WELCOME TO THE BLOG OF ORLANDO PERSONAL INJURY ATTORNEY JEFFREY B. SEXTON, PA.


WE BLOG ABOUT RELEVANT ISSUES IN PERSONAL INJURY LAW, DISCUSS THE MISCONCEPTIONS SURROUNDING PERSONAL INJURY LAW, REPORT ON SOME OF THE MOST POPULAR CASES IN THE NEWS, AND PROVIDE READERS WITH HELPFUL PERSONAL INJURY INFORMATION AND RESOURCES.



PLEASE VISIT WWW.SEXTONLAW.COM FOR MORE INFORMATION.

Tuesday, December 31, 2013

The New Rule Of Seat Belts On Over-The-Road-Buses

In late November, the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) ruled that lap and shoulder belts are now required to be worn by occupants on new motorcoaches and other large buses. The recent ruling is expected to significantly reduce the risk of serious injuries and fatalities in frontal crashes and the risk of passenger ejection in rollover accidents.

Approximately 7,934 motorcoach occupants are injured and 21 killed annually. Making safety belts a requirement is projected to "reduce fatalities by up to 44 percent and reduce the number of moderate to severe injuries by up to 45 percent," according to the NHTSA.

This ruling only applies to new over-the-road buses and to other types of new buses with a gross vehicle weight of great than 26,000 pounds. Transit buses and school buses are exempt. Buses manufactured in November of 2016 will be required to be equipped with safety belts for all occupants.

If you have been involved in an auto accident, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.

Friday, December 13, 2013

Who To Call After An Accident With A Large Truck

In an attempt to reduce fatigue in truck drivers, laws have gone into effect enforcing new guidelines and standards for working hours this past July. The objective of the new law is to eliminate the occurrence of tired drivers behind the wheel of these deadly vehicles. The Federal Motor Carrier Safety Administration (FMCSA) estimates that 19 lives will be saved and 560 injuries will be prevented through the enforcement of the new law.

According to the National Highway Traffic Safety Administration, at least one fatality occurs in a large truck collision in 98% of instances. Because of the sheer size of commercial trucks, the danger of catastrophic injuries and death is great, which exemplifies the need to enforce increased safety measures.

FMCSA's new hours-of-service final rule:
  • Limits the maximum average work week for truck drivers to 70 hours, a decrease from the current maximum of 82 hours;
  • Allows truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights when their body clock demands sleep the most - from 1-5 a.m., and;
  • Requires truck drivers to take a 30-minute break during the first eight hours of a shift.
Due to the catastrophic injuries and fatalities associated with large truck crashes, it is crucial that an experienced attorney employed after a collision. Contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.

Friday, November 29, 2013

The Number Of Motorcycle Fatalities Has Dramatically Increased In The Last Decade

More people than ever are getting motorcycles theses days and with that has come an increase in accidents and fatalities over the past few years.

According to the National Traffic Safety Board (NTSB) the number of bike fatalities have doubled from 1997-2009. This is an alarming statistic. A few factors go into causing such grim stats:
  • Motorcycles have successfully campaigned and appealed to youth. Fast, cool, often more affordable than a car and great on gas. 
  • As mentioned above, gas. It is a fraction of the cost to fill up a bike than a car and great distances can be traveled on a single tank. Though gas prices are currently moderate, gas was over five dollars a gallon five years ago. When such an economic burden hits, we look for ways to save. Many people's answer to that was, a motorcycle. 
  • In the haste to buy a bike, many were forgoing the safety lessons that come along with a motorcycle. Some even neglect to obtain the proper operators license. It is important to make safety a ritual when operating any vehicle, especially a motorcycle. One must have all of their faculties about them when riding. When something as small as a rock could cause an accident, safety and awareness are paramount. 
  • If you're thinking about getting a motorcycle do your homework. A motorcycle isn't an impulse decision. Visit ntsb.gov for a look at safety tips and statistics. 
Contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com, if you or a loved one has been injured in a motorcycle accident.

Tuesday, October 15, 2013

If You Are In A Car Accident In Florida Take Plenty Of Photos

If you or someone you know is injured in a car accident, here are a few very important things to remember.

If your health allows, compile the following documentation:

Snap photos of your car's damage. Don't limit it to one or two shots. Take several pictures from every angle, making sure to snap close-ups and long distance shots. Get both landscape and upright photos. Get them with and without flash. Cover all bases.

Take pictures of the location of the accident, making sure to include stop signs and traffic lights, parking warnings, crosswalks, etc. Take photos of your own personal injuries, if possible. Also, gather recent photos of yourself before the injury for comparison.

Be sure to keep a journal about your injuries and medical attention required. Be precise about everything, including the daily extent of your pain. Whether your situation has worsened or improved. Be sure to jot down every detail. The most seemingly useless information can help your case.

Also be sure to file every form of correspondence with every involved medical person relating to your injury. This includes E-mails, bills, even phone records. Save ALL of your medical-related receipts. This also includes prescriptions, special equipment (crutches,wheelchairs,neck braces, walkers, canes), special foods, and co-payments. Keep track of travel expenses for medical appointments. Maintain precise documentation on how much income you've lost due to your injuries. The more information you have for your attorney, the better.

If you or a loved one has been injured in an auto accident, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com.

Tuesday, October 8, 2013

Do Not Accept An Insurance Check Before Contacting An Attorney

Most often, a car accident is a traumatic and painful ordeal. In an effort to collect money for medical bills, lost wages, and car repairs, people are all too willing to accept a hastily written check from a claims adjuster. A check can be enticing, but don't be eager to settle. The claims adjuster you'll be dealing with will want immediate resolution and knows that offering a check will finalize the process, without looking out for what's right for you.

The best thing you can do is hire an attorney to help you through this process. As your medical expenses pile up you will quickly see the wisdom in waiting and hiring an attorney. Many times people may not be aware of how injured they actually are and will begin experiencing residual pain from car accident injuries later on. Before agreeing to any type of personal injury settlement be sure to consult with an attorney.

We are well versed in the laws and the accident injury claims process. Our experience allows to to resolve cases quickly. You are able to focus on healing after your accident, rather than negotiating. Meanwhile, we will be diligent about compiling information and bills so that your package is together the moment you are released from medical treatment.

Contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com , as soon as possible if you or a loved one has been injured in an auto accident.

Wednesday, September 25, 2013

Who Do I Contact If My Child Has Been Injured In A Pedestrian Accident?

Sadly, pedestrians are one of the few groups that continue to see an increase in fatalities each year. In 2011 alone, there were 4,432 pedestrian deaths. Since summer is winding down and kids are heading back to school there's no better time than now to teach your child to be a vigilant pedestrian.

If your child walks to school, make sure you know the route they take and affirm that it is a safe, well lit, pedestrian friendly route. Teach your children the basics such as looking both ways before crossing but also implement a few other safety steps such as:
  • Always walk on the sidewalk. If there isn't a sidewalk and you must walk in the road, walk FACING traffic. 
  • Wear brightly colored clothes, if possible. This makes it easier for drivers to see you.
  • When crossing the road, always stop at the curb or edge of the road if there isn't a curb.
  • Look left, then right, then left again before stepping into the street.
  • If a car is coming, wait. Then start the process over until it's safe to cross.
  • Continue to check left and right while crossing the street. 
It's important to teach children to not simply assume cars will see them and stop when walking in a crosswalk. While it is good practice to use a crosswalk when crossing the street, crosswalks can provide a false sense of safety. Scanning the road while simultaneously crossing should not stop just because of painted white or yellow lines on the street.

If your child has been injured, or worse, in a pedestrian accident, contact Orlando Pedestrian Attorney Jeffrey Sexton at 888-293-1144 immediately.

Wednesday, September 4, 2013

What Are The Causes Of Most Motorcycle Accidents?


Riding a motorcycle, you are far more likely to get in an accident and far more likely to get hurt than if you are driving a car. That's a fact.

According to The US Highway Safety Authority, in 2012 20.9 cars out of 100,000 ended up in fatal crashes. The rate for motorcycles is 66.7 per 100,000. That means that you are 209% more likely to be in a fatal crash on a motorcycle.

But, don't give your bike away. We are dedicated to providing you with resources and information to make your ride safer and more enjoyable. Explore all the information in this section to learn more about techniques and products that can help save your life.

Why do most motorcycle accidents happen?

It's a misconception that most motorcycle accidents are due to aggressive driving by motorcycle riders. In fact, most motorcycle accidents occur because car and truck drivers do not see bikers. Many motorcycle accidents occur because bikes are hidden in blind spots or because motorcycles are harder to detect at night or in poor weather conditions. These accidents can be prevented by taking an extra moment to check your blind spots and checking an intersection carefully before turning onto a road or merging.

Motorcycle safety tips:
  • Wearing a high quality helmet that fits properly. Look for a helmet that has the DOT label, shows it's approved to meet federal safety standards. 
  • Drive the speed limit. 
  • Don't tailgate.
  • Avoid weaving through traffic and driving on the shoulder. 
  • Don't ride in blind spots. 
  • Always use your headlights.
  • Know your bike's limits. 
Stay safe on the road. If you or a loved on has been injured in a motorcycle accident, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 immediately.

Friday, August 30, 2013

Seeking Compensation For A Slip And Fall Accident In Florida

When you are injured in a slip-and-fall accident, the first thing on your mind is receiving medical treatment for your injuries. At some point, though, as you heal and the bills start to pile up, you may consider seeking compensation from the owner of the property where you fell.

You will probably receive a telephone call or visit from an insurance adjuster for the property owner's insurance company. Keep in mind that the adjuster works for the insurance company, and his or her goal is to pay you as little as possible. You could find yourself negotiating back and forth for months, often waiting long periods for answers from the insurance company. Attorney Jeffrey Sexton is experienced in representing slip and fall victims and will handle these settlement negotiations to ensure that you get fair and reasonable compensation for your injuries.

One of the important things to keep in mind during this period is that the clock is ticking. From the moment you suffered your injury, the clock begins winding toward the day the statute of limitations for filing a lawsuit runs out. Time is of the essence in such cases.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been seriously injured as a result of a slip and fall accident.

Thursday, August 8, 2013

What To Do If You Have Been Involved In A Boating Accident In The State Of Florida

Florida's warm weather permits year-round boating, creating year-round exposure to boating accidents. Like terrestrial laws, oceanic laws are in place to ensure safety. Fast-moving boats and jet skis can cause accidents by capsizing, sinking or colliding with another watercraft or a water skier. If a dock is poorly lit and you happened to fall and injure yourself, or if another boater was being reckless and you sustained injury as a result, a lawsuit may be filed to recover damages.

After any boating accident, you should contact us to receive a skilled evaluation concerning whether or not you have a valid personal injury claim. Whether your claim is large or small, we will devote all of the time and resources necessary to investigating the facts of your case and pursuing the compensation you may be entitled to from the responsible party.

Like a car accident, a boating accident will leave people with the following questions:
  • How will I pay my medical bills?
  • Can I be compensated for lost wages or pain and suffering?
  • Is insurance available to help me right away?
  • What papers should I sign or not sign?
For answers to these questions, contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been injured or killed as a result of a Florida boating accident.

Monday, July 15, 2013

The Dangers Of Overloading A 15-Passenger Van

Summer time brings more people out on the roadways throughout Florida and the rest of the country, and many will be doing so in a 15-passenger van. This type of vehicle is a popular mode of transportation, especially for church groups, sports teams, and summer activity organizers. However, many are unaware that the risk of fatal rollover accidents is exceptionally high with these types of vehicles. The National Highway Traffic Safety Administration (NHTSA) urges people to take proper precautions to "guard against the possibility of a tragic rollover crash."

15-passenger vans are incredibly sensitive to loading. Overloading the van makes the vehicle unstable and increases the risk of a rollover accident. Passengers are also under greater risk of an accident due to many drivers lacking experience handling a larger vehicle. Tire pressure is a major contributing factor in rollover crashes. In a recent NHTSA survey, it was estimated that 30 percent of 15-passenger vans have "at least one significantly under-inflated tire by 8 psi or more." Because tires degrade over time, many tire manufacturers advise that tires 10 years old or more not be used at all. Another facet of the high number of fatalities associated with 15-passenger van rollovers is the disproportionate amount of passengers not wearing seat belts, 88% of people killed were not wearing a seat belt.

If your summer plans include a ride in a 15-passenger van, here are some safety tips from the NHTSA to make sure your trip is a safe one:
  • Never overload the vehicle. Agency research shows overloading not only increases rollover risk but makes the vehicle more unstable in any handling maneuvers. 
  • Make sure the vehicle is regularly maintained, and that drivers are properly licensed and experienced in operating a 15-passenger van. 
  • Have suspension and steering components inspected according to the manufacturer's recommended schedule and replace or repair these parts as necessary. 
  • Ensure that vehicles are equipped with properly sized and load-rated tires. 
  • Check the tires for proper inflation and signs of wear or damage. Correct tire size and inflation pressure information can be found in the owner's manual and on the door pillar. 
Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been injured or killed as a result of an accident in a 15-passenger van.

Monday, July 1, 2013

Florida Has Strict Rules When It Comes To Building A Residential Swimming Pool

The Florida Legislature has strict rules and regulations when it comes to the building and approval of residential swimming pools. Florida is a state where we spend a great deal of our time outdoors. In doing so, we run a high risk of injuries and death caused by outdoor activities, such as swimming.

After lengthy review, The Florida Legislature found that drowning is the leading cause of death in young children and medically frail elderly people. Not surprisingly, they also found that constant adult supervision is essential in reducing the number of drownings and near drownings.

In an effort to reduce drowning and near-drowning incidents, the Residential Pool Safety Act was passed. In order to combat lapses in supervision, the act requires each new residential pool to be equipped with a safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool, spa, or hot tub area.

It is now required that all new residential swimming pools, spas, and hot tubs be equipped with at least one pool safety feature as specified by the Legislature. All in an effort to prevent the enormous health care, loss of productivity, and legal costs associated with drowning and near drowning incidents each year.

For more information on the safety rules and regulations set forth by the Florida Legislature click here to view the entire ruling. Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been injured or killed as a result of a drowning or near drowning incident.

Thursday, June 27, 2013

Drowning Is The Second Leading Cause Of Death For Children

Some of the most deadly accidents are those that involve water. Drowning and near-drowning accidents can occur in private residential pools, hotel pools, parks, water parks, and other places where there is a lack of supervision. Drownings can also occur because of faulty gates, pool drains, and other hazards.

Drowning is the second leading cause of death for children ages one to 14 years old. From 2005 to 2009, there were 3,533 fatal unintentional drownings in the United States. When a person survives a near-drowning accident, their lives are often forever changed as near-drownings often result in severe brain damage from the lack of oxygen. Brain damage may result in long term disabilities such as learning disabilities, memory problems, and permanent loss of basic functioning. Sadly, many of the horrible accidents that claim young children as victims are a result of negligence. The parents and families are left to suffer unimaginable grief and a lifetime of medical care and expenses.

Some factors that influence drowning risk are lack of swimming ability, lack of fencing, lack of supervision. Research has shown that taking formal swimming lessons reduces the risk of drowning among children 1 to 4 years old. Additionally, learning how to perform CPR has been shown to save lives and produce better outcomes for near-drowning victims.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if your loved one has suffered or lost their life as a result of a drowning or near drowning accident.

Wednesday, June 5, 2013

Property Owners Have A Legal Responsibility To Repair Potential Hazards

When property owners allow others to enter their property, either by opening the property to the public or inviting people onto it, they have a legal responsibility either to remove or repair potential hazards on the property or warn their visitors about them.

Have you or someone you know been injured in a slip and fall incident at a grocery store, mall, or other commercial facility? Have you been assaulted in a poorly monitored, poorly lit, or poorly maintained parking lot? Have you suffered any other injuries due to a property owner's failure to look out for the safety of visitors? If so, you may have a claim for compensation under our state's premises liability law.

Common circumstances in which property owners are found legally liable for the injuries of their guests include the following:
  • Wet or slippery surfaces
  • Inadequate security or lighting in potentially unsafe areas
  • Uneven surfaces that do not present an obvious hazard
  • Malfunctioning elevators, revolving doors, or other such devices
After any such incident, contact our office immediately to speak directly with an attorney experienced in handling these cases. Many times people will scurry away from a situation in public due to embarrassment. Don't let pride get in the way of compensation. Your ego will heal on its own, a cracked vertebrae however, requires costly medical attention.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been injured as a result of a slip and fall accident.


Tuesday, May 7, 2013

The Dangers Of Crosswalks

Marked crosswalks are safety devices put in to place to prevent tragedy. Most jurisdictions give the pedestrian the right-of-way when within them. Interestingly, there is strong evidence that marked crosswalks prompt many pedestrians to feel overly secure when using them. As a result, pedestrians place themselves in hazardous situations on the mistaken belief that a vehicle can and will stop -- even when it may be impossible to do so. It isn’t unusual for this type of pedestrian behavior to cause rear-end collisions when motorists are forced to brake abruptly.

In contrast, a pedestrian using an unmarked crosswalk generally feels less secure, less certain that the vehicle will stop and exercises more caution when waiting for safe gaps in traffic before crossing. Consequently, fewer accidents occur in unmarked crosswalks.

This isn’t to say that jay walking is encouraged, however, when extreme caution on the part of the pedestrian is exercised the number of accidents are reduced. A marked crosswalk is nothing more than a false psychological barrier that gives both pedestrians and motorists a disadvantage. It is good in it’s intent, but can be dangerous when oncoming traffic is ignored.

Many tourists who aren’t familiar with an area often times fall victims to these circumstances, as well as the elderly. It is wise to always look both ways and make eye contact with motorists to convey your intent. Never enter traffic until it is absolutely safe to do so.

Tuesday, April 16, 2013

What To Do When Involved In A Pedestrian Accident In The State Of Florida

Florida is an outdoor state. Sure, all states are "outdoors" but Floridians are able to spend time outdoors year-round. With that comes a high volume of pedestrian traffic. Shirtless surfers, joggers, speed-walkers, dog walkers, etc. Sometimes it's just an after dinner stroll around the block. Unfortunately, disaster doesn't discriminate whether you were jay-walking or using a cross-walk.

If you or someone you know has been injured or killed in a pedestrian versus automobile accident you may be entitled to compensation. Fast-moving, heavy motor vehicles create obvious dangers for pedestrians, and one of the most serious responsibilities imposed on drivers is that they must keep their eyes on the road and take all possible steps to avoid hitting anyone who is on foot.

Clearly, if you were hit while crossing at a crosswalk on a green light, the driver will generally be held responsible. But even if you were not following the rules for pedestrians, you may be entitled to compensation, depending on the specific circumstances of the accident.

Jaywalking may be technically against the law, but that does not give drivers free rein to cause accidents anytime a pedestrian steps off the curb and into the road. Drivers must use good judgment and make reasonable efforts to avoid causing pedestrian accidents.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or your loved one has suffered or lost their life as a result of a pedestrian accident.

Tuesday, April 2, 2013

When Should You Contact A Lawyer After A Brain Injury?

When a brain injury is sustained it often requires prompt and intense treatment. After a brain injury, even a mild concussion, it is imperative that one seeks medical help as quickly as possible. Brain injuries can progress over time, and occasionally, without any notice. If not properly treated, a worsening brain injury could result in damages too extensive to repair.

A brain injury ranges from mild to severe. The term "mild" can be misleading, mild brain injuries refer to the severity of the physical trauma that resulted in the injury. It does not indicate the severity of the injury's consequences. Mild brain trauma can result in: confusion, disorientation, unconsciousness lasting 30 minutes or less, amnesia during the time of the injury, seizures, headaches, dizziness, lethargy, vomiting, and poor concentration.

There are two types of severe brain injuries, closed and penetrating. Closed is an injury to the brain caused by movement within the skull. This type of injury could result from a motor vehicle crash, a fall, or being struck with an object. Penetrating is a result of a foreign object entering the skull. A penetrating injury could be a caused by being struck with a sharp object or a firearm.

The short and long term affects of a severe, non-fatal brain injury include: amnesia, issues with cognitive and motor function, depression, anxiety, aggression, impulse control, personality changes, and changes in hearing, vision, and perception.

According to the Centers for Disease Control and Prevention (CDC), severe brain injuries play a part in a significant number of permanent disabilities and death in our country. Traumatic brain injuries cause a third of all injury related deaths in the US. Each year, roughly 1.7 million people suffer a traumatic brain injury.

These types of injuries can greatly affect a person's life, including employment, relationships with family and friends, one's ability to do simple household tasks, as well as the ability to take part in social activities. Since medical care associated with a brain injury is so costly, those who have suffered this type of injury may receive a sizable medical bill. Additionally, the affects of a brain injury can be life long and debilitating.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 407-293-1144 immediately if you or someone you know has suffered a brain injury due to the negligence of others.

Sunday, March 31, 2013

Florida's Personal Injury Protection Law

Many people have criticized Florida's Personal Injury Protection (PIP) law and would like it eliminated, however Governor Scott prefers to mend it.

PIP is a type of insurance drivers in Florida must carry. The purpose of this insurance is to make readily available emergency medical benefits to people involved in auto accidents, without regard to who is at fault. Under the law, a person injured in an accident must seek care within 14 days. The allotted benefits drop from $10,000 to just $2,500 if the treatment was not for an "emergency medical condition." And one's medical condition must be diagnosed by a provider on a specified list. This list excludes chiropractors.

A great deal of Floridians feel as though the PIP law is redundant. This is due to most motorists already possessing some type of bodily injury coverage. People are also challenging the law due to massage therapy and acupuncture procedures being eliminated as part of the PIP system. An additional reason change is sought is the federal Affordable Care Act, which takes effect January 1, 2014, is presumed to cover a great deal of what is already provided through PIP.

In an effort to return the PIP law to its prior form, a Circuit Court Judge has found the statute unconstitutional, granting a temporary injunction against it. The basis for his ruling was the exclusion of chiropractors, the exclusion of payment for massage therapists, and the 14 day cut off for maximum benefits.

A Senate bill directed at putting a stop to Florida's PIP law was met with silence during the committee meeting on April 9. As a result, Sen. David Simmons removed the bill from being voted on, then said it would be brought back the following week. Stay tuned for updates...

Wednesday, March 6, 2013

Florida's Anti-Hazing Law Is One Of The Most Severe In The Nation

Monday, March 4, twelve former university band members were charged with manslaughter in the 2011 hazing death of drum major Robert Champion Jr. Previously, 10 ex-students were charged with felony hazing resulting in death. Currently, the previous 10, plus two other former students will also be charged with manslaughter.

According to hazingprevention.org, 1.5 million high school students are hazed each year and more than 250,000 college students experienced some type of hazing to join an athletic team. Research has shown that 95 percent of hazing victims do not report the incident.

Florida's anti-hazing law is one of the most severe in the nation. As a result of the law passed in 2005, a student found guilty of hazing could be subject to jail time.

Sadly, 9 out of 10 students who have experienced hazing while in college do not consider themselves to have been hazed. The National Federation of State High School Associations defines hazing as any humiliating or dangerous activity expected of a student to belong to a group, regardless of their willingness to participate. Some practices associated with hazing result in serious bodily harm and even death. These practices include: tattooing, branding, head-shaving, piercing, physical punishment, sleep deprivation, consuming unreasonable foods, beverages, and drugs, kidnapping, personal hygiene deprivation, and inappropriate sexual behavior.

Hazing is not a harmless right of passage. It does not establish camaraderie. Hazing rituals often destroy self-esteem, create stress, and can aggravate or induce psychological illnesses. Contact Florida Personal Injury Attorney Jeffrey Sexton if you or a loved one have been seriously injured or killed through the acts of hazing.

Wednesday, February 13, 2013

Do You Have A Wrongful Death Suit?

The Florida Wrongful Death Act awards damages to family members for a loved one's wrongful death. For example, surviving family members can recover money for lost support and services with interest from the date of the deceased's injury to their death. Plus, survivors can also collect Florida wrongful death damages for future loss of support and services. In order to determine the amount for lost support, many factors will be taken into consideration including the following...

  • The replacement value of your lost loved one's services
  • Relationship between the survivor and the deceased
  • Amount of the deceased's net income available to the survivor

Also, to determine future losses, the life expectancy of both the deceased and the survivors will be evaluated. When minor children are involved, their ages will be taken into consideration as well.

Under the Florida Wrongful Death Act a surviving husband or wife can collect wrongful death damages for loss of companionship and mental anguish. In addition, minor children and all children, if there is no surviving spouse, can seek compensation for loss of guidance and companionship as well as mental suffering. Parents of a deceased child can also seek compensation for mental anguish. The survivor who has paid for medical and funeral bills can recover these expenses.

If your loved one has died because of another's carelessness or negligence, a knowledgeable wrongful death attorney is what you need to ensure that you are awarded compensation for your loved one's loss. Contact Florida Personal Injury Attorney Jeffrey Sexton at 407-293-1144.

Thursday, February 7, 2013

What To Do If You Are Bitten By A Dog In Florida


Florida, California, and Illinois are among the states that have strict liability laws when it comes to dog bites. If you've sustained a bite or injury from someone else's dog in the state of Florida, you could be entitled to compensation for those injuries.

In the state of Florida, there is a 'strict liability law'. Meaning that a dog owner is responsible for any injury caused by the dog to another person or persons -- regardless of whether the dog had a history of biting. Even if the owner takes preventative measures to avoid future occurrences, he or she can still be held responsible.
A few exceptions that would eliminate owner responsibility is if someone is trespassing and the dog attacks, if a person is maliciously or even annoyingly pestering or provoking an animal, and finally, in the instance that a caregiver is bitten such as a veterinarian.

Florida laws will hold a dog owner responsible if it is determined that negligence was involved and an injury was sustained as a result. For example, if an owner is aware that his or her dog is prone to bite and/or attack, and that dog is running freely throughout the neighborhood biting folks; then Florida will determine if negligence on behalf of the owner is the culprit. If the owner failed to keep the dog properly caged and/or muzzled, then a strong case for negligence exists. To prove negligence, there must be proof that the dog's owner failed to live up to the responsibility of preventing injuries to others. You must also show that there is a direct connection to your injury and the dog owner's irresponsibility, and that you suffered damages and/or financial and emotional loss as a result of the injury. However, if the state of Florida determines that you in fact contributed to some degree to those injuries by means of carelessness, then they can reduce the amount of compensation you are awarded.

If you are a victim of a dog bite, you may be entitled to compensation from the dog's owner or insurance company. Covering the cost of medical bills, surgeries, and any future cosmetic work as well as covering the cost of sustained mental anguish resulting in mental health care. In addition to lost wages, and any and all pain and suffering.

The State of Florida gives you four years to file a claim before the statute of limitations is up. So if you are bitten, seek medical attention right away and be sure to consult Florida Personal Injury Attorney Jeffrey Sexton.

Monday, January 28, 2013

Safety Tips For A Dog Attack

A Brevard County woman narrowly escaped being attacked by two dogs recently. Police say that the woman was exiting her car when the dogs ran up to her, growling and foaming at the mouth. Fortunately she was able to close her car door before she was bitten.

Thankfully the woman was able to take shelter in her vehicle, but what if that's not a possibility?
  • If a loose dog approaches you, stand completely still. Keep your hands at your sides and try to stay calm and quiet. 
  • Do not make eye contact with the dog. 
  • If you have been knocked to the ground, curl up into a ball. Keep your knees to your chest and your hands over your ears. Keep your face as close to your knees as possible. Again, try to remain calm. 
  • Make very slow movements and don't run. This may excite them. 
There are steps dog owners can take to reduce the chance of an attack:
  • Studies have proven that spaying or neutering your dog reduces aggression. 
  •  Never slap, hit, or hurt a dog.
  • Speak to your dog in a calm voice. If you feel yourself getting frustrated, take a time out. 
  • Don't bother a dog when it is eating, or chewing a bone. 
  • Never leave a child unattended with a dog. 88 percent of fatal dog attacks among two year olds happened when the child was left unsupervised with the dog. 
  • 24 percent of fatal dog attacks involved a loose dog that was off their owner's property.
  • Obey leash laws. You will be protecting your community and dog by doing so. 
  • Do not chain your dog. Chained dogs are almost 3 times more likely to bite. Chaining a dog increases their stress, vulnerability, and protectiveness. Fencing is a safer, better solution. 
For more information on how to reduce your dogs aggression, visit www.americanhumane.org. If you have been attacked by a dog, contact Florida Animal Attack Attorney Jeffrey Sexton at (407) 293-1144.

Tuesday, January 8, 2013

Is Your Property Poorly Maintained?

Homeowners and businesses have a duty to make sure their property is reasonably safe. Premises liability is based on the concept that when individuals act without regard to their duty of care, the victim of a personal injury caused by that negligence should be compensated appropriately.

Every day, people are injured while on another party's property. This can include injuries that occur in someone's home, on a walkway, in a parking lot, or at a place of business such as a grocery store, department store, restaurant, amusement park, sports stadium, bar, nightclub, fitness center, or hotel. Often, people have the mistaken impression that wherever they suffer an injury, they may have a claim against the person who owns that property. However, unless the property has been negligently maintained, under Florida tort law, a property owner may not be liable.

Injuries resulting from poorly maintained properties are common and can involve:
  • Assault at a place of business due to negligent security
  • Poor parking lot or sidewalk maintenance
  • Unsafe stairways
  • Slip and fall accidents
  • Falling merchandise (from shelves)
  • Unsafe amusement park rides (overnight fairs)
  • Dog bites or animal attacks
  • Unsafe handrails
  • Accidents at construction sites
  • Injuries occurring in or around swimming pools, which can include spinal cord injuries, brain damage, or drowning
If you or someone you know has been injured as a result of negligence on behalf of a home or business owner, contact Florida Personal Injury Attorney Jeffrey Sexton