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Car Accidents & Traumatic Brain Injuries Archives

PBA: A Secondary Neurological Syndrome That May Follow TBI

Traumatic brain injuries are devastating events in the lives of those unfortunate enough to suffer one. According to news-medical.net, Dr. Jonathan Fellus, Director of Rehabilitation at Meadowlands Hospital Medical Center explains that the brain controls essential bodily functions on which we rely every day. Among those functions are breathing, heart rate, body temperature, metabolism, thought processing, body movements, personality and all five senses: vision, hearing, taste, smell and touch. An injury to the brain typically affects the neurons and nerves that carry the messages sent by the brain to the organs that perform all those functions, hence the devastating effect that a brain injury has to the lives of those affected.

Court Dismisses Motor Vehicle Accident Passenger's Lawsuit Based on Pervasive Misrepresentation and Fraud - Middleton v. Hager, 179 So.3d (Fla. 3rd DCA 2015)

There are many reasons that an injury victim's selection of a motor vehicle accident lawyer is important to the outcome of a legal claim for compensation. One vital consideration involves the injury victim's comfort level in communicating all relevant facts, including information that is unflattering or detrimental to the lawsuit. Misrepresenting or withholding negative information often causes substantial damage to a civil lawsuit because the adverse facts usually will come out at some point in the legal process.

When Does a Government Entity Owe a Duty of Care to Clear Roadway Hazards? - Manfre v. Shinkle, 2016 WL 438227 (Fla. 5th DCA 2016)

Many motor vehicle accidents that cause catastrophic injury or even wrongful death involve motorists with no insurance or insufficient coverage. In such situations, the potential liability of government entities for unsafe road design or maintenance becomes an important issue. Government entities have the financial resources to pay a personal injury judgment. Because public entities benefit from sovereign immunity to the extent not waived by tort claims acts, personal injury lawsuits against the State of Florida, counties, or municipalities involve additional issues, special procedures, and tighter deadlines for providing notice of a legal claim.

Can an At-Fault Driver in Florida Prevent the Jury from Hearing Evidence Regarding His Negligence by Admitting Liability? -Lenhart v. Basora, 100 So.3d 1177 (4th DCA 2012)

In most auto accident lawsuits, the insurance company for the at-fault driver will tenaciously work to dispute its insured's negligence. However, there are situations where the defendant might be inclined to concede that he or she engaged in unreasonably unsafe conduct to keep egregious facts from appearing relevant to the litigation. The theory is that admitting fault makes facts that could poison the jury against the defendant no longer relevant after the defendant concedes liability. This strategy is designed to prevent the jury from hearing facts that might motivate the jury to award larger damages.

Preventing Injury to Children When Backing Out of Driveways

This is the second installment in our two-part blog post discussing the potential danger to children when vehicles back out of a driveway. Although motorists might not consider this simple driving maneuver a high risk activity, hundreds of kids die and over ten thousand are injured by vehicles backing up every year. This installment discusses legal changes and safety strategies designed to prevent these tragic child pedestrian accidents.

Lack of Attention When Backing Up Often Claims Lives of Child Pedestrians

Although most people recognize the danger posed by intoxicated and distracted drivers on Florida roadways, the risk of injury or death posed by a motor vehicle can exist much closer to home. The family driveway can be a dangerous place for small children. Vehicles backing over children while pulling out of driveways claim the lives of fifty children per week according to the website kidsandcars.org. The site also indicates that approximately 7 in 10 fatal back up accidents occur when a relative is behind the wheel. In this two-part blog post, our Miami personal injury attorneys provide important safety information that can reduce the risk of a back over crash. Part I of this article focuses on important risk factors while Part II discusses new safety standards and preventative measures.

Court Reinstates Jury Award Granting Zero for Pain and Suffering for Broken Neck - Ortega v. Belony, 2015 WL 9914181 (Fla. 3rd DCA 2015)

The process of proving damages in a car accident lawsuit can be difficult especially when attempting to establish intangible damages like pain and suffering. While lost wages and medical costs can be established based on objective evidence, one of the important functions of an experienced Florida car accident lawyer involves persuasively advocating for a maximum award in terms of these types of hard to quantify forms of loss. The recent decision by the 3rd District Court of Appeals for Florida, Ortega v. Belony, demonstrates the importance of skilled advocacy in the measure of compensation received for this type of damages.

Frequently Asked Questions About Distracted Driving in Florida

Distracted driving is a tremendous national problem that has reached epidemic levels. The personal injury attorneys at Greenberg, Stone, & Urbano, are concerned by the high rates of distracted driving nationally and locally. We have provided the following list of frequently asked questions concerning distracted driving in hopes of raising increased awareness to the tremendous problem of distracted driving and the penalties texting drivers may face in Florida:

Car Seat Installation Mistakes and How You Can Protect Your Child

Parents everywhere strive to ensure their children are safe at all times, which includes selecting an appropriate car seat for young children. However, even the most well intentioned parents can make critical mistakes when installing their child's car seat. Car seat installation mistakes can leave your child vulnerable to devastating injuries in the event of a car accident. The following is a look at some of the most common car seat installation errors:

Common Injuries Suffered by Children in Florida Car Accidents

Our car accident lawyers understand that being involved in a car accident can be a frightening experience. It is even scarier if your children are in the car with you. Whether they are in a booster seat or sitting in the passenger seat, kids are prone to injury in the event of an accident. According to the Centers for Disease Control and Prevention, motor vehicle injuries are the leading cause of death among children across the country. Children that do survive a car accident can still suffer severe injuries.