Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Evaluating the Cost of Your Homestead Car Accident

Published on: October 25, 2011 | By Flaxman Law Group

If you have been in a Homestead car accident, your first priority should be to get medical help for yourself and for anyone else injured at the scene. However, you must not lose sight of the fact that your Homestead pedestrian accident or car accident could also have a huge financial impact on your life, as well as medical implications. If you have been injured or if the crash was a severe one, there are many costs that you may need to pay:

1) Medical costs. The immediate and long-term medical costs of a Homestead truck accident or car accident can be staggering. Homestead personal injury patients may need to pay tens of thousands or even hundreds of thousands of dollars a year in medical costs, depending on the type and severity of the injury. Some of the costs may not even be covered by insurance. For example, Homestead burn injury victims often require cosmetic surgery and skin grafts. Even though these are necessary in order for the victims to resume a normal life, few insurance companies will agree to pay for these procedures. In addition to hospital stays and medical costs, patients may also need to pay additional medical costs, such as visits to specialists, rehabilitation, therapy, and other costs.

2) Lost income. Unless you have substantial assets or savings, you will need to find ways to replace the income that you were getting before the accident. If your Homestead car accident was a severe one, you may be unable to work for months or even years. Some victims are never able to return to work. In order to continue to pay for living expenses and basic costs, you will need to find a way to replace this income.

3) Property damage. If your car has been destroyed, you may need to pay for car repairs, car replacement, and even transportation costs to and from the hospital or to your attorney while you’re awaiting a new vehicle. If there was anything of value in your car that was destroyed in the accident, you may need to pay in order to replace that property as well.

4) Insurance costs. After a car accident, your insurance costs may increase, sometimes substantially. You may need to pay for these added costs as well.

If your car accident was caused by someone else’s negligence or recklessness, Florida law does ensure that you may not have to pay these costs by yourself. You could have a personal injury claim, which could help you secure a settlement that helps to pay for more of the costs of your accident. Unfortunately, in many cases, insurance claims and insurance coverage does not cover the full cost of a severe accident. That’s why it is important to consult with a qualified Homestead personal injury attorney before making any decisions about insurance or your accident claim. An attorney can help you understand your options.

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What Actions to Take if You are in a Hollywood Car Accident

Published on: October 11, 2011 | By Flaxman Law Group

Unfortunately, Florida sees its share of traffic accidents. According to the Florida Highway Safety and Motor Vehicles Department, 2,983 people lost their lives in Florida car accidents in 2008. 1,169 of the deaths were due to Florida drunk driving accidents. As a city in Florida, Hollywood also sees its fair share of car accidents. Hollywood car accidents can occur anywhere and at any time. If you live in Hollywood, the Flaxman Law Group legal team hope that you are never in a vehicle collision. However, if you are, knowing what to do can make a dramatic difference in your recovery and future. If you have been in a Hollywood traffic accident, you need to:

1) Offer assistance to anyone who has been injured. If the accident is a Hollywood pedestrian accident, you will need to contact emergency personnel immediately. The same is true in case of a Hollywood bicycle accident or motorcycle accident, where victims are less protected than they would be in a vehicle.

2) Contact authorities. In a case where someone is injured or the accident is severe enough to cause serious damage, call police right away. In minor accidents, move the vehicles involved out of the way of traffic and contact authorities. In cases where police cannot come to the scene, file a police report within 24 hours of the accident by visiting the local police station. Ensure that your version of events is included in the police report.

3) Gather information. Get a copy of the police report and exchange contact information, driver’s registration information, and insurance information with any other drivers involved. Also, be sure to get the contact information of any witnesses who saw the accident. If you are taken to a hospital, get a copy of any medical reports and files. If you decide to pursue legal action, this information will be invaluable. Even if you decide not to pursue legal action, this information can be important for insurance claims.

4) Start documentation right away. Note down the time and exact location of the crash, as well as any other particulars you remember. If possible, take photos of the crash scene, the position of the cars and any other details you can. Even photos taken with a phone camera can contain details which are invaluable for Hollywood car accident reconstruction professionals. If you sustain any injuries, take photos of your injuries and start keeping a journal about the costs of your injuries as well as the symptoms you experience.
5) Seek medical help. If you are injured in a Hollywood traffic collision, seek medical help right away. Even if you feel fine after an accident, however, it is important to seek immediate help if you suspect you may have hit your head. Some brain injuries do not manifest symptoms right away but can be fatal, so it is always better to err on the side of caution and seek help at once.

6) Consult with a Hollywood personal injury attorney specializing in car accident claims. In many cases, you will need the help of an attorney to get the fairest claim possible, especially if you have significant or expensive injuries. A consultation will at least help you understand your options and the likely total costs of your accident, so that you can make an informed decision in your case.

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Canadian Excuses Could Shed Light on Miami Car Accidents Caused by Distracted Driving

Published on: October 4, 2011 | By Flaxman Law Group

It’s well-known that Miami drivers love their mobile devices. Florida is one of only a few states with no bans on texting or talking while driving and each year many Miami pedestrian accidents and car accident – as well as many traffic accidents across the state – are caused by distracted drivers using cell phones.

Even though the dangers of distracted driving are well documented, many drivers still choose to drive while texting or using their mobile devices. This is the case even in states with strict texting bans in place. A new study out of Canada could shed some light on why drivers take the risk. Recently, the province of British Columbia in Canada held a crackdown on drivers who use mobile devices and cell phones while driving. Authorities issued more than 3500 tickets as part of the crackdown. As part of the initiative, authorities also kept track of some of the excuses used by drivers who were caught driving while texting or talking on their cell phones:

1) “I do not agree with this law.” This is an interesting reason, because, of course, residents are obligated to follow all traffic laws – even ones they do not agree with.
2) “I had to use the phone – it was my employer/family/spouse.” This is another interesting reason for driving distracted. The reality is that no phone call is so urgent that it is worth risking a car accident over. If there is a truly important phone call to be made, motorists should pull over to the side of the road to make the call.

3) “I was not using the phone – just holding it.”
4) “I did not see you, office – I was on the phone.”
5) “Something happened to my Bluetooth and I cannot use it.” While hands-free devices at least allow motorists to focus on the road and not take their eyes off the road, some studies have suggested that hands-free devices still distract drivers and are still therefore a hazard on the roads. In addition, a technical problem with a hands-free device does not make it acceptable to use mobile devices while driving.

6) “I was stopped at a red light and was not driving and texting.” In areas where cell phones or texting are banned behind the wheel, the understanding is that drivers will not use their mobile devices at any time while operating a motor vehicle – and that includes stops at red lights. In fact, drivers need to be alert at stop signs and red lights in order to monitor the flow of traffic, so mobile devices in these situations are quite dangerous.

7) “I was just checking my battery/the time/to see if my cell phone was working.” Again, a cell phone ban implies that mobile devices will not be used in any manner while driving. Checking the time on a phone is just as distracting – and just as likely to lead to a Miami car accident – as texting. Experts and authorities agree that it is safest to turn a mobile device off and put it safely away before getting in the car, to avoid the temptation to check messages or the device itself.

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Treating Florida Burn Injuries After a Florida Car Accident

Published on: September 29, 2011 | By Flaxman Law Group

Burn injuries can be one of the most challenging injuries after a Florida car accident. The scarring, pain, and even mobility loss after this type of accident can be devastating. Burn injuries often occur in Florida car accident when a fuel tank leads or explodes, causing a fire.

The first step with a serious burn injury is to seek immediate medical care. Florida burn injury patients are usually rushed to an emergency room after a car accident and may be transferred to a specialty burn unit. Emergency personnel work to stabilize the patient, assess the degree of the burn, and commence treatment. In some cases, burn injuries can be life-threatening. Wide-spread burns and burns in specific areas of the body can place stress on major organs and can even prove fatal.

The initial priority with a burn injury is to prevent infection and ensure healing. The burns are usually treated and covered. Doctors will typically commence treatment and will work to monitor a patient, if the burns are widespread, to ensure that major organs are functioning well. A severe or wide-spread burn may require weeks of hospital stay and many months or even years of treatment on an out-patient basis.

Rehabilitation is necessary with some burn injuries. In cases where the burn penetrates the skin and affects muscles and bone, mobility can be severely affected. To regain mobility, patients may need to take months in therapy and rehabilitation to regain lost mobility.

After your car accident, you may also want skin grafts and other forms of treatment to minimize the scarring associated with your burn injury. Scarring is often not just cosmetic, but is also profoundly difficult for a car accident victim. Car accident victims with severe scarring may notice others staring at them or may face extreme difficulty in social situations. Unfortunately, many medical insurance carriers see skin grafts and other scar treatment as “purely cosmetic” and may not be willing to cover the costs, which are substantial. For this reason, burn injury victims may wish to consult with the Flaxman Law Group to determine whether they can seek a settlement that helps them cover these important costs. The initial consultation with the Flaxman Law Group is free of charge, and is a good way to explore various options for treatment and recovery.

Pain management will also likely be a long-term solution for most Florida burn injury patients. Burn injuries can be very painful, especially as the skin starts to heal. Most patients will require expensive pain medication as well as alternative pain treatments, in some cases where traditional pain management does not work.

In addition to taking care of the physical needs of burn injury patients, most medical professionals today also recognize that these patients require emotional support as well. Burn injuries and the scarring they create can be very traumatic for patients. Some patients have a hard time resuming normal relationships and social activities after their injury. Depression, upset, and even anger are not uncommon. Therapy and counseling are often necessary to help patients work through these problems. Again, however, many insurance carriers do not pay for these needed services. For this reason, Florida car accident victims who have sustained serious injuries should seek the help of a qualified attorney to ensure that they have the financial resources to pay for all needed treatment.

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Fall Maintenance Tips to Prevent Florida Car Accidents

Published on: September 19, 2011 | By Flaxman Law Group

Getting your car properly taken care of every season can help you prevent the risk of Florida car accidents and pedestrian accidents, as it ensures that your vehicle is in good shape to prevent an accident. If you need to stop suddenly or maneuver quickly in order to avoid a collision, having a car that responds well is important. To get your car maintained this autumn, make sure that you:

1) Get your car checked out. Taking your car periodically to a trusted mechanic periodically can help ensure that your car is in good shape to drive and has no obvious problems. It is especially important to take your car in to a trusted mechanic if you notice any problems, unusual noises, or if you notice that the car is responding oddly. Regular tune-ups and maintenance are vital, especially in the autumn, when many drivers are on the road more frequently due to the school run.

2) Have a plan for keeping your windshield clear. Mud, rain, and autumn weather can wreak havoc with your ability to see clearly through your windshield. Top up your windshield fluid regularly, make sure that your windshield wipers are in good repair, and consider upgrading your wipers to ones that do a better job of clearing dirt and debris from your windshield. It’s a smart investment that can help ensure that you see what is in front of your car.

3) Assemble a kit for safe and comfortable driving. Your kit should include a first aid kit, a cell phone for calling for help in an emergency, a blanket, flares or flashlight, a spare tire, instruction manuals for changing tires, and a good spare tire. Your glove compartment box should contain sunglasses which can help you see clearly, and gloves for days when your wheel is too hot to hold firmly.

4) Create a space for your mobile devices. Distracted driving is a serious problem across the US. You can help conquer the problem by always turning off your mobile device and putting it away before you get behind the wheel. In fact, it is best to turn off your mobile device and put it away, such as in your glove compartment, to ensure that you will not be tempted to check your messages while you drive.
5) Get your tires checked. Summer can be hard on tires, and at this time of year the wear and tear of driving on hard surfaces can really show up. Make sure that your tires are correctly aligned and are still in good condition. If the treads on your tires are worn, it is important to have them replaced before the wet autumn season begins. If you will be driving outside of Florida this winter, you may also need to invest in a good set of winter tires for any winter driving you will need to do.

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How to Avoid Staged Florida Car Accidents

Published on: September 8, 2011 | By Flaxman Law Group

Florida has the unfortunate distinction of leading the country in staged car accidents and insurance fraud. Unfortunately, many staged Florida car accidents end up costing victims the most. This type of insurance fraud increases insurance costs for all Florida drivers. As well, innocent drivers are often accused of causing an accident so that criminals can claim expensive medical expenses. In many cases, fraudsters will wave a driver to change lanes and liberally cause a car accident. In some cases, fraudsters deliberately slam on the brakes in order to cause a minor car accident. In each of these cases, an innocent driver is unfairly dragged into insurance fraud. In many cases, the fraudster’s cars is filled with passengers, each of whom claim expensive medical costs. Frequently, the fraudsters work with unscrupulous medical experts and other professionals in order to bolster their claims. In some cases, the innocent driver or their passengers are seriously injured due to the staged accident.

According to authorities, there are many things that Florida drivers can do to help avoid becoming involved in a staged car accident:

1) Leave additional space between you and the vehicle in front of you. The car in front of you cannot brake suddenly and cause an accident if you leave adequate space.

2) Be aware if someone waves you to change lanes or merge. While in many cases this is simply a driver being polite, it could also be a fraudster setting you up for a car accident.

3) Be wary when making left-hand turns. Oncoming cars can deliberately accelerate in order to cause a car accident in this way.

4) Never drive distracted. Not only is it more likely to cause a Florida pedestrian accident, car accident, or other traffic accident, but insurance fraudsters often target distracted drivers. Distracted drivers are less likely to notice suspicious behavior on the part of the other driver, making them ideal victims. Distracted drivers are also less likely to react in time in order to avoid a collision and are less likely to notice a deliberate attempt to cause a collision. Stay alert and be aware of the drivers around you.

5) Be aware of drivers driving erratically. They may be driving under the influence, or may be out to deliberately cause an accident.

6) Make sure that you have defensive driving experience and training. Defensive driving can help you avoid an accident, even one that is caused deliberately.

7) If you have been in accident, beware of signs of insurance fraud. If you are offered money to use a specific medical or legal professional, mechanic, or other professional, refuse. Ask for a list of recommended mechanics from an insurer or other trusted professional. Work with an experienced Florida car accident attorney to determine the true cause of an accident and avoid accepting liability or blame for an accident until it can be thoroughly investigated.

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Head-On Florida Car Accidents

Published on: September 6, 2011 | By Flaxman Law Group

Florida head-on collisions, of all Florida car accidents, have the greatest risk of fatalities. In this type of accident, the front of two cars collide. Often, this happens when one vehicle drifts into oncoming traffic or otherwise heads into oncoming traffic. High-speed head-on car accidents have a high risk of fatalities, but at every speed this type of accident can cause serious injuries. These types of accidents can cause brain injuries, burn injuries, broken bones, spinal cord injuries, amputations, and other potentially serious injuries.

The risk with a Florida head-on car accident is that the impact of two cars colliding front-face is significant. Even at lower speeds, metal and glass will usually go flying, causing injuries. As well, with a head-on collision, the cars impact at full force, instead of glancing off each other, which is more common with a side-swipe accident. The impact of a head-on collision usually causes the driver and passenger to be thrown forward into the windshield or dashboard. If safety belts are not worn or if air bags fail to inflate, the likely result is serious brain injuries. Even if safety devices such as airbags inflate, striking an airbag can still cause injuries to the face.

Statistics suggest that US head-on car accidents make up only 2% of all accident, but account for over 10% of fatal accidents. These accidents can be caused by a driver losing control or driving inebriated or tired.

If you have been injured in a Florida head-on accident, you will likely face significant medical costs as well as lost income. Your first step should be to contact a qualified attorney to help you with your case. This is especially the case if you have sustained a Florida spinal cord injury, brain injury, or other serious injury that may be permanent. A good attorney can:

1) Investigate your accident to determine what took place during your accident.
2) Gather evidence that can help you in court or in negotiations with your insurance company.
3) Help you with immediate concerns, such as getting a rental car, arranging for medical care, and taking care of the other details that will become important after your accident.
4) Determine who is liable for your injuries.
5) Work with experts to determine your future medical costs, current injury costs, and the total costs of your accident.
6) Work to get you a fair settlement that pays for most of the costs of your injury.
7) Find eyewitness and expert witness testimony on your behalf.
8) Take care of all the details of your case, so that you can focus on healing.
9) Keep you informed of the progress of your case.

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Options for Florida Spinal Cord Injury Patients

Published on: August 4, 2011 | By Flaxman Law Group

Many Florida spinal cord injury patients sustain their injuries as a result of a car accident. The force and impact of a car collision often causes extensive trauma to the entire body. Being ejected from the car or being tossed about inside of the car – often the result of not wearing a seat belt – can easily lead to brain injuries and spinal cord injuries as the body comes into violent contact with hard surfaces.

Florida spinal cord injury patients traditionally face many obstacles. Back injuries sustained in traffic accidents are often very serious, due to the impact of the accident. As well, spinal cord injuries are among the more expensive Florida car accident injuries to treat. Many patients have in excess of $100 000 in medical bills in their first year after their accident alone. This is because spinal cord injuries often require extended hospital stays, surgery, and other expensive treatment.

Florida spinal cord injury patients often face additional challenges after their accident, as well. For example, some of the treatments for spinal cord injuries – including rehabilitation work and home care – are not covered by health insurance. As well, car insurance is often capped far below what spinal cord injury patients will need to pay for their injuries, and since patients often cannot work after their injury, there are few resources available. Worse, in many cases spinal cord injuries are permanent, and require a lifetime of home care and medical treatment and represent a lifetime of lost income.

For all of these reasons, it is important to contact an experienced South Florida personal injury attorney soon after a serious car accident. A good attorney can investigate the accident, find all liable parties, and aggressively pursue all sources of recovery. This can make a tremendous impact on a spinal cord injury patient’s outcome. With financial resources in place, a back injury patient can get the support, medication, income, and medical care needed to make the best possible recovery.

There is also good news for Florida spinal cord injury patients. Traditionally, some patients have been treated with spinal fusion, which helps patients with herniated discs in the neck. While the treatment can be effective, it does usually require multiple surgeries and months of recovery. However, doctors as Bay Medical Center have been offering a new procedure for patients with herniated discs in the neck. The new procedure places an artificial disc in the neck and patients who have this procedure often enjoy a shorter recovery time and may not require repeat surgeries. Surgery takes about an hour and a half and currently the procedure is available for patients with only one damaged disc. The ideal patients for the surgery are under 50, in good general physical condition, and are non-smokers. Currently, only a few physicians offer the procedure in Florida.

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Dealing with a Florida Car Accident, and Preventing an Accident in the First Place

Published on: July 19, 2011 | By Flaxman Law Group

It makes sense to do everything in your power to avoid being in a Florida car accident. However, it is also important to be prepared – just in case. Sometimes, even when drivers do everything right, the mistakes or negligence of other drivers can lead to an accident. Luckily, there are many things you can do right now to prevent a car accident and to be more prepared in case the worst happens.

One important step to take is to place a few items in your glove compartment – just in case. In your glove compartment, you should have your registration and insurance card, in case you are in an accident. You should also have a list of emergency numbers and any information about any medical conditions you have. As well, a small first aid kit is a nice thing to have. Finally, place a paper and pen or pencil in your glove compartment, so that you can write down anything you need to after an accident. Having a camera is also nice, but not necessary.

Luckily, there are many things you can do to prevent an accident or accident-related injuries in the first place. Wearing your seatbelt and ensuring that all passengers wear age-appropriate restraints is an important first step to protecting yourself. Driving carefully and defensively is also an important way to prevent accidents.

If you are in a Florida car crash, you must stop at the scene of the accident. If the accident is minor, you can move your car off the road so that you do not block traffic and do not pose further danger to your passengers. Immediately call for medical assistance if anyone is injured. If you are not sure whether there is anyone injured, it is better to get possible victims evaluated.

Once everyone has received assistance, your next priority is to protect the site of the accident, which can help law enforcement officers determine what happened. Unless your car is creating danger or blocking traffic, leave it where it is. If you need to move your car, note where the car was at the time of the accident. Turn on your four-way flashers and lights to alter other drivers of a possible hazard. Notify police of the accident if needed and then exchange information (including names, addresses, and insurance information) with any other driver involved. Take note of any important details at the scene and take photos if you have a camera. Err on the side of taking more information than you need – you never know what detail will be important for an insurance company or attorney if you decide to pursue a claim. Take the names and numbers of any witnesses and note anything that may have in any way contributed to the accident.

If your accident has resulted in fatalities, injuries, or more than $500 in property damage, you will need to notify authorities of the accident. Stay with your car until police arrive and cooperate with the investigation. Speak with the investigating officer, but stick with the facts. Do not admit fault or discuss the accident in detail until you have a Florida personal injury attorney to advise you and to help you protect your rights. If insurance company investigators are at the scene, do not discuss the accident with them until you have a personal injury attorney, as a good attorney can help you protect your interests. In many cases, you can contact a Florida personal injury attorney – such as the Flaxman Law Group – right from the accident scene. Do not leave the scene of the accident until you have spoken to the investigating officers at the scene and they have allowed you to leave.

Once you have left the scene, see a doctor as soon as possible after the accident. This can help start document any injuries you may have sustained during the accident. If you have not done so already, consult with an attorney and notify your insurance company of the accident.

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Are No-Fault Laws Causing Staged Florida Car Accidents?

Published on: June 23, 2011 | By Flaxman Law Group

Twelve states, including Florida, have no-fault car insurance laws, which allow victims of car accidents to recover damages for car accident quickly through their own insurance companies. In exchange, claims are processed quickly but victims can only sue for suffering and pain in cases of severe accidents. These laws were created to ensure that victims – especially those without medical insurance – could recover money quickly. However, some experts claim that the laws are now broken and are contributing to insurance fraud.

In Florida, drivers must have car insurance to drive and this includes personal injury protection (PIP) coverage. This insurance covers the medical costs of the car’s drivers and passengers up to $10 000. According to the Consumer Federation of the Southeast, however, this coverage has created some unintended effects, so that Florida is now the nation’s leader in staged car accidents.

According to Walter Dartland of the Consumer Federation of the Southeast, the laws have allowed criminals to steal billions of dollars through staged Florida pedestrian accidents and car accidents – by claiming up to $10 000 at a time. The problem is so bad that experts claim organized crime is involved, sometimes going so far as to smuggle people into the US to take part in staged Florida car accidents.

According to the National Insurance Crime Bureau in Florida, the problem is not so much the law itself as the fact that the system gives people access to money – and anytime there is a possibility of attaining money, there will be a certain element interested in taking advantage of that. Another problem is that it is relatively easy to open a medical clinic in Florida. This allows criminals to work with unscrupulous medical professionals in order to stage Florida car accidents. According to investigators, some of the clinics opened for this purpose provide no medical help at all, but only bill insurance companies.

Florida law requires insurance carriers to pay victims within 30 days of a claim being filed. If insurers fail to pay, healthcare professionals and victims can start legal action against the insurer. In 2010, 2779 suspicious claims in Florida were forwarded to the National Insurance Crime Bureau by insurance companies. This represents a 119% jump in such suspicious cases between 2008 and 2010.

The effects of such fraud are serious. Insurance fraud costs Florida about $1 billion a year and increases the insurance costs for all drivers. In fact, the average family with two cars will pay $100 more annually to cover the losses the insurance industry loses to fraud. There are other, more serious, consequences as well. Even staged Florida car accidents can and do lead to real injuries. When someone stages an accident, they sometimes rear-end other cars or intentionally cause a small accident. Such accidents can still lead to serious brain injuries, whiplash, and other problems for victims. As well, insurance fraud casts doubt on everyone, including real victims of car accidents. Many Florida car accident victims with legitimate injuries find that they have a hard time convincing insurers of their injuries, simply because insurers now look at Florida claims with some built-in suspicion.

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