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...

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.

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.

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.

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

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.