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Accidents that May Result in Traumatic Brain Injuries

Every year, approximately 2.6 million people suffer because of some type of brain injury in the United States. There are several reasons for this type of injury, including a tumor, stroke, trauma or another illness. Of those 2.6 million victims, 52,000 die each year due to a traumatic brain injury (TBI) and more than five million who have suffered this injury require some type of ongoing assistance in handling day to day tasks.

Accidents leading to TBI

Not only are TBIs dangerous because they can result in death, but they can also be associated with a number of serious symptoms, some that persist for several years after the injury has occurred. As a result, brain injuries are an extremely serious health concern and everyone needs to know what dangers they pose.

If you or someone you love is a victim of a TBI, you should contact a personal injury attorney for help. They can review your case and determine if you have grounds for a lawsuit.

Some of the most common accidents that result in TBI injuries are found here.

Car Accidents

When you are involved in a vehicle accident, your vehicle will stop abruptly. This can cause those inside the vehicle to be thrown the opposite way they were originally traveling. This type of violent action can cause individuals to hit their heads on anything in the vehicle, such as the center console, windows, steering wheel and dashboard.

Motorcycle and Bicycle Accidents

Riding a motorcycle or bicycle is much more dangerous than being in a traditional passenger vehicle. This is because motorcycles and bikes don’t offer very many safety features. Instead, a rider is left out in the open and exposed to the elements. This means the rider’s head may potentially hit the pavement if they are thrown from the bike.

Slips and Falls

If a person slips and falls, they are going to become a victim of gravity. This is what will determine the part of the body that takes the main force of the blow. If the individual falls on a hard surface, then their head may strike it and result in a TBI. This is a serious concern for everyone, but especially the elderly and small children since these individuals are the ones who are least stable while on their feet.

Boating Accidents

Boating and vehicle accidents are similar in how they occur. The impact will result in those inside the boat being thrown in the opposite direction of the way they were heading. A head injury may also occur on a boat because of the back and forth rocking motion in the water.

If you have suffered a TBI, or someone you love has been a victim of this injury, it is imperative that you contact a personal injury attorney for help right away. They can review the facts of your situation to ensure your rights are protected. Learn more about TBIs and the damage they can cause by contacting the personal injury attorneys at Fetterman & Associates by calling 561-845-2510.

Child Passenger Safety and Personal Injury Claims

According to the Centers for Disease Control and Prevention (CDC), in the United States, a leading cause of death among children is motor vehicle injuries. In 2015 alone, 663 children under the age of 12 died as occupants in car crashes – 35% were not buckled up.

Child Passenger Safety

Over 121,350 children were injured in motor vehicle crashes in 2014. In one CDC study, it was found that over 618,000 children between the ages of 0 and 12 years rode in vehicles or cars without a booster seat, seat belt, or child safety seat at least some of the time. This is a frightening statistic, and the worst part is that it is so easily preventable.

Tips on Child Passenger Safety

Parents should be aware of ways to keep their children safe while traveling in a vehicle. Here is a brief look at some crucial child passenger safety tips to make sure that your child is always secure when you are driving:

  • Make sure that you read the National Safety Council’s position statements on child restraints. Child passenger safety among different modes of transportation is addressed in the statement.
  • You should take advantage of car safety checks that are held across the United States during National Seat Check.
  • If you are pregnant, it is critical to schedule a car seat installation with a certified technician to make sure that you understand child passenger safety before your baby is born.
  • If you have children under 12 years of age, make sure that they ride in the backseat at least through age 12.
  • If your children complain about strapping on a seatbelt, make sure that you never negotiate. Do not start your car until they are buckled up.
  • As a parent, you need to be consistent at all times and wear your seatbelt. Using the driver safety belt has a strong influence on whether or not your child will wear their safety belt.
  • You should keep in mind that all 50 states require child seats with specific criteria. Make sure that you go through your state’s list of child passenger safety laws.
  • The life of a car seat is typically from 6 to 8 years. Make sure that you read about recalls for manufacturers of child seats for at least the past 10 years and keep yourself well informed.
  • Always remember that while airbags can save the lives of older children, and of course adults, they can be highly dangerous, even fatal, for young children.
  • Make sure that you use the LATCH (Lower Anchors and Tethers for Children) seat belt or restraint system to install the car seat in your car and firmly secure forward-facing car seats using the top tether.
  • Register your booster seat and car seat at gov so you will always be informed if your model has a safety recall.
  • You should make it a point to visit your local car seat inspection station so that your seat is properly checked by a Certified Child Passenger Safety Technician.

If you have a child, it is unnecessary to say that their safety inside your vehicle should always come first. Following these child passenger safety tips will help ensure this, and keep your little ones safe and sound when you are driving.

Taking Legal Action for Your Child’s Injury in a Car Accident

If your child is injured in a motor vehicle crash caused by another person’s negligence or carelessness, you should take legal action. Filing a personal injury claim will help you obtain compensation for the injuries your child has suffered. Some accidents can cause traumatic brain injury (TBI), spinal injury, paralysis, and more. Be sure to document all details regarding the accident in order to file for compensation.

When you file a personal injury claim or suit, you may be able to get compensation to make sure that your child receives the required treatment, care, and medications they need for their injuries. You may also be able to get compensation for other damages such as pain and suffering, damage to property, and so on.

If your child has been injured in a car accident, you should immediately consult the reliable personal injury attorneys at Fetterman & Associates. We have a team of highly skilled lawyers who specialize in personal injury claims. Call us at 561-845-2510 for a free consultation today.

Proving Intervening Cause in a Florida Injury Case

Florida Injury CaseWhen a personal injury lawsuit is filed in the state of Florida, the plaintiff – along with the help of their personal injury attorney – has to prove particular facts before they are awarded compensation for the injuries they suffered. The elements that have to be proven will depend on the type of case it is; however, some universal factors are required for all personal injury cases in Florida.

One of the most common – yet often contested – elements in any personal injury case in Florida is the element of causation. This requires that a plaintiff proves that the actions of the defendant were the direct cause of the injuries they sustained. While, in theory, this may sound simple, it is not always a straightforward process.

An Important Example

In a recent case in Florida, the plaintiff in a personal injury suit was riding a motorcycle on the highway. Upon rounding a curve, he came upon an accident with no warning and was not able to stop safely, resulting in another accident. As a result, the motorcyclist sustained severe injuries.

The plaintiff filed a personal injury suit against the person who caused the accident resulting in the crash. The driver was intoxicated and lost control of his vehicle while speeding. The initial accident took place about an hour and a half before the motorcyclist arrived.

The driver of the initial accident passed away, but according to defense from his estate, the negligence of the initial motorist was too attenuated for it to be considered the cause of the injuries to the plaintiff. Also, the estate made clear that it was the highway patrol that did not warn approaching motorists of the accident ahead.

The Court’s Ruling

The court finally ruled that the deceased motorist was not responsible for the plaintiff’s injuries. While, in most cases, if a certain party had set in motion certain events that led to injuries, they would be held responsible, this was not true for this particular case. The continuous and natural sequence of the connection between the injury and the negligent conduct had been broken, which meant that the original wrongdoer was no longer considered liable.

In this particular case, it was determined that it was the highway patrol that failed to warn of the accident, which is what caused the motorcyclist to be involved in a crash.

What to Do if You are Involved in a Motorcycle Accident?

If you have suffered an injury in a motorcycle accident, or a loved one has been killed in this type of situation, you need to contact a personal injury attorney. They can review the facts of the case to determine if you should be given compensation. If so, they will work to prove who is liable and who owes you for your injuries and damage.

To learn more or speak to someone about the questions you may have, contact the motorcycle accident attorneys at Fetterman & Associates by calling 561-845-2510. Being informed is the best way to know when legal help could benefit you.

Court-Imposed Sanctions in Place for Not Complying with a Discovery Request

If a person or party files a personal injury lawsuit against someone or another entity, the case will move through several different stages until it ultimately goes to trial. An essential and contentious phase of a personal injury lawsuit occurs during the pre-trial discovery phase.

Court Imposed Sanctions

During this phase, the parties are making requests for certain types of evidence from the other party. It is only possible for one party to request evidence that is relevant to the case or that may give rise to finding other relevant information. After a request for evidence is made, the judge will make a ruling on the request. If it is ruled that the material requested is released, then the party that has the evidence is required – by law – to provide it. If the party does not comply, then it may result in sanctions.

What are Sanctions?

The sanctions related to violating a pre-trial discovery will vary, based on the type and the severity of the violation. It is not completely unheard of for a court to dismiss a person’s case if they withhold evidence from the other party. If evidence is withheld, then the court may prevent other evidence from being introduced, or they may impose a fine. However, the fine that is imposed is only able to be for the actual fees the plaintiff spent because of the defendant’s purposeful bad faith.

Here you can learn about a recent case seen in the U.S. Supreme Court that helps to illustrate this concept.

The Case’s Facts

The plaintiff in this particular case wound up filing a product liability lawsuit against the Goodyear Company after one of their tires blew on the individual’s motorhome. During the course of the discovery process, the plaintiff requested any results from tests that the company had done on the tire in question. Goodyear took too much time to respond to the request and wound up admitting that there were no tests done. Before the case went to trail, it was settled.

Several months after the settlement was agreed upon, it was discovered that tests had been done on the tire and that Goodyear intentionally hid the results. At this point, the plaintiffs asked the court to impose discovery sanctions, which wound up being a fine of $2.7 million, which was what the plaintiff had to spend on legal fees.

Reversing of Both Fines by the Supreme Court

Because neither party complied with the law, the Supreme Court reversed the imposed fines. The court gave the explanation that the plaintiffs should only receive compensation for the costs that were related to the bad faith. As a result, the lower court had to calculate the costs that were actually incurred by the plaintiffs.

If you are injured in an accident and believe the other party is acting in bad faith, then it is a good idea to hire a personal injury attorney. They can help protect your rights. More information about these cases can be found by contacting the attorneys at Fetterman & Associates by calling 561-845-2510.

Bounce House Injuries: Who’s Liable?

There are more than a few videos circulating online of bounce houses uprooting and rolling across the ground, floating over houses and carrying small children away. These horrifying videos alone are enough to keep some parents from letting their kids jump in these inflated death traps.

However, the popularity of bounce houses is going up. With this increased popularity comes the increased risks of serious injuries. While the potential of these types of accidents is extremely low, it is still there, and if your child is injured, you may wonder who is liable.

Bounce House InjuriesDetermining Liability in Bounce House Accidents

When a question of liability comes up, it has to be determined if the child suffered an injury because of negligence. Liability depends on several factors, including:

  • How the injury happened
  • Who was in charge of supervising the children
  • What type of contract was in effect between the renter and the company
  • If the safety guidelines for use were provided and followed
  • If potentially dangerous weather conditions could have been anticipated

The family of the injured child has to be able to prove that one, or several, of the parties who were responsible, didn’t act with a reasonable level of care and that those actions or the lack of action caused the injury.

Hiring an Attorney to Help

If your child was injured because of a bouncy house and you believe that the injury resulted because someone acted in a negligent manner, then it is best to contact a personal injury attorney for assistance. The attorney can investigate the cause of the accident and determine if negligence occurred. In many cases, it can be difficult to determine whether or not negligence was a factor by speaking with an attorney.

Preventing Bounce House Injuries

It takes planning and attention to detail to ensure a happy and safe bounce house experience for children. If a child is injured, regardless of if reasonable care was used by the supervisor or operator to prevent the accident and resulting injury will determine whether or not liability exists. If the company or person should have reasonably understood that an accident may occur but did nothing, then that person or company may be found liable for the damages and injuries that occurred.

There are a number of factors and considerations to make when it comes to proving negligence in a bounce house. It can be an extremely involved process that may require an extensive investigation. If you or someone you love has suffered an injury in a bounce house, because of the negligence of another person, then you may be entitled to monetary compensation. Don’t wait to take action, as the time you have to file a claim is limited.

If you are ready to have your case reviewed, contact the attorneys at Fetterman & Associates PA by calling (561) 845-2510. Knowing your rights and having an attorney to help you with the case will pay off and help you acquire the compensation you deserve.

Top 5 Questions and Answers about Swimming Pool Injuries

For many people, summertime means pool time. Regardless of if that means taking the tarp off your pool in the backyard and inviting all your friends over or taking your children to the public pool, you are likely going to be spending quite a bit of time in and near the water. When you are spending quite a bit of time somewhere, injuries and accidents are bound to happen. The question you may have is whose fault is an injury if it occurs at the pool? Also, who’s liable for the injuries you suffer?

Swimming Pool Injuries

Swimming pools have a unique place in the realm of injury law and can provide a number of unique challenges for owners and those who are injured at a pool. As a result, people likely have quite a few questions about their rights and responsibilities. The top five asked questions (and answers) are found here.

When a pool accident occurs, what laws apply?

Because such a large number of people have pools and there are so many accidents related to pools each year, there are certain injury laws in place that only apply to the swimming pools. Also, there are laws that apply specifically to private pools, as well as specific laws that apply to public pools. If you are unsure of the laws that apply to your situation, then it is best contact a personal injury attorney for clarification.

Can you sue if you slip and fall while at the pool?

If you are hurt while at a pool, the pool owner should be responsible for compensating you for the injuries you have suffered. Unfortunately, not all cases are as cut and dry. You have to prove that the pool owner acted negligent, which is often more complicated than you think.

Do you have a swimming pool that is an attractive nuisance?

This is a phrase that most people aren’t too familiar with. However, when it comes to owning a pool, if you have an “attractive nuisance” on your property, it may result in thousands or even millions of dollars in legal liability. The good news is, there are steps you can take to protect yourself, which an attorney can explain.

If your neighbors build a pool is it necessary for them to put up a fence?

An important part of having an attractive nuisance is taking the proper steps to prevent potential injuries. There are several court precedents and state statutes that require pool owners to put a fence up around their pool to help prevent children from wandering near it and getting hurt.

Are the hotel liability waivers for swimming pools enforceable?

You may find this type of language present in the paperwork you fill out when you check-in or at the pool there may be a single sign, but you may wonder of just stating the hotel isn’t liable for injuries at the pool is enough. This is a touchy subject and depends on several factors. An attorney can help you better understand your rights.

If you have more questions about injuries at swimming pools, then you should contact a personal injury attorney. You can call the attorneys at Fetterman & Associates, PA at 561-449-2372 to ask any questions you may have.

Helpful Information Related to Suing for Injuries at Big Box Stores

If you suffer an injury because of another person’s negligence while you are shopping at a big box store, you may be wondering what you should do to recover damages. There are several factors that must be taken into consideration to determine this. For example, how did the injury occur? If it is clear that the big box store was negligent or at fault, then it may be possible to negotiate a settlement with the organization’s claims representative. However, if the claim is not as obvious, then you may need to hire a premises liability attorney to help prove your case.

Injuries at Big Box Stores

When it comes to big box store lawsuits, Walmart tops the charts regarding how many of these they face annually. Even though it is somewhat difficult to track down recent statistics, at one point in time, the store was facing more than 5,000 new cases each year, which equates to 13 new lawsuits every day.

Around and In a Big Box Store

Big box stores usually have some type of internal procedure they have to follow to document an injury that occurs on the premises. In most cases, this process will include the store management gathering information about how the injury took place and collecting information from witnesses. If the injury is serious, then the store may have the person transported by an ambulance or treated by the paramedics at the location. Remember, if you are in this situation, it is a good idea to focus on your safety and health first, and then a lawsuit.

Lawsuits that arise from slip and fall injuries in big box stores are actually pretty common. Keep in mind, not all injuries result because of negligence or the fault of another person or entity.

Delivery Driver or Product Liability

While big box stores have to face lawsuits from customers who are injured while on-site, there are other ways that lawsuits may occur as well. For example, dangerous products and delivery driver’s accidents may also occur. For example, the famous comedian Tracy Morgan was involved in a serious bus accident with a Walmart delivery truck. This resulted in a rare settlement from Walmart that equated to almost $100 million.

Proving Your Big Box Liability Case

Premises liability claims can be complex, and the law is often confusing. If you are in a situation where you suffered an injury while shopping at a big box store, the best thing you can do is hire a personal injury attorney. They can review the facts of your case and help to ensure you recover the damages you deserve for the injuries you suffered. It is not a good idea to try and handle the lawsuit process on your own.

To learn more about premises liability cases at big box stores, contact the personal injury attorneys at Fetterman & Associations, PA by calling 561-449-2372. You can have your case evaluated at no charge to see if you should pursue a lawsuit.

Understanding the 5 Common Injuries in Car Accidents

There are some type of injuries that occur in a car accident that requires emergency medical attention. This is true for injuries to the spinal cord, limbs or head, which often require surgical procedures or a team of doctors and extended hospitalization.

Common-Injuries-in-Car-Accidents

When this type of injury occurs, you should not put off getting to the doctor. Even if the symptoms aren’t severe right away, they may get worse as time passes. Once you have been treated, it is also a good idea to contact a personal injury attorney in Florida if the accident and subsequent injuries occurred because of someone else’s negligent or wrongful action.

The five most common car-related accidents are listed here.

Neck Injuries

The most common type of neck injury that occurs in a car accident is whiplash. This occurs when a collision results in the head jerking suddenly to the side or forward. This puts a significant amount of pressure on the ligaments in the neck, which can cause sprains or strains. In many cases, whiplash injuries will resolve on their own as time passes.

However, more serious neck injuries may occur during car accidents, such as disc herniation. If this happens, the victim many require extensive bouts of physical therapy or surgery.

Knee and Leg Injuries

If you are like most people, when you think of injuries in a car accident, you may only think about the upper body. However, serious accidents often cause leg and knee injuries, as well. This is usually because the car is smashed and the passenger or driver suffers bruises, cuts or broken bones. The knees are particularly prone to dislocation and tearing, but injuries to the toes and ankles may also occur.

Broken Bones

If you break a bone, emergency care is necessary. Some broken bones can be repaired with casts; however, others are going to require surgery and time spent in the hospital. This is typically determined by the bones that are broken, as well as how many pieces the bones have broken into.

Back Injuries

Injuries to your spine and back can be extremely delicate. While smaller injuries such as disc dislocations and strains may only require supportive care, if blunt force is a factor, then it may lead to the loss of mobility and chronic pain.

Concussions and Other Head Injuries

A concussion occurs if your brain is shaken severely inside your skull. This often occurs if you hit your head on something solid, such as the steering wheel or a window during a collision. However, this injury can also occur without your head coming in contact with a surface. If the collision is more severe, then you may also suffer a traumatic brain injury that requires surgery and other extensive treatments.

If you have been involved in a car accident and suffered one of the injuries here due to the fault of another person, then hiring a Florida car accident lawyer is a smart move. The attorneys at Fetterman & Associates can be reached by calling 561-666-9850

Are Expert Witnesses Necessary in Personal Injury Cases?

Personal Injury CasesIf you have recently suffered an injury in Florida because of someone else’s negligence, then you may have questions about how your personal injury attorney will prepare your defense strategy. One strategy that your Florida personal injury attorney may use is hiring an expert witness.

Learn more about expert witnesses and why they may be beneficial for an accident case here.

Who is Considered an Expert Witness?

Hiring a doctor, nurse or economist may be helpful when presenting testimony in court. This individual can speak on how the accident took place, or the injuries that you sustained because of it. In a personal injury case in Florida, the plaintiff has to prove that the other party was negligent, which resulted in the injuries sustained by the victim.

Accident reconstruction specialists may testify as expert witnesses to show negligence occurred. This can help the plaintiff’s case as they are trying to prove who was responsible for their injuries. Additionally, an expert witness may be hired to evaluate the victim’s medical records or testify to the severity of their injuries and how they may impact the person in the long term.

Proving Injury Severity

A crucial part of any personal injury case in Florida is being able to show the extent of the injuries the victim has suffered and how this may cost the person in the future. There are some severe injuries, such as traumatic brain injuries or paralysis that can be extremely expensive, even if the victim has full medical coverage.

The attorney for the other side may try to argue that the injuries the person sustained occurred from a past accident or that they are the victim’s fault, or that the severity has been overstated. This is one of the main reasons that an attorney may recommend hiring an expert witness. This person’s testimony will add to the strength of the argument.

Selecting the Expert Witness

The process of choosing an expert witness is important and one that needs to be handled with care. It is necessary for a person to evaluate the testimony from the potential witness to ensure what they are going to say is beneficial.

The fact is, the expert witness can have a significant amount of impact on the outcome of the case. The testimony from the victim’s nurses and doctors is often critical in showing how serious the injuries actually were.

Expert witnesses have no stake in the outcome of the case and they can use their expertise to evaluate the questions and figure out if the victim has a legitimate claim. This is often extremely important when it comes to developing a strong case and refuting any claims from the other attorney.

If you are thinking about filing a personal injury lawsuit, then an expert witness may help to strengthen your case. To learn more or to schedule a consultation, contact the personal injury attorneys at Fetterman & Associates by calling 561-983-4584.

3 Types of Catastrophic Injuries that May Result in Paralysis

West Palm Beach Catastrophic Injury AttorneyThere is no question that paralysis can be a devastating condition that may significantly change the life of the victim, as well as their family. Victims who suffer from a paralyzing injury typically need extensive medical treatment, ongoing physical therapy and other types of long-term care. In most cases, these individuals have to use a wheelchair or some other type of assistive device.

In other situations, they have to find a different job or may not be able to return to work at all. Paralysis also comes with severe financial, emotional and physical hardships.

The three major type of catastrophic personal injury that may result in paralysis are found here.

Traumatic Brain Injuries

A traumatic brain injury, or TBI, is a type of personal injury that can result in a person suffering permanent neurobiological damage. This damage can result in lifelong difficulties that vary in degrees. This is an injury that affects almost 1.4 million Americans each year. Of these 1.4 million, 50,000 people will die, more than 80,000 will suffer life-long disabilities and over 235,000 will have to spend time in the hospital. TBI’s account for more than 23% of all paralysis victims in the United States, according to the CDC.

Spinal Cord Injuries

Every year in the U.S. there are between 12,000 and 15,000 incidents that involve a severe spinal cord injury. The actual injury that occurs depends on the extent of the injury, as well as what part of the spine was affected. These injuries can result in partial or complete paralysis. In the majority of situations, the victim is going to suffer complete paralysis, which includes losing feeling, as well as motor function from their neck down. When paralysis occurs due to a spinal cord injury, the victim often loses their motor skills, suffers impaired breathing, and other bodily functions may suffer. If a catastrophic spinal cord injury takes place, the victim may require a lifetime of care.

Neck Injuries

A neck injury, which is also called a cervical injury, typically result in a person suffering four-limb paralysis. This is referred to as:

  • Quadriplegia: This is paralysis of all four of the victim’s limbs or the entire body from the neck down.
  • Tetraplegia

Quadriplegia injuries are very dangerous and typically require surgery, ongoing physical therapy and an entire lifetime of assisted care. There are many quadriplegics who are unable to take care of themselves, or who require part time or full-time help from a caregiver or therapist.

Hire an Experienced West Palm Beach Catastrophic Injury Attorney

If you, or a family member, has suffered any type of catastrophic injury, then it is essential to contact an experienced West Palm Beach personal injury attorney for help. Contact Fetterman & Associates, PA to learn more about your rights and when you can file a personal injury claim.

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