’s license numbers All pertinent information from any eye witnesses who were at the scene when the accident happened. Take photos or videos of all of the vehicles involved in the accident. Documenting the damage to the vehicles can help at a later time to show how the accident happened and where the impact occurred. Seek prompt medical attention; go to a hospital, urgent care or your primary care doctor to get evaluated as you may have suffered injuries that you do not even know you have yet. While insurance companies may contact you to ask for a recorded statement or wanting you to fill out paperwork, DO NOT REPLY OR SIGN ANYTHING, until AFTER speaking with a Steinger, Greene & Feiner attorney to know your options. A lawyer can help you navigate your way through dealing with the insurance companies. Timing is essential, so make sure to take prompt action and know your rights by getting help immediately.

An auto accident can be very stressful and injuries can be immediate or occur shortly thereafter. The following is a quick guide of what to do after an accident where you are not at fault: Call 911 and ask for help. The 911 operator will most likely contact the police and send medical help as well. If feasible, move the automobiles involved in the accident from of the lanes of travel and away from oncoming traffic so there are no subsequent accidents. Stay at the scene until the officers advise you otherwise. Provide the information requested by the police. Ask for a copy of the police report and note the officer’s badge number and name. ALWAYS collect the information below from the other parties involved in the automobile accident: Names, addresses and telephone numbers Insurance company name and policy numbers The involved person’s driver’s license numbers All pertinent information from eyewitnesses who were at the scene during the accident Take videos or pictures of the vehicles involved in the accident. Documenting the damage to the automobiles can assist at a later time to show how the accident occurred. Seek medical attention immediately; seek a hospital, urgent care or your primary care doctor to evaluate your injuries as you may have injuries that you do not even know you have suffered. While insurance companies may contact you to ask for a recorded statement or wanting you to fill out paperwork, DO NOT REPLY OR SIGN ANYTHING, until AFTER speaking with a Steinger, Greene & Feiner attorney to know your options. A lawyer can help you navigate your way through dealing with the insurance companies. Timing is important and essential, so make sure to take quick action and know your rights by getting help immediately.

In an automobile accident, you are suing for damages. These damages come in the form of economic damages. If you can prove the negligence of the at-fault driver caused your injury, economic damages can cover current and future medical costs along with loss of wages. When suing for economic damages, you are limited to these Bodily Injury Insurance limits. If your injuries are in excess of these limits or if the at-fault owner or driver does not have Bodily Injury Insurance, your own policy may have what is called an “Underinsured Motorist or Uninsured Motorist Policy.” Underinsured Motorist or Uninsured Motorist Policies are insurance policies that provide you economic damages for the injuries you suffer as a result of an underinsured or uninsured at-fault driver. If you were injured in an automobile accident, you can be entitled to economic damages. These injuries can have a lasting impact both physically and financially; therefore, you shouldn’t hesitate to take legal action if the at-fault driver was negligent. If you have been involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation on your behalf.

The facts surrounding the automobile accident and the extent of the injury will affect the length of time the case lasts until settlement. The length of time varies on a case by case basis dependent on factors such as the extent of your injuries and amount of medical treatment needed. Aside from establishing liability, generally, automobile accident cases vary in the time it takes for them to be fully resolved. Factors affecting how long it take to reach a settlement include the amount of time it takes for you to fully recover, what your medical prognosis is, and the cost for future care. Cases that are filed for suit generally take longer than cases that are able to be resolved pre-suit. As a general matter, cases that are able to be resolved pre-suit can take approximately twelve months, whereas cases that are filed for suit may take approximately eighteen months. Again, these timelines may vary dependent on the circumstances of each case. If you have been involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will not pay anything for our professional help until we recover compensation on your behalf.

After your accident, the insurance companies will calculate your pain and suffering in order to figure out how much you are to be compensated. There are several factors used to determine pain and suffering, some examples include: Severity of injury Type of medical treatment Length of recovery Long term impairment In order to receive compensation from insurance companies, you will be expected to prove the extent of your pain and suffering does, in fact, entitle you to collect damages. You would be well advised to provide the following documentation to the insurance company as soon as you can after your injury: The medical records and bills The injured party’s recollection of the events Mental health provider’s opinions Written opinions or research from experts Cases may vary dependent upon the circumstances listed above. There is no set percentage of what factors weighs more than others. Insurance companies tend to be difficult to negotiate with on your own; therefore, you will benefit from having a lawyer on your side. If you were involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation benefits on your behalf.

In general, the driver responsible for the accident is considered at-fault. The police report plays a key role in determining what happened. The police report gathers the versions of what transpired from each party, any witness recollections, assesses the damage and then uses the information gathered to make a determination as to who is at fault. State your version of the events as they occurred and let the police officer determine fault based on the evidence at the scene as the officer sees them. Before police arrive, you would be well advised to gather whatever evidence of the accident you can. Such evidence includes photographs of the damaged areas on each vehicle, information from the other party/parties involved, and witness accounts of what happened. Provide the police with this information when they arrive. It would also be wise not to admit fault for the accident, even if you feel you are at fault. There may be factors you aren’t aware of which authorities and insurers can use to determine fault. If you have been involved in an automobile accident, contact an experienced attorney at Steinger, Greene & Feiner today for a free consultation. You will pay nothing for our professional help until we recover compensation on your behalf.

There are multiple factors that contribute to cerebral palsy, including lack of oxygen to the baby’s brain during labor and delivery. During labor and delivery, the mother is usually placed on a fetal monitor which monitors and records the baby’s heartbeat. If the baby suffers from a lack of oxygen, then there will be signs of this distress in the baby’s heart tracing as detected by the monitor. Medical professionals are trained to know the necessary measures to take to relieve the distress. If these measures do not work to correct the lack of oxygen and relieve the distress, then immediate delivery of the baby is necessary to prevent brain injury. If there is a significant delay in recognizing the distress, the prolonged lack of oxygen can result in serious injury to the baby’s brain. This brain injury can later be diagnosed as cerebral palsy. Alternatively, when improperly used, delivery instruments such as forceps and vacuums can result in bleeding into the brain or skull fracture. Congenital cerebral palsy results from brain injury during a baby’s development in the womb. It is present at birth, although it may not be detected for months. It is responsible approximately 70% of cases identified. An additional 20% are diagnosed with congenital cerebral palsy due to a brain injury during the birthing process. In many cases, the cause of congenital cerebral palsy is unknown. Possible causes include: nfections during pregnancy have been proven to interfere with appropriate development of the fetal nervous system. Known contributory infections include: Rubella (German measles) Cytomegalovirus (a herpes-type virus) Toxoplasmosis (an infection caused by a parasite that can be carried in cat feces or inadequately cooked meat). Other infections in pregnant women that may go undetected are being recognized now as an important cause of developmental brain damage in the fetus. Severe jaundice in the infant. Jaundice is caused by excessive bilirubin in the blood and is identified by a yellowing of the skin. The liver functions to filter out bilirubin, however a newborn’s liver may need several days to accomplish this effectively. In rare case, severe jaundice can result in damaged brain cells. Other rare cases include Rh incompatibility between mother and infant where the mother’s body produces fetal-blood-cell-destroying antibodies which lead to jaundice and eventual brain damage. The physical and metabolic trauma of being born can precipitate brain damage in a fetus whose health has been threatened during development. Severe oxygen deprivation to the brain or significant trauma to the head during labor and delivery. Some risk factors that increase the possibility that a child will later be diagnosed with CP include: Receiving a low Apgar score 10 to 20 minutes after delivery. An Apgar test is used to make a basic, immediate determination of a newborn’s physical health. For the test, the infant’s heart rate, breathing, muscle tone, reflexes, and color are evaluated and given a score from 0 (low) to 2 (normal). Breech births Vascular or respiratory problems in the infant during birth. A low birth weight (less than 2,500 grams, or 5 lbs. 7.5 oz.) and premature birth (born less than 37 weeks into pregnancy). Physical birth defects such as faulty spinal bone formation, groin hernias, or an abnormally small jaw bone. Being a twin or part of a multiple birth. A congenital nervous system malformation, such as an abnormally small head (microcephaly). Seizures shortly after birth. Bacterial meningitis or viral encephalitis Mothers who had bleeding or severe proteinuria (excess protein in the urine) late in their pregnancy have a higher chance of having a baby with CP, as do mothers who have hyperthyroidism or hypothyroidism, mental retardation, or seizures.

Cerebral palsy (CP)refers to a group of neurological disorders permanently affects the part of the brain that controls muscle movements thereby impacting body movement, muscle coordination, and balance. These ailments appear in infancy or early childhood. Although detecting may take months of years, the majority of children with cerebral palsy are born with it; early signs appearing before a child reaches the age of 3. In more than 80% of cases, symptoms are apparent within the first month of life. In instances where the infant’s brain is injured by low oxygen levels, there may be signs of this brain injury present at the time of delivery. CP is not progressive or hereditary. The most common early physical indicators of CP include: a lack of muscle coordination when performing voluntary movements (ataxia) stiff or tight muscles and exaggerated reflexes (spasticity) walking with one foot or leg dragging walking on the toes, a crouched gait, or a “scissored” gait muscle tone that is either too stiff or too floppy. Common neurological symptoms include: seizures hearing loss impaired vision bladder and bowel control issues pain and abnormal sensations Treatments Although cerebral palsy can’t be cured, treatment can serve to improve a child’s capabilities. In general, ary diagnosis and treatment will result in a better chance of children being able to overcome developmental challenges and learn new ways to accomplish challenging tasks. Typical treatment regimens include: occupational and physical therapy speech therapy drugs to counteract seizures, relax spasms, and alleviate pain surgery for the correction of anatomical abnormalities the use of durable medical equipment such as orthotic devices, wheelchairs, walkers, and communication aids. Prognosis Each case of CP is unique and must be treated as such. CP does not always cause profound disabilities and is not known to negatively impact life expectancy. Quality of life can be enhanced using treatments to address individual reactions to the disease and, depending upon the severity of the case, those remedies may require life-long use. Those with severe cerebral palsy may require special medical, educational, and social services. Cerebral palsy can strain financial resources. Resources from the Centers for Disease control estimate average lifetime cost of cerebral palsy-related expenses for one person at $921,000.

Doctors use medical devices to assist in the delivery of babies. Two types of devices for this purpose are forceps and the vacuum extractors. Forceps – which resemble salad tongs and are used to grip around the head of a baby in order to assist delivery through the birth canal. If the forceps are gripped too tightly, or if there is excessive force or twisting, the baby can experience serious damage. Vacuum extractor – a soft plastic cup is attached to the top of the baby’s head while gentle vacuum pressure is applied allowing medical staff to rotate or otherwise adjust the baby to allow for safe delivery. When proper care is used, these devices are efficient in assisting in the delivery process. However, improper use can result in injury to the baby’s skull, face and brain. Used incorrectly, these devices can severely damage the brain, causing bleeding, and may result in Cerebral Palsy. Because identification of the effects of CP may take some time, the baby may, at first appear normal. Eventually they may begin to exhibit signs of trauma such as turning blue due to respiratory issues, or exhibiting seizure activity. While Cerebral Palsy is a common result of birth injury, other injuries frequently occur, as well. Common birth injuries attributed to the use of delivery assistance devices include: Erb’s Palsy – A condition that typically damages the nerves that control the muscles in the hand and arm. Shoulder Dystocia –In this condition, the baby requires manipulation to permit delivery. The delivering obstetrician might pull too aggressively, causing injury that may result in Cerebral Palsy or other neurologic injury. Brachial Plexus Palsy – -An injury results from excessive or improper pressure on the shoulder during delivery, which in turn damages the brachial plexus resulting in nerve sensation and arm movement difficulties. Klumpke’s Palsy – A variety of Brachial Plexus Palsy that injures the fingers and wrist, occurring during delivery in association with a shoulder dystocia.

Forceps and vacuum extractors are medical devices commonly used to assist in the delivery of babies. Properly used these devices can help doctors to safely deliver babies. However they can also lead to mechanical injury trauma to the baby.

According to data gathered from the Centers for Disease Control, cerebral palsy (CP) is the most common motor disability in childhood with international population-based studies suggesting estimates of CP ranging from 1.5 to more than 4 per 1,000 live births. About 1 in 323 children has been identified with CP according to estimates from (ADDM) Network. In 2008 (most recent data compiled), the CDC’s Autism and Developmental Disabilities Monitoring (ADDM) CP Network included areas of Alabama, Georgia, Missouri, and Wisconsin. Based on children who were 8 years old and living in these four communities in 2008, the ADDM CP data showed that: CP was more common among boys than among girls. CP was more common among Black children than White children. Hispanic and White children were about equally likely to have CP. Most (77.4%) of the children identified with CP had spastic CP. Over half (58.2%) of the children identified with CP could walk independently. Many of the children with CP also had at least one co-occurring condition—41% had co-occurring epilepsy and 6.9% had co-occurring ASD. Walking Ability According to 2006 data from the ADDM CP Network, Black children with cerebral palsy were 1.7 times more likely to have limited or no walking ability compared with White children. Overall findings included: 41% of children with CP were limited in their ability to crawl, walk, run, or play 31% needed to use special equipment such as walkers or wheelchairs. 58.2% of children with CP could walk independently 11.3% walked using a hand-held mobility device 30.6% had limited or no walking ability Evidence of Co-Occurring Developmental Disabilities Almost half (41%) of the children identified with CP by the ADDM CP Network had co-occurring epilepsy. Co-occurring epilepsy frequency was highest among children with cerebral palsy who had limited or no walking ability. Some (6.9%) of the children identified with CP also had autism spectrum disorder (ASD). Co-occurring ASD frequency was higher among children with non-spastic CP, particularly hypotonic CP. Non-Spastic CP – a form of CP marked by weakened and unstable muscle tone Some signs include: Sudden, jerky movements Variations of muscle tone, ranging from stiff to loose. Hypotonic CP – marked by extremely loose and floppy muscle tone Some signs include: Rag-doll appearance due to limp muscles The head may fall backwards, forward, or to each side involuntarily Respiratory problems Difficulty maintaining proper posture Metropolitan Atlanta Developmental Disabilities Surveillance Program (MADDSP) in Atlanta shows for 2008 that: Approximately 60% of 8-year-old children with CP had another developmental disability More than 40% of children with CP had intellectual disability 35% had epilepsy Greater than 15% had vision impairment Nearly 25% of children with CP had both intellectual disability and epilepsy. Risk Factors Low birth weight Premature birth Disruption of blood and oxygen supply to the brain Infections in the mother Being born a twin or other multiple birth Being conceived by in vitro fertilization or other assisted reproductive technology Having a mother who had an infection during pregnancy Having kernicterus (a type of brain damage that can happen when severe newborn jaundice goes untreated) Having complications during birth Early Signs of Cerebral Palsy From birth to 5 years of age, a child should reach movement goals―also known as milestones―such as rolling over, sitting up, standing, and walking. A delay in reaching these movement milestones could be a sign of CP. The following are some other signs of possible CP. In a baby 3 to 6 months of age: Head falls back when picked up while lying on back Seems to overextend back and neck when cradled in someone’s arms Legs get stiff and cross or scissor when picked up Feels stiff Feels floppy In a baby older than 6 months of age:

Children living with CP are subject to a multitude of co-factors – some of which are behavioral. Many of these challenges are not immediately apparent and will not present until the child matures and more complex skills are required and expected of the child. For instance, a child may not experience or exhibit certain organizational or behavioral control issues at the age of five when those skills are not expected, however at the age of 16 it may become apparent that certain skills are indeed hampered. Children who suffered from birth trauma resulting in cerebral palsy may experience difficulties in the following areas: Other profound implications related to behavior or personality in children living with cerebral palsy Chronic health conditions are a significant risk factor for the development of an anxiety disorder and the prevalence rate of anxiety disorders among youths with chronic health conditions is higher compared to peers without chronic health conditions. Anxiety – Anxiety disorders are thought to be one of the most common psychiatric diagnoses in children and teens. Less endurance; tires more quickly, takes longer to understand information, reacts less quickly, and is easily overwhelmed with even small amounts of information “Executive Functions” – refers to difficulties relate to planning, organizing and strategizing behaviors Relationships with others – may have problems with judgment, problem solving and considering others’ ideas, unable to interpret the actions of others and therefore have great problems in social situations Memory difficulties; unable to organize and remember information; may get lost, forget names, miss instructions, and/or have trouble learning new information Organization/managing multiple tasks simultaneously/ Does not tolerate daily routine Less attention and concentration; trouble paying attention to someone who is talking; changing from one topic to another; trouble staying on task or completing a task Impulsiveness Changes in Social-Emotional Functions Dependent/regressive behaviors Mood Swings Depression or Anger Irritability/aggression Dis-inhibition/risk taking behaviors Irritability Easily frustrated Easily upset or angered Withdrawn or isolated

The term ‘Birth trauma’ is used to describe any cuts, fractures, or other injuries sustained by a newborn baby during labor or delivery. Birth trauma is more common in developing nations, but at least 2% of live births in the U.S. are adversely affected by non-congenital physical injuries. Birth trauma occurs more frequently among larger-than-average babies, particularly when the mother’s pelvic area may be too small to birth the baby without the assistance of hands, forceps, or vacuums to ease their passage through the birth canal. In these situations, neonatal injuries can occur if a doctor uses too much physical force while handling the baby or is not careful with birthing instruments. Data suggests the most common conditions contributing to birth trauma include: Babies heavier than 8 lbs 13 oz Babies born prior to the 37th week of pregnancy The mother’s pelvis may have the wrong shape or size for a safe delivery Difficult labor or delivery (dystocia) Prolonged labor Abnormal fetal position at birth (baby is in a head-up, buttocks-first, or breech, position) The most common traumatic injuries include: Caput Succedaneum – a condition marked by scalp swelling, typically during or shortly after birth. Caput succedaneum can also be caused by the use of vacuum extraction devices during a protracted delivery. Cephalohematoma – an accumulation of blood below the protective membrane that covers an infant’s skull. This condition manifests as lumps on a baby’s head, usually several hours after delivery. The lumps feel soft and may show signs of post-partum growth. Though most do not require medical attention, some may cause jaundice. Bruising and Broken Bones – Bruising may occur due to the physical stresses of the passage through the birth canal or the use of forceps during delivery which can on a newborn’s head or face, especially when medical staff use too much force. In addition, vacuum extraction may cause lacerations or bruising on a baby’s scalp. Broken bones can occur with improper use of birth-assisting tools or when an infant is tugged too forcefully. In extremely rare instances, a physician or someone on the medical staff may drop a newborn. Subconjunctival Hemorrhage – bleeding that occurs when small blood vessels in the baby’s eyes break. This does not cause permanent damage to the eyes and typically clears within a matter of days as the body reabsorbs the blood. Bell’s Palsy – occurs when a baby’s facial nerve is damaged during labor or birth usually caused by pressure on the infant’s face during the passage through the birth canal. However, facial paralysis can be caused by large amounts of pressure from forceps during delivery. Bell’s palsy is usually most evident when babies cry and the facial muscles on the damaged side remain dormant while the eye remains open. If the nerve is bruised, treatment will usually be unnecessary and the damage will improve with time. For severe cases, surgery may be necessary. Oxygen Deprivation – this type of birth of trauma can occur if the placenta separates prematurely or if the umbilical cord becomes entangled around the baby’s neck and reduces oxygen flow to the brain. This can lead to partial or total blindness or even permanent disabilities like cerebral palsy. Fractures – most common birth trauma, usually affecting the collarbone and usually occurring during breech births. Not all birth traumas are life-threatening; conversely, most heal on their own without serious medical intervention. Many can be avoided when medical professionals are proactive and properly assess birthing situations.

The most important thing to remember if you suspect someone has suffered from a spinal cord injury is to NEVER MOVE THEM. The exception is if they are in an otherwise life-threatening situation, such as being stuck in a burning car or choking on blood. Otherwise, moving them could only make a bad situation worse. You could cause further injury by jarring bones cartilage disks that are already in a precariously disjointed position. Here are a few more steps to keep in mind: Call 911: Medical professionals are best able to deal with these kinds of emergency situations. They know what signs to look for in a possible spinal cord injury and how to move the victim. Keep the victim stationary: With adrenaline after an accident, it’s natural for a person to try to get up and do a self-examination. Make sure they don’t move, either purposefully or otherwise, and keep their neck still. Perform modified CPR: If the victim isn’t breathing, conduct CPR. Remember to pump the chest at about 100 beats per minute; that’s the tempo of “Stayin’ Alive” by the Bee Gees and “Sweet Home Alabama” by Lynyrd Skynyrd. Do not tilt their head back for mouth-to-mouth; instead, gently lower their jaw. Don’t remove any gear: If you are on the construction site, don’t remove any safety gear from the victim. This includes helmets. Doing so could jar the spine and cause further damage. Know when and how to roll: As mentioned before, one of the only times you should move a victim is if they are choking on blood or vomit. If this is the case, work with at least one other person to gently roll the victim on their side, keeping their back, neck and head aligned.

Motor vehicle accidents account for 40 percent of all spinal cord injuries. While your spine may be strong enough to protect your nerves from everyday bumps and poor sleeping positions, it’s simply not made to resist major trauma. Luckily, your vertebrae are strong and durable enough to not easily break. However, there are many other parts of the spinal cord that make it a fairly delicate structure. The most common injuries to the spinal cord are from strains and tears to muscles, ligaments and tendons. This can cause severe swelling, bruising and other fairly serious injuries. Perhaps the most well-known of these kinds of injuries is whiplash. This is when the neck jolts back then suddenly forward, putting massive strain on the upper portion of the spinal cord, or cervical curve. You may also suffer from spinal fractures in the middle to lower back. In a car accident, your upper body will move forward due to the sudden stop. However, your torso remains in place, if your seatbelt is working properly. This can result in your vertebrae being pulled apart, causing fractures, herniated disks and other injuries to the soft tissue and cartilage. If not treated quickly, such injuries could result in permanent disability and other lifelong issues.

The job of your spinal cord is to deliver messages from the brain to the rest of the body. It’s filled with thousands of nerves, transmitting rapid signals every second of the day. These nerves are very delicate and, unlike most other cells, are irreparable if they become damaged or torn. Luckily, they are protected by the vertebrae in your spine. It usually takes a lot of impact or trauma to completely break through these bones and make it to your nerves. At most, an impact usually causes bruising, swelling and/or small fractures. These injuries can cause temporary paralysis and other issues, but with proper treatment and rehabilitation, you could be back on your feet in a few weeks to a few months. But in more severe cases, your injuries could become permanent. The likelihood of a nerve being severed or otherwise directly damaged is low, thanks to the aforementioned vertebrae. But, if swelling or other side effects of trauma go untreated, it could cause a loss of blood flow to the nerves. That causes nerve death, which (at least for now) is permanent. New research is constantly being conducted to remedy these kinds of injuries. Stem cells have been thought to be a solution for spinal cord injuries. However, due to funding and moral reasons, research has been slow. For now, “complete” spinal cord injuries, or ones in which the nerves are completely damaged, are permanent.

Because the spinal cord is the Grand Central Station of the nervous system, injuring it can be terrifying. Each section of the spine controls a different part of your body, meaning an injury to any section could leave you partially paralyzed. While paralysis is often associated with legs and arms, it could also mean your urinary tract or respiratory system is unable to function properly. The likelihood of paralysis is highest in “complete” injuries. This means signals from the nerves are not received past the point of the injury. For neck injuries, that could result in tetraplegia, meaning you are unable to move your arms or legs. A lower injury could result in paraplegia, meaning the legs are paralyzed. These often result from a lack of blood flow or other obstruction that kills the nerves. An incomplete injury, on the other hand, means the injury does not totally block nerve signals. While these injuries can result in paralysis, it is often able to be overcome with rehabilitation and medical treatment. Things get tricky with “open” injuries, such as from a gunshot. The bullet may not immediately cause paralysis, but operation to remove it could damage nerves. Often in these cases, the bullet may be left in, while the patient is forced to be immobile so the spine can heal around it.

A spinal cord injury could potentially devastate your life. Whether you’ve been in a car accident, a victim of violence in some other way been hurt, your first question will likely be, “Will I be able to walk again?” The answer to that is an unsatisfying “maybe.” There are a few factors to consider. First, there’s the determination of whether your injury is complete or incomplete. A complete injury means no nerve signals are passing through the injured part of your spinal cord, leaving you immobile. Often, that is a result of a nerve tear or other inoperable obstruction. An incomplete injury means some nerve signals are coming through, and there is mobility/feeling below the injury. Your doctor will conduct a somatosensory evoked potential (SSEP) test to stimulate nerve signals and determine how far they travel. Overcoming incomplete injuries may be possible with rehabilitation. However, complete injuries will leave you completely unable to walk — at least for now. New technology called exoskeletons has made its way onto the scene. These tools attach to the legs and use small motors to help those who are paralyzed walk again, or at least simulate the action. Though exoskeletons are pricey right now, the price should drop (and possibly be covered by insurance) in the coming years.

Your spinal cord is the messenger system for the nervous system. Signals from the brain are directed down the spine, which then carries these signals throughout the body. As such, an injury can have devastating effects on the nervous system. There are many different parts of the nervous system, all connected to other systems in the body, and they can each be affected uniquely, depending on the location of the injury. One of the most important factors in a spinal cord injury is the “completeness.” If there is no movement or feeling below the injury, it’s considered a complete injury. That’s because there is no signal going past that part of the spine, and therefore the brain cannot connect with the intended body part. If there is movement or feeling, it is an incomplete injury. Here’s a quick rundown of the different sections of your spinal cord: Cervical curve: Base of the skull to the shoulder, controls head and neck, diaphragm, biceps and wrists Thoracic curve: From the shoulders to the bottom of the ribs, controls the chest muscles, hands, triceps and abdominal muscles Lumbar curve: Bottom of the ribs to “tailbone,” Controls leg muscles Sacral curve: Referred to as the “tailbone,” controls bowels, bladder and sexual function Different parts of the spinal cord are also in charge of the skin and autonomic functions like breathing, internal temperature control and heartbeat.

Though severe, a spinal cord injury is not always easily diagnosable. They share similar symptoms as brain injuries or simple whiplash. As such, a battery of tests are generally administered to diagnose a spinal cord injury. These include: X-rays: These are used to see if there is any damage to the vertebrae, such as cracks or fractures. Myelogram: This is similar to an x-ray. However, a special dye is injected into the spine that highlights nerves and other non-bone tissue elements can be seen, using a special x-ray called fluoroscopy. Computed tomography (CT) scan: During a CT or “cat” scan, a computer takes a series of cross-sectional images to check for issues such as blood clots. Often, this will be done soon after a myelogram to take advantage of the dye still in the spine. Magnetic resonance imaging (MRI): An MRI uses strong magnets and radio waves to take a picture of the affected area. Often, these will be used to check for herniated disks and other issues, including swollen cartilage between the vertebrae. Somatosensory evoked potential (SSEP) testing: Also called magnetic stimulation, SSEP is used to test how well the nerves themselves are operating. This test causes a nerve signal to be sent, which is tracked to make sure it can still pass through the spinal cord.

Because spinal cord injuries can have such a major impact on your life, it’s vital to seek immediate medical attention. You will be under close observation for the first 24 hours of your hospital stay, during which doctors will be monitoring your condition, conducting tests and formulating a treatment regimen. On average, you can expect to spend 8 to 13 days in the hospital for a spinal cord injury. During this time, doctors will be watching for quite a few different things. They will monitor your vitals, including your heart rate, temperature and blood pressure. They will also check for range of movement and feeling in the extremities, as needed. They will also administer any number of tests, from x-rays to MRIs to CT scans. Your doctors will also check for neurological issues by checking pupil reflexes, balance, strength and other indicators. From there, there are many different kinds of treatment you may receive. If the injury is not severe, you may just be given painkillers and anti-inflammatory medication. If needed, you may also be given a back brace. In severe cases, surgery may be needed to repair the spine. Note that the 8 to 13 days in the hospital does not include any rehabilitation or occupational therapy you may need.

The most common injury from a car accident is whiplash. It’s most likely to happen if you get rear ended, as your head snaps back then suddenly forward. This causes strain on your neck muscles, tendons and ligaments. It can even cause your tendons and ligaments to tear. Depending on the severity of the injury, you could suffer from a stiff neck, headaches, dizziness and even problems with concentrating. Fortunately, these symptoms generally go away within a few weeks. However, it some cases, more serious injuries occur. Your spinal cord runs from the base of your skull to the very bottom of your spine. As such, whiplash can cause damage to the top of your spinal cord, known as the cervical vertebrae. This area of the spine is responsible for arm movement, breathing, head movement and other vital functions. Though it is very rare, whiplash could cause these vertebrae to become damaged or misaligned. Though it is not likely to be an issue, every instance of whiplash should be treated as a spinal cord injury until you are told otherwise. That means you need to visit your doctor and allow them to conduct tests, including x-rays, to make sure everything is as it should be. Never ignore prolonged neck pain after a car accident or other instance of whiplash; doing so could result in permanent damage.

Spinal cord injuries are often some of the most devastating a person can suffer. The majority of your nervous system is located in your spine, and severe damage can leave you paralyzed for life — or worse. There are many ways you could fall victim to such an injury. Here are the top 6, according to Mayo Clinic: Car accidents: Over 35 percent of all new spinal cord injuries annually happen due to motor vehicle accidents. This includes cars, trucks and motorcycles. Whether you hit another vehicle or a stationary object, you could suffer from a spinal cord injury. Falls: If you are over 65 years old, a spinal cord injury is more likely to happen from a fall than any other cause. It also affects industrial and construction workers. In all, a quarter of spinal cord injuries come from falling. Violence: Unfortunately, violence is a common occurrence in the United States. Gunshot and stab wounds account for 15 percent of all spinal cord injuries. Often, violent acts sever nerves, causing severe damage. Sports injuries: Whether you play for the pros or play in the backyard, you can suffer from sports injuries playing sports.Similarly, taking dives in the shallow end of the pool can cause injury. Altogether, sports and recreation account for about 9 percent of spinal cord injuries. Alcohol use: Do you make the smartest decisions when you drink? Whether you text your ex or try death-defying maneuvers, the answer is probably “no.” Unfortunately, alcohol plays a factor in a fourth of all spinal cord injuries. Disease: Not every spinal cord injury is a result of trauma. Osteoporosis, arthritis, cancer and other diseases and conditions can cause your spinal cord to deteriorate. This is one of the main causes of injury in older individuals.

In Florida, it’s a four-year statute of limitations from the time the accident occurred unless the accident resulted in a death and then a wrongful death statute in Florida has a two-year statute of limitations.

When you’ve fallen and it is because of somebody else’s negligence, whether they cause the fall by placing something in your way or something that would cause you to trip that you couldn’t see or whether there is a hole, for instance, that they covered up or something that they

If you slip and fall in a store, you need to immediately report the accident to a store manager or the person in charge of the store where you fell. If you’re busy being treated by emergency medical personnel, you need to call back to the store to make sure that they’ve recorded it on an incident or accident report. Ideally, you need to obtain a copy of that report before you leave the scene or make sure that a friend or family member gets a copy of that report.

There are helmet laws. They differ from state to state. In Florida, for instance, there is no requirement that you wear a helmet as long as your motorcycle is insured and you carry bodily injury coverage. If you do not, then the law says that you must wear a helmet. The helmet laws vary from state to state, so you need to look at the local DMV whether online or in person to determine what helmet laws are required for your state.

If you have witnessed a motorcycle accident it is important that you stop at the scene of the accident and offer to render any help that may be needed to the motorcyclist or anybody else who could potentially be injured in the accident. Additionally, you need to call 911 or your local police department and alert them of the accident, its location and whether or not there may be any injuries involved. As a witness, giving this information will help the injured victim in bringing their claim, so it’s extremely important that you provide your name, your address, your phone number, and any other contact information that you may have to any of the parties involved in the accident or to 911 or any police officers that may be present at the scene.

Michael Steinger:The most common type of motorcycle accident is crashes involving motorcycles and other moving vehicles. Approximately 78 percent of the time motorcyclists are struck by – from the front by another automobile or moving vehicle. The impact between an automobile or car and a motorcycle is the greatest risk to a motorcyclist and the most common cause of motorcycle accidents.

The average settlement for a motorcycle accident depends upon the extent of your injuries and the insurance coverage available or the assets of the at-fault party. If your injuries are more extensive requiring medical treatment or future medical treatment or you have sustained lost wages or future lost wages because of the accident, those items will increase the value of your accident – motorcycle accident claim. It is suggested that you seek a lawyer to help you determine the amount of available insurance coverage to compensate you for your motorcycle accident and to determine a fair value for your injuries and your pain and suffering that you may have sustained in a motorcycle accident.

There are only certain times you can recover compensation after a boating accident. The most common is when another boat crashes into yours. More often than not, operators of both boats are at least partially at fault. For instance, if one boat is speeding and hits another, but the other wasn’t properly looking out, both operators would be at fault. Another sticky situation would be one in which a boat crashes into a particularly large wake caused by another boat. In general, boat operators are required to look out for dangers like that. However, if a boat does create a particularly large wake, especially in a no-wake zone, they could be held liable for negligence. These are just a couple of the many situations in which compensation may be recovered. The state of Florida operates under pure comparative negligence. That means the money you can recover is directly proportional to your part in the accident. For instance, if the judge believes you are owed $10,000 for your damages, but you are deemed 30 percent responsible for the accident, you can only recover $7,000 in compensation. Often, this comes down to opinions, and it is vital you have an experienced attorney who knows how to handle these cases. At Steinger, Greene & Feiner, we have many decades of combined experience handling all sorts of personal injury cases, including boating accidents, in Miami and the rest of South Florida. We know how to get you the compensation you deserve after you’ve been in a boating accident that was someone else’s fault. Contact us today to learn more about how we can help you.

In the state of Florida and across the country, thousands of accidents happen every year. However, only some of them need to be reported to the United States Coast Guard. In 2015, Florida saw 737 reportable boat accidents. What makes accidents reportable? They must meet at least one of the five following requirements: Someone was killed Some was seriously injured Someone went missing, and they are probably hurt or killed Total damage done equals at least $2,000 A vessel is lost or damaged beyond repair In these instances, there is a report that must be filled out and submitted to the Coast Guard. This document can be found online, and is easy enough to fill out (though it may take some time to do so). You will need to fill out details of the accident, including damage done to the vessel and persons either injured or killed. You will also need to make note of where and when the accident happened, and how many people were on the boat at the time. After the details of your accident, you will need to also include the details of your boat, including its make, model, identification numbers and other information. To the best of your ability, make note of the weather at the time, as well as the water conditions. If equipment failure caused your accident, you will need to note what failed. Finally, you will need to make note of any other factors that contributed to the accident, such as alcohol or drug use and excessive speed. These factors can be potentially incriminating, so be wary with them. If you can, contact your attorney before filling out the report. However, don’t wait too long to do so. If an injury or death was the reason for the report, you only have 48 hours to file it. If it was just property damage, you have just 10 days.

Florida leads the nation when it comes to the number of water vessels, at 915,713. However, there are likely at least a million unregistered boats on the water as well. With so many boats and other vessels, it’s no surprise that there are thousands of accidents on the water every year. However, only a portion of those accidents are reported. That’s because one of five criteria need to be met in order to be considered “reportable”: There is a fatality There is a total loss of a vessel At least $2,000 worth of total damage is done to property, including any vessel involved A person needs medical attention that goes beyond simple first aid A person disappears and it seems they were egregiously injured or killed Under these requirements, there were 737 reported accidents in Florida in 2015. The most common accident that led to a report was a collision with another boat, which accounted for over a quarter of reports. Perhaps not too surprisingly, Miami-Dade County led the state with the most reported accidents and injuries. Within the area, there were 96 accidents, resulting in 74 injuries and three deaths. In total, there were 55 fatalities in 2015. Of those, falling overboard was the most common accident, at 42 percent of all accidents. These overboard accidents resulted in 35 instances of drowning, the leading cause of death. In addition, alcohol and drug use was a factor in nearly a fifth of all fatalities. When it comes down to it, being sober and attentive is the best way to stay safe when boating of Florida’s waters.

Of the 55 fatalities from boating accidents in 2015 in Florida, 22 were caused by falling overboard. That’s over 40 percent of all fatalities. This is still the main cause of boating deaths. Though other injuries may occur from falling overboard, the most common cause of death is drowning, accounting for 64 percent of all fatalities. If you are involved in a boating accident and go overboard, it’s vital that you don’t panic. Thrashing about can zap all of your energy and, at the very worst, attract unwelcome wildlife. Instead, use your voice. Yell out as loud as you can, “MAN OVERBOARD,” along with either “port” or “starboard,” depending on which side you fell off of. This will attract both your own boat and any others in the area. Keep yelling until you get someone’s attention. A spotter should point out your location as soon as they see you. They should keep pointing at you until the boat is with you. Otherwise, your location could be quickly lost in the waves. When the boat gets to you, someone should throw a floatation device toward you (hopefully you will be wearing a life vest already). When you are finally able to get onto the boat, make sure you are securely seated and uninjured before taking off again. The best way to avoid falling over is to remain seating whenever you can. This is especially true if you have been drinking. You may find yourself teetering on dry land, and the rocking of the boat can make it even worse. Even if you are completely sober, make sure to always wear a life vest — or, at the very least, have one within reach.

Boating accidents can ruin what was supposed to be a great weekend with family and friends — and can do much more damage. Whether you run into another boat, hit a dock, capsize or someone falls overboard, there are a few things you should do in every situation. First of all, it’s imperative you make sure everyone is okay and accounted for. If someone has fallen overboard, slow the boat down and throw a personal floatation device (i.e. a lifejacket) if they aren’t already wearing one. You can also throw a lifesaver or other floating tool to them to pull them back to the boat. Slowly turn the boat around so you are next to them, then stop the engine until they are back on board. If your boat capsizes or sinks, stay with the boat if possible. It’s much easier to see a ship in danger than to see people floating in the water. If you made the mistake of not wearing a life vest, try to find one quickly and either put it on or hold on to it. If you can’t, find anything that floats, like a cooler, and hold on to that until rescue arrives. Once everyone is accounted for and first aid is administered as needed, it’s time to deal with the tedious side of things. In Florida, you must report the accident if it meets at least one of these five criteria: There is a total loss of a vessel There is a fatality A person needs medical attention that goes beyond simple first aid A person disappears and it seems they were egregiously injured or killed At least $2,000 worth of total damage is done to property, including any vessel involved If you do get into an accident with another vessel, you will need to exchange information with the other operator. This includes insurance information, names, addresses, phone numbers and Hull ID numbers. Take photos of any and all damage, as well as an inventory of any items lost. You will need to call your insurance agency and follow their directions. But, don’t sign any kind of settlement agreement until you speak to your attorney.

The number one most important thing you can do to prevent causing a boating accident is to never operate a water vessel if you’ve been drinking. Nationwide, drinking caused 359 accidents in 2014, according to the Coast Guard. From those accidents, there were more than 100 fatalities. Even if you haven’t been drinking, an inexperienced or inattentive operator can cause a great deal of damage. In total, operator errors cause thousand of accidents — and hundreds of deaths — every single year. If you are not too experienced with operating a boat, or you just got your license, never go out alone. Have someone watching your back to make sure you don’t make any serious mistakes that could end in disaster. No matter how safe and attentive you are, the fact of the matter is, accidents happen. Make sure anyone who comes onto your boat knows what to do in an emergency situation. Wearing a personal floatation device (a life vest) is the best way to prepare for a boating accident. However, we know lifejackets are often not comfortable and, at the very least, are definitely not stylish. If you can’t bring yourself to wear it, at least have it within arm’s reach to make sure it is always available to you. Even if you are not operating the boat, be careful if you have been drinking. It’s hard enough keeping your balance on dry land if you are inebriated; trying to do so when a boat is rocking on the waves can be downright impossible. Remain seated whenever possible. Stay toward the center of the boat, where the rocking will affect you the least.

As you might imagine, most people get out onto the open water in the warm summer months. With more vessels on the lakes, rivers and ocean, there is a greater chance for boating accidents during the summer. According to the United States Coast Guard, the greatest number of accidents for 2014 occurred in July, with 961 accidents nationwide. Of those, about 11 percent resulted in fatalities. However, other months were more fatal percentage-wise than July. For instance, in April, there were 232 accidents. Of those, 47 resulted in fatalities — 20 percent. November is usually a slow month for boating, but in that month as well, 20 percent of the 105 accidents resulted in fatalities. When it comes to the percentage of accidents resulting in death, late autumn through early winter is the most dangerous. Time of day also plays a major role in boating fatalities. Unfortunately, over 35 percent of all fatal accidents are not able to accurately be placed in a certain time frame. But, for those accidents that can be placed in a timeframe, midnight to 2:30 a.m. is the deadliest. There are a number of reasons this is the case. There will likely be fewer boats on the water that can react to an emergency situation, and boat operators out at that time of night will not be able to see far enough ahead to avoid potential collisions. Finally, the deadliest days of the week for boating are Saturday and Sunday. This phenomenon is pretty self-explanatory. More people are able to get out onto the water on the weekend, when work and other responsibilities are left on the shore. It is vital for any water vessel operator to be attentive and mindful of their surroundings, especially when the waterways are congested on the weekends.

Within our state, there are more than 915,000 registered watercraft. It’s estimated that there are at least a million unregistered watercraft as well, a number that is sure to grow. Due to the sheer number of boats, there are thousands of accidents a year, even if many of them are not reported. It would be convenient to be able to say that bad weather and rough seas cause the majority of boating accidents in South Florida. However, the true answer is much more nuanced than that. According to the United States Coast Guard, there were more than 4,000 boating accidents across the country in 2014. These accidents resulted in nearly 2,700 injuries and more than 600 deaths. Most accidents occurred during actual operation of the vessel. Here are the biggest contributing factors: Operator inattention: 563 accidents, 370 injuries, 38 deaths Improper lookout: 431 accidents, 321 injuries, 26 deaths Operator inexperience: 391 accidents, 256 injuries, 44 deaths Excessive speed: 282 accidents, 267 injuries, 23 deaths Alcohol use: 277 accidents, 248 injuries, 108 deaths Hazardous weather and water conditions combined contributed to only 359 accidents, 168 injuries and 100 deaths. By far, the deadliest force on the water is boating under the influence. It is vital that the person operating the boat has plenty of experience, is paying attention and is sober. In Florida, the legal alcohol limit for boaters is the same as it is for drivers: 0.08 blood alcohol content. But, just like intoxicated drivers, you can also get into legal trouble if you are operating a boat erratically after just a couple drinks.

Boating accidents seem pretty self-explanatory: they are accidents that happen on or with a boat. However, it covers a wide variety of different accidents and vessels, from sailboats to speedboats to personal watercraft (jet skis) to even hovercraft. The most common kinds of accidents include either hitting another vessel or hitting an obstacle, like a reef or a dock. When a wreck happens on a lake or a river, it will likely be covered by local and state laws. However, if your boating accident happens out at sea, it will fall under maritime law. This is a highly complex field of federal law. The reason maritime law applies is because the coastal waters belong to the United States as a whole, not to individual states. If a boating accident meets certain criteria, it must be reported to the Coast Guard. These criteria include: If a life is lost If there is substantial injury requiring treatment beyond first aid If a person is missing, and there is reason to believe they were injured or killed There is a total loss of a vessel Total damage caused in the accident equals at least $2,000 Only one of these requirements must be met before a report must be filed. Boating accidents happen for many reasons, but the most common is also the most avoidable: alcohol. In 2014, alcohol use caused 277 accidents, 248 injuries and 108 deaths nationwide. Florida law dictates that it is illegal to operate a water vessel with a blood alcohol content of 0.08 percent or more. However, operating a boat with any alcohol in your system can be a fatal mistake.

The responsible person in a dog bite is either the owner of the dog or the person is responsible for the dog at the time that the incident occurred. That means that if you’re aware of the owner and they were the one who is responsible for the dog at the time of the bite, they may be covered under insurance and the insurance company would be responsible to pay for your injuries. That insurance company could either be their homeowner’s insurance company or their renter’s insurance company, depending on whether they own or rent a home. The same thing applies to anyone who is in possession or control of a dog. Again, their homeowner’s or renter’s policy and that insurance company would potentially be responsible to pay for your damages.

If your Workers’ Compensation claim has been denied in Florida, in order to pursue benefits that you believe are ripe due and owing, your remedy is to file a petition for benefits with the Department of Administration Hearing Office of the Judge of Compensation Claims Division of Workers’ Compensation. Mediation will be scheduled in which you can meet with the insurance carrier, and with a mediator to assist the parties in attempts to amicably resolve the issues. It should be noted that although the mediator is an attorney, the mediator is not your attorney but instead is on either side. The mediator primarily acts as a facilitator of communications between the parties. If the matter cannot be resolved at mediation, a Judge may hold a pretrial and a subsequent Merit Hearing in which evidence will be considered and a Judge of Compensation Claims will rule on whether the denial was appropriate or whether benefits should be provided. In certain matters a further appeal may be necessary subsequent to the Workers’ Compensation Judge’s ruling. If your Workers’ compensation claim has been denied, a Workers’ Compensation attorney can prepare and file a petition for benefits on your behalf, represent you at the mandatory mediation, and at any Hearings before a Judge of Compensation Claims. As well as the attorney can answer any Workers’ Compensation questions that you may have regarding the denial, its’ legal bases, and the evidence and standard of proof that you will need to meet in order to overcome and defeat the denial before a Judge.

The compensation rate is a term used in Florida Workers’ compensation to refer to the dollar amount of periodic benefits paid during periods in which the injured worker is on a “no work” status. These benefits can be either Temporary Total Disability (TTD), or Permanent Total Disability (PTD) benefits. They are calculated at 66 % of the Average Weekly Wage (AWW). Average weekly wage is calculated using a number of different methods. The most common method is to take an arithmetic average of the gross earnings during the 13 weeks prior to the accident. But in certain circumstances it is more equitable to look at the wage records of a similar employer or to look to an original contract of hire. When considering employees that work on a seasonal basis or in industries that have significant changes to the employee’s income based on time of year, an average of 52 weekly prior to the accident might be more appropriate. Additional methods exist for calculation of AWW and may be more appropriate under certain circumstances. An attorney with experience in Workers’ Compensation law can determine if all calculations have been made properly, as well as that the most appropriate method of calculations were applied. If it is determined that there has been an underpayment of benefits, in addition to payment of the past owed amount, interest and in some matters even addition monetary penalties may be owed to the injured worker.

he apology or any information or statements made by General Motors to either a U.S. Senate inquiry or to the general public in release of statements of information will be used against General Motors in any future litigation. Those statements, if they are against the interest of General Motors, are normally admissible in a courtroom. What does a plaintiff need to prove in a personal injury or wrongful death claim against GM if harmed while riding in a recalled vehicle? Well, GM knew about this problem from the documents that have been produced so far, since about 2004, but have failed to fix it until now. And that has obviously created an unreasonably dangerous condition for drivers or passengers in one of these recalled vehicles. If you want to bring a claim for a personal injury or a wrongful death against General Motors, you need to contact a lawyer as quickly as possible. The vehicle that was involved in the accident needs to be examined so that the determination can be made that the ignition switch was in fact the cause of the accident. So it’s very important to contact a lawyer as quickly as you can so that the vehicle may be preserved. So that the determination can be made as to what actually caused the accident.

A recall letter should be sent to each person who purchased that particular automobile and in the letter there will be a description of the defect or the problem, there will be a listing of the risks posted by the problem, including the types of injuries that it can cause, there will be a list of potential warning signs. It will tell you how the manufacturer plans to fix the problem, including when the repair will be available and how long it will take, and instructions on what you should do next. Normally, you will be instructed to call your local dealer to set up a repair appointment. If you don’t receive a letter, you can search through the National Highway Traffic Safety Administration’s site and the manufacturer’s still obligated to repair the defect. The site is updated usually before the actual letters go out, so if you look at the site it’ll tell you what steps to follow in order to get your vehicle repaired.

Recalls are issued in one of two ways: the National Highway Traffic Safety Administration, which is a government entity that’s in charge of keeping our highways safe, issues a recall based on its analysis of potential problems submitted by drivers. Or, secondly, the manufacturer of the vehicle will issue the recall themselves after becoming aware of the problem. Manufacturers are required to notify those people that own the vehicle that’s been recalled by a physical mailing, if they have your information. Otherwise, the National Highway Traffic Safety Administration posts online on their website a recall for any vehicles that have safety issues.

If a time period lapses, you can still contact the manufacturer or your local car dealership to see if they are willing to make the necessary repairs.

A car recall usually lasts for a set period of time, set by the manufacturer. It can be anywhere from six months or a year. They attempt to notify as many car owners as possible and try to repair as many of the defects as they can during some certain time period and it varies by manufacturer.

A car recall happens by a manufacturer deciding that they want to recall a particular model run of a vehicle because of a safety issue, and the manufacturer identifies who they have to notify usually using the DMV records of owners of the car or registration documents of owners of the car. Then the manufacturer explains to the consumers, usually in a letter that the consumer will receive about what the potential safety hazards are, how to get the problem corrected, when the remedy or correction will be made available, how long it will take to fix the vehicle, and who to contact if there is a problem

A recall is a request by a manufacturer to return to them an entire production run of a product, usually because of a safety issue or a product defect. This is normally done to limit the liability for corporate negligence and to avoid any bad publicity because of a malfunction or safety issue with their product.

Trying to determine who’s at fault in a pedestrian accident depends on the facts of the particular incident. As with most other personal injury claims, it is governed by the law of negligence to determine who caused the accident. Basically, every person is expected to exercise a reasonable level of care under a given set of circumstances. So, for example, drivers and pedestrians are expected to obey traffic laws and the rules of the road when using streets, or highways, or crosswalks. So, if Person A fails to act with reasonable care and ends up causing harm to Person B, the law considers Person A the negligent person, regardless of whether they were driving or they were walking. And so, if a pedestrian fails to exercise reasonable care in some way and it causes an accident, the pedestrian may be at fault as well. For example, if a pedestrian runs out between parked cars and into the path of an oncoming vehicle, and the driver of the vehicle cannot avoid hitting the pedestrian, the pedestrian will probably be considered at fault for the accident. Similarly, if the driver of the vehicle had sufficient time or enough time to take evasive measures and failed to do so, they may be responsible for the accident. And so, ultimately, determining the negligence or the fault really depends on the particular circumstances. Obviously, a driver has a legal duty to know the roadway around them and to take reasonable care to avoid a pedestrian, whether that’s a person walking, or a bicyclist and, particularly, there is a greater duty of care around young children, who tend not to be predictable around vehicles. When you’re looking at negligence of a pedestrian, you’re looking at a few common mistakes that either a driver or a pedestrian would make that may place them at fault for an accident. Common mistakes by pedestrians tend to be crossing a street on a Don’t Walk signal, walking or running into the flow of traffic, not using crosswalks, sprinting out in front of a car. And a driver is usually considered negligent, and pedestrian accidents occur when they’re preoccupied for some reason, whether it’s on a cell phone, or some other reason, and failing to pay attention, or they’re not observing the speed limit, or a driver fails to yield the right-of-way at a crosswalk, or a driver fails to use a turn signal, or they fail to stop at a light or a stop sign, or as, in many cases, where they are driving under the influence of drugs or alcohol.

Determining who is at fault in a crosswalk accident, you usually look toward a statute. Statutes in most states say that a pedestrian facing a green light can cross the street or the roadway, unless the green signal is a turn arrow, and they can do that as long as they remain within any marked crosswalk, or if there are no marked crosswalks, they are still allowed to cross a street or roadway as long as they are facing a green light. And all motor vehicles are required to yield the right-of-way to pedestrians that are lawfully within that intersection or crosswalk. If a light is yellow or red, a pedestrian is not supposed to enter a crosswalk or roadway unless, obviously, they have some other proper pedestrian crossing signal. If, for instance, you enter a crosswalk or roadway improperly, other vehicles/cars still have a responsibility to avoid hitting you, and so, there are statutes throughout the country that say, even when a pedestrian enters a crosswalk or tries to cross a street improperly, every driver should exercise due care to avoid colliding with them, and give some type of warning, if it’s possible, whether it’s beeping their horn or some other type of warning, if they have the ability to do that. Ultimately, a driver of a motor vehicle tends to be in a better position to avoid an accident, and so, the law still places some responsibility on a driver to be able to stop if they can, or to be aware of their surroundings, and to take precautionary measures, if possible.

Well, we’re doing them at crosswalks, so in these locations where we’ve been working with the police, it’s where we’ve had problems with driver yielding when pedestrians are behaving properly, so we’ve got more drivers getting tickets. We don’t have a jaywalking law in Florida, contrary to popular belief, and so as long as a pedestrian is not stepping out in front of a car in such a way that the driver can’t slow down and yield to the pedestrian, unless they’re crossing at a place that’s clearly unsafe, there’s not much opportunity to ticket because pedestrians can cross at intersections, whether they’re marked or unmarked. They can cross anywhere really along the roadway as long as they don’t cause the driver to have to stop suddenly and in an unsafe fashion. If there’s a crosswalk at an intersection, you should cross in the crosswalk. You can get ticketed for that, but it’s a fact that where people cross at locations where there’s not an intersection for 500 feet in each direction, they can legally cross.

That’s what we call high-visibility enforcement. Yes, because we had the media come out as well, or I should say they want to know any time we do this enforcement campaign, so it becomes news. Thankfully, the media has been very supportive, and they’ve put out public service announcements and put it on the news, which helps expand the coverage of our campaigns.