Why Wearing a Bicycle Helmet is Important

According to TV Station WTSP (WTSP is a CBS-affiliated television station in St. Petersburg, Florida – part of the Tampa/St. Petersburg television market):

• In 1997, 813 bicyclists were killed in crashes, Of these, 97 percent were not wearing helmets.
• Medical research shows that 85 percent of bicyclists’ head injuries can be prevented by a bicycle helmet.
• Of the 50 percent of bikers who regularly wear a bike helmet, 43 percent said they always wear a helmet and 7 percent said they wear a helmet more than half of the time.
• Universal use of helmets could prevent one death every day and one brain injury every four minutes.
• Half of all bike riders, do not wear a helmet regularly, which is the single most effective protection against brain injury.

According to a study by the Cochrane Injuries Group, in the USA, two-thirds of cyclists admitted to hospital have a head injury.

According to the Bicycle Helmet Safety Institute, forward speed is not the most important crash force, it’s the fall to the pavement. Even a low-speed fall on a bicycle path can scramble your brains.

The severest concern in a bicycle fall injury is suffering a brain injury. Brain trauma can cause serious and permanent damage and can cost millions of dollars in rehabilitation and long term care.

Current Law

Florida law requires that children under 16 years of age wear a proper and safe bicycle helmet while operating a bicycle on the roads and on bike trails. The law requires that the helmet:

• Be properly fitted on the passenger’s head by a strap
• Meet federal safety stands for bicycle helmets

A passenger is anyone operating the bike, or riding with the operator on the bike including a child who is riding in a trailer attached to the bike.

Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a verbal warning to a bicycle rider or passenger who rides without a helmet.

Bicycle Helmet Safety Tips

Some of the common safety tips bicycle safety organizations recommend are:

• Place the helmet directly over the forehead
• A good fit means level on your head, with the foam pads touching all around.
• The helmet should not move more than about an inch in any direction, and must not pull off no matter how hard you try.
• Follow the manufacturer’s instruction.
• Fasten the buckle
• Tighten the chin strap.
• Take care of the helmet when you’re not riding. Remember where you kept the helmet. Store it in a cool, dry place. Excessive heat can cause damage.
• Involve your children in the process of buying a helmet – design, style and color – so they’ll want to wear the helmet.
• Replace the helmet when it has been damaged or if it’s very old.
• Adults should set a proper example by wearing helmets too.
• Be sure to learn and follow all the other safety tips for riding bicycles such as requirements for riding at night, knowing and obeying traffic laws, etc. There are numerous biking organization in the Tampa Bay area that have guides and instructional courses. The best way to avoid the injuries from a bike accident is to avoid the accident.

How our law firm can help?

If anyone you know is has suffered because of an accident involving a bicycle let our law firm help you get the recovery you deserve. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: info@brookslawgroup.com.

Before 2010 injured people had to prove only that an out-of-place substance caused the accident. Injured people didn’t have to prove that the supermarket knew or should have known of the out-of-place substance. This standard of care was set in the case of Owens vs. Publix. Publix is a large Florida supermarket chain with stores in many southern states. Florida is the state with the most Publix stores. Many of these Publix stores are in the Tampa Bay area.

Because of the new law, in 2010 and subsequent years, injured people will have to prove that the supermarket knew or should have known about the substance that caused the fall and failed to clean it up. According to the article, retailers claim this makes proving cases fairer. Personal injury lawyers claim that since the supermarket is in the best position to investigate the accident, that the new law is decidedly not fair.

What to do if you Slip and Fall in a Supermarket

1. Protect yourself. Get up slowly. Address your injuries
2. Try to determine the reason for the fall. Possible reasons include:
• A wet or slippery surface. Liquids on polished floors can be especially hard to detect.
• Some object on the floor such as fallen merchandise or part of fallen merchandise may have caused the fall.
• Bad lighting could have been a factor.
• A failure to have warning signs.
• There could be something wrong with the floor. Bad tiles for example.
• Whatever the reason – try to determine if the problem that caused the fall was something that was present for a while. The longer the store should have known about the situation the stronger case you’ll have.
• If you have a cell phone with a camera try to take a picture.
3. Determine where the fall happened.
• Most accidents happen near the entrance because water is tracked in from the outside.
• Accidents also happen in the product aisles because of debris or leaks from the products.
4. See if anyone saw you fall. Ask them what they saw and get their contact information (name, phone number and address).
5. Speak to the manager of the supermarket.
• Keep in mind that the store manager will probably take a written statement.
• Before the manager sends someone to clean up the area – take a good look at the area to, again, remember or determine, why you fell.
• Get the names of the manager and of the person who cleans up the floor.
6. See a doctor as soon as possible. Doctors can always treat your condition better if you see them sooner. And, if you wait, you may have to explain why you waited. Your doctor will ask how the accident happened. So, your answer should be consistent with what you told the store manager. Any instructions from your doctor should be in writing so you have a record. See the doctor until you’re 100% better.
7. The elderly are the most likely to fall.
8. Common injuries in supermarket slip and falls are:
• Back injuries
• Broken bones and fractures.
• Head injuries
• Knee injuries including tears.
• Neck injuries
• Sprains – such as ankle or hand sprains.
9. Liability. The main keys in supermarket cases are showing that:
• There was an improper condition
• The supermarket was aware or should have been aware of the improper condition
• The supermarket failed to take proper action to correct the improper condition.
10. Damages. If you can prove the supermarket was responsible then you’re entitled to damages for the following:
• Medical bills – past and future. These bills includes doctor visits, hospitalization if needed, medications and medical equipment such as a cane or a wheelchair.
• Lost wages
• Any property damage such as a broken heel requiring new shoes.
• Pain and suffering.
• Emotional distress.

How our law firm can help?

If anyone you know is has suffered because of an accident in a supermarket let our law firm help you get the recovery you deserve. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: info@brookslawgroup.com.

Four people were killed as a result of the terrible bomb explosions at the Boston Marathon on April 15, 2013: Krystle Campbell, Sean A. Collier, Lu Lingz and Martin Richard. Our sympathies go to their families. Many others suffered severe injuries including loss of limbs. Our sympathies go to them and their families as well.

Intentional Wrongful Death Claims

The Boston Marathon killings appear to have been planned events. In Florida (including Tampa Bay), there are sometimes cases where the injuries are not an accident but are directly planned by someone. A common example would be an intentional murder case. Intentional killings are usually tried in two courts – criminal courts and civil courts.

Criminal Case Goes First

There are deadlines for bringing wrongful death and survival claims so you can’t wait too long to bring these civil claims. Still, when there is a companion criminal case the criminal case usually goes to trial first for a variety of reasons. Some of the reasons have to do with concerns of the government and the rights of the defendant. Other reasons can be for the benefit of the civil claimant.

• The defendant has a right to a speedy trial.
• The standard of proof in a criminal case is higher than in a civil case. In a criminal case the standard is “beyond a reasonable doubt.” In a civil case, the standard is “a preponderance of the evidence.” If a defendant is found guilty in a criminal case it’s a pretty clear indication he/she will be accountable in the civil claim – the wrongful death and survival claim. Often the civil attorney can directly use the finding of guilt in the criminal court to prove the civil claim.
• The government, through the police, investigative bureaus and the district attorney’s office usually investigates the case first. They often can investigate it better than the civil court because they have more resources and can compel cooperation.

The Civil Case

In addition to using the guilty verdict and the evidence obtained in the criminal case, civil claimants do have certain abilities to prove their case above and beyond those of the prosecution team. For example, civil claimants have the right to question the defendants in writing and through oral depositions.

The Damages

In addition to all of the standard claims that can be brought in a wrongful death and survival action, claimants in intentional wrongdoing cases, in Florida, can ask for punitive damages. Normal wrongful death and survival damages are designed to compensate the victims. Punitive damages are designed to punish the person who committed the intentional wrongful act. Punitive damages are paid to the victims.

Collection

One of the tough issues in intentional wrongful death cases is collecting once you have a judgment. Some of the targets for recovery are:

• State or local funds may have available funds if the defendant has no funds.
• The courts can require that the victim pay restitution for some or all of the damages as part of the criminal sentence.
• Any current assets of the wrongdoer
• Any future assets of the wrongdoer including possible wage garnishments.

In the Boston Marathon case a special fund is being established to help the victims and their families.

How our law firm can help?

If anyone you know is has suffered because of an accident (wrongful or intentional) let our law firm help you get the recovery you deserve. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: info@brookslawgroup.com.

While you can file claims or by telephone it’s best to go to your local Tampa, Florida Social Security office – and file your claim in person.

Why you Should Use a Lawyer for a Disability Claim

If you cannot work because of a medical condition and think you deserve social security disability benefits, don’t be intimidated by the application process.  The SSA approves just a little over one-fourth of initial applications. Of those who are denied, many are people who have pursued disability without getting legal advice first from a lawyer.  Sometimes, this is because the interviewer’s decision is wrong.  However, it is very often because the application is missing something or it fails to present everything needed to support a claim.

It is advisable to use a lawyer to process your application and to pursue your claim. An experienced lawyer or advocate can help to organize paperwork and medical records, prepare you or your witnesses for hearing, and will likely have a vast amount of previous experience dealing with SSA offices and judges in your area.

Key steps:

1. Determine if you are eligible:
   1. Your medical condition must prevent you from working for at least 1 year or be a medical condition that will result in death.
   2. For the differences between SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) See our previous blog
2. Fill out and submit application forms:
   1. Local offices. At the claimant’s local Social Security field office when the claimant is seeking disability benefits under the Social Security Act.
      1. For a full list of Florida Offices please click this link.
      2. Office locations in Tampa Bay and nearby are:
         1. 3415 E Frontage Rd Tampa, FL 33607-7009 Telephone: 1-800-772-1213
         2. 4010 Gunn Highway, Suite 100, Tampa, FL 33618, Telephone: 1-800-772-1213
         3. 2340 Drew Street, Clearwater, FL 33765, Telephone: 1-800-772-1213
         4. 33630 Adair Road, Dade City, FL 33525, Telephone: 1-800-772-1213
         5. 5520 Gatlin Avenue, Suite 101, Orlando, FL 32812-7775, Telephone: 1-866-964-6146
         6. 3700 Commercial Drive, Sebring, FL 33870, Telephone: 1-800-772-1213
         7. 1395 Havendale Blvd NW, Winter Haven, FL 33881, Telephone: 1-800-772-1213
   2. By telephone. See the information for local offices directly above.
   3. Online – from anywhere
   1. Apply online for benefits
   2. Social Security has a guide for doing just that.
   4. At a local office of the Department of Children and Families (DCF) when benefits are being sought under the Medically Needy program.
3. Submit all documentation that supports your application;
4. 1. Obtain your birth or baptismal certificate
   2. Military discharge papers, if applicable
   3. Your health records including care provider information, diagnosis, prognosis, treatment and medications. You’ll also need your laboratory results.
   4. Your employment records.
   5. Your tax records – federal returns and/or W-2s for the last year.
   6. Any prior claims for disability through any related insurance (disability insurance, worker’s compensation, etc.). You’ll need the claim number, date of disability, contact information and supporting records.
   7. Be prepared to sign a medical release form.
   8. Your banking account and routing numbers so moneys can be deposited if your claim is approved.
5. Attend a disability application interview.
6. Initial decision. When your application is complete, the SSA will forward your file to a state Disability Determination Services (DDS) office.  A DDS examiner and medical review board will review your application and make the initial decision about whether or not you are disabled.
7. If your claim is denied you can:
8. 1. Ask for a reconsideration before an SSA representative
   2. If you lose the reconsideration ask for a hearing before an Administrative Law Judge
   3. If you lose the hearing bring an appeal before the Social Security Appeals Council
   4. If you lose the appeal file a lawsuit in Federal District Court

What Not to Do When Applying for Social Security Disability Claims

For advice on key factors you should consider when brining your claim please See our blog on the Don’ts of Social Security Disability claims.

How our law firm can help?

If anyone you know is needs to file for social security disability or has had their social security claim denied let our law firm help you get the recovery you deserve. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: info@brookslawgroup.com.

People in Collier County have a life expectancy of 80 years. People in the northern counties of Baker and Union have life expectancies of 68 years. The state average is 75.9 years. The four main reasons for the disparities are education and income; weight and tobacco use; insurance coverage and quality of health care.

Tampa has good quality of care. Tampa and its surrounding suburbs are host to over 20 hospitals and four trauma centers. It is also home to many health research institutions. The major hospitals in Tampa include Tampa General Hospital, St. Joseph’s Children’s & Women’s Hospital, James A. Haley Veterans Hospital, H. Lee Moffitt Cancer Center & Research Institute and The Pepin Heart Institute. Shriners Hospitals for Children is based in Tampa.

Why life expectancy is relevant to wrongful death claims

Life expectancy is used in wrongful death claims to help determine the loss of the prospective net accumulations of an estate. Life expectancy is used in the survival claim to help determine the amount of support and services the decedent would have provided the survivors and the amount of loss of companionship of the spouse and minor children.

Factors

There are a variety of factors that are used to determine how long somebody would have lived if they hadn’t died in an accident. In simple terms, life expectancy is how many years you can be expected to live given all relevant factors. Some of these factors are.

1. Age at the time of death.
2. Sex. Male or female
3. Race and Ethnicity
4. Education. More educated people tend to take better care of themselves by seeing their doctors, eating more nutritious foods and getting the exercise they need.
5. Income. Money does help provide for necessities, for comfort and to minimize stress. It helps pay for medical care, better foods and better ways to exercise.
6. Access to care. Some communities have better doctors, emergency care and hospitals than others.
7. Family History. Genetics and how well your parents took care of themselves help determine life expectancy.
8. Personal History. How much you exercise, for example.
9. Negative Risk Factors
   1. Alcohol or substance abuse
   2. A prior disability
   3. Being a cigarette smoker or living with a cigarette smoker.
   4. Being overweight

Experts

Trained professionals are used to determine life expectancy. Most of these professionals are:

1. Statisticians or
2. Accountants or
3. Valuation Experts

Guides

Statisticians, accountants and valuation experts use a variety of guides to help determine life expectancy. These guides usually examine the life and death statistics by population size.

Some of the guides used are:

1. Life Insurance tables
2. Actuary tables
3. Mortality tables – especially if claimant had any diseases
4. Statistical guides from the Centers for Disease Control
5. Statistical guides from the Florida Department of Health

How our law firm can help?

If anyone you know is a victim of a wrongful death or thinks their pain might be someone else’s fault, let our law firm help you get the recovery you deserve. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: info@brookslawgroup.com.

ATV Laws

Florida defines an ATV as “any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger.”

Minors younger than 16 who ride an ATV are required to have a safety helmet, eye protection and over-the-ankle boots. Minors younger than 16 must also be supervised by an adult and must have in their possession proof that they passed an approved OHV (Off-Highway Vehicle) safety course.

ATV Drivers Must…

• Not be under the influence of alcohol, controlled substances or drugs/medications that impair vision or physical motor condition
• Not carry a passenger unless the ATV is designed for an operator and a passenger.
• If operating the ATV between sunset and sunrise or if visibility is reduced, must display a lighted headlamp and taillamp unless the use of such lights is prohibited by other laws, such as a prohibition on the use of lights when hunting at night.

If a crash results in the death of any person or in the injury of any person – which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to Florida Statutes. Section. 316.066. A Certificate of Title is required. ATVs also require a license

ATV Safety Guidelines

According to the Florida Off-Highway Vehicle Safety and Recreation safety includes:

• Always ride within your abilities.
• Dress to spill- wear appropriate protective gear.
• Travel in a group of two or more riders.
• One rider per machine (unless the machine is designed for two).
• Riders under 16 years old should always be supervised by an adult.
• Do not ride a machine that is too big for you.
• Always provide someone with a ride plan. This should include where and when you are riding, as well as a return time and date.
• Be in shape to take all the punishments a trail will offer. Be prepared to walk out in case of breakdown.
• Prepare for the unexpected- your emergency kit should include the items in the Trip Planning Checklist.
• Check the weather forecast before leaving.
• Do not drink alcohol and ride.
• Obey all traffic and information signs.

Where to Ride Near Tampa

ATVs are not permitted to be operated on the public roads, streets or highways. The State of Florida does provide trails for riding ATVs. Some of the trails near Tampa are:

• Big Cypress National Preserve (Ochopee, FL)
• Croom Motorcycle Area (Brooksville, FL),
• Quick Track Motorcross (Lakeland, FL)
• Sunshine Motorcross (St. Petersburg, FL)

In case of an accident

Follow rules for car accidents:

1. Check to see if everyone is okay
2. Call police and/or 911
3. Obtain the names, address, other contact information, insurance information, vehicle license plate numbers, vehicle identification numbers (VIN), company name(s) and driver’s license numbers of everyone involved
4. Get names, address and telephone numbers of any witnesses.
5. Photograph the scene before vehicles have moved.
6. See a doctor right away. Be sure anyone on your bike also sees a physician.
7. Don’t apologize. Don’t admit fault.
8. Preserve as much evidence as you can.
9. While everything is still fresh in your mind, write down everything you can remember about the crash, including what you were doing, where you were going, the people you were with, the time, the weather conditions, and anything else that comes to mind.
10. Consult with an attorney.
11. Do not talk to anyone except your doctor or attorney about the accident or your injuries.
12. Do not sign anything unless you completely understand what you’re signing and it has been explained to you and explained to you by your attorney.
13. Do not accept any settlement offer without first consulting with an attorney.

Special considerations for ATV accidents. Many of these accidents involve minors.

1. Insurance – Insurance issues for ATV accidents are discussed in another blog
2. Try to determine the cause of accident
   1. Rollover
   2. Some obstacle
   3. Rough terrain
   4. Types of vehicles involved.
   5. If minors or adults were involved.
      1. Determine if the rider (s)
         1. Were wearing a helmet
         2. Had eye protection
         3. Over the ankle boots
   6. If a minor (someone under the age of minority – 18) was involved determine who the supervising adult or parent is and notify them.
   7. If a minor under 16 was involved determine if they had proof of having taken an approved safety course.
   8. Determine if the ATV had a passenger.

How our law firm can help?

If anyone you know is a victim of an ATV accident or thinks their pain might be someone else’s fault, let our law firm help you get the recovery you deserve. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: info@brookslawgroup.com.