If you have been involved in a car crash, the force of the crash can cause a blow to your head or body that can result in your brain pushing up against the interior lining of the skull. This activity sometimes causes bruising, torn tissues, bleeding and other physical damage to the brain. Recognizing a possible brain injury from a car crash is critical not only for your treating medical providers to properly diagnose and treat you, but also for your lawyer to recognize and understand how this type of injury could affect your case. The terms mild, moderate or severe are used to describe the degrees of damage to the brain from a trauma such as a car crash. Many times, this type of injury, especially if mild, will get overlooked as everyone concentrates on treating obvious neck and back injuries. This blog will explore the signs of both mild traumatic brain injury after a car crash as well as moderate to severe traumatic brain injuries. As we discuss these signs, no mater how severe, always see your doctor if you have suffered any type of blow to the head. As it relates to both types of brain injury, loss of consciousness at the scene is the most significant event that should alert everyone that a possible brain injury may have occurred. Mild Brain Injury In regard to those brain injuries that would be medically classified as Mild, some signs would include headaches that may worsen over time, repeated nausea or vomiting, convulsions or seizures, clear fluids draining from the ears or nose, dilation of the pupils of one or both eyes, fatigue, speech problems or dizziness. In addition to physical symptoms there could be sensory problems such as a bad taste in the mouth, change in smell, blurred vision or ringing in the ears. Cognitive and behavioral symptoms such as memory or concentration problems, mood swings, depression, sleep issues or anxiousness can develop in these mild traumatic brain injury cases as well. Moderate to Severe Brain Injury Moderate to severe brain injuries are manifested by many of the same symptoms as above, but just more severe, such as loss of consciousness for an extended period, persistent headaches that worsen, repeated vomiting or nausea, inability to awaken from sleep, loss of coordination and weakness or numbness in fingers and toes. Cognitive symptoms from a moderate to severe traumatic brain injury could include profound confusion, slurred speech, unusual/combative behavior and a general state of being agitated. There are many new innovative treatments available for brain injury victims and being properly diagnosed is the first step. Thereafter, an experienced personal injury lawyer will need to fully understand the extent of the injury along with all possible future medical care that would be necessary. Even with treatment, many of these injuries leave the injured party with some level of permanent injury. It is for those unlucky few that having the right lawyer is the most critical. They will need monetary compensation now for future care, pain and suffering and possible loss of ability to earn income in the future. If you have questions about how to properly investigate, document and present your brain injury claim to an insurance company in the most effective way possible, call Robert Gluck now for a free consultation at 877-Gluck-Law or on his cell phone 24 hours a day at 954-895-7455. You can also call the office for a free in person consultation any time at 954-583-8999.
Social media and personal injury claims: here is what to consider. Don’t let a seemingly innocent social media post undercut the value of your personal injury case. In our latest blog, Florida personal injury attorney Robert Gluck examines the important topic of social media, and how it can impact a future or ongoing personal injury case. While it might be second nature these days to share current events in your life on social media, it can severely impact the results of your personal injury case. It is in your best interest to withhold from posting on social media if you have suffered an injury in an accident, or have filed a personal injury claim. The defense can hire a private investigator to not only search your social profiles, but also the profiles of your family, friends and even witnesses. They will challenge the credibility of your claims, and meticulously look for any discrepancies with what you claim in your case and what you share on your social platforms. The defense may request an order from the court to use photos and videos acquired from social media as evidence. This may lead to the judge finding that the conduct of the plaintiff contradicts the allegations of the claim. Case Study In 2014 a personal injury case was filed that made headlines. David Hall and Glenn Taylor of Utah made national news when the duo recorded themselves toppling over an ancient rock formation in Goblin Valley State Park. Not only were they both stripped of scout troop leader status, but they each faced a third-degree felony criminal mischief charge. They fittingly were dubbed the “Gobblin Toppers”. But it doesn’t end there. A month before the two filmed and posted to YouTube a video of them pushing over this famed rock formation, Glenn Taylor had filed a personal injury lawsuit claiming that he suffered ‘debilitating’ physical injuries as the result of a car accident he was involved in years prior. The defense then used this video to argue that Taylor was not “debilitated” because he was able to hike the dirt trails at the park and physically push over the formation, followed by laughing and jumping up and down. The defense lawyer filed a ‘motion to dismiss’, and the case was later dismissed. According to the U.S. Chamber Institute for Legal Reform, it was deemed to be the most ridiculous lawsuit of 2014. Both men pleaded guilty to criminal charges. Tips for Using Social Media Florida injury lawyers should advise their clients to disable their social media accounts for the time being. If you are not comfortable disabling your accounts, there are certain steps you can take to reduce the chance of jeopardizing your personal injury claim. Follow these tips to ensure you don't post anything that may harm your case. Don’t share any photos or information of your accident on social media Refrain from discussing how you feel or what medical treatments you are involved in that could be case related. Only accept friend requests from people you know in real life Avoid ‘checking in’ to locations that can show your activity and involvement in physical activities. Remove yourself from Facebook search results Make sure your privacy settings are as ‘private’ as possible. At the same time understand that in the social world, nothing is ever really private Set your tagged photos to be viewed by “Only Me” Avoid posting while your case is active If you think you might have a case that we can help you win, please call me today for a FREE consultation: 954-583-8999 in Broward, 239-403-3728 in Naples and 877-GluckLaw from anywhere in Florida.
Motorcycle Helmet Laws in Florida | How Can They Impact Your Personal Injury Case? Motorcycle Helmet Laws in Florida fall in the middle of the spectrum, as compared to other states. Some require Helmets and Eye Protection with no exemptions and others require no helmets or eye protection. Florida has come out somewhat in the middle. Under Florida Law, there are three things you need to know: First, helmets and eye protection are required for any motorcycle occupant under 21. Second, all other motorcyclists (over 21) and motorcycle passengers are required to wear helmets UNLESS they are exempt from doing so. To be exempt, you must have proof of insurance coverage for $10,000.00 to cover medical expenses in the event that a crash causes injury. Third, all riders must wear eye protection even if they are exempt from the helmet requirements. Florida has decided that for young adults, the state must step in and protect them from themselves. They basically allow you until the age of 21 to get into the habit of wearing helmets whenever on a motorcycle and once you are 21 you are on your own as far as the State of Florida is concerned. At the Law Offices of Robert E. Gluck, P.A., we have been involved in motorcycle crash cases in some form or another since the early 1990’s. I have seen significant traumatic brain injury cases that could have been avoided if the injured party was wearing a helmet. With the type of catastrophic injuries that can occur more commonly in a motorcycle related crash, many times there is not enough insurance coverage to compensate the injured party for medical expenses, wage loss and the pain and suffering they will go through with such an injury. An additional factor in many motorcycle crash cases is that Florida is a comparative fault state. That means that if you sue the driver who caused your crash and subsequent brain injury, the other side can hire a doctor to examine you who might say that if you were wearing a helmet, you would not have suffered such a severe brain injury. This doctrine of comparative fault in this situation could reduce any potential recovery by 50% to 90% of what the value of a brain injury case would otherwise be in Florida. If you have been involved in a motorcycle related crash, before you call an insurance company, call us. The team at the Law Offices of Robert E. Gluck, P.A. is ready to get working on your case. I will personally take your calls 24 hours a day and get to the scene of the crash before the insurance company does. Just call me on my cell any time at 954-895-7455.
Florida Nursing Home Safety When a family is faced with the difficult decision of placing one or both of their aging parents in a long-term care facility or a nursing home, there are many factors that come into play. A common reason for putting your parents into a nursing home is that your parent(s) need around the clock supervision, medical care and a team of skilled nurses that can come to your parent’s aid at any moment. Another reason for placing an aging family member in a long-term care facility is when they are unable to properly take care of themselves and become fully dependent on others to eat, maintain hygiene, move etc. Sometimes looking after elderly parents in your own home becomes too stressful and time consuming, and for their own mental health, they decide the best thing is to move their family member to a nursing home. When the final decision has been made to move your parent into a nursing home facility because professional care is required, there are certain steps you can take to ensure you have chosen the right facility to care for your loved ones. Some of the most important things to consider before placing your parent into a nursing home are: Nursing Home and Administrative Staff One of the first questions you might want to ask when researching nursing homes is, “what is the staff to resident ratio?” You can come prepared for the answer by researching before you visit potential facilities. A great resource for staffing data listed state-by-state is from the website of the nonprofit Long Term Care Community Coalition. Annually, the Centers for Medicare and Medicaid Services conducts inspections on all nursing and long-term care facilities. Survey data, reports and ratings are all available to the public, and should also be posted at the facility. You should look for low deficiencies, and be on the lookout for deficiencies within the categories of mistreatment, actual harm or immediate jeopardy. These are clear red flags that this facility is not a safe place for your loved ones. On top of these points to consider, you may want to request background checks for staff as well as ask for staff turn-around numbers. Fall Safety and Prevention Measures According to the CDC, falls are the leading cause of injury to the elderly. While it is nearly impossible to avoid all falls at nursing homes, there are some measures that the facility can put in place to encourage safer practices amongst staff and residents. Creating unique and individualized care plans for each resident is a great tool for reducing traumatic injuries due to falls. Well trained staff that can pin-point hazards and risks to each patient and make appropriate changes in a timely manner can help drastically reduce the risk of minor and major injuries due to falls. Some other tools to reduce fall risks are promoting physical activity to increase strength and mobility, clearing any hazards from the floor, placing non-slip mats and carpets, and using the correct medical aids such as walkers and canes when moving around. Security Measures in Nursing Homes It’s great if the facility you are considering placing your parent in has a high standard of security measures. There should be cameras in all entrances and exits, as well as protocols for visitors and check-in policies. The use of security cameras not only helps keep residents safe from intruders, it also helps keep those residents with cognitive issues like Alzheimer's from wandering off premises. You can also consider placing cameras inside your parent’s unit in order to monitor their care and prevent nursing home abuse. In addition to cameras, you should also ask about their emergency preparedness and protocols in the event of any local or natural disaster. On top of this, ask about fire safety and evacuation plans. Medication Error Prevention The improper administration of medicine can be a potentially fatal error made by nursing home staff. It’s important to ask what the standard system for administering both pharmaceutical and over-the-counter medicine is. Typically, nursing homes have a well-planned system in place where medications are measured and separated in advance, and placed in sealed plastic bags. Each dose is cross-referenced and double checked. With the ever changing technologies, it has become easier than ever for nursing homes to keep digital records and reports of medications, allergies and adverse effects. Infection Control Due to the living conditions of multi-person nursing homes, most residents are in close contact with each other, therefore the spread of infectious diseases can pose a very real and dangerous risk. We all learned this during the Covid-19 pandemic, which is still affecting our elderly populations. One of the more common illnesses found inside nursing homes is influenza, which could easily progress into pneumonia. Besides staff and residents being vaccinated, it is important to keep up with good hygiene practices like regular washing of hands, keeping common areas clean and sanitized, and wearing masks when necessary. Unfortunately, antibiotic resistant infections continue to be a major problem at these types of facilities. Common ways residents get infections are from contact with others, bed sores, catheters etc. It’s very important the staff and administrators take the risks of infections very seriously! Balancing Safety, Independence and Comfort According to Carol Bradley Bursack, Author, speaker, columnist and eldercare consultant, “Trying to maintain a home-like atmosphere for vulnerable elders while keeping them safe is not an easy task. Yet, the public has increased their expectations of modern nursing homes, forcing them to examine their approaches to common problems and concerns. Many skilled nursing facilities have fostered a culture of safety among their employees and found ways of using technology and person-centered care to improve the quality of care and quality of life for their residents. Perfection may never be reached in these settings, but the happiness and security of elders in nursing homes is becoming a requirement instead of an added benefit. To me, that's great news.” Read the Full Story here If you suspect your loved one has been the victim of nursing home abuse or wrongful death, contact Robert today at 954.583.8999 for a free case consultation.
Florida Motorcycle Safety Tips Many motorcycle riders relish in the mental and physical thrills of riding. There are so many exciting factors of riding a motorcycle, including feelings of liberation and freedom. Motorcycles are also more environmentally friendly, as they consume less gas than a car or truck, which is also appealing to many younger drivers. All these things make riding motorcycles a very popular sport. Unfortunately though, motorcycle riders have a higher chance of experiencing traumatic injury and even death if they are involved in a Florida motorcycle accident. When choosing to get around on our roadways on a motorcycle, you essentially forfeit the physical protection that a car provides. Also, motorcycles have two wheels which are much more unstable then 4 wheels in the event you need to make a sudden move or turn. In order to greatly reduce the risk that comes along with driving a motorcycle, it’s critical that riders get the proper training and take their safety very seriously. We have compiled a list of 6 tips that, if followed, can drastically decrease your chances of being involved in a Florida motorcycle accident and experiencing life threatening injuries. Maintain Your Bike Knowing your bike and how to maintain it is the first step in bike safety. If you are new to riding, or recently purchased a new bike, it's important to get to know your motorcycle in a controlled environment. Before every ride, it is critical to do a quick check of your bike. This includes checking tires (pressure and depth), make sure your turn signals are functioning, check your brakes and brake lights, and check the overall condition of your motorcycle. This will help ensure a safe ride. Wear the Correct Riding Gear You may have heard the popular acronym, “ATGATT”. It stands for “All The Gear All The Time”. What you choose to wear when riding a motorcycle could mean the difference between minor injuries and traumatic injuries if you were involved in a motorcycle accident. While motorcycle safety gear is an option, it should be considered mandatory. Important protective riding gear are helmets, motorcycle jackets, goggles, gloves, boots, riding pants or riding suits. Ride with Caution It is extremely important to never assume that you are visible to all the cars on the road. In fact, a motorcycle is notorious for being difficult for automobile drivers to see. It is very easy to slip into cars and truck's blind spots, and this can lead to disastrous results to the ill prepared motorcycle driver. Always assume drivers can not see you. Maintain a safe distance between you and the other motor vehicles on the road, and most importantly, drive defensively. Maintain a Safe Speed Don’t forget to keep within your lane and maintain the suggested speed limit. Be sure to follow all lane markings and signs. Avoid reckless speeding and cutting other vehicles off. Get Training There are many options when it comes to motorcycle education. A number of schools offer both street and track courses. You can select from group or private classes. Motorcycle training courses can prepare riders for driving on the road, and will also teach riders basic and advanced techniques to help you ride with more confidence. Check the Weather Changes in the weather while riding could lead to disastrous results. Rain or snow can lead to slippery conditions, which makes riding a motorcycle extra dangerous. Always check weather conditions before heading out for a ride. Having the right Motorcycle Accident Attorney who understands these issues is critical. Your experienced Motorcycle Accident Attorney can coordinate a thorough investigative effort to ensure the proper outcome for your case. If you need immediate assistance from a lawyer that you can reach 24 hours a day, 7 days a week, call the Law Office of Robert E Gluck, P.A. right now at (877) Gluck-Law.
If you are involved in a car crash in Florida, you are required to take certain action to avoid being in violation of the law. Additional action, although not required, will improve the viability of any potential personal injury claim in the event you or a passenger are injured. This blog will discuss the five most important steps to take after a car accident. Step 1: Check for Anyone Injured and Call 911 This seems like an obvious step, but under Florida law, if you fail to check for anyone injured you can be charged with a criminal offense. You have an affirmative duty to call 911 and render aid to those injured by a car crash you are involved in. That does not mean that you have to provide medical care that you have no experience providing, but at a minimum, you would be required to stay at the scene and assist those injured until the police or fire rescue personnel arrive. As a side note, you are also required to exchange driver information with all parties involved, upon request. Your failure to remain at the scene, render aid or exchange information with the other party may be considered a violation of law and subject you to a criminal prosecution. Step 2: Take Photos Take photographs of the other driver’s identification card, tag, property damage to all vehicles involved (or a video walking around each vehicle), logos or other commercial markings on the vehicle, the location/intersection of the crash, and tire marks or debris on the roadway. All of these things may become important down the road and could greatly assist your lawyer in presenting your personal injury claim. Defendants and insurance companies sometimes drag their feet when requests are made for photographs taken at the scene. If you have your own, that would make the investigation of the crash much easier for your lawyer. Sometimes, the best piece of evidence in a jury trial is a blow up of the photographs taken at the scene of their crash. Remember, law enforcement usually does not take photographs of the vehicles or the scene of a crash, and if you don’t, chances are nobody will. Step 3: Get Information Obtain the names, addresses, phone numbers and emails from any witnesses. Sometimes, even though fault for a crash seems obvious, it is helpful to have the contact information for witnesses. Those witnesses may or may not be on the police report and without obtaining their contact information for yourself, you may never be able to find them again. An independent witness can confirm fault, the serious nature of the impact and their observations of any injuries to the parties involved. Don’t assume the police officer will accurately take down the witness information. Step 4: Do Not Discuss the Details Do Not Discuss the Details of the accident with the other driver or accept blame for the accident. Even if you believe the crash is your fault, Florida is a comparative fault state and that means each person’s fault is determined as a percentage of the total fault for the accident. Sometimes, it is 50% one driver’s fault and 50% the other driver’s fault. Even if it is partially your fault, you can still recover money damages from the other party when both parties are partially at fault for a car crash. Let your lawyer evaluate the facts, review the police report with you, review the photographs of the scene, the vehicle damage and any other evidence available, and then, you and your lawyer can make an informed decision as to the next step to take. By discussing the details with the other driver, you may not realize that you are making admissions that hurt your case or concede fault when the other driver may have also been partially responsible. Any statement made to the other driver is considered an “admission” under Florida law and can be admitted as proof of your guilt in front of a jury. I recommend you discuss the facts with no one before talking with your lawyer. Step 5: Seek Medical Attention Right Away if Injured If you are injured, failure to seek medical attention right away not only increases your chances of aggravating your condition, but can hurt your case significantly as well. A jury will always want to know how soon after a crash did the injured party present themselves for medical treatment. The longer the delay, the more difficult it will be to prove the injury was caused by the car crash. Additionally, under Florida law, an injured party must attend a medical examination within 14 days of the crash. Failure to do so could result in the loss of $10,000.00 of personal injury protection benefits that would otherwise be available to cover medical expenses and wage loss. Your failure to seek medical attention right away will also make it very difficult for your lawyer to prove to an insurance adjuster or a jury that you were actually injured in the crash. By following these five steps following a car accident, you can ensure that you not only do what's legally required of you, but you can also rest assured that you have collected the evidence and information you need, should a claim be brought by or against you. In the unfortunate circumstance where you find yourself involved in a Florida car accident, you might be wondering whether or not you should contact a Florida car accident attorney. The short answer is YES, call an attorney right away. At the very least, get a free case review. The right experienced Florida personal injury lawyer can help you get what you rightfully deserve from the insurance companies, and if the crash was your fault, having a lawyer you can trust will help protect your rights. Contact the Law Offices of Robert Gluck at (877) Gluck-Law if you have been involved in a Florida car accident to find out how they can help you get the justice you deserve.
Are Covid-19 Vaccine Passports Legal? Covid-19 Vaccine Passports, or a digital health pass, are seen as a reasonable method of assuring each other that we will be safe in social settings such as indoor dining, sporting events, theaters, etc. Some states embrace them and others, like Florida, have passed laws to prevent them. Let’s explore the legal issues involved. First of all, the federal government cannot control the individual states in regard to passports, unless it can make a reasonable argument that passports are necessary to prevent the transmission of Covid-19 from one state to another. This is very unlikely. Additionally, this action would have to be taken by Congress in Washington and that is even more unlikely. Individual states can act in this regard. For example, in Florida, not only did Governor Ron DeSantis issue an executive order banning the use of passports but he also signed into law landmark legislation passed by the Florida Senate and House of Representatives banning vaccine passports within the State of Florida in an attempt to stem what the governor described as “Government Overreach”. As it has played out in Florida, the governor’s desire to allow people to maintain their personal choice regarding vaccinations and to prevent any business or government entity from denying someone services based on their decision has created a major conflict with Florida’s largest industry, the cruise ship industry. Shortly after this legislation was signed into law, the cruise ship industry announced that most of their ships will require vaccine passports of some type for all crew and guests on cruises, including those in the several ports within Florida that service the cruise ship industry. It remains to be seen how the State of Florida will handle this situation. If this new law chases away the state’s largest industry, the legislators who voted for it will have some questions to answer when they face their constituents in the polling booth at the next election. Some states have attempted to execute voluntary policies without legislation. Individual companies seem to be allowed to demand proof of Covid-19 vaccinations from their employees or customers. The Equal Employment Opportunity Commission stated that they will not punish any employers for doing so. In fact, if a company fails to require proof of vaccination, they may expose themselves to legal and ethical problems if an unsafe work environment results in needless contamination. An interesting question will arise if people begin to claim religious or medical reasons for not wanting to receive vaccinations. If denied continued employment for this reason, can an employee sue their employer? In certain states, probably. As a final thought, since we have no national registry, proving someone has been vaccinated is a vague and unclear process. Most folks who receive a shot are handed a simple piece of paper with the date and type of vaccine given and even a lot number. These documents are easily copied and without a national database, it is difficult to see how private companies or state governments can effectively verify the necessary information. In my opinion, these vaccine passports don’t infringe on one’s freedom because they are not required for exercising your rights as a citizen, such as voting or accessing government buildings, etc. Requiring them to ensure a safe workplace or safe sporting venues or sea and airports seems to be reasonable and a government mandate precluding private companies from enforcing them seems to be overreaching. In conclusion, the law either banning these passports or policies to enforce them either statewide or business by business, is evolving. No national standard can solve this mess of patchwork policies state by state because we are a country where the power is primarily in the states to address public policy issues such as this, not the federal government.
Florida Slip and Fall Settlements Slip and Fall settlements in Florida are usually determined through a series of negotiations between the injured party’s lawyer and the insurance adjuster for the insurance company that provides general liability coverage for the property (location) where the trip and fall or slip and fall occurred. The goal of these negotiations is to come up with a fair and reasonable settlement, if possible. The next step, if the parties cannot reach an agreement, would be to file a lawsuit and have a jury trial where six members of the community would decide who is responsible for the injury and what the value of the claim is. Whether the case settles prior to a lawsuit being filed or ends up in a full jury trial, the analysis to determine the settlement value of any slip and fall case requires that there be an evaluation of the two main parts of these types of cases: liability and damages. Florida Slip and Fall Liability First, liability is the part of the case where you have to prove that the injury was due to the negligence of the property owner. Usually this is based on a dangerous condition on the property that was either created by the property owner, or their employees, or was a condition that had remained on their property for a long enough period of time that a reasonably prudent property owner would have discovered it and remedied the condition prior to your fall / injury. As part of this liability analysis in Florida, if the property owner can show that you were not paying attention to where you were walking, or that you did something else to contribute to your fall, the value of your claim goes down significantly. If it was half your fault for not paying attention to where you were going and half the property owner’s fault for having a dangerous condition remain on their property too long, you would only recover half of what you would otherwise be entitled to. Proving liability at 100% or at least 90% on the property owner is critical to a good settlement in these types of cases. The more experienced your lawyer is in handling these cases, the more likely you will be able to prove most of the fault on the property owner. Florida Slip and Fall Damages The second part of the analysis to determine the value of a Slip and Fall settlement in Florida is known as “damages”. This is where you have to show, as a result of the fault on the property owner, what harm was done to you. Types of Florida Slip and Fall Damages The main types of damages you are entitled to recover for in a Florida Slip and Fall case would be: Past lost wages, medical bills and other out of pocket expenses already incurred: This number would be based on the actual bills already incurred in the past for medical treatment, medication, transportation, and actual time missed from work due to your injuries. Future lost wages and medical bills: This is based on an opinion of a medical provider usually. That provider would have to state within a reasonable degree of medical probability that you will likely be in need of additional and/or ongoing medical care or suffer future wage loss as a result of restrictions caused by your injuries. Past and future pain and suffering, loss of enjoyment of life and other “non-economic” damages: These claims are difficult to value and are different in every case. The amount of pain and suffering one experiences has a direct correlation to the severity of the injury and the opinion of a doctor as to future impairment. The more serious and permanent the injuries are, the more value the pain and suffering claim has. Other factors would include the extent of the treatment to date. Was a surgery required? Are there any permanent scars or disfigurement? How do the injuries affect your ability to perform your normal activities of daily living? These are examples of some of the factors involved. There are a lot of factors that go into determining the liability and damages of any particular slip and fall or trip and fall case. It is critical to have an experienced attorney to help you determine the fair value of your case. I have been settling and filing suit against property owners for these types of premises liability claims since the early 1990’s and would be happy to evaluate your case. Just contact my office at firstname.lastname@example.org or visit our website for more information at www.robertgluck.com.
Slip and Fall Accident in Florida "Slip and fall" and ‘trip and fall’ are terms used to describe a type of personal injury case. These cases fall under the broader category of premises liability claims. According to the Centers for Disease Control and Prevention (CDC), Over 800,000 patients a year are hospitalized as a result of a fall injury, most often a head injury or hip fracture, and falls are the most common cause of traumatic brain injuries (TBI). Furthermore, One out of five falls causes a serious injury such as broken bones or a head, neck or back injury. If your slip and fall occurred on someone else’s property, the owner, the tenant, a management company or some other party responsible for maintaining the property where your fall occurred, or a party in control of the property where your fall occurred, may be required to pay you money damages for your injuries. A lawyer can help you decide if you can sue for your slip and fall and if so, who the responsible parties might be. Can you sue for a slip and fall accident? You can sue for a slip and fall accident in Florida. You certainly would want to try to settle the case first because a lawsuit takes years to finish. Most of my clients settle their slip and fall cases with the insurance company for the property owner. With my help, they are usually able to recover a fair settlement without filing a lawsuit. If you do decide to file suit, you or your lawyer would file a complaint for damages in the courthouse, or now online, in the county where the incident occurred. There are some instances where you would be filing suit in other locations or even in Federal Court, but for the most part, if you get hurt locally, you would be suing in the county where the incident occurred. If you do file suit, there are certain procedural requirements you must follow to avoid your lawsuit being thrown out by the judge. Filing a slip and fall accident lawsuit First, if more than four years has passed, Florida’s statute of limitations would bar you from filing suit against the property owner. You must remember that a lawsuit must be filed within four years, even if medical treatment is ongoing and the parties are continuing to negotiate towards a potential settlement. Once four years passes, the defendant will no longer offer you a penny to settle your slip and fall case. The biggest and most common mistake many lawyers make in these situations is waiting too long and not settling or filing suit within the four-year statute of limitations. Assuming you are within the four-year time period required by law, you must file a complaint that states a cause of action. A cause of action is a fancy way to say it has to be a claim that is recognized under Florida law. For a slip and fall case, this would fall under the general category of a negligence claim and in order for you to be able to continue with your lawsuit you must allege in your complaint the correct elements. Those elements would be first that the Defendant you are suing (usually the property owner) had a duty to do something to protect you. If you were invited onto a property, the landlord would generally owe you a duty to maintain the property in a reasonably safe condition, to remedy any conditions that become known to the property owner and to warn you of the dangerous condition. After alleging that the property owner owed you a duty of reasonable care, you must next allege in your lawsuit that a result of their actions (or inactions), the landlord or property owner breached their duty of reasonable care by failing to maintain the property in a reasonably safe condition or failed to remedy a condition they knew about or should have known about had they been acting as a reasonable and prudent property owner would under similar circumstances. Then, you must allege in your lawsuit that as a result of the property owners breach of their duty of reasonable care, that you suffered some form of injury. The damages you claim in your lawsuit could be for past out of pocket expenses, past medical bills, past lost wages, future medical bills, future wage loss and other economic damages. Additional damages you can claim in your lawsuit would be for non-economic damages in the past and future – such as your pain and suffering and loss of ability to enjoy life due to your injuries. In conclusion, if you allege in your lawsuit each of the elements mentioned above, you will be allowed to go forward. The case could either settle at some point or end up in a full jury trial. Either way, the first step would be to get your lawsuit filed properly. I can help filing suit for you in any county in Florida. If you’ve been injured in a slip and fall accident, you may be entitled to compensation. Call or email us for a review of your case. Dial (877) Gluck-Law from anywhere in Florida, or email me directly at email@example.com
Common Injuries from Slip and Fall Accidents Slip and fall injuries can be quite severe and cause a myriad of issues, including loss of wages, pain and suffering, and long-term medical expenses. Whether the accident happened at the grocery store, at the park, at a friend’s house, or even in your own home, you shouldn't have to suffer physically or financially due to the negligence of the property owner. So, what are some of the most common injuries from slip and fall accidents? Read below to find out. When someone falls due to the negligence of another party, the injuries will depend on the details of the fall. Obviously, a fall from an elevated position will result in more damages than a fall from ground level. Nonetheless, there are certain types of injuries that are common to most slip and fall cases. Those would include knee injuries, wrist injuries, low back, mid back and neck injuries, shoulder injuries or head injuries. Knee Injuries In regard to the knees, many times when the knee contacts the ground first, damage can be in the form of swelling, contusions or bruising. With conservative therapy, these symptoms resolve themselves many times. In the event they do not, a diagnostic test such as an MRI or CT Scan will be necessary to determine if any serious damage was done. A meniscus tear, ACL strain or tear or other ligament injuries, along with knee cap fractures, are all possibilities when the knee hits the ground first. Wrist, Arm and Shoulder Injuries The wrist, arm and shoulder are very common areas to be injured as well. Most people who are falling forward will instinctively place their arms in an outstretched position in an attempt to break their fall. This commonly results in wrist fractures, shoulder separations or other arm/elbow/shoulder injuries from the impact and force transferring through and up the arm to the shoulder. Back and Spine Injuries Next, the lumbar spine is an area of common injury from a fall. The lowest lumbar vertebra takes most of the force from a fall where someone lands on their rear end. Typically, there would be low back pain that is either localized or causing radiation of pain, numbness or tingling. The injury might also cause pain that travels down the lower extremities on both sides or just one, going into the thigh, to the knee, or sometimes down to the calf, foot and toes. Any reported numbness, tingling or radiating pain could be a sign of a disc injury in the lumbar spine. These types of injuries could be a bulging or herniated disc, the shock absorber type material that acts as a cushion between the vertebra in your spine. These are seen best on an MRI scan of the lumbar spine. The neck or mid back could also be injured when the body is put in an unusual position as one falls to the ground. Sometimes the neck could snap or the body could be twisted on impact, causing the mid-back or thoracic spine to receive injury as well. An MRI will show if these injuries are serious or just soft tissue in nature. Head Injuries A head injury is always a possibility from a fall as well. Hitting your head on the ground as a result of a fall can cause many problems ranging from post-concussion syndrome to a mild or severe traumatic brain injury. Headaches, dizziness and forgetfulness are possible symptoms that should result in a CT scan to accurately diagnose the extent of the trauma/injury. Understanding all the potential injuries that a fall can cause will help you assist your medical providers form a proper diagnosis and treatment plan standpoint. What Should I Do If I Was Involved in a Slip and Fall Accident? It’s critical you seek immediate medical help if you were involved in a slip and fall accident. Report to your doctor the severity, frequency and duration of your pain If possible, and be specific regarding the body parts that are injured. Also, to help your lawyer prove your case, take as many photos as possible of the location and circumstances of the fall and the injuries you sustained. If you or a loved one has been injured in a slip and fall accident caused by negligence, Florida personal injury attorney Robert Gluck is here to help. Call (877) GLUCK-LAW to set up your free consultation.
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