Don't Ride Out The Pain

Jeffrey B. Sexton's Law Firm is a Personal Injury Law Firm serving all of Central Florida for over 15 years. We will work tirelessly to ensure that you are rewarded for the damages you've incurred at the hands of negligence. Be it a dog bite, a slip and fall, a car accident, or something else, if your'e not at fault, then we will work to expose that.

Many people think they have no recourse in certain cases. For example, someone may slip and fall in a grocery store, and then bolt out of there out of embarrassment, leaving groceries behind. Only to get home and realize they had a broken pelvis. Embarrassment can be painful, but that'll go away. A broken pelvis requires much more. Which is why if you do happen to fall, take inventory of why you fell. Sure, humans trip. But sometime we are tripped up... By something or someone that shouldn't be there.


If you or someone you now has sustained an injury due to negligence or even suspected negligence, give us a call today!

Are You Up to Date On The Rules of the Road?

Do you know the rules of the road? Most of us learn the rules, get our license at 16 and then forget them like we forget the periodic table of elements.

It never hurts to revisit the rules. They are ever changing and it's likely that if you took your written driving test in the late 80's, you may not be fully aware of changes that have been made.

 So, do yourself a favor. Visit www.dmvflorida.org or www.ntsb.gov or www.flhsmv.gov to refresh and renew your awareness of traffic and safety. It can save your life and others.

Back To School

Back to school time is here. This means traffic increase on the road... Which also means an increase of potential danger.

When crossing streets, remember what Mom told us: "Look both ways and look again." Often times, crosswalks, stop signs and sidewalks create a false barrier of protection. Be vigilant. 

On foot and in transit. If we are all a little more aware of each other, we can prevent senseless accidents.

What To Do If You Slip And Fall In Florida

It has now become a bit more difficult to be awarded a claim in a slip-and-fall case in the state of Florida. The old law, which expired June 30th of this year, awarded compensation to a plaintiff who merely proved an accident had taken place. Now, a plaintiff must also prove that the defendant was in fact aware of the dangers of an accident happening and failed to act accordingly.

If a business owner has old, rotted stairs and knew that their structural integrity had been compromised, yet failed to do anything about it, the plaintiff then can be awarded compensation as a result of the business owner's negligence. New stairs and a hand rail would have been the appropriate measures to take, and proving he or she failed to do so will likely shine favorably upon the plaintiff's case.

As a result of the new law, it is more difficult for a plaintiff to be awarded compensation which some say tips the scales of justice in favor of the defendant. An abundance of fraudulent cases have unfortunately made it more difficult for those who have had the unfortunate experience of slipping and falling. One can only hope that there is a surveillance camera near by if a slip should occur. If you sustain an injury, it isn't likely you are going to be in the frame of mind to make note of possible negligence in your surroundings. Get to the emergency room, and then consult Florida Personal Injury Attorney Jeffrey Sexton.

With the new law in place be sure to watch your step and hope someone else is watching your step as well.

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.

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.

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.

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.

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.

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.

More Than Just A Bruised Ego...

It’s happened to all of us. That moment we wish we could erase from our minds. That painfully embarrassing moment you slipped and fell in front of everyone. Maybe it happened when you were in school and that boy or girl you liked saw it. Maybe it happened in front of a co-worker you can’t stand. Maybe it happened at a wedding.

Whenever or wherever it happened, we feel the same two sensations: embarrassment and pain. Often times, the embarrassment is worse than the pain. We just want to stick our head in the sand or wish ourselves away from the situation altogether. We may not even realize how seriously we may have injured ourselves. We don’t want anyone helping us. Some of us would sprint away with a broken leg just to get away from the humiliation.

The truth of the matter is, a bruised ego is far less serious than a broken leg. Human beings are flawed creatures and we trip from time to time; and as the world’s only bipedal creatures it’s understandable. But sometimes, we fall as a result of someone else’s mistake. Often, we are so mortified we fell, we don’t take inventory of why we fell, especially in public. At home, it’s a little less humiliating when we have an accident and we are more inclined to investigate the ‘why’ since we are much more familiar with our current environment.

If you do happen to slip anywhere, take notice of why. Don’t worry about your bruised ego, as it will eventually heal. Take pictures of the place you slipped and/or tripped. A great many times it could be the result of negligence, which could in turn entitle you to damages as well as preventing it from happening to someone else.

So remember, if you trip, slip, or fall, do your ego the favor of gathering information, getting medical attention, and contacting Florida Personal Injury Attorney Jeffrey Sexton.

Exercise Pool Safety Year Round

During the spring and summer months, and even into fall, Floridians have the luxury of swimming. When fall ends and winter begins, we tend to not give much thought to our swimming pools. Even though the swimming season is over, our vigilance for pool safety should be year round.

To ensure year round safety, make sure the following measures are taken to avoid accidents.

• Even though the pool isn’t in use, make sure there is ample lighting in the pool and around the area. If your pool is not equipped with a light, be sure to illuminate the perimeter of the pool with outdoor lights from your neighborhood home improvement store. Seeing the pool helps avoid falling into it and both animals and humans will benefit from this.
• Be sure to lock the gate. If your pool has a fence make sure there is a working lock on it. If you use a pool maintenance service, give them a copy of the key to gain access as needed. Curiosity about swimming pools is year-round for small kids, and some pets, so lock it up.
•  Get a motion sensor. If you have kids, pets, or both, think about investing in a motion sensor. For a relatively limited cost, you can have peace of mind. Anytime something or someone breaches the pool area, an alarm will notify you. Various sensitivity levels are available.

We want you to keep your family and visitors safe during the coming months by taking some of these preventive measures. However, if you or a loved one has been injured due to a pool area's negligent upkeep, contact Florida Personal Injury Attorney Jeffrey Sexton.

Astronaut Loses Life In Jet Ski Accident

Sadly, retired NASA astronaut Captain Alan Poindexter was killed after a jet ski operated by his son, Zachary, collided with the jet ski Capt. Poindexter was riding. Reports stated that both of the jet skis were in motion when the astronaut suddenly stopped. His son did not see him and the jet skis collided, striking the Captain.

Regrettably, this type of accident is not uncommon. The Florida Fish and Wildlife Conservation Commission stated in a 2011 report that personal water crafts were involved in 22% of reported boating accidents. Of those accidents, 7 fatalities were reported.

It's important to follow safety rules and regulations when operating one of these vessels.

Water Ski Regulations from The Florida Fish and Wildlife Conservation Commission:

• The operator of a vessel towing someone on skis or another aquaplaning device must either have an observer, in addition to the operator, on board who is attendant to the actions of the skier or have and use a wide-angle rear-view mirror.
• No one may ski or aquaplane between the hours of 1/2 hour past sunset and 1/2 hour before sunrise.
• No one may water ski or use another aquaplaning device unless they are wearing a U.S. Coast Guard-approved non-inflatable Type I, II, III, or V personal flotation device (PFD). Inflatable personal flotation devices are prohibited for skiing/aquaplaning.
• No one may ski or use another aquaplaning device while impaired by alcohol or other drugs.
• The operator of a vessel towing a skier may not pull the skier close enough to a fixed object or another vessel that there is risk of collision.

If you or a loved one has been injured in an accident, or if a loved one has been killed, contact Florida Personal Injury Attorney Jeffrey B. Sexton any time, day or night.

Reinstate The Ban On Assault Weapons

There is a long time debate whether guns kill people, or people kill people.

However you look at it, the fact is; people with guns kill people. This is evident in the recent Aurora, Co. shooting. Could this have been prevented?

Whenever a mass murder takes place in our country, we as a nation become polarized when it comes to the second amendment. Our right to bare arms is one of our most talked about and controversial pieces of legislation in our Bill Of Rights.

But, when they adopted it in 1791, did law makers ever hear of an AR-15? A sub machine uzi? Even a Tommy gun? Nope.

The semi-automatic weapon is as dangerous as an automatic weapon. The difference being, that semi - automatic requires you to pull the trigger after each round. An automatic allows you to hold the trigger and dispense at will. Neither semi-automatic or automatic seem to be conducive to squirrel hunting. So the question remains; Why on earth would someone need such a weapon? Especially a private citizen?

In 1994 enough people asked this very question... Enough in fact to merit a ten year ban on assault rifles in the U.S. Unfortunately, that ban expired in 2004 and no attempts to reinstate it have been made. Since then, Americans have been stockpiling, and legally obtaining semiautomatic weapons via the internet and in person with very little difficulty.

Again, who needs these weapons? Hunters? Unless you’re hunting a deer with gang ties, you’re probably over armed.

The fact is, NOBODY needs them. At least, nobody in the private sector. Gun enthusiasts will just have to get excited about what’s available to them. Staunch efforts to reinstate the ban are underway. Incidents like this should awaken us to the realities and dangers of allowing citizens to obtain such heavy fire power.

Americans should have the right to bear arms. A shotgun, rifle, handgun. Not the same weapons we issue our Marines on the front line. We don’t allow people to drive an Abrams tank on the freeway or to park a Chinook Helicopter in their driveway... Why are we allowing military grade weapons into the hands of citizens?

Distracted Pedestrians

We all see a lot of coverage in the media about the dangers of distracted drivers, but what about distracted pedestrians? The online journal of "Injury Prevention" states that the injury and death rate of pedestrians distracted by technology has sky rocketed since 2004, more than tripling in that time period.

"Two phenomena are likely contributors to the possible association between headphone use and pedestrian injury: distraction and sensory deprivation," site authors of the journal Injury Prevention. When a pedestrian is distracted, they are inclined to walk slower and more likely to walk in front of a moving vehicle. Of 116 accidents from 2004 to 2011 where pedestrians were noted as using headphones, 70% resulted in fatalities; greater than two thirds were males under 30 years old and over half of the vehicles involved were trains.

This past February, a boy in Wisconsin was struck by a train as he walked with his head down and headphones on under his hood. Because his senses were deprived, he did not see the warning lights of the train or the sounds of it's horns blaring. Just a day later a similar situation occurred in Michigan and another teen was killed. As summer approaches, teens need to be made aware of how dangerous it is to not only drive but also to walk or ride a bike while distracted.

Pedestrians:
• Be aware of your surroundings.
• Avoid distractions like texting, talking on the phone, or wearing headphones.
• Make eye contact with drivers to make sure they see you and know that you are there.
• Obey all crosswalk traffic laws.

Drivers:
• Look out for pedestrians and bicyclists, especially ones that may not be watching the road.
• Avoid distractions such as talking on the phone, listening to loud music, and texting.
• Always yield to pedestrians in crosswalks.
• Reduce speed on neighborhood streets

Increasing awareness among drivers and pedestrians is the only way to convey that multitasking on the road is extremely dangerous.

Bath Salts Epidemic

In a gory scene out of a horror movie, a naked man was found eating the face of another man in Miami on May 26th. It is suspected by police that the 31 year old Rudy Eugene was on a designer drug known as “bath salts” and this drug is what caused the psychotic episode.

A Miami police officer shot Rudy Eugene 4 times before cannibalistic psychosis was ended.

While the Miami police have not officially concluded that Eugene was on “bath salts,” experts confirm he was exhibiting the tell tale signs of someone high on the drug. Some symptoms of this drug include perception of super human strength, paranoia, hallucinations, extreme violence, and nudity as a result of the increased body temperature that would cause most people’s organs to fail.

Armando Aguilar referred to people on this drug as a “walking dead person.”

The victim was 65 year old Ronald Poppo, a homeless man, who lost 75 percent of his face in this brutal attack.

Dr. Paul Adams is a physician at the Jackson Memorial Rider Trauma Center in Miami where the victim is being treated. Dr. Adams says that he is seeing more and more instances where virtually uncontrollable patients showing signs of psychosis are being brought in.

"You can call it the new LSD. It's a recreational drug. They [patients] seem to be unaware of their surroundings. They are not rational, very aggressive and are stronger than they usually are. In the emergency room it usually takes four to five people to control them, and we have had a couple of people breaking out of restraints," says Adams.

In 2011, the U.S. Drug Enforcement Agency banned for a year the possession and sale of 3 of the chemicals used to make the psychotic drug.

The drug resembles the salts one would use to put in a bath, and it can be injected, swallowed or smoked. It is far less expensive than other drugs and is able to be made in a home kitchen.

Since this drug is new, police are unsure how to handle it. Last week the Senate passed a FDA bill that will outlaw the active ingredients mephedrone, methylenedioxyprovalerone (MDPV) and methylone as well as other drugs.

Due to the law only banning specific chemical combinations, chemists have been altering the makeup of these drugs to keep them technically legal.

Rudy Eugene was killed by police during the attack and Ronald Poppo remains in the hospital in critical condition.