Item: Flaxman Law Group
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Author: Clara Barman

How Road Dangers Can Lead to Car Crashes in Homestead and Surrounding Areas

Published on: March 25, 2014 | By Flaxman Law Group

We expect the roads in Homestead and surrounding Florida communities to be safe for driving. After all, if we live in the area our taxes go towards the maintenance of the infrastructure of the area. Unfortunately, in some cases car accidents in Homestead and surrounding areas are caused not by driver negligence but by poor road conditions.

Road hazards can include:

1) Pot holes and rough roads. Uneven road surfaces and pot holes can cause a larger vehicle to lurch forward. On a high-speed road, this sort of unevenness can be enough to cause a larger vehicle to lose control. Of course, for motorcyclists and bicycles unevenness can be especially deadly and can lead to bike accidents.

2) Expansion joints. These joints connect a bridge to a road or can connect two parts of a road together, allowing for contraction and expansion. Expansion joints, however, also mean an uneven surface and can become slippery in wet weather. It is not uncommon for expansion joints to cause motorcycle accidents in Homestead and surrounding areas. On bridges, joints can be quite wide, which can be especially dangerous for motorcycles.

3) Gravel and unpaved roads. Gravel roads and other unpaved roads can easily develop ruts if not maintained properly. They can also become muddy or virtually impassable in bad weather, sometimes spraying up and obscuring windshields, causing visibility issues.

4) Debris on the roads. Debris can include cargo that falls from trucks, strips of rubber from tire blowouts, debris from road accidents, objects left from road work, rocks, and branches. Municipalities are expected to be able to remove dangerous obstacles from roadways quickly. When they do not, serious accidents can result.

5) Slippery surfaces. Slippery surfaces on roads can include painted surfaces (such as crosswalks), mud, wet leaves, standing water, spilled oil, and other dangers. While cars will generally not recognize the dangers, these seemingly small hazards can and do cause motorcycle and bicycle accidents in Homestead and across the state each year.

6) Edge breaks. Some roadways have lanes that are different heights. These uneven surfaces can be especially deadly for motorcyclists and bicycles.

7) Animals. Florida is filled with wildlife and sometimes animals run out in front of cars, causing serious accidents. Some areas are known for having high concentrations of wildlife, however, and cities may be able to place fencing or other barriers to protect both animals and drivers.

Cities are expected to keep their roads safe. When they do not and the negligence leads to a traffic collision, survivors may have a legal claim to seek compensation for injuries and losses. Unfortunately, it can be difficult to prove that road conditions played a role in some accidents. In some cases, even injured drivers are not aware that their cars slid on a slippery surface or encountered another road hazard.

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Dealing with Chronic Pain After a Car Collision in Hollywood

Published on: March 20, 2014 | By Flaxman Law Group

Car accidents lead to many serious conditions, including spinal cord injuries, head injuries, amputations, and fractures. One of the difficult things after a car accident in Hollywood or your community will be dealing not only with the injury itself, but also with the pain and suffering it will cause.

Unfortunately, some people who are several injury in a car or truck crash in Hollywood or their community will suffer chronic pain. For doctors, chronic pain is defined as significant pain that is widespread over the body and lasts for three months or more. For back injury patients in Hollywood and patients who have suffered soft tissue injuries or other injuries, chronic pain can be debilitating and can last for many months or even years. For some, it becomes a life-long condition.

It is important to acknowledge and address chronic pain, since this condition can have a profound impact on your life. It can cause fear or even panic attacks, anxiety, sleep disorders, and many other issues. In fact, it can affect every area of your life, including your physical and mental well-being. At its worst, it can prevent you from returning to your daily activities and can leave you feeling isolated and afraid or depressed.

According to doctors and the American Psychological Association, there are several things that you will want to do if you suffer from severe pain or chronic pain:

1) Speak with a doctor and get medical treatment. Depending on your situation, your doctor may recommend surgery, nonsteroidal anti-inflammatory drugs, physical therapy, acetaminophen, or other solutions to help with the condition.

2) Take care of your mental health. Chronic pain can take a toll on your mental health and can lead to frustration, anger, and other issues. It can be useful to meet with a support group or even a psychologist if you are struggling or feeling overwhelmed.

3) Practice stress reduction. Being in constant, significant pain can be very stressful. Stress, in turn, can make you tense, which can increase some types of pain and can make managing pain more difficult. Some patients find that yoga or meditation help, while others look for other ways to handle stress. It can be helpful to try a few different techniques to find one that helps you.

4) Take care of yourself physically. Staying hydrated, rested, and eating good food can help you feel better. At the very least, taking care of yourself reduces your risk of illness, which can add even more pain. Some patients find that changing their diet under a doctor’s supervision or introducing certain types of exercise also helps reduce pain.

5) Look to alternative therapy and healing options. There are many types of therapy that have been shown to be effective for some patients suffering chronic pain. Some studies have shown positive results from biofeedback, hypnosis, visual imagery, relaxation training, acupuncture, and other options. Talk to your doctor or try a few options yourself. Just keep in mind that some of these solutions may not be covered by your health insurance. You may want to speak with a personal injury attorney in Hollywood or your community to find out whether you qualify for compensation that could help defray some of the costs.

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Insurance Laws Can Hurt You After a Car Accident in Homestead

Published on: March 18, 2014 | By Flaxman Law Group

Insurance is meant to protect you financially if you are ever in a car crash in Homestead or another community. You pay insurance premiums to an insurance carrier so that in the event of a car accident you can get compensation for catastrophic medical costs, car repair expenses, lost wages, and other expenses. Insurance coverage is the law in Florida and you must be covered if you are a driver.

You may expect that in the event of a car or truck collision in Homestead or your community insurance laws will protect you, but this is not necessarily the case. There are a number of laws that can actually make it harder for you to get compensation for your injuries.

For example, in January of last year a number of changes were made to car insurance “personal injury protection” (PIP) coverage in Florida. The changes require survivors of car accidents to file PIP claims within 14 days of the accident in order to get compensation. The new rules also require treatment for the injuries to be permitted by a chiropractor, dentist, doctor, paramedic or other accepted provider. Injuries not treated within 14 days by an acceptable health care provider could be denied.

As many patients and personal injury attorneys in Homestead and other Florida cities noted, the new PIP rules were problematic for three main reasons:

•Many injuries are not treated within 14 days because it can take longer than that for a proper diagnosis to be made. In the case of soft tissue injuries and other serious injuries, symptoms take some time to develop.

•Some injuries require treatment by a practitioner not on the “approved” list. Some survivors of a serious traffic crash, for example, may need the services of a therapist. Someone who has suffered a burn injury may need to get skin grafts and may need the services of a dermatologist or plastic surgeon. The new PIP rules also do not allow massage therapy or acupuncture to be covered, even though studies have shown that both these options can help injured car survivors deal with chronic pain.

•Someone who is severely injured in a car or truck accident may not be well enough within in 14 days to submit a claim.

Despite these concerns, the PIP changes were made, largely because insurance fraud in the state was costing Florida an estimated $1 billion per year. The new laws are intended to limit fraud. Unfortunately, they also can limit law-abiding drivers’ rights to fair compensation. While the Florida Office of Insurance Regulation forecasts that the new laws will slash car insurance premiums by 13.2 percent due to a smaller number of fraudulent cases, so far premiums have not dropped this much. The Office of Insurance Regulation notes that the number of fraudulent and suspicious cases in the state has already dropped in the year that the law has been in force.

If you have been injured in a car accident in South Florida, make sure that you are protected. Speak with a personal injury attorney as soon as possible after the collision to make sure that you have the best chances for compensation. If negligence played a role in the accident, you may find that filing a legal claim rather than seeking an insurance claim can secure fairer compensation. Alternatively, your attorney may be able to negotiate with the insurance company for a fairer amount.

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AAA Has Important Message for Florida About Child Safety Seats

Published on: March 13, 2014 | By Flaxman Law Group

Representatives of the AAA have stated that Florida has the weakest child passenger safety legislation of all states. Obviously, this is not a distinction that our state wants, and the AAA has urged Florida to pass new rules that would require children to stay in proper safety restraint systems.

Current Florida laws require that parents and guardians keep children up to three years old in car seats. The problem is that children who are four years of age or older are not required by law to be placed age-appropriate safety restraints. The law simply requires them to wear a safety belt.

According to the AAA and other safety experts, there are a number of problems with the law. The key problem, of course, is that if a child is in the car when a vehicle is in a serious car accident in Hollywood or another community, their chance of injury or death is much higher if they are not in proper safety restraints. While parents still have the option of keeping their children in age-appropriate safety systems past age three, many safety experts state that passing a law mandating the use of these systems would go a long way towards ensuring that children are safe in cars.

A third issue, according to the AAA and other experts is that the law states that children should wear safety belts after age four. This can be very dangerous for children, since seat belts are designed for adults and not children. Children who are restrained by a seat belt in a traffic collision in Hollywood or another community may suffer from lacerations, head injuries, and other injuries. A seat belt may also fail to properly restrain in them in the event of a broadside collision, head-on impact, or other type of crash, potentially leading to life-threatening injuries.

The AAA would like to see the state pass legislation that would mandate children be kept in appropriate safety seats up to age seven. Already, Senator Anitere Flores and Representatives Keith Perry have suggested legislation that would toughen up Florida’s laws. Experts and legislators have noted that the new law would help improve traffic safety, an especially important concern since traffic accidents are the leading cause of child injury in Hollywood and Florida – not to mention the leading cause of death among children.

In the meantime, parents can and should take a moment to ensure that their children are protected in the car with the appropriate safety restraints. According to the National Highway Traffic Safety Administration, the AAA, and the American Academy of Pediatrics, children should use a five point harness car seat until they grow out of it by weight or height. These seats provide the highest level of protection in a crash. Children who no longer use car seat should use a booster seat until they grow to at least 4’9”, which usually occurs at about ages 8 through 12. A booster seat elevates a child so that the seat belt fits them correctly and protects them in the event of a collision.

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4 Tech Improvements Homestead Drivers May Want to Know About

Published on: March 6, 2014 | By Flaxman Law Group

For drivers in Homestead, truck accidents and car accidents are a concern. They are also a concern for car manufacturers, who have been developing new technologies that not only make driving more exciting but also in some cases may be able to help prevent traffic crashes. According to industry experts, there are four tech areas that drivers will want to keep an eye on:

1) The connected car. OnStar has been available since 1996, allowing drivers to communicate with others in the event of an accident, mechanical issue, or other problem. Not only are more companies getting into the market, but OnStar and other companies are working to make improvements all the time, looking into services such as self-texting cars.

2) The car technology that lets your car communicate with the world around it. Many car manufacturers are experimenting with technology that includes sensors and GPS systems that allow the car to analyze the roadway around it. This technology could allow a car to take action if another car drove too close, for example, and maneuvers were needed to prevent a collision. It could also allow the car to adjust automatically to challenging weather conditions and other dangers.

3) The self-driving car. On this blog, we’ve written about driverless cars before. It’s difficult not to get excited about the technology which could eventually help prevent traffic collisions in Homestead and other communities by taking driver error out of the equation. Most car experts agree that this is where cars (and airplanes and trucks) are headed in the future. In the meantime, though, many car manufacturers are releasing cars that have some of this technology. Some cars released now have technology that lets the cars park themselves or perform other basic functions automatically. In the next few years, semi-autonomous cars will become more popular. These cars can virtually drive themselves, but still require some input from the driver.

4) Infotainment. Cars are being connected to the Internet and are expected to provide more information as well as entertainment. Drivers today can check emails, surf the internet, browse their online photo album, and even have a scrolling list of photos from their phone displayed on the dash. Customers demand connectivity and infotainment, so it is likely that car manufacturers will continue to enhance these options in future models, but safety experts say that this technology comes at a price. Driver distraction in Homestead and other communities has been linked to collisions and more infotainment in the car can mean less focus on the road.

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Florida Laws and Bicycle Safety in Hollywood

Published on: March 4, 2014 | By Flaxman Law Group

Unfortunately, Florida is not known for being especially pedestrian-friendly or bicycle-friendly. Despite the wonderful weather, many people choose to get around by car rather than by foot or bicycle and this has resulted in many pedestrian and bicycle accidents in Hollywood and across the state.

Florida laws, however, have been passed to make the streets safer for everyone. For example, the law requires motorists to stay at least three feet away from bicyclists. They are also supposed to treat bicycles like other cars on the roads, giving them their own lane in areas where a separate bike lane is not provided.

Unfortunately, not all motorists follow the law and many safety experts say that motorist aggression and negligence leads to many serious car collisions in Hollywood involving bicycles. Common causes for these accidents include:

•Failure to yield right of way
•Trying to squeeze by bicycles rather than waiting for bicycles to pass
•Trying to share lanes with bicyclists
•Tailgating
•Entering bicycles lanes
•Drunk driving
•Distracted driving
Better enforcement of driving rules and better education of drivers could help reduce traffic accidents in Hollywood and other communities. In the meantime, bicyclists can take a few steps to reduce their own risk of collisions and injuries:

1) Always wear a helmet. For bicyclists in Hollywood, brain injuries are one of the leading causes of bicycle-accident fatalities. Wearing a helmet can greatly improve your chances of surviving a crash. It is important to wear one each time you hop on your bike, even if you are just going a short distance. Buy a quality, well-fitted helmet and wear is properly each time. Browse until you find a helmet you like. If you don’t like the look of traditional helmets, there are now invisible helmets that fit around the neck.

2) Stay visible. Motorists may not be looking for bikes and may not notice you, so do all you can to make yourself seen. That may include wearing highly-visible clothing, especially at night or in bad weather. You can also make your bicycle more visible with lights and reflectors. Even with all these precautions, though, make eye contact with the motorists sharing the road with you – often, it is the best way to ensure that a motorist has really seen you.

3) Don’t assume that motorists will do the right thing. Everyone on the road is expected to follow the law, but not everyone does. Unfortunately, many drivers follow too closely behind bikes, run red lights, and take other risks. When you are on your bike, you are more vulnerable, so it is even more important to drive defensively and to consider the movements and actions of the drivers around you.

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Where Can Brain Injury Patients in Hollywood Turn After a Car Collision?

Published on: February 27, 2014 | By Flaxman Law Group

For brain injury patients in Hollywood, fear and anxiety are common after an initial diagnosis. Whether you have sustained a traumatic brain injury in a workplace accident in Hollywood, through a sports injury, in a Hollywood traffic accident, or through some other way, it can be a devastating injury. You may need specialist care and treatment and you may find yourself struggling with challenging symptoms such as motor loss control issues, memory problems trouble with concentration, personality changes, and more.

It is normal to feel afraid and alone, but it is also important to remember that there are many places you can turn to for help, including:

1) The Brain Injury Association of Florida (BIAF) (http://www.biaf.org/). BIAF is a statewide nonprofit organization for traumatic brain injury patients and their caregivers. BIAF offers advocacy, support, education, and other help. They even have a toll-free number, 800-992-3442, if you need to speak to someone right away.

2) Support Groups. Support groups help you meet others who have suffered a serious brain injury in your area as well as professionals who can help you. It is often very useful to speak to someone who has gone through a similar experience and who has advice to offer about practical matters. You can find a support group for brain injury patients in Florida at this website: http://www.byyourside.org/support/support-groups/. You can also set up your own support group by contacting BIAF.

3) The Florida Health Brain and Spinal Cord Injury Program (http://www.floridahealth.gov/diseases-and-conditions/brain-and-spinal-cord-injuries/index.html). This government program can help you and your family find resources as well as case management services.

4) Your doctor. Your primary care physician can refer you to specialists and can provide you with follow-up care. They can also help you manage your care, especially if you need to work with multiple health professionals.

5) Your personal injury attorney. A lawyer can often help you find local resources that can help you. They can also help you pursue any avenues or options for compensation – which is important, since brain injury treatment and care can be very expensive and may not be covered by your insurance in all cases.

6) Your employer. If your brain injury took place at work, workers compensation and your employer may have options for you. However, before you accept a settlement or workers compensation benefits, be sure to speak with a personal injury attorney in Hollywood or your city; once you accept benefits or insurance money, you may not have the right to pursue compensation later on if your injuries end up costing more than you thought.

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Unraveling Deadly Multiple-Car Crashes in Miami and Other Cities

Published on: February 25, 2014 | By Flaxman Law Group

Pile-ups on the highways and streets of Miami and surrounding areas tend to make the news. Not only do these multiple-car collisions stop traffic and create dramatic pictures on the evening news, but these accidents also often cause catastrophic injury.

In many cases, multiple-car car and truck collisions in Miami start innocently enough: one car hits another. Usually due to a number of factors, though, the accident quickly turns potentially deadly as the second car careens into another and then possibly into other vehicles. There are many reasons why a simple car accident leads to a pile-up:

•Poor road design or bad road conditions
•Poor visibility or weather conditions
•Heavy traffic or tailgating
•Drunk or distracted driving
•High speed
No matter what causes a pile-up, this type of accident can be deadly. If the accident has occurred due to high speeds or high force, the impact of the crash can be immense, leading to serious injury. Even if this is not the case, the multiple impacts can mean severe injuries, especially multiple head injuries or soft tissue injuries. Imagine that you are in your car when it is rear-ended, for example. Now imagine that the car is hit again because there is an additional impact. Each time there is an impact, you are jolted, increasing your risk of injury.

Multiple-vehicle truck and car collisions in Miami are also deadly because it can be harder for emergency personnel to get to all injured passengers. Some passengers may become trapped in their cars and surrounded by other cars, making it necessary to use the Jaw of Life or other emergency procedures. Emergency crews responding to the scene may also be overwhelmed by the number of injured passengers, meaning that it can take some time to get to all injured persons. This can mean some delays in getting necessary treatment.

Once the accident scene is cleared up and the injured are taken to hospital, these cases are no less challenging. In multiple-car collisions, there are usually multiple liable parties, multiple plaintiffs, and several insurance companies involved. Figuring out what happened and going through the insurance process can be that much more complicated and difficult.

One thing that makes these accidents even more complex is that they do often result in soft-tissue injuries, which are well-known for being hard to diagnose in many cases. One challenge with whiplash, soft tissue injury, and the type of chronic pain that can come from rear-end accidents in Miami is that it can take a long time – sometimes weeks – for symptoms to develop. In many cases, there are few diagnostic tests to prove that an injury has occurred, and this can make it harder for an injured person to prove that they have an injury caused by the accident – and injury that is causing them debilitating pain. Of course, that can make it harder to secure compensation for the injuries.

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PTSD and Car Collisions in Homestead and Other Cities

Published on: February 20, 2014 | By Flaxman Law Group

Truck and car accidents in Homestead and other cities can easily lead to post-traumatic stress disorder (PTSD). In fact, traffic collisions are one of the leading causes of PTSD across the country. Some studies suggest that as many as 9% of traffic accident survivors suffer from PTSD and a larger number have some PTSD symptoms or reactions.

If you have been in a car or truck collision in Homestead or any community, it is important to not only consider your physical health but also your emotional health. PTSD is a serious disorder that can affect your ability to recover fully. It can lead to depression, problems in relationships, and can even increase your risk of substance abuse. In some cases, it can make it difficult to return to work or to everyday activities after your traffic accident.

After a serious traffic crash in Homestead or your community, you will want to keep a lookout for these symptoms:

•Anxiety, especially anxiety about driving
•A fear of driving that leads you to avoid certain activities (such as driving during certain times of the day)
•Sleep disruptions
•Personality changes
•Jumpiness
•Moodiness or irritability
•Flashbacks or nightmares of the accident
•Distress
•Changes in eating habits
•Watchfulness when driving
•Increased heart rate and fear, especially when you see or hear something that reminds you of the accident
•Difficulty concentrating
Some of these symptoms are perfectly normal immediately after a collision, but if you notice that they don’t go away or they get worse, you may wish to speak to someone. You will also want to speak with someone if your reactions after the accident prevent you from living your life normally.

In many cases, your risk for PTSD is higher if you have suffered from trauma in the past or if you have sustained a severe injury in the accident. You may be able to get help by seeking out a therapist or by speaking with your doctor and asking for a recommendation to a therapist. There are many treatment options available for PTSD that can help you cope with the aftermath of an accident, and the sooner you get treatment the better your chances of recovery.

Unfortunately, the costs of therapy and other treatment options can be considerable. You may want to speak with a personal injury attorney in Homestead or your community immediately after your accident. If you qualify for compensation for your injuries under Florida law, an attorney can help you seek out the compensation you need so that you can afford quality medical care. In many cases, attorneys are also familiar with local resources and can help you find treatment options that you can explore.

Many people think that they should be able to “snap out of it” or “get better” after a traffic collision, but things simply do not always work that way. In some cases, it can be difficult to shake off the trauma of a serious accident and seeking help is important in these situations. While PTSD may not leave scars or physical trauma the way that a fracture or spinal cord injury can, it is still very debilitating and dangerous. Getting treatment can ensure that you start to heal from the accident and return to a full and happy life.

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Dealing With Chronic Neck Pain After Your Car Accident in Hollywood?

Published on: February 18, 2014 | By Flaxman Law Group

Car crashes in Hollywood and other cities lead to many devastating injuries, including head injuries, fractures, and other challenges. According to a new study from the University of North Carolina School of Medicine suggests that more attention needs to be paid to chronic neck injuries and neck pain after traffic crashes.

According to researchers in the study, over 70% of car accident survivors sustain chronic neck pain about six weeks after their collision. This is significant in a number of ways. First of all, it suggests that many victims may not be aware of their neck injury for some time after being involved in a car or truck collision in Hollywood or their community. In fact, according to researchers, about 90% of the approximately 40 million Americans who are rushed to a hospital emergency room after a car accident are given preliminary treatment and released. They may leave without being aware of the chronic pain they may suffer later.

This can be a problem in terms of the insurance claims process. Most insurance companies want to resolve cases quickly, so that by the time six weeks have gone by, the patient has already reported their claim and has accepted insurance money. If at that point they develop pain or other symptoms, they may not be able to secure additional insurance money.

According to researchers, 70% of discharged patients who had been involved in a car crash reported musculoskeletal pain six weeks after their collision. These patients experienced the pain in one or more areas of the body, with one in three patients reporting musculoskeletal pain in at least four body regions.

In addition to not being diagnosed right away, researchers noted that there is a skewed perception of late-developing pain after a traffic accident. Patients, according to researchers, are often not believed if they report new pain weeks after a collision. There is a perception that if anything is wrong after a traffic crash in Hollywood or another community it will be found right away, and this is not the case. This skewed perception can mean that patients have a harder time securing compensation since they may have a hard time proving that their injuries were caused by the accident.

According to the researchers, few patients are getting compensation and legal help for their injuries. Of the patients studied, only 17% had contacted an attorney to seek legal redress for their injuries. Of these patients involved in litigation, 28% suffered from persistent neck pain, 13% reported widespread pain in at least seven areas of the body and 4% reported symptoms similar to fibromyalgia.

From the perspective of a personal injury attorney in Hollywood, this research is disturbing since it suggests that many patients who suffer serious injuries in a car accident are left without legal advice and without fair compensation for chronic pain that could prevent a return to work.

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