What Happens If You Are Partially To Blame For Your Injury?

Okay, so sometimes we as bipeds can be klutzy. Look, when you're standing on two feet you have that much further to fall than our four legged counterparts. Maybe something caught your eye and you forgot to look both ways before crossing the crosswalk not realizing the light said "Don't Walk."

Everything changes if you contributed to your own injuries. Florida has comparative negligence law, which means if you are partially responsible for the incident that caused your injuries, then your potential award at trial is reduced. But don't think because you are partially responsible that you aren't entitled to compensation.

So if you are partially to blame and another person is more than 10 but less than 25 percent at fault, you can only collect up to $200,000. If the other person is between 26 and 50 percent at fault, the most you can collect is $500,000. And if another person is more than 50 percent at fault - but you were also partially at fault - the most you can collect is $1 million.

If you or someone you know has sustained an injury and are uncertain about who's to blame, give us a call. Sometimes we chalk it up to clumsiness and move on not realizing it could very well be a combination of clumsiness and negligence. 

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

What If More Than One Person Is To Blame For Your Injury?

It isn't always a singular cause or person that is responsible for an injury you may have sustained. For example, if a pet-sitter allows a dog that local officials have already identified as dangerous off a leash, you may have a suit against the pet-sitter and the dog owner. Florida's joint and several liability rules set up a very structured system for dealing with more than one person at fault. Often times in these scenarios, one negligent act led to another.

Any person found to be 10 percent or less at fault will not pay out of pocket for any of your economic losses. Any person found to be more than 10 percent but less than 25 percent at fault will be responsible up to $500,000. Any person between 26 and 50 percent at fault will be responsible for up to $1 million of your damages. And, if a person is found to be more than 50 percent at fault, he or she will owe up to $2 million of your damages.

Another instance may be if you were to trip on a brick that jutted out into the sidewalk from a neighbors yard whose faulty landscapers built, then you are looking at two parties who share responsibility for your injuries. It comes down to cause and effect. In many cases there is more than one cause that has effected you.

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

Medical Errors Are The Third-Leading Cause Of Death In America

In 1999, the Institute of Medicine published the famous "To Err Is Human" report, which dropped a bombshell by reporting that up to 98,000 people a year die because of mistakes by hospital personnel. Astonishingly, those numbers have since more than doubled.

A more recent study published in the Journal of Patient Safety states that the numbers today may be much higher - between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second.

Don't let the medical field regard you or your family member as collateral damage. Speak up. Medical Malpractice is on the rise. A health scare is something many of us have had to deal with. However, no one should have to worry that the hospital staff could make matters worse due to negligence.

If you or someone you know has sustained injury, disfigurement, or in the worst of cases, death as a result of medical malpractice, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at SextonLaw.com to ensure that your rights are protected.

Who To Call If I Have Been Injured In A Car Accident In Florida

With only bus and taxi service for Central Florida’s means of mass transportation, resident and visitors here spend a great deal of time in their automobiles commuting, shopping and for leisure. Unfortunately, large amounts of time in your car increase the likelihood that you may be involved in an automobile crash. Our office is here to help if you or a loved one has been injured in an automobile accident. Jeffrey B. Sexton has been providing assistance to Central Florida residents and visitors since 1993. Our firm is dedicated to those who have been injured, not the insurance companies who represent the negligent driver. Call or e-mail us today for a free evaluation of your case.

Who Do I Call After An Accident With A Large Truck In Orlando?

Truck accidents can be particularly devastating to an individual in a passenger vehicle due to the obvious size and weight difference between the car and truck. Allow us to evaluate your car versus truck accident to determine whether such factors as driver fatigue, mechanical failure or any other factor may have played a role in your crash. Contact our office for assistance.

What Do I Do After A Car Accident?

If you have been involved in a car crash that was not your fault, contact our office. Jeff Sexton will personally evaluate the facts surrounding your case and help you navigate your way through the hassles of medical care and expense, lost income and vehicle repair. We will do everything in our power to help you obtain compensation for your injuries and the aggravation and loss of enjoyment of life that often accompanies motor vehicle accidents. Call or e-mail our office today for a free evaluation of your case.

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.

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.

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.

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.

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.

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.

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...

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.

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

Steps To Take After A Car Accident

There are no two automobile accidents alike in the State of Florida. Each particular case is comprised of its own set of unique injuries, damages, and losses. Most accidents are caused unintentionally from such distractions as cell phone use, GPS, stereo, or by other unsafe acts such as eating, looking at a map or simply not paying attention.

In other cases, factors include high speed and reckless driving, driving without a license, driving under the influence, or driving while intoxicated. These are not only negligent, but criminal.

Whenever you are in an automobile accident, it’s imperative that you notify the police and seek legal counsel immediately. Many times an accident can seem to be a run-of-the-mill fender bender. Days later, injuries can make themselves known -- and prove to be costly. Make sure no matter how small it is to alert authorities. A small fender bender may expose that the operator of the vehicle was in fact impaired, uninsured, or any one of the previous acts of negligence in the aforementioned paragraph. If that is the case, you may be entitled to an award for the damages incurred as a result of negligence.

Often times, it is just a simple fender bender and the two parties can swap information and go on their way, but better safe than sorry. If you are in an accident small or large, remember:

1. Alert the authorities.

2. Get the other drivers info.

3. Take a picture of their car and yours.

4. Retain legal counsel.

Contact Florida Personal Injury Attorney Jeffrey Sexton if you have been involved in a car accident.