Car Accidents Slip and Falls Motorcycle Accidents Medical Malpractice Nursing Home Abuse
April 22, 2014

Daytona Motorcycle Accidents Increased During This Year's Bike Week

Administrators of the Halifax Health Medical Center in Daytona Beach prepare each year during Bike Week for an influx of motorcycle accident victims who need care at the facility with the area's only trauma center.
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But this year, emergency room personnel say it was busier than last, with 50 Bike Week-related trauma admissions and two deaths. That represents a 14 percent increase of injuries and a 100 percent increase in deaths as compared to the wreckage tallied in the aftermath of the 2013 Daytona Bike Week.

Daytona motorcycle injury lawyers know the figures could be up simply by chance, but there is at least one more hypothesis regarding the spike: It was a bitterly cold winter. That means many northern motorcycle enthusiasts were largely off the roads during that time. That likely meant more than usual were eager to make the trip.

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April 15, 2014

Daytona Car Accidents: Parents Key to Teen Drunk Driving Prevention

With spring in full swing, high school seniors are preparing for prom, graduation celebrations and one last summer of fun before embarking on the next chapter of their lives.
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What parents may not realize is that these gatherings often involve alcohol consumption. Numerous studies have shown that teenagers are more prone to dangerous binge drinking than those in other age groups.

As April is Alcohol Awareness Month, our Daytona car accident attorneys intend to drive home the point that parents must initiate a conversation on this topic, especially as it pertains to youthful drivers getting behind the wheel after drinking.

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April 13, 2014

Daytona Car Accident Lawyers Support Distracted Driving Month

April is Distracted Driving Awareness Month, and our Daytona car accident lawyers believe it's an appropriate time to highlight the potential dangers of this all-too-common behavior behind the wheel.
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Authorities with the Florida Highway Patrol report that last year, there were 39,000 crashes in Florida attributed to a driver who was distracted. Those wrecks resulted in 33,000 injuries and at least 201 deaths. It's worth noting that these are probably low estimates, as distraction is difficult to gauge post-crash.

Distraction is most often discussed with smart phone use, and it's true that this is one of the biggest distractions luring driver attention from the road. But distraction can also include eating, applying makeup, adjusting the radio, turning to attend to a child in the back seat or wrangling with a pet. Taking your eyes off the road for even a second can be deadly.

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March 24, 2014

Daytona Slip-and-Fall Claims - Serious Injuries & Complex Cases

A woman who suffered serious injuries after falling on a school sidewalk while leaving a graduation ceremony is being given a chance by the Georgia Supreme Court to continue pursuing her claim, following an initial denial.
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While so-called "slip-and-fall" lawsuits have gained a bad reputation as being a vehicle of the overly-litigious, the case of Austin v. Clark reveals just how quickly these incidents occur - through no fault of your own - and how extensive and lasting the resulting injuries and disabilities. In addition to lacerations and fractures, a fall can result in spinal damage, hip and joint injury, and even severe brain injuries.

Our Daytona Beach injury lawyers know it was skewed perception that drove a change in Florida's law back in 2010. Effectively, the law shifts a greater burden of proof onto the plaintiff, making the cases harder to win. That doesn't mean they aren't worth pursuing, particularly if you've sustained serious injuries. But it does mean you need an experienced injury lawyer if you hope to be appropriately compensated.

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March 22, 2014

Florida Supreme Court: Medical Malpractice Damage Caps Unconstitutional

Non-economic damage caps for medical malpractice deaths are unconstitutional, the Florida Supreme Court has ruled in the case of McCall v. U.S..
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The 96-page opinion, which strikes down a 2003 law, is being heralded by victims' rights advocates, Daytona Beach medical malpractice lawyers and families of those who have been lost. What it means is that those who have been grievously injured will once again have the opportunity to seek fair compensation.

Although the ruling was split 5-2, Justice R. Fred Lewis, writing for the majority, was clear in his disdain for the measure, which he said has had the effect of saving a modest amount of money for the insurance and medical industries, while imposing devastating costs on the few who have suffered the most.

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March 16, 2014

Daytona Beach Bicycle Accidents a Spring Safety Focus as Deep South Labeled Most Dangerous

If you ride a bicycle in Florida, you are more likely to be injured or killed in a crash than if you took up the same activity in any other state.
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Florida has consistently ranked No. 1 for bicycle fatalities for years, with 2011 statistics from the National Highway Traffic Safety Administration revealing a fatality rate of 6.56 per 1 million population. The national average is 2.17 per 1 million people.

But our Daytona Beach bicycle accident lawyers recognize the problem isn't solely Florida or even drivers in Florida. An in-depth report recently published in "The Atlantic" reveals that the deep south in general is a dangerous place for both cyclists and pedestrians - and the problem is only likely to get worse unless we make some real changes.

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March 13, 2014

Daytona Beach Boat Accidents a Risk During Spring Break

Spring break kicks off at the height of Florida boating season, and people flock from across the country to enjoy the waves of the Atlantic off the shores of Daytona Beach.
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But the seemingly carefree beauty belies a real danger. In 2012, there were more than 700 boating accidents reported by the Florida Fish & Wildlife Conservation Commission. Those incidents resulted in nearly 400 injuries and some 55 deaths.

Our Daytona Beach boating accident attorneys note the period from January to March tends to have a disproportionate number of deaths. March is when boating activities start to pick up. In fact, March had the second-highest number of boating fatalities in Florida (9 versus 10 in July). People are excited to be back on the water. They drink. They get careless. Rental companies may fail to take proper precautions. Accidents unfold.

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March 8, 2014

One-Third of Nursing Home Patients Harmed in Treatment

Allegations of improper care and mistreatment in several for-profit Florida nursing homes managed by a Chicago politician may tank his public office ambitions, but it's worth noting that such incidents are unfortunately not all that rare.
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In fact, a new report by ProPublica reveals that approximately one out of every three nursing home patients will suffer some type of harm related to their treatment. The most common instances involve medication errors and infections, though abuse and neglect also occur with a degree of regularity.

Citing data from Medicare's Office of the Inspector General, the report indicates that in a single month, more than 22,000 patients of skilled nursing facilities were injured and another 1,500 died - which is a far higher rate than what our Daytona Beach injury lawyers see resulting from medical errors at hospitals.

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March 5, 2014

Daytona Beach Motorcycle Accidents a Risk as Bike Week 2014 Begins

Throngs of motorcycle riders from across the country have descended on Daytona Beach for the 73rd Annual Bike Week, which runs March 7 through March 16.
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Our Daytona Beach motorcycle accident lawyers want to wish everyone a great week, and encourage everyone who shares the road to exercise a greater degree of caution as we anticipate an additional 500,000 to 600,000 motorcyclists navigating our city streets this year.

The 10-day rally kicks off Friday, and locals would do well to remember that the event generates and estimated $35 million in yearly spending in Volusia County -- more even than the Daytona 500 NASCAR race.

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March 2, 2014

Failure to Secure Load Results in Fatal Florida Trucking Incident

Two motorcyclists were killed just outside the Daytona Beach area, in Seminole County. A spool of electrical wire streaming unsecured from a truck came loose and struck the pair on State Road 415.
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The two riders, both in their mid-50s, were thrown from the motorcycle, which subsequently caught fire. The trucker, from Daytona Beach, did not stop after the crash, according to troopers. It is believed that the electrical wire was not properly secured to the truck, resulting in the motorcycle accident.

truck accident attorneys in Daytona Beach know that both commercial and private truck drivers have a responsibility to properly secure their loads. While some counties make a point to advertise this as a litter reduction strategy, the reality is that failure to do so can be deadly, as this case tragically reveals.

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February 26, 2014

Third-Party Liability in Florida Work Injury Cases

In most Florida work injury claims, the worker is precluded from filing a personal injury lawsuit against his or her employer because of the state's workers' compensation laws.
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However, there are some situations in which it may be appropriate to explore third-party liability for employee injuries in Daytona Beach. A worker's direct employer is largely immune from personal injury and wrongful death liability, but a duty of care may have been owed by the owner of the building, the site manager and general contractor, subcontractors or other involved parties.

Fabrizi v. 1095 Ave. of the Ams., LLC,, recently reviewed by the New York Court of Appeals, illustrates the point.

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February 20, 2014

OC Accident Victim Didn't Engage in Fraud on Court

An Orange County car crash victim will now have his day in court after being absolved of hiding from defense lawyers a back injury suffered in an earlier automobile accident.

The Florida Court of Appeal in Daytona Beach recently decided that the young man did not commit "fraud on the court" in responding to defense questions about his accident and injury history in his negligence case.crash-car-748825-m.jpg

Our Daytona Beach car accident attorneys are experienced in handling the negligence claims of the victims of automobile crashes. This case illustrates the effort and resources insurance companies and their attorneys will expend in defending themselves against personal injury or wrongful death lawsuits.

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February 5, 2014

Daytona Bike Week And Motorcycle Safety

Almost every motorcycle rider with any degree of experience can recall that one time that they narrowly avoided serious injury. motorbikefootprint.jpg

One 23-year-old Florida woman recently recalled to a reporter that for her, it was that time a tractor-trailer truck cut in front of her as she rode her pink Yamaha. She swerved. She survived.

Our Daytona Beach motorcycle injury attorneys know not everyone is so lucky. As we near the 73rd Annual Daytona Beach Bike Week, concern for motorcycle rider safety takes a front seat.

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January 30, 2014

Daytona Beach Prepares for 73rd Annual Bike Week

Daytona Beach Bike Week may be more than 70 years-old, but it seems as though it's just getting started.
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Come March, this will be the place to be for avid motorcycle riders from across the country. It is the No. 1 annual biker destination in the U.S.

As enthusiastic supporters of motorcycle rights and rider safety initiatives, our Daytona Beach motorcycle injury lawyers are anticipating some 500,000 to 600,000 leather-clad riders will hit the region from March 7 through March 16.

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January 25, 2014

Wolf v. Sam's East - Florida Premises Liability May Not Extend to All Areas of Property

Generally speaking, property owners - particularly those who invite the public onto their premises - have a responsibility to ensure the grounds are safe and free of foreseeable hazards. This is their legal duty.
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A breach of this duty may be ample grounds upon which to file a Daytona Beach premises liability claim.

However, as the Florida District Court of Appeals for the Fourth District recently ruled in Wolf v. Sam's East,, the duty of the property owner may not extend to all areas of the property.

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