by Charlie Smith | Jul 31, 2016 | Blog, Personal Injury |
On July 30th, 2016 a hot air balloon crashed in Texas killing all 16 passengers on board. The accident is the deadliest of its kind on record in the Western hemisphere. Though the crash is still under investigation, officials believe the cause of the accident was due to contact with power lines. This unfortunate occurrence has raised some unique legal concerns and questions. Hot air balloon crashes are not very common, and the resulting injuries and/or fatalities are usually low due to capacity limitations. According to data compiled in 2011, in the 11 years preceding the study a total of 78 crashes were documented. There were five fatalities and 91 people injured a result of these crashes. It’s easy to see why the legal guidelines in such a unique situations are not well formed- the circumstances and causes in each of these accidents vary greatly. Of the hot air balloon crashes on record, the cause of the accidents include collisions with power lines and trees. Also noted as causes for accidents include avoidance of stationary or fixed objects- including powerlines. So in cases like these, how does one address liability? Hot air balloons are technically considered aircraft and as such are governed by Federal Aviation Regulations. Even though they are being controlled to a certain degree by man, they are also subject to acts of God- including wind gusts and inclement weather that may cause a loss of control. In this way, they are similar to more standard aircraft- airplanes and helicopters- that are more commonly involved in personal injury lawsuits. However, outside of an airplane or helicopter pilot...
by Charlie Smith | Jul 14, 2016 | Blog, Medical Malpractice |
The laws and procedures surrounding Medical Malpractice can seem daunting if you aren’t familiar with the specifics. We’ve compiled some of the most common questions asked regarding Medical Malpractice to help you better understand what is it and what it involves. Q: What is the statute of limitations on Medical Malpractice cases? A: In general, the statute of limitations for Medical Malpractice cases is two years. However, that can sometimes be open for interpretation. You have two years to file from the time the incident occurred, or from when a family member, loved one, or guardian should have realized the issue. The later part of that statement is what is open-ended. A reasonable argument needs to be made to justify any delays in realization of a potential health issue. Q: What qualifies as Medical Malpractice? A: Medical Malpractice can be broadly defined as any time in which an injury results from a medical professional failing to adhere to the medical community standards of care. Wrongful death, medication errors, birth injuries, misdiagnosis, surgical errors, and negligence are some examples of Medical Malpractice. If you still have questions about whether what you or a loved one are experiencing qualifies as malpractice, please contact us. Q: What is the difference between Malpractice and Negligence? A: There are several types of Negligence; Malpractice is a type of negligence that involves a licensed professional. As such, Medical Malpractice is the negligence of a licensed medical professional- including doctors, nurses, and technicians- that is caused by carelessness. If a medical malpractice injury is found to be due to intentional harm, it can become classified as...
by Charlie Smith | Jun 28, 2016 | Amusement Park Injuries, Blog, Court Cases |
By now, the tragic news of the death of 2-year-old Lane Graves has made its way across the nation. If the name doesn’t sound familiar, his story will. On the night of June 14th, the toddler was attacked and killed by an alligator at Disney’s Grand Floridian Resort. The public’s reaction to Lane’s death was to show incredible compassion and support for the grieving family- some even shared photos of their family at the exact spot the child was attacked. Others have questioned whether his death could have been prevented with proper precautions. While most theme park injuries are the result of faulty rides, other injuries, like the attack suffered by Lane Graves, can occur on the grounds of amusement parks. One of the major misconceptions that often leads to injuries is that theme parks are inherently safe. People believe they are taking their family to a place that is devoid of any danger- and with good reason; Disney World has been dubbed by many as “the happiest place on earth.” However, children are the victims of about 50% of reported injuries at amusement parks. Most of the injuries that happen at theme parks are a result of the rides. Whether due to ride malfunction, improper operation, poor signage, or mechanical failure, injuries suffered at amusement parks can range from mild to serious. These injuries can include everything from neck strains to broken bones, and aneurysms; some may result in fatalities. However, many injuries occur on theme park grounds. If the injury is a result of either negligence on behalf of the amusement park, or product liability, there is...
by Charlie Smith | Jun 14, 2016 | Blog, Tips |
For many, the process of selecting a nursing home for a loved one can seem overwhelming. We are all familiar with reports in which individuals have suffered abuse at the hands of the staff at their nursing home. This concern can be made worse if your loved one is no longer able to communicate. To alleviate the stress this decision can cause, it’s helpful to thoroughly research nursing homes that meet the required criteria. The first step to selecting the right nursing home for your loved one is identifying the type of care they need. Nursing homes vary based on the level of care (among other things). Does your loved one required full, round-the-clock medical care, or just help dressing and bathing? This question will determine whether you need a facility that offers hospital-level care or just assistance. Once you’ve determined the level of care required, the next step is proximity. Ideally, the close4r to you the facility the better, since that will make regular visits much easier. However, keep in mind that it is more important to find the right fit for your loved one than just a home that is close by; your loved one will thank you in the end. Now that you know the facilities that are around you, narrow them down by identifying other criteria that may be important to you, such as religious affiliation, certifications, and payment terms or insurance accepted. Now that you have narrowed down a list of nursing homes that you feel may be a good fit, you’ll need to do the leg work and visit the facilities. This is...
by Charlie Smith | May 18, 2016 | Automobile Accident, Blog |
For some of us, studying for our license was a months-long process with flash cards, color-coded highlighting, pop quizzes, and group study sessions. For the rest of us, it was more like a mad dash to the finish line after days of cramming. We’ve put together some of the lesser known Florida traffic laws that may surprise you. You must move over for tow trucks We’ve all seen the signs on the highway urging us to move over for emergency vehicles. But did you know this law also extends to tow trucks that are responding to an accident or disabled car? Moving over a lane helps to ensure the safety of all people present at, or responding to, an emergency scene. Minimum speed limits are a real thing You may think you are being extra safe by driving slowly on the highway, but minimum speed limits (just like maximums) are in place for the safety of all drivers. As a general rule, the minimum speed limit on most highways is 40 miles per hour. If the maximum speed is 70 miles per hour, the minimum increases to 50 miles per hour. You can’t drive with your hazard lights on Contrary to popular belief, hazard lights are only to be used when your car is stopped. The intended purpose of these blinking lights is to help identify immobilized vehicles that may be obstructing traffic flow to approaching vehicles. Hazard lights are not to be used while your vehicle is moving for any reason- including heavy rain. If weather conditions become too intense or obstructive for your personal...
by Charlie Smith | Apr 27, 2016 | Blog, Workplace Injury |
If you have ever had a job, you know just how easy it is to become stressed out. Sometimes stress is a good thing and can help with production, but often times, stress can be a negative feeling that can become detrimental to a person’s well being. If stress becomes unmanageable, it can interfere with productivity and can even cause an impact on physical and emotional health. Although we cannot control everything in our work environments, we can control ourselves and our reactions. There are many ways to manage stress in the workplace that can become beneficial to yourself and even to those around you. The better you become at managing your stress, the more positively you will affect those around you. Below are some tips as to how you can better manage your stress levels in the workplace: Learn to relax – go for a walk, stay hydrated, or listen to your favorite song Timing – timing is everything when it comes to stress management. Plan your tasks at the start of the day and work through an effective schedule Avoid overload – overloading a day can cause stress on anyone. Don’t feel like you are required to yes to everything asked of you; stick to a schedule and effectively decide what additional tasks you may be able to take on Communication is key – create a strong workplace environment by addressing issues in a considerate manner. Openly communicate with your coworkers to create a better workplace environment Make food choices that keep you going – eating small and frequent meals throughout the workday can help to maintain...