The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s compensation is calculated, can be crucial to knowing what to expect as your case moves through the process. This article, therefore, will discuss the different types of injuries that stem from Florida car accidents as well as how damages are calculated in such matters. If you or a family member require assistance, contact our office today to speak with a lawyer.

The Types Of Injuries Stemming From Car Accidents

The types of injuries that can flow from a wreck include but are not limited to, the following.

Soft Tissue Injuries

Soft tissue injuries are some of the more minor injuries that flow from a car accident. These often include bruising, soreness, and aches. They tend to not result in permanent damage. Most soft tissue injuries are the result of minor car accidents and not those involving high-speed collisions or a vehicle rolling over.

Head Injuries

The head injuries that flow from a wreck can range from a minor concussion to a traumatic brain injury (TBI). The results of such injuries can range from minor short-term headaches to permanent disability. The symptoms of a head injury may not manifest themselves until several days after an accident. It is, therefore, crucial that you seek immediate medical care even if you believe that you are not seriously injured.

Neck and Spine Injuries

Injuries to the neck or spine can often result in varying types of permanent disability– including having a range of motion that is permanently limited to paralysis. In serious cases, the victim can expect to have multiple surgeries and a lengthy rehabilitation period. Also, the extent to which one will make a recovery may not be known for some time.

Wrongful Death

The most extreme situations involve those in which a car accident victim loses their life. The matter will be considered a wrongful death case regardless of whether the victims passed away at the time of the accident or later due to the injuries they suffered. 

Calculating Damages For a Florida Car Accident

A car accident victim will be entitled to compensation for their injuries. There are several components that are factored into an award of damages. These components include the following:

Past and Future Medical Expenses

A victim will be entitled for medical expenses that have been incurred to date as well as their projected future medical costs. Future costs will include any necessary amounts for surgeries, medications, rehabilitative therapy, and travel expenses that are necessitated by care. It may be some time before the future medical costs can be ascertained as a victim’s long-term prognosis is often not immediately known. It is strongly suggested that one wait until their chances of recovery are reasonably known. Accepting a “quick” settlement can potentially leave you without the money needed for future care.

Past and Future Lost Wages

One will also be able to receive wages that have been lost to date due to the accident as well as wages that are expected to be lost in the future. If you have suffered serious injuries, and will not be able to return to your former job, then you may be entitled to the difference between what you could have expected to earn over the remainder of your life and what you can now be expected to earn. 

Pain and Suffering

Another component of a personal injury award is compensation for pain and suffering. This includes the pain that you suffer at the time of the accident. It also includes physical pain that occurs as the result of treatments, surgeries, ongoing soreness, etc. If you are not expected to make a full recovery and you will have ongoing issues of pain and discomfort, then compensation for these ongoing problems will be a factor. Finally, the inconvenience, anguish, and distress that you have suffered due to the accident will be factored into an award.

Loss of Companionship, Earnings, & Medical Expenses

If the case involves a wrongful death, the surviving family members will be entitled to compensation for the loss of companionship as well as their own pain and suffering. Furthermore, they will be entitled to the deceased’s earnings, medical expenses, burial costs, and more. The determination of future lost earnings is often a hotly contested issue and will typically involve the use of expert witnesses. Retaining an attorney who is experienced in handling such matters is crucial.

Florida’s Comparative Fault Law

Regardless of the nature of your injuries, it is important to understand that Florida’s comparative fault laws will apply to any award that you receive. Under this law, a victim’s damages are reduced by any extent to which they were responsible for the accident. If the victim is found to have been more than fifty percent responsible for the accident, however, then they will be barred from recovery. This means, for example, that if a Plaintiff suffers $100,000 and is found to be thirty percent responsible for the accident, then they will receive $70,000 ($100k – 30%). If, however, the Plaintiff is found to be fifty-one percent or more responsible for the accident then they will recover nothing. The determination of comparative fault is made by the jury.

Contact Our Office To Speak With a Florida Car Accident Attorney

It is important to contact a lawyer as soon as possible if you have been in an auto wreck. It is strongly suggested that you do so before speaking to the defendant’s insurance adjusters. Counsel will ensure that your rights are protected throughout the process. Our firm is dedicated to protecting the rights of the injured, and we look forward to being of assistance. Contact us online or by telephone at 800-780-8607 to speak with a Florida car accident attorney.

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How Florida’s Helmet Laws Impact Bicycle Accident Cases

Cyclists can suffer extreme injuries if they are hit by an oncoming car. These injuries can include trauma to the head that results in a concussion or a traumatic brain injury. It is strongly suggested that anyone wear a helmet when riding a bicycle. There are times, however, when a cyclist is not wearing a helmet at the time when they are injured. This article will discuss how Florida’s helmet laws impact bicycle accident cases.

Florida Does Not Require Cyclists to Wear a Helmet Unless They Are Under 16

Florida is different from some other states in that it does not require adults to wear a helmet while riding a bicycle unless they are under sixteen years of age. Furthermore, the failure of a rider to wear a helmet may not be considered proof of contributory negligence in a personal injury trial (more on this below). This is far more favorable for Plaintiffs than the laws of some states, which require the wearing of a helmet and/or allow the failure to wear a helmet to be considered proof of comparative fault.

How Comparative Fault Applies to Bicycle Accident Cases

Florida has adopted the modified comparative negligence standard. Under this doctrine, a victim may recover damages even if they were partially at fault for the accident. A victim’s damages will be reduced by the extent to which they were at fault. If a victim is found to have been fifty-one percent or more responsible for the incident, then they will be prohibited from receiving compensation. When determining whether a bicycle accident victim was responsible for their own injuries, again, the failure to wear a helmet may not be considered.

The foregoing is best explained by way of example. Suppose Joe Rider is cycling on a city street. He is riding too close to the car in the adjacent lane. The driver of the car is texting while driving, veers over, and hits the rider. Joe was not wearing a helmet. He suffers a traumatic brain injury and his damages are determined to be $1m. The jury finds that Joe is 30% responsible for the accident as he was riding too close to the adjacent lane; the jury is not allowed to consider whether Joe’s injuries would have been prevented if he had worn a helmet. Joe will receive $700,000 ($1m – 30%).

The Jury Should Not Be Permitted to Hear Whether or Not the Rider Was Wearing a Helmet

If a bicycle accident case goes to trial, then the jury should be precluded from hearing evidence as to whether or not the victim was wearing a helmet at the time of the accident. This is due to the fact that it is deemed irrelevant by statute. Testimony regarding the failure to wear a helmet could potentially prejudice the jury against the victim. If the defense attempts to raise the issue at trial, your attorney may object.

There are Numerous Injuries Which Can Stem From a Bicycle Accident

There are a number of injuries that can stem from a bicycle accident case. Given that a cyclist is no match for an oncoming car, these injuries can be severe. Examples of common injuries include the following.

Traumatic Brain Injuries

If a cyclist’s head hits the pavement at high speeds, there is a significant chance that they will suffer a traumatic brain injury. Such injuries can result in permanent disability. Symptoms may include blurred vision, slurred speech, problems with balance and equilibrium, memory loss, and more.

Damage to the Neck or Spine

Crashing from a bicycle onto the pavement can result in severe damage to the neck as well as the spine. Such injuries can result in reduced mobility. This reduction can be permanent if one’s joints require a permanent fusion. Extreme cases may result in some degree of paralysis. Any serious injury to the neck or spine is likely to require extensive rehabilitation and may require multiple surgeries.

Broken Bones and Scarring

Being hit by an oncoming car may cause broken bones. Furthermore, when a rider is slammed into the asphalt at high speed, they may well suffer extreme cuts that require extensive stitching. This can result in permanent scarring.

Nerve Damage

Extreme impacts with the road can lead to nerve damage throughout the body or just in a particular area. The impact of such damage will depend on the nature of the injury. Nerve damage can result in the loss of certain movement, twitching, and more. Such damage may be temporary or otherwise correctable. It may also be permanent.

Soft Tissue Injuries

Some cases may only result in soft tissue injuries. These are situations that involve little more than deep bruising and abrasions. This level of injury is more likely in cases where the victim was hit by a vehicle that was traveling at a low rate of speed, and the rider is not sent flying through the air.

The Need to Retain an Experienced Personal Injury Lawyer

If you have been injured in a bicycle accident, it is important that you retain an attorney who is versed in handling such matters. It will be important that your counsel be familiar with Florida’s helmet laws, how they apply to comparative fault, and the fact that helmet evidence is not considered relevant at trial. The proper handling of these issues can make the difference as to whether or not you are compensated for your injuries.

Call Today to Speak With a Florida Bicycle Accident Attorney

If you have been hit by a car while cycling, then the first step you should take is to seek immediate medical care. The second step you should take is to contact a lawyer as soon as possible. Our firm is versed in the handling of such matters and we will give your case the attention it deserves. Contact us online or by telephone at 800-780-8607 to speak with a Florida bicycle accident attorney.

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What to Do After a Florida Bicycle Accident

Few things can be as jarring as suffering a personal injury. This can be especially true in matters involving a bicycle accident as such cases can result in extreme injuries. It is understandable that you may not know what steps to take after you or a loved one has been injured. The fact of the matter, however, is that if you do not take immediate steps to protect your interests, then you may not be able to receive the compensation that you deserve. This article will discuss the steps you should take immediately after an incident as well as while your case is pending. If you need assistance, contact our office today to speak with an attorney.

It is Important to Seek Immediate Medical Care After a Florida Bike Accident

If you have been involved in a bike accident, the first action you should take is to seek medical care. If you have been seriously injured, an ambulance will likely arrive on the scene to take you to the hospital. It is important that you do not refuse this service. Even if the incident was not severe enough to warrant an ambulance, it is important that you go to the hospital on your own accord following the incident. Even if you believe you are not seriously injured, it is important that you seek care as many injuries may not show symptoms for some time. This is especially true for head injuries. 

If you are injured and do not seek immediate care, the defendant’s lawyers are likely to claim that you were not injured in the subject bike accident. They will, instead, often claim that your injuries must have occurred through some other event that happened between the accident and the time at which you sought care. If the jury believes such an argument, then you may be prohibited from receiving compensation altogether. By seeking care immediately after the accident, you can foreclose such arguments by the defense.

Retain an Attorney Immediately After You Have Sought Care

The next step to take after you have sought care is to contact an attorney as soon as possible. It is common in personal injury cases for the defendant’s insurance adjusters to contact you immediately after an accident. This contact may come in as little as a day or two. The adjusters will attempt to negotiate with you directly and will claim that you should not retain an attorney to represent you. They will then often claim that it is in your best interests to reach some sort of “quick” settlement. You must remember, however, that these adjusters are employees of the insurance company. Their job is to protect insurance company profits and it is not to ensure that you receive the money to which you are entitled. 

An attorney will be charged with protecting your best interests. It is counsel’s goal to gain the greatest possible amount of compensation for you. It is not uncommon for insurance companies to offer low-ball settlements or to attempt to deny liability altogether. These same carriers will then quickly be willing to negotiate once a lawyer is involved on your behalf. If an insurance adjuster attempts to contact you then the best practice is to inform them that they will be hearing from your lawyer shortly. 

Understand That the Case May Take Significant Time to Settle

Personal injury cases can take significant time to settle and this is especially true in matters involving serious injuries. The reason why cases may take significant time is that your chances for long-term recovery should be reasonably known before a settlement is accepted. If you accept a settlement that is based on your achieving a full recovery, then you will be without needed funds in the event that your recovery turns out to be more limited. While it is understandable that you wish to put the matter behind you as quickly as possible, it is important that you not settle the case until you have a long-term prognosis. This may take months or even more than a year.

Consider the following example. Joe is involved in a bicycle accident and he suffers a blow to the head. He is experiencing blurred vision. The doctor informs him there is a strong chance that Joe’s vision will return to normal but that it can take up to six months to know for sure. Joe accepts an immediate settlement for a relatively small amount out of a belief that he will be fine. Unfortunately, Joe has blurred vision for life and cannot return to his former job. He will be without needed funds as he accepted a quick settlement out of a desire to put the matter behind him. This could have been avoided had Joe waited to be more sure of his long-term prognosis.

Take the Advice of Your Doctors and Your Lawyer as the Case Proceeds

It is important to take the advice of both your doctor and your lawyer as you proceed through recovery and your case proceeds through the legal system. If you ignore your doctor’s advice or if you do not follow through with your care plan, then the defense will be able to claim that your situation was worsened by your own actions. This can result in the jury finding that your current medical condition is, in part, your fault. This can hurt your case for obvious reasons. Following your attorney’s advice is vital as counsel will give you an honest assessment as to when is the best time to settle. Counsel will also give you advice as to how to conduct yourself while the matter proceeds. This advice will assist you with making sure that your conduct is not taken out of context and that you are not left appearing as though you are liable for the incident or are uninjured.

Contact a Florida Bicycle Accident Attorney Today

If you were hit by a car while cycling then you must take immediate steps to protect your interests. As discussed above, the first of these steps is to seek medical care. The second is to contact a lawyer immediately. Our firm is dedicated to protecting those who have been injured by another’s negligence. We are proud of the level of service that we offer, and we look forward to assisting you. Contact us online or by telephone at 800-780-8607 to speak with a Florida bicycle accident attorney.

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The Link Between Chemical Hair Straighteners and Health Problems: Understanding the Science

Hair straightening products have recently been linked to health problems, including uterine cancer. While this is a startling development, it also appears to have been an issue that companies like L’Oréal and Revlon could—and should—have discovered (and perhaps did discover) long ago.  

In October 2022, the National Institute of Environmental Health Sciences (NIEHS), which is part of the National Institutes of Health (NIH) released the results of a study that found that using chemical hair straighteners more than doubled women’s risk of developing uterine cancer by age 70. Uterine cancer is the most common type of cancer in the female reproductive system, and according to the study’s author, “We estimated that 1.64% of women who never used hair straighteners would go on to develop uterine cancer by the age of 70; but for frequent users, that risk goes up to 4.05%.”

Notably, the NIH also reports that the study’s findings are “consistent with prior studies showing straighteners can increase the risk of hormone-related cancers in women.”

Understanding the Scientific Link Between Chemical Hair Straighteners and Uterine Cancer

What accounts for this increased risk of developing uterine cancer? The study’s authors point to a couple of key factors. The first is that many hair straightening products contain chemicals that can cause an increased risk of cancer in the event of exposure. This includes chemicals such as:

  • Bisphenol A
  • Formaldehyde
  • Parabens

Second, while these chemicals are used as ingredients in various other personal care products as well, the way and location in which hair straighteners are used may increase the risk of absorption—and thus the risk of cancer. In an article discussing the study, the NIH Record writes that “Chemical exposure from hair product use, especially straighteners, could be more concerning than other personal care products due to increased absorption through the scalp, which may be exacerbated by burns and lesions caused by straighteners.”

Importantly, however, as the American Cancer Society writes, “[t]he researchers did not find links between uterine cancer and the use of other hair products, including hair dyes, highlights, and perms.” As a result, at least for now, it appears that the uterine cancer risk associated with hair care products is limited specifically to chemical hair straighteners with ingredients such as those listed above.

This Isn’t the First Time Researchers Have Studied the Link Between Hair Products and Cancer

While the final results of NIEHS’s study have shone a spotlight on the link between chemical hair straighteners and uterine cancer, it isn’t the first time researchers have examined the link between hair products and cancer. As the American Cancer Society also explains, data collected earlier in the study period was used to look at possible links between hair products and various types of cancers, including specific cancers linked to hormones—such as breast cancer and ovarian cancer. Based on this research, scientists raised concerns about “possible links between some hair products and these cancers because some of the chemicals used in hair products might be absorbed through the scalp and have estrogen-like properties in the body.” In 2019, data from the study were also used to establish a potential link between hair dyes and straighteners and breast cancer.

Putting It in Perspective: What Does the Research on Chemical Hair Straighteners and Cancer Mean for You?

As the NIH notes, uterine cancer is a relatively rare form of cancer, accounting for just about three percent of all new cancer cases each year. Even so, this translated to a total of 65,950 estimated new cases in 2022. As a result, while uterine cancer may be relatively rare overall, it is still a very real concern.

Additionally, for women who contract uterine cancer, the consequences can be severe—and even life-threatening in some cases.

Whether caused by the use of a chemical hair straightener or other factors, uterine cancer can have several significant symptoms. These include pain, bleeding, and difficulty with urination, among others. Tragically, uterine cancer can also be fatal in some cases, with the Cleveland Clinic reporting that “The survival rate decreases to 17% when cancer spreads to other parts of [the] body outside [of the] uterus.”

As a result, women who have used chemical hair straighteners should not ignore the risk that their use of these products may have put them at greater risk for developing uterine cancer. Women who have used chemical hair straighteners should be aware of the symptoms of uterine cancer, and they should seek a diagnosis promptly at the first sign of potential health problems. When seeking treatment, women should tell their doctors that they have used chemical hair straighteners, as this may help inform their doctors’ testing recommendations and diagnoses.

The Link Between Chemical Hair Straighteners and Uterine Cancer: How It Impacts Your Legal Rights

From a legal perspective, the link between chemical hair straighteners and uterine cancer is extremely important. Women who are diagnosed with uterine cancer after using chemical hair straighteners may be entitled to compensation for the financial and non-financial costs of their diagnoses. Many women have already filed chemical hair straightener lawsuits and those who haven’t still can—and should—talk to a lawyer about their legal rights. Companies that sell dangerous products can—and should—be held legally accountable, and it is up to the individuals who use these products to take necessary legal action.

When the link between a chemical hair straightener and a uterine cancer diagnosis is proven, the victim (or the victim’s family) can seek full compensation for all the costs incurred. This includes current and future medical expenses, lost income, pain and suffering, and other losses.

Speak with a Lawyer About Filing a Chemical Hair Straightener Lawsuit for Free

If you have questions about filing a lawsuit related to a uterine cancer diagnosis following the use of a chemical hair straightener, we encourage you to contact us. To speak with a lawyer at Searcy Denney about your legal rights in confidence, please call 800-780-8607 or contact us online today. Your initial consultation is free, and you pay nothing at all unless we win.

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What You Need to Know About the Recent Mass Tort Litigation for Chemical Hair Straighteners

Women are suing L’Oréal and other hair product companies for selling dangerous chemical hair straighteners. With a recent study suggesting that women who use these products “frequently” (four or more times in a year) are approximately 2.5 times more likely to develop uterine cancer, these companies are now facing the fallout from their decision to sell dangerous products with known cancer-causing agents.

While some women are suing individually, many are joining the pending mass tort litigation against L’Oréal and various other hair product companies. In a mass tort lawsuit, multiple plaintiffs join together to assert their legal rights in court. This streamlines the process, and it also allows plaintiffs who may have relatively small claims to still seek the financial compensation they deserve. Without mass tort litigation, it may prove too expensive for some plaintiffs to pursue their claims individually. But, with mass tort litigation, it is feasible for many more individuals to pursue their claims.

7 Important Facts About the Chemical Hair Straightener Mass Tort Litigation

So, if you have used a chemical hair straightener, what do you need to know about the pending mass tort litigation? Here’s an overview:

1. Mass Tort Litigation Involving Chemical Hair Straighteners is Currently Pending

Mass tort litigation involving chemical hair straighteners is currently pending. Women are already asserting their legal rights against L’Oréal and other hair product companies liable across the country. In these chemical hair straightener lawsuits, women are joining together to seek just compensation for the financial and non-financial costs they have incurred (and will incur) as a result of these companies’ decisions to sell dangerous cancer-causing products.

2. It Is Not Too Late to Join the Mass Tort Litigation Against L’Oréal and Other Companies

Even though the mass tort litigation against L’Oréal and other hair product companies has already started, it is not too late to join. Once a mass tort lawsuit has been filed, additional plaintiffs have the opportunity to join throughout the process.

When you join a mass tort lawsuit, your claim will be added to the hundreds or thousands of claims already pending. However, mass tort lawsuits are different from class actions—where one “representative” plaintiff pursues the litigation on behalf of the entire class. When you join a mass tort lawsuit, you must still be able to prove your right to just compensation, and this means that it is important to have an experienced attorney on your side.

3. It Costs Nothing Out of Pocket to Join the Chemical Hair Straightener Mass Tort Litigation

It costs nothing out of pocket to join a chemical hair straightener lawsuit. In this way, joining the mass tort litigation is similar to filing a products liability claim on your own. Your attorney will represent you on a contingency-fee basis, which means that you pay nothing unless you win. If your claim is successful, your attorneys’ fees will be deducted from your settlement or verdict.

4. You Can (and Should) Speak with an Attorney to Find Out if You Qualify to Join

To find out if you qualify to join the pending mass tort litigation related to cancer caused by chemical hair straighteners, you will need to speak with an attorney. You should do so promptly, as you have nothing to lose, and getting started sooner will allow you to recover just compensation as quickly as possible. While there are no guarantees, the volume of pending claims related to chemical hair straighteners suggests that many women have strong claims for just compensation. We are actively pursuing these claims, and our attorneys can explain everything you need to know.

5. Additional Mass Tort Lawsuits Will Likely Be Filed

Even if you do not qualify to join an existing mass tort lawsuit, additional lawsuits may be filed. As more women come forward, we anticipate that the mass tort litigation against the hair product companies will spread throughout the country. Our attorneys can determine if you qualify to join an existing lawsuit, and if you do not, we may be able to use your case to initiate litigation in an additional jurisdiction.

6. Plaintiffs in Mass Tort Litigation Can Recover Their Financial and Non-Financial Losses

As a plaintiff in a mass tort lawsuit, you have the right to recover just compensation for all of your financial and non-financial losses. This includes your medical bills for diagnosis and treatment, as well as your prescriptions, lost earnings, and other out-of-pocket costs. It also includes the pain and suffering caused by your cancer, as well as your emotional trauma, loss of consortium and companionship, and loss of enjoyment of life.

When you hire an attorney to represent you, your attorney will work with you to calculate all of the current and future costs of your cancer diagnosis. Your attorney will also collect the evidence needed to prove these costs in court. Your attorney will then work to settle your claim for just compensation, and if the hair product company that is responsible for your cancer refuses to settle, your attorney will take your claim to trial.

7. Your First Step is to Schedule a Free Initial Consultation

Regardless of the timing and your individual circumstances, your first step is to schedule a free initial consultation. This is your opportunity to learn everything you need to know about your legal rights and the process of joining a mass tort lawsuit. During your free initial consultation, your attorney will answer all of your questions, provide a preliminary assessment of your claim, and help you make informed decisions about your next steps.

Schedule a Free Initial Consultation at Searcy Denney

If you would like to know more about the pending mass tort litigation related to cancer caused by chemical hair straightening products, we invite you to get in touch. To schedule a free initial consultation with an attorney at Searcy Denney, please call 800-780-8607 or tell us how we can reach you online today.

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Best Lawyers in America® Names 29 Lawyers from the Law Firm of Searcy Denney Scarola Barnhart and Shipley in their Prestigious Annual Award Recognitions

West Palm Beach, Florida– Best Lawyers has been regarded by lawyers and the public for more than 40 years as one of the most credible measures of legal integrity and distinction in the United States. Recognition by Best Lawyers is known for signifying excellence in the legal practice.

The milestone 30th edition of The Best Lawyers in America® has been released, as well as the accompanying “Lawyer of the Year” recognitions, in addition to the fourth edition of Best Lawyers: Ones to Watch® in America. Twenty-nine lawyers from the law firm of Searcy, Denney, Scarola, Barnhart & Shipley PA are included in this year’s award recognitions.

Inclusion in The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America is based on comprehensive peer-review surveys, which this year, comprised of more than 16.1 million confidential evaluations by top attorneys. Nearly 58,000 voters, this year alone responded to the award surveys. The purely peer review methodology is at the core of the company’s credo, as they believe that the best lawyers know who the best lawyers are.

Best Lawyers in America award recipients include attorneys Chris Searcy, Jack Scarola, Greg Barnhart, Ted Babbitt, Sia Baker-Barnes, Hardee Bass, Brian Denney, Brenda Fulmer, Mariano Garcia, James Gustafson, Jack Hill, Joe Johnson, Cameron Kennedy, Andrea Lewis, Edward Ricci, Matt Schwencke, Carter Scott, Chris Speed, Karen Terry, Donald J. Ward and Cal Warriner.

Best Lawyers “Ones to Watch” include Juan Diaz Avila, Jordan Dulcie, Adam Hecht, Yasmeen Lewis, Gaetano Murphy, Elise Sherr Allison, David P. Vitale, Jr., Boris Zhadanovskiy.

Individual recognitions included Jack Scarola as “Lawyer of the Year” in West Palm Beach for Personal Injury Litigation: Plaintiffs and Mass Tort Litigation: Plaintiffs; and James Gustafson as “Lawyer of the Year” in Tallahassee for Product Liability Litigation: Plaintiffs.

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What to Do After a Florida Slip and Fall Injury

We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or management of a building fails to keep it safe for visitors. The result can be a slip and fall which leaves a victim seriously injured. Understanding what to do immediately following such a fall can make a difference in your ability to recover damages. We are, therefore, writing this article to provide insight as to how you should proceed. If you are in need of assistance, contact our office to speak with a lawyer.

Seek Immediate Medical Attention After a Slip and Fall

The first step anyone should take after suffering an injury is to seek immediate medical attention. This is true in cases involving a slip and fall and you should seek immediate care even if you do not believe that you are seriously injured. If you fail to seek immediate care, then the defense will often argue that your injuries were not the result of the subject accident. They will likely argue that, instead, your injuries were the result of some event that occurred in between the accident and the time at which you sought care. This can lead to you receiving a reduced settlement or, worse, potentially nothing if the case goes to trial and the jury believes the defense’s argument. By seeking immediate care, you can foreclose such arguments by the defense.

If you are seriously injured, an ambulance will likely be called. If you do not believe you have been seriously hurt, or if an ambulance has not been called, then it is crucial that you go to the hospital on your own accord. This is, in part, due to the fact that serious injuries can initially seem minor. After a slip and fall, for example, one may find that their back is “a little sore” and they believe it will clear up after a day or two. They may find that the injury stiffens, becomes more painful, and only gets worse as time goes on. What was thought to be a sore back may in fact turn out to be a serious spinal injury. By seeking immediate care, you help to ensure against the possibility that you are letting a serious injury worsen.

Retain an Attorney Rather Than Dealing With the Defendant’s Insurance

It is common practice for a defendant’s insurance carrier to contact someone immediately after an injury. When this happens, you can expect the insurance adjuster to attempt to negotiate with you directly. They will also likely claim that you should not retain an attorney and that having counsel will not increase the potential value of your settlement. Unfortunately, some people take the adjuster’s advice and forego counsel. The fact of the matter, however, is that the insurance adjusters are employees of the insurance company. Their goal is to get you to settle for the lowest amount possible and they are not charged with protecting your interests. An attorney, on the other hand, is your advocate and it is their goal to get you the largest settlement possible. It is common for counsel to obtain a settlement offer in situations where the insurer attempts to initially deny liability. 

It is suggested that you retain an attorney immediately after being discharged from the hospital and that you do not interact with the defendant’s insurance carrier. Counsel will quickly inform the insurer of the representation. The insurer will then deal with your counsel directly. This will allow you to focus on your recovery and getting your life back on track. Counsel will keep you informed of all settlement offers and give you objective advice as to when it is time to settle.

Keep a Journal and Follow the Advice of Your Doctor

It is important that you start keeping a journal and chronicle how the accident is impacting your life. This includes daily logs of how you felt for the day, how the injury has limited your activities, etc. It is also important to log the amount of time you spend traveling to and from medical appointments and other injury-related obligations that are causing disruption to your routine. All of these issues will be important to the calculation of your pain and suffering. Maintaining a journal can aid your attorney when they are preparing a settlement demand to send to the insurance adjuster. Should your case go to trial, then your journal will be helpful in painting a full picture of the situation for the jury.

Understand That Your Case May Take Time to Settle

Many slip and fall victims wish to obtain a quick settlement and this is understandable. It is important that you understand that the process can take some time, however, as you should not settle before your long-term prognosis is reasonably known. Accepting a settlement out of a belief that you will make a full recovery can result in you receiving an inadequate amount if your injuries prove to be longer-lasting than originally thought. Once your long-term prognosis is better known, then your attorney will prepare a settlement demand which includes money for future care, future lost wages, and future pain and suffering. This will help to make sure that you have the money you need as your life moves forward.

Contact a Florida Slip and Fall Attorney

If you have been injured on another’s property, you must take immediate steps to protect your interests. One of these steps is to contact an experienced lawyer as soon as possible. Our firm is dedicated to protecting those who have been injured through no fault of their own and we will make your case a priority. This includes staying in regular contact with you and making sure you know what to expect as your case moves forward. Contact us online or call us at 800-780-8607 to speak with a Florida slip and fall attorney.

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Protecting Yourself from Harmful Chemicals: Alternatives to Chemical Hair Straighteners

Chemical hair straighteners present health risks, including more than doubling users’ risk of developing uterine cancer. As more information about these risks becomes known, more women are looking for better and safer alternatives. Fortunately, there are a number of alternatives out there, and avoiding chemical hair straighteners is simply a matter of finding the alternative that works best for you.

Why Is It Important to Consider Alternatives to Chemical Hair Straighteners?

In October 2022, the National Institute of Environmental Health Sciences (NIEHS), which is part of the National Institutes of Health (NIH), released the findings of an 11-year study that followed women who used chemical hair straighteners at least four times per year (defined as “frequent” use). The findings were alarming: Among women who made frequent use of chemical hair straighteners, their risk of developing uterine cancer by age 70 increased from 1.64 percent to 4.05 percent. This means that they are approximately 2.5 times more likely to develop uterine cancer as a result of using chemical hair straightening products.

What Are Some Alternatives to Chemical Hair Straighteners?

Due to this increased cancer risk, many women are now seeking alternatives to chemical hair straighteners. The good news is that there are several safer alternatives that are just as effective as, if not more effective than, chemical relaxers. Some examples of these alternatives include:

1. Blow Drying with Cold Air

According to Healthline, blow drying with cold air is an alternative way to straighten your hair. “After you’ve let your hair air-dry about three-quarters of the way, divide your hair into sections as you normally would. Use the ‘cool’ setting on your blow-dryer, making sure that your blow-dryer is moving continuously from root to tip [and k]eep the blow-dryer about six inches away from your hair.”

2. Wrapping Your Hair

“Hair wrapping is one of the more popular ways to get straight hair without heat styling,” according to Healthline. This method requires roller pins and a satin scarf or turban. Healthline explains: “To wrap hair, separate the top section where you part your hair and use a fine-toothed comb to comb it out flat. Holding hair taut, bring the hair around to the opposite side of your head from where it naturally falls and pin it tightly to the side of your head. . . . repeat this method for each section of your hair.”

3. Using Chemical-Free Hair Straightening Products

There are several hair straightening products that are alternatives to relaxers containing cancer-causing chemicals. Healthline writes, “There are shampoos, conditioners, leave-in conditioning products, hairsprays, and just about everything else you can think of that are aimed at calming and relaxing your hair.” Smoothing serums and keratin-based spray-on conditioners are options as well.

4. Sleeping With Your Hair Wet

For a product-free option, Healthline advises sleeping with your hair wet: “Use a hairband to tie a loose ponytail at the top of your head, then create a bun shape by wrapping your hair around that ponytail and securing it with another hair tie.” If you try this option, consider investing in a satin pillowcase, as “[t]his will cut down on friction . . . giving your hair a straighter appearance once you let it loose in the morning.”

5. Using a Hair Mask

A hair mask is a combination of non-chemical ingredients that work together to smooth and straighten your hair. As Healthline notes, there are several DIY options that use natural ingredients you can find in your kitchen (or in the grocery store, if necessary).

6. Using Essential Oils

Healthline also notes that “[s]ome essential oils are more readily absorbed into your hair than chemical products. These include coconut oil, argan oil, almond oil, and macadamia oil, among others. “Once you’ve used rollers, wrapping, a cold blow-dry or another technique to style your hair, apply your essential oil of choice. . . . Not only does this add a sweet scent and a beautiful gloss to your hair, it will also weigh your hair down slightly, helping it to hold its style.”

7. Using an Electric Straightening Iron

You can also use an electric straightening iron (or flat iron) to straighten your hair without chemicals or other hair care products. Although as using a flat iron can damage your hair over time, you may want to combine this option with a product that re-strengthens your hair.

Importantly, as Healthline advises, while using these methods can help “train” your hair to fall straighter over time, “overdoing it can actually lead to hair loss or damage.” As a result, it is important to “[b]e realistic with how you envision your hairstyle looking, and be kind to yourself, too — curly, natural hair has a distinct beauty that many people appreciate.”

What If It’s Already Too Late?

While there are alternative hair straightening methods available, many women have already spent years relaxing their curls with chemical hair straighteners. If you have used a chemical hair straightener in the past, what should you do?

  • Stop using chemical hair straightening products. Due to the increased risk of developing uterine cancer, we are recommending that women not use chemical hair straighteners.
  • Learn about the symptoms of uterine cancer. If you have used chemical hair straighteners in the past, you should learn about the symptoms of uterine cancer. If you experience any of these symptoms, you should see a doctor promptly.
  • Talk to a lawyer about your legal rights. If you have developed uterine cancer after using a chemical hair straightener, you may be entitled to just compensation. Your first step toward asserting your legal rights is to speak with a lawyer.

Contact Us for a Free Consultation About Your Legal Rights

Our lawyers represent women and families who are coping with the effects of uterine cancer (and other cancers) caused by chemical hair straighteners. If you have questions about your legal rights, we invite you to get in touch—you may be able to join a pending mass tort lawsuit. For a free consultation about your legal rights, call us at 800-780-8607 or request an appointment online today.

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