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Friday, 30 July 2010

Andrew L. Cameron

Andrew L. Cameron

232 Hillcrest Street
Orlando, Florida 32801
Office: (407) 426-7311
Fax: (407) 206-3653
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Personal Injury
Article Title Hits
Automobile and Motorcycle Accidents

Medical Expenses And Lost Wages
Automobile accidents in Florida are governed by the Florida "No Fault" law. Regardless of fault, the Personal Injury Protection (PIP) coverage of your insurance policy pays for the majority of your medical expenses and lost wages. If you meet the threshold requirements under Florida law, the at-fault driver will become responsible for damages not covered by your PIP benefits. Additionally, the at-fault driver may be required to compensate you for pain and suffering and future medical expenses. Until the threshold is met, the at-fault driver is only obligated to compensate you for property damage.

Property Damage
Florida Law requires that drivers carry property damage liability coverage. If you are involved in an automobile accident and the other driver was cited for causing the accident, the other driver's property damage coverage will pay for the damage to your vehicle. An insurance adjuster may contact you to examine your vehicle and determine the extent of the damages. Please note that the insurance company will repair or replace your vehicle based upon the value of a similar vehicle. The insurance company is not obligated to compensate you for extras contained in your vehicle or the amount owed on your vehicle beyond its book value.  You may also be entitled to compensation for the loss of the use of your vehicle and/or a rental car while your vehicle is being repaired. If the other driver does not have property damage coverage, or you feel that the adverse insurance company is not dealing with you in good faith, you have the option of using the collision coverage on your automobile insurance policy. However, the majority of policies with collision coverage have a deductible of $100.00, $250.00, $500.00 or more. This means that you must pay this amount out of your pocket before your insurance company will cover any additional damage to your vehicle. It is a good idea to get two or three independent estimates for the repair of your vehicle to have a reference point when dealing with the insurance examiners.  Most body shops will give you a free repair estimate.

The Other Driver Is Not Insured
If the at-fault driver does not have bodily injury coverage, you may be able to obtain benefits through your own uninsured/underinsured motorist (UM) coverage. This coverage is available through your insurance company for an additional premium. Florida Law only requires that drivers carry property damage liability coverage and no-fault personal injury protection coverage. Therefore, accepting UM coverage on your policy will protect you against drivers who have either no bodily injury or insufficient bodily injury coverage. If the at-fault driver is uninsured or if his coverage is insufficient to compensate you for your injuries, your UM coverage will step in to compensate you.

Resolving Your Automobile Claim
Once you begin to experience complaints of pain, it is in your best interest, both legally and medically, to obtain a medical evaluation from a physician with whom you feel comfortable. It will be necessary for you to treat with your physician and follow his recommendations for treatment, including referrals for tests and second opinions. Your doctor will chart your progress through your medical records, as well as documenting the history of your injury-causing accident as you have described it to him. Your doctor can also document his diagnosis of your condition, as well as his prognosis of your future medical condition and recommended treatment. It will be necessary for you to treat with a physician until you reach the point of maximum medical improvement (MMI).  MMI is the point where your doctor has determined within a reasonable degree of medical certainty that your condition has stabilized to the extent that you have gotten as well as you will get. At this time, your doctor will be able to write a report which outlines his treatment and his prognosis for your future medical condition. Your doctor will also use the Guides to the Evaluation of Permanent Impairment published by the American Medical Association to assign an impairment rating to your injuries. This will permit non-medical individuals, such as attorneys and insurance adjusters, to understand the degree to which you have sustained a permanent injury. Under Florida Law, you must be assigned at least a 1% permanent impairment in order to make a recovery for pain and suffering damage from the at-fault party. Should you be unable to obtain a settlement from the insurance company, you have the alternative of filing a lawsuit against the adverse driver and, if not settled during the litigation process, bringing your claim before a jury to award damages.

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Dog Bites

Dog bite cases, unlike other negligence cases, carry a strict liability standard of proof.  Under this burden of proof, if a dog bites you, the dog's owner is responsible for your injury without the necessity of proving that the owner was negligent in the supervision of his/her dog. When a dog attacks a person, the resultant injuries can sometimes be severe, requiring emergency and ongoing medical treatment. Scars and disfigurement can occur in serious cases, and in the worst scenarios, victims may be killed.

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How Safe is Playground Equipment?

by Frank Smith

in Law / Personal Injury (submitted 2010-04-05)

Playgrounds are an important part of every child's life and there's no question that they have benefits for both exercise and social development. But every year there are over 200,000 playground injuries reported mostly related to falls. Playground injuries are mostly the result of faulty equipment, dangerous ground surfaces and plain bad judgement on the part of the child.

You can't completely prevent all playground scrapes and bruises but you can minimize the risk of serious injury by making sure the playground your kid hangs out at is designed for safety.

Playground Equipment That Is Not Considered Safe

The National Program for Playground Safety has devised a detailed guideline of what constitutes a safe playground and what equipment and conditions are unsafe. Equipment that should not be used on a playground includes animal figure swings, any equipment that has a hanging rope, gliders that seat more than one child, exercise rings (like those used in gymnastics), monkey bars and trampolines.

In addition the surface of the playground is important as well. Generally speaking it should be soft and giving to lessen the impact should a child trip or fall. Asphalt and gravel are not safe surfaces for playgrounds.

How To Make A Playground Safe

Probably the biggest thing that can be done to prevent accidents is to ensure there is sufficient supervision. Teach your kids how to play safely. Controlling dangerous behaviour can eliminate many of the playground injuries.

In addition, the playground has to have regular maintenance. Equipment has to be serviced and the grounds have to be kept clear of debris. Spacing is another consideration. If the equipment is crammed onto the site there is an excellent chance of injury particularly around items that move like swings.

Fresh air, exercise and just having fun are important to every kid's development. With a little common sense and a properly designed and maintained playground, your kid can enjoy all this and do it without getting hurt.

This article is for informational purposes only, not legal advice.

About the Author

Visit Ken Allen and Associates of Valparaiso, Indiana for school safety information.

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Medical Malpractice

Although hospitals and doctors intend to help patients, sometimes they make mistakes that harm patients instead. When a medical professional acts negligently, there may be serious consequences for the victim. Physicians are expected to uphold certain standards of care according to the law, and when these standards are breached, the doctor may be guilty of medical malpractice. If medical malpractice in Florida has resulted in injury to you or a loved one, you need and deserve compensation.

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PIP

Covering:
80% of all reasonable expenses for necessary medical, surgical, x-rays, dental, ambulance, hospital, nursing and rehabilitative services.
60% of actual loss income and loss of earning capacity
100% of replacement services (i.e.. lawn service, maid service, etc.)
$5,000.00 maximum funeral benefit (deductible does not apply)
Many PIP policies also include extended medical payments coverage for the 20% of medical bills not covered by a standard PIP policy.  Alternatively, some policies contain a deductible on PIP coverage's rendering the insured responsible for the first $2,000.00 of covered bills.

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Premise Liability

If you are injured through the negligence of another which did not involve an automobile collision it is not enough that you be injured on another's premises. Rather, it is necessary that you be able to prove that the dangerous condition that caused your injury (such as water on the floor) was present for a sufficient period of time that whoever was in control of the premises ignored the danger or failed to keep a reasonable lookout for the danger which caused your injury. Unlike automobile cases, these premises liability cases carry no permanent impairment threshold requirement before you may be eligible to collect pain and suffering damages. Consequently, it is not necessary to prove that you have sustained a permanent impairment of any kind.  Nevertheless, it is important that you treat with a qualified physician or physicians who will be in a position to evaluate and document your injury.

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Products Liability

You trust manufacturers with your safety every time you use their products. Manufacturers, retailers, distributors, and sellers have a legal responsibility to protect the consumers who use their products from harm. When a product causes injury due to defective parts, improper labeling, or other forms of negligence, the manufacturer and other parties may be legally liable. If you have been injured by an unsafe or defective product in the Central Florida area, you may have a legal right to compensation.

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Slip/Trip and Falls

Slips and falls can be scary and can lead to serious injuries in some cases. People who slip and fall on another person's property due to unsafe conditions may be eligible for compensation due to personal injury. Property owners are responsible for keeping their premises safe and for warning visitors of any potential hazards.

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Wrongful Deaths

When you lose a loved one due to the negligent or wrongful behavior of another, medical and funeral costs, mental anguish, loss of future income and loss of companionship are just some of the challenges you may be facing.

Florida laws regarding claims made on an individual's behalf following his or her death contain many requirements which are time sensitive. Although exploring the cause of a loved one's death may be the most difficult, it is important to discuss these matters with an experienced attorney to ensure that any claims are properly preserved.

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