Think You Have a Case?

Do you or someone you know think you might have a personal injury case, but aren't sure? Give us a call today. We'll know. A lot of people think they don't have recourse when injured by tripping or falling. The embarrassment factor makes us flee and hide.

You've been walking for a while. Think maybe there was some negligence involved? Wet floor? Lifted board? Unsafe conditions? Falling is embarrassing and painful... But expensive medical bills and loss of physical abilities are far worse. Don't flee, call us.

The Dangers of Florida Roads

Florida roads claim a lot of lives each year. Car accidents can be minor to severe. Nobody wants to be involved in either, but the reality is they happen all too frequently. Be vigilant when driving. Report negligent drivers on the road.


If you are involved in an accident and need representation, you have found Orlando's Jeffrey B. Sexton, PA. Call us today for a consultation. Even the most minor of accidents can add up in cost. You have a friend on your side in Jeffrey B. Sexton, PA.

Animal Attacks Happen All Too Frequently In The State Of Florida

Animal attacks happen all too frequently in the state of Florida.You might expect a serious attack by a pit bull to make headlines. But yellow jackets? Sturgeon? Elephants? Those and more creatures make up the hundreds of incidents recorded in Florida each year.
Now, how do you know when one of those attacks is due to negligence by another person or persons? We generally regard an animal attack as a neighbor's hungry pit bull wondering the streets and snaps at a would be rescuer. But remember where we live. It isn't always Fido doing the biting. Sometimes it's something a little less domestic.
Now, you may be saying to yourself: "If I get attacked by a wild animal, I have no recourse. It's an act of God." Well, God isn't the manager of that golf course you were playing on when an eight foot Gator insisted on playing through. When you told him to wait, he bit you. Luckily you hobbled to your golf cart and evaded death in a 14 mph escape. So now you go to the E.R and you have to tell them an angry gator who refused to wait his turn on the ninth hole, bit you.
What was a gator doing on the ninth hole? You pay dues to that Country Club to golf, not to get bitten. If the staff, security or any other personnel were aware of a gator on their property and failed to report it to game and wildlife, there is major cause for negligence. Anytime someone knowingly overlooks a potential threat to safety and proceeds with business as usual, they are putting people in harm's way. Whether it be a domestic animal or wild, someone let it in or out. Now, if you are doing the backstroke through the swamps in no-man's-land, you're on your own.
Otherwise, call us today for competent attorneys who understand animal attack laws in the state of Florida.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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...

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.

Save A Life By Anchoring And Stabilizing Your TV, Furniture, And Appliances

One child dies every two weeks as a result of an appliance, a piece of furniture, or a TV falling on them. In an effort to prevent tip-over related accidents, the U.S. Consumer Product Safety Commission (CPSC) is encouraging parents to anchor and stabilize their furniture, appliances and TVs. When children decide to scale one of these items in search of a remote or game, the consequences are often tragic.

Between 2000 and 2011, 349 people were killed as a result of a TV, appliance, or furniture items overturning. Of that number, 84 percent were kids younger than 9 years old. Forty-five percent of accidents occur in the bedroom. It's believed that as families integrate flat screen televisions into their living rooms, the older, much heavier TV is moved into the bedroom. Often times we place our TVs on items, such as dressers, that aren't meant to hold a television. This is when disaster happens.

Even our ultra thin televisions can weigh as much as 50 to 100 pounds, which is no match for a small child. Kids that are involved in these types of accidents often sustain severe head injuries and other injuries resulting from being trapped or crushed by the item falling on them.

To help prevent tip-over tragedies, CPSC recommends the following safety measures in homes where children live or visit:

• Anchor furniture to the wall or the floor.
• Place TVs on sturdy, low bases, or anchor the furniture and the TV on top the base, and push the TV as far back on the furniture as possible.
• Keep remote controls, toys, and other items that might attract children off of TV stands or furniture.
• Keep TV and/or cable cords out of reach of children.
• Make sure freestanding kitchen ranges and stoves are installed with anti-tip brackets.
• Supervise children in rooms where these safety tips have not been followed.

Stay safe and have a happy New Year from Florida Personal Injury Attorney Jeffrey Sexton.