Orlando Personal Injury Lawyer

Football Player’s Death Calls Attention to Depression Caused by TBIs

Ed Normand — Wed, 16 May 2012 08:57:00 GMT

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This is an ABC News report discussing the death of former National Football League (NFL) linebacker Junior Seau, who died from a self-inflicted gunshot wound on May 2, 2012. As noted in the segment, the former player’s passing has led to an even closer examination of the “legacy of the punishment players take on the field.” While the report says “the science of traumatic brain injuries [TBIs] is still in its early stages,” the truth is that depression is common among those who sustain severe head injuries.

However, it is important to note that TBIs and depression are far from being limited to just professional football players. TBIs have been referred to as the “signature wound” of military personnel returning from tours in Iraq and Afghanistan. The Centers for Disease Control and Prevention (CDC) estimates that 1.7 million people sustain a TBI each year, with falls being the leading cause of these injuries in the United States. In fact, falls account for half of the TBIs among children aged 14 years and younger, and 61 percent of TBIs among adults aged 65 years and older. The CDC says crashes and traffic-related incidents are the second leading cause of TBI, but result in the largest percentage of TBI-related deaths.

A TBI can result in significant irreversible changes, but the good news is that depression is not one of them—depression can be helped. Friends and family of TBI victims need to offer support and encourage these individuals to get help to deal with their depression. The Brain Industry Association of Florida (BIAF) is one esteemed local organization that offers a list of support groups available for TBI victims to find such resources.

Again, these injuries are not limited to certain professions or certain age groups. Anybody can be at risk for sustaining a TBI at any time, but the important lesson we can all take from Seau’s passing is that if someone you care about has suffered an severe head injury that is incurable, it is important for these victims to understand that the depression that may result can be treated. Victims may simply be too scared or too ashamed to seek help, but we can help loved ones with TBI overcome their depression simply by demonstrating how much we care.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury attorneys

Originally posted at InjuryBoard by Ed Normand

Make Sure They Keep the Lights on For You

Mike Damaso — Mon, 14 May 2012 12:22:26 GMT

We have all heard the Tom Bodett, Motel 6 jingle. "We'll leave the light on for you." But, a hotel in the dark about a dangerous breakdown in their safety protocol definitely needed someone to come turn the lights on for safety of the public. A few weeks ago in a courtroom in Fort Pierce, Florida we did just that. For more than two years, the Best Western of Port St. Lucie failed to take any responsibility for an injury to Carol Burry. The injury occurred when she fell down a dark set of stairs. The stairs were dark because the hotel chose not to make sure the lights came on. This was because after a time shift from daylight savings time, the hotel failed to make adjustments to a timer for the lights on the stairs. They had this problem every time there was a time change. Additionally, there were no vending machines on the first floor. And, there was no elevator. This hotel is a two-story hotel with outside hallways and stairs that run along the doors to the rooms. In an overhead view it would look sort of like a U-shape with the opening of the U facing the pool and the office. The outside of the U would face the parking lot. The inside perimeter of the U would face a courtyard. All around the perimeter of the U are outdoor hallways and sets of stairs. Carol Burry is a grandmother and the wife of George Burry. They have two boys who are now grown. They have grandchildren and great-grandchildren. Mr. and Mrs. Burry have been married for more than 55 years. On November 9, 2009 at about 5:30 p.m. the Burrys checked into the Best Western Port St. Lucie. They were on their way to the Port of Miami on a drive down from Pennsylvania to go on a cruise. The night before they had stopped somewhere along their route and the plan was to spend one night in Port St. Lucie and then go on to Miami. The reason they were going on this cruise is because were going to be in Florida for a couple of weeks to visit with their grandson who was coming home from the military and who was stationed in Greece. The reason for his homecoming was to welcome into the world a new member of the family. This would be the Burry's first grandchild. The Burrys had a few extra days to kill because the homecoming from Greece was being delayed. They found a quick three-day cruise out of Miami that stopped in the Bahamas and in Key West. They decided to take this opportunity to see Key West because they had never been and Mrs. Burry always wanted to see the Hemingway House. Upon check-in at the Best Western, they got settled in their rooms, figured out their plans for dinner that evening and then Mr. Burry went to take a shower and Mrs. Burry left the room with the ice bucket to get ice and two sodas. At this point, it is approximately 6:00 p.m. It is three days after a time change from Daylight Savings Time to Standard Time, where we fall back and the days get shorter and it gets darker earlier - right when there is that drastic jump from daylight to darkness in the evenings. As Mrs. Burry is walking around the first floor of this two-story hotel she cannot find any ice or vending machines. She walks up to the front office and is directed to the second floor to the only vending machines on the property. She walks up the stairs by the office. She walks all around the second story looking for the ice and vending machines and finally finds them. After she finds vending area, purchases the two sodas and gets the ice in the bucket she starts to head back towards the room. It is now 6:00 and it is dark. Mrs. Burry is upstairs with two sodas and a bucket with ice. There is no elevator. The only way for her to get downstairs back to her room was to take the dark stairs. As she attempted to go down the dark stairs she fell injuring her ankle. The call the front desk clerk to report the injury and tell them the lights are out. The next morning, Mrs. Burry and Mr. Burry report the injury to the manager. The manager responds that the hotel has that problem every year because they forget to reset the timer for the lights after the Daylight Savings Time and Standard Time changes. Mrs. Burry ended up having an arthroscopic surgery on her ankle to repair some torn ligaments and still to this day has problems with that ankle. After the Best Western did not respond at all to Mrs. Burry's attempts to resolve the matter she was forced to bring them to court. When we investigated the hotel, we found out that, in fact, the lights were on a timer. All of the testimony for all of the employees, the manager, the front desk clerk, stated that the timer does need to be changed with time changes. Still, the hotel refused to accept any responsibility. On April 25 we took them to trial and we were able to obtain a favorable verdict for Mrs. Burry. This was a verdict that took into account the total amount of harm caused to Mrs. Burry. It also forced Best Western to accept their fair share of responsibility for Mrs. Burry's injuries. It is a rewarding feeling to know that we were able to obtain justice for and help Mrs. Burry, and as a consequence, make the hotel meet their responsibility.

Originally posted at InjuryBoard by Mike Damaso

Client Preparation is Critical Yet Often Neglected.

Mike Damaso — Mon, 14 May 2012 11:46:28 GMT

“The will to win is not nearly as important as the will to prepare.” This is a quote and philosophy used by some of the greatest coaches in sports history to motivate athletes. In trial practice, that line of thinking should be no different. This is true especially when it comes to preparing for and giving a deposition and trial testimony.

We practice civil trial law related to personal injury, wrongful death, medical negligence and defective products. We help people and their families when they have been harmed by the careless or reckless choices of another. Mostly, we fight insurance companies and huge corporations to get them to take responsibility for, and balance the harms and losses resulting from, their bad choices.

We are very successful. The only way we are able to do this is through the rigors of case preparation. If we get a fair result without exposing our client to the risks of a trial, then that might be in the client’s best interest. But, if the defense chooses to add insult to injury, throwing salt into the wounds, by choosing not to accept responsibility, we take the responsible party to court and let the conscience of the community – the jury – decide what is fair.

In any type of legal case, and speaking primarily from the point of view of an injury and wrongful death attorney, it is amazing at how many lawyers do not adequately prepare their clients for deposition and trial. In fact, the preparation is so deficient they might as well have not done anything at all. Telling your client nothing more than, “go in there and tell the truth” is frankly malpractice in my opinion. Lawyers not willing to take the time to review with the client the intricacies of the case as well as every conceivable topic that might be covered are not worthy members of the bar and should choose another profession. I am sorry for being harsh, but if your attorney is not preparing you for your upcoming deposition and trial consider choosing another attorney.

Meeting on the day of the deposition is not sufficient. Based on my experience and judgment, merely one meeting before the deposition is not enough. Several meetings, over several days, each for several hours and spread out over the course of several weeks may – at a minimum – be adequate depending on the case. And, for trial, you probably need more.

Why meet with your attorney so much? The opposing attorney’s entire purpose is to bait you into saying something wrong. The opposing attorney wants to make you: 1.) say something that is inconsistent with a record or other piece of evidence; OR, 2.) make you “guess” at something where your assumption is incorrect. They will tell you otherwise at the outset of the deposition. “I don’t want you to guess; only tell me what you know.” Yet, usually in every case, more than half of the defense is based on these inconsistencies (For example, not remembering a headache you had 25 years ago, but they found it in your prior employment records that showed you left work a little early for a headache).

How do they trick you? How does the defense attorney trap you? You know the truth, right? After all, this incident and injury happened to you so no one knows this case better than you, right? Nothing will go wrong as long as you just tell the truth, right? Wrong!!!

With the power of the subpoena, the insurance company attorneys dig up boxes and boxes of your medical records, getting your medical history from decades ago. The insurance attorney tries to get every record from every doctor you have ever seen in your life. They have their staff outline every similar complaint in your entire medical history and then in deposition they try to get you to leave something out or say something that conflicts with a record – maybe a record from decades ago.

Here is a news flash, unless you are in MENSA AND have a photographic memory, there is no way you can remember your entire medical history. No one does. And, people are often amazed at what their medical history looks like on paper – boxes and boxes of paper. So, obtaining these records first and reviewing them with your attorney is critical. No, you do not need to memorize your entire medical record history. You do not need to memorize dates and quotes from the records. You do, however, need to be familiar with anything in your medical history that requires explaining or elaboration. You do need to be able to explain how the new occipital headache from your neck injury is different than that migraine headache you had as a child.

The defense may also hire someone to follow you around with a video camera recording your activities. I know this is creepy, but this is what they do. They do this to then ask you questions at deposition about these activities in the hopes you will forget that you did something already recorded on video. You need to review all of your activities with your attorney. Review all activities you can no longer do at all. Review all activities that you can still do but give you pain at the time. Review all activities you can do but it causes you pain afterwards. Review all activities you might be able to do, but you avoid because you are cautious and do not want to risk making your condition worse. It is critically important that they know and can see it through your eyes. You and your attorney need to be familiar with every way this injury impacts your life so you can be upfront about it to the opposing attorney at deposition as well as with the jury at trial. I say “you” need to be familiar and you might think, “This is my injury, how would I not be familiar?” But, I have found that hurt people most accurately realize how the condition impacts them while it is impacting them in that way, not while under the stress of interrogation during a deposition. Think of all the ways this condition impacts your life ahead of time so it is fresh and on the tip of your tongue at deposition. This way, you will not leave the deposition thinking there is something you needed to say but forgot because your were nervous.

Giving a deposition or trial testimony is a very stressful experience. It is extremely nerve racking. It is not pleasant. There is the fear of the defense attorney making you look bad, putting words in your mouth or tricking you into saying something stupid. But, if you are brilliantly prepared, you will brilliantly give your testimony. Very little, if anything, will fluster you. And, you will give your testimony as truthfully and flawlessly as possible without getting tricked by one of these defense traps. The effectiveness of your testimony is critical in getting justice for what happened to you – and it begins with solid preparation.

Originally posted at InjuryBoard by Mike Damaso

Motorcycle Awareness Month Applies to All Motorists

Orman Kimbrough, Jr. — Wed, 09 May 2012 08:59:00 GMT

"I hear the same stories over and over again,” Jim Gladstone says in the video above. Gladstone is the president of West Coast ABATE of Florida, a non-profit organization that promotes motorcycle safety. His comments were made to WTSP-TV in regards to the motorcycle accident that killed Pinellas County Sheriff's Deputy Jason Shoulta on April 27, 2012, in Pasco County. Shoulta was riding his motorcycle southbound on Seven Springs Boulevard while off-duty when another driver turned left toward a gas station and directly into Shoulta’s path, WTSP reported.

To demonstrate Gladstone’s point in the video, less than a week before Shoulta’s death, a 28-year-old motorcyclist was badly injured when a car turned into his path on Bee Ridge Road in Sarasota. And WTSP also reported that on April 9, a 26-year-old motorcyclist was killed on U.S. Route 41 in Bradenton when a car turned left in front of him.

These terrible accidents should be kept in mind by all motorists in the Sunshine State and throughout the nation, as May is Motorcycle Safety Awareness Month. The annual initiative is supported by the National Highway Traffic Safety Administration (NHTSA) and comes at an important time when more and more motorcycles are bound to be hitting roads across the country.

Drivers should keep these tips in mind to avoid being involved in a collision with a motorcycle:

Look twice for motorcyclists at intersections, where they may be making a left turn.
Motorcycles can easily disappear into a driver’s blind spots or become hidden behind objects such as signs, trees or other vehicles.
Motorcyclists do not always brake when slowing down and the lack of brake lights makes it critical to maintain a safe following distance.
The smaller size of motorcycles makes it difficult to accurately assess their speeds and distances, so it is safest to assume they are traveling quicker than it might appear.
Certain obstructions on the road can be a larger threat to motorcyclists than other vehicles, and motorists should allow riders enough space to react.
Slippery surfaces or other adverse road conditions make it tougher for motorcyclists to stop.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury lawyers

Originally posted at InjuryBoard by Orman Kimbrough, Jr.

Parents Have the Power to Prevent Bullying

Council Wooten — Wed, 02 May 2012 08:56:00 GMT

This is a trailer for the documentary “Bully,” which was released last month and has garnered much national attention. While many people have an understandable tendency to dismiss bullying as just being a part of growing up, it is important for all of us to understand that bullying behavior in the 21st century is no longer limited to school hallways and playgrounds. Rather, the increase in popularity for social media sites like Facebook and Twitter have made so-called
“cyber bullying” an additional way for victims to be harassed and abused.

We bring this issue up because it is important for parents to understand that they need to become involved when their child has become a victim of bullying. A New Jersey school board recently agreed to a $4.2 million settlement with a former student six years after a punch from a bully resulted in the student being paralyzed. While the board of education in that incident did not admit liability, the family of the paralyzed student was able to demonstrate that school officials knew or should have known about the attacker’s violent tendencies.

That case demonstrates the importance of documenting all conversations a parent attempts to have with school officials regarding bullying. Parents cannot be afraid to take action when a child is being repeatedly bullied. It is perfectly appropriate to contact the authorities if there is any kind of physical assault, and you should speak to a lawyer if teachers or school administrators seem dismissive or unconcerned with the issue.

While bullying has long been treated as just being another “part of life,” more and more cases of this behavior around the nation are resulting in catastrophic injuries or even deaths. Both the Florida Department of Education and the Florida Association of School Adminstrators have taken steps to prohibit bullying, but ultimately, parents will still maintain the greatest protective role. It is important for all of us to become involved so we can hopefully prevent any more unnecessary injuries or deaths resulting from bullying.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury attorneys

Originally posted at InjuryBoard by Council Wooten

Majority of Work Zone Fatalities are Motorists, Pedestrians

Ed Normand — Wed, 25 Apr 2012 08:55:00 GMT

This video from the New York Times was part of a December 2009 story about deadly accidents in highway work zones around the country. The segment above begins with the story of a 42-year-old Sarasota man who was killed in a highway work zone accident on Interstate 75 in 2007. Two people were killed and at least 10 more were injured when an 18-wheel tractor trailer going 70 miles per hour “knocked cars aside like bowling pins before jackknifing 100 yards down the highway,” according to the Times.

We mention this now because April 23-27 is National Work Zone Awareness Week. Since 1999, the annual campaign has been coordinated every year by the Federal Highway Administration (FHWA), the American Traffic Safety Services Association (ATSSA) and the American Association of State Highway and Transportation Officials (AASHTO).

While Work Zone Awareness Week is indeed an effort to enhance the safety of construction workers, the campaign is also for the safety of motorists as well. As the Florida Department of Transportation (FDOT) notes:

· Most of the people who die in work zone crashes are motorists and pedestrians.

· More than half of the fatal crashes in work zones occur after dark.

· Nearly one quarter of fatal crashes in work zones are influenced by alcohol and drugs.

· More than 50 percent of all work zone crashes happen because of speeding.

It should also be noted that Florida is one of the states in which fines can be doubled for any motorist speeding in a work zone. As construction season gets underway on roads and highways throughout Florida and around the country, it is critical for all drivers to slow down and be alert not just for the safety of construction workers, but their own safety as well.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury lawyers

Originally posted at InjuryBoard by Ed Normand

Without Charges for Distracted Driving, Florida Police Will Issue Tickets for ‘Careless Driving’

Orman Kimbrough, Jr. — Wed, 18 Apr 2012 08:50:00 GMT

This video released last year by the Collier County Sheriff’s Office shows a number of motorists who either ignored or did not see red lights and caused a number of near accidents. Somewhat ironically, later that year, researchers at Texas A&M University’s Transportation Institute found that drivers were 11 times more likely to miss a flashing light while texting.

With April designated as National Distracted Driving Awareness Month, the issue is once again leading to stricter enforcement of distracted driving. While Florida is still among the minority of states without some sort of ban on texting and driving, that does not mean Collier County deputies cannot issue tickets to motorists who are not paying attention.

“There is no citation dealing specifically with texting and driving,” Lieutenant Michael Dolan of the Collier County Sheriff's Office told WZVN-TV in a story published on April 2, 2012. “The charge would be careless driving."

WZVN noted that deputies in Collier County are focusing on Pine Ridge Road, where there have been 28 injury-related crashes—including six fatal crashes—between Interstate 75 and Goodlette Frank Road. Furthermore, it is important to note that cell phones are not the only form of distraction for drivers.

“Are they fumbling with papers? Are they putting on makeup? Are they doing something that will take their attention from the road?” Dolan asked WZVN, identifying a few of the other possible distractions. “If it impacts their driving, we'll give them a citation for careless driving,"

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury attorneys

Originally posted at InjuryBoard by Orman Kimbrough, Jr.

Aggressive Driving, Road Rage Have Similar Causes but are Different Offenses

Council Wooten — Wed, 11 Apr 2012 08:57:00 GMT

This video features a WPTV-TV report about a campaign by the Florida Highway Patrol (FHP) to crack down on aggressive driving. While this story revolves around one phase of the campaign that occurred from February 27 through February 29, an FHP press release stated officers also planned crackdowns from March 30 through April 4 and the South Florida Sun-Sentinel reported aggressive drivers would again be targeted on May 9 and 10.

It is important to note that aggressive driving is often used synonymously with “road rage,” but the two terms are actually different. Aggressive driving signifies the moving violations a driver takes behind the wheel that endangers other motorists, but road rage is a criminal offense that is usually the result of a traffic incident escalating into a deliberately violent action, such as a physical assault with a weapon or with the vehicle.

While aggressive driving is not an enforceable offense in Florida, an issuing officer can select “Aggressive Driving” checkbox on tickets for data collection purposes if a driver’s actions involve at least two of the following offenses: speeding, unsafe or improper lane change, following too closely, failure to yield right of way, improper passing and failure to obey traffic control devices. Individually, any one of those offenses is dangerous, but in combination, they can significantly increase the odds of auto accidents.

Obviously, there is no benefit to partaking in either aggressive driving or road rage. Both practices are often forms of attempted retaliation for being cut off, tailgated or stuck behind a slower driver. It is important for all motorists to be calm, cool and collected at all times—even when they are running late or stuck in bumper-to-bumper traffic. An attempt to “get even” with another driver for a perceived slight increases the chances of a deadlier outcome more than it does an effective resolution. The FHP and officers throughout the nation should continue to crack down on aggressive drivers before such reckless driving could turn into a road rage incident.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury lawyers

Originally posted at InjuryBoard by Council Wooten

Hundreds of Parks, Thousands of Injuries Every Year in Florida

Ed Normand — Wed, 04 Apr 2012 09:30:00 GMT

While last month saw far too many headlines across the nation involving school bus accidents, the video above is news footage of another type of incident that many of us never really think could happen to us: an accident at a theme park.

This video is focusing on Disney World, which is the most visited entertainment resort on the planet and has four theme parks itself among other attractions. However, these types of accidents occur at all sorts of parks, and there are amusement rides located all over the Sunshine State. According to the Florida Bureau of Fair Rides Inspection, the state has about 180 permanent amusement parks and more than 222 traveling amusement companies.

Many people enter theme parks with little to no concern about the safety of the rides, yet the Consumer Product Safety Commission (CPSC) reports that there were nearly 9,000 injuries suffered on amusement rides alone in 2006 (the most recent data year available) and nearly 18,000 injuries when inflatables, local entertainment and unknown device types are included. It is also important to note that many of these injuries involve tourists visiting from another state, even another country.

Anybody who suffers an injury at any theme park or on any amusement ride in Florida should immediately seek medical attention, but should then speak to an Orlando personal injury attorney about possibly filing a claim. You do not need to be present or live in the Sunshine State in order to have a claim filed on your behalf. Owners of theme parks and their insurance agents can be very intimidating, but an experienced lawyer can negotiate a fair settlement or possibly even take your case to trial to help you receive the compensation you deserve for your recovery.

Wooten, Kimbrough & Normand, P.A. – Orlando personal injury lawyers

Originally posted at InjuryBoard by Ed Normand

Plane Crashed into Publix Supermarket in Deland Florida

Ed Normand — Tue, 03 Apr 2012 11:53:04 GMT

A plane recently crashed into a Publix Supermarket in Deland Florida injuring the plane occupants and some of the shoppers in the store. A briefing is being held now by the National Transportation Board Safety investigator looking into the causes of a fiery plane crash that happened today in Deland Florida. 911 call tapes and Volusia County Sheriff video of the scene reveal a huge fire stemming from the crash of the single engine plane directly into the Publix supermarket.

According to the Orlando Sentinel:

%ta_ -webkit-auto% "Three shoppers were hurt, one seriously hurt shopper was Brendan Beitler.

Two of those hurt were released but Beitler, 20, a student at Stetson University in DeLand, was taken to Orlando Regional Medical Center for treatment of severe burns. We all wish Mr. Beitler and good recovery. We are not sure exactly how donations can be sent to help care Mr. Beitler but the link to the website for the hospital gift area is: http://www.orlandohealth.com/orlandohealth/GetInvolved/MakeaGift.aspx?pid=3432. The site says that: If there is a specific department or program you wish to support, please contact Lindsey Clark, at 321.841.7016 or lindsey.clark@orlandohealth.com. You can call the hospital and tell them you want to support the burn unit or help to provide any donations if there is any lack of insurance, copays etc. .. I am sure that the family of Mr. Beitler would appreciate that security knowing that our community is behind him in this tragedy. If they do not need the support, the burn unit could surely use it for other patients who do not have insurance.

Originally posted at InjuryBoard by Ed Normand