Valrico Law Group

If I fall in a store, what should I do??

2023-06-22T04:45:18Z

1. Photograph everything immediately. Any legal case, in which a party is trying to obtain compensation for injuries, has elements that need to be established to set forth a valid legal claim. However, just making a valid legal claim isn’t enough. Even if you have a valid legal claim, if you cannot convince the insurance adjuster for the at fault party, or later, a jury, that the condition was in fact dangerous, you simply have very little chance of a complete recovery. The most effective way of convincing an adjuster or a jury that you were injured due to a dangerous condition is to photograph that condition, if possible, before you leave the scene. In other words, photograph everything. Most people have cell phones with cameras. Use them. Check your photos to make sure they are clear. If the photo wasn’t clear it is not going to help you. So take another photo. If you are on the ground, take photos before you get up unless you are laying in a toxic spill. Take photos of the full 360° around you. Then stand up and take photos of the entire area again, this time including the area where you were laying. If your fall was caused by slipping on a liquid, have someone take photographs of your wet clothing, assuming you fell into the spill. If you fell due to slipping in any type of liquid, make sure that you take photos of the extent of the spill, but also, importantly, close up photos of the edges of the liquid, and any areas where it looks as though someone stepped in it, slid in it, or dirt or debris in the fluid. Taking photographs of the edges of the liquid may reveal that the liquid was drying. That is important because it will help establish how long the liquid was on the floor before it caused you to fall. Foot prints or other sliding type of marks within the liquid show that you weren’t the first person to happen upon it, which may help establish the fact that it existed for a long enough period of time that the at fault party knew, or should have known, of the existence of the spill. Photos of dirt and debris also assists in developing a timeline of the spill in relation to the fall. Your photographs, coupled with any potential security video in an establishment, may greatly enhance your ability to prove liability in your claim, and enhance its value. If you tripped over something, maybe something laying in a store’s aisle that shouldn’t be there, an unmarked display, a display with its ends extending into the area of floor traffic, a pallet being unloaded, or equipment left by staff in loading and unloading product, again, photograph everything. Do it while you’re laying on the ground if you can, then do it while you’re standing up. All your photos should cover the full 360° around the area where you fell. If it is not a slip and fall case, you still want photographs of the area where you were injured to help explain the situation. Nothing helps a jury understand better than visual evidence. 2. If you fall while a patron in a business, if you have been injured, if you cannot get up, you’re bleeding profusely, or struck your head severely, call for help. No further explanation is needed. Medical attention is imperative in this type of situation. Get help first. If you are alert enough and are still able to take photos, take any that you can, but do not do so if it puts you in any danger. 3. Report it to the store manager. If you can get up, ask to see a store manager and tell them that you were injured. They should assist you in filling out an accident form, or fill it out themselves. If they do not, ask them to get an accident report. If they still refuse to do so, do one yourself when you get home and bring back two copies to the store as soon as possible. Ask the manager to sign both and keep one copy for yourself and give one copy to the store. If manager or store representative refuses to sign it, simply write on it before giving it to him or her, that the “manager or representative refused to sign”. A jury likely will not appreciate that type of action by a representative of a business if someone is complaining of an injury. 4. Get medical treatment The value of your case is only as good as the medical treatment you obtain. If you do not obtain regular medical treatment, the value of your claim is likely diminished, even if you are hurt. If you are hurt, get to a doctor as quickly as you can. When you go to the doctor, be brutally honest. If he or she asks you how you’re doing, don’t say “great”, or even “okay”. If you weren’t hurt, you wouldn’t be going to the doctor. Be thorough and provide information regarding all areas of your body which hurt as a result of this incident. Do not try to self-diagnose. Chances are, you are not a doctor. What you may think is a headache could be a concussion. What you may think is a pain in the neck and or back could be herniated discs. 5. Get legal assistance There are numerous studies indicating that people who retain attorneys in personal injury cases collect far larger recoveries than those who try to represent themselves. The phone call you get from the “nice man or woman” affiliated with the company or insurer of the entity that owns the store where you were hurt is not trying to assist you with your recovery. They are trying to get you to settle the claim for less than what it is worth. Don’t fall for that. Get an experienced attorney, who has considerable knowledge and experience in dealing with this kind of claim. Slip and fall cases, or trip and fall cases, are not easy and there are many potential pitfalls to the unwary. The injury attorneys at Wells Law Group can help you through the hardships associated with these type of claims.

Do these things before making a personal injury claim

2023-06-22T04:45:27Z

If you were involved in a motor vehicle accident, your health should be your top priority. So, once you check to ensure everyone is all right and call 911 to report the collision, take photos of the accident scene, your car and the other person's car as soon as possible before evidence is gone. Once the police have left the scene, seek medical treatment right away even if you feel okay. Because of shock and adrenaline, you may not actually feel as good as you think and will likely feel much worse the next morning. Then, there are a number of steps you should take to help you recover your losses.

Notify your auto insurance company: Tell your carrier that you were in an accident and that you saw your doctor. This can help you receive medical benefits as soon as possible.
Request a complete copy of your policy: Ask your insurance company for a complete copy of your policy and review it, so you have a clear idea of the type of coverage you carry.
Don't say too much: Even if insurance agents appear helpful, they're not on your side. Don't indicate that you were at fault - just give them the facts.
Take photos of your injuries: Keep taking them until external evidence of the injury is either gone (e.g. bruising fades or swelling subsides) or reaches its final stage of improvement (e.g. scarring blends into your skin color). This type of a record supplements your doctor's records and allows you to show the adjuster, or in the case of a trial, a jury, what you dealt with over the course of your recovery. Usually, a doctor's records won't show significant swelling or bruising, just refer to ecchymosis or edema. Photos you take will help you explain your pain and suffering in a way a jury can understand.
Compile documents: This should include a copy of the police report and insurance papers.
Hire a lawyer: Many insurance companies will try to get you to settle your claim for far less than it is worth. They may even try to get you to sign off before you are medically stable. Don't agree to anything without first talking with an attorney.

When you take these steps before filing an accident claim with your carrier, you'll feel confident as you move through the process. Learn how to protect your legal rights, so you can receive the compensation you deserve. The aftermath of a car accident can be just as stressful as the crash itself. Fortunately, get the right help will give you peace of mind during this difficult time.

Common causes of indoor slip and fall accidents

2023-06-22T04:45:31Z

It doesn't matter if you're in an office building, grocery store, shopping mall or anywhere else, it's critical that you always take care to protect your safety.

Understanding the most common causes of indoor slip and fall accidents allows you to do just that. Here are some that you should protect against:

Wet floors: It doesn't matter why a floor is wet, it has the potential to cause you to slip and fall. For example, if the floors were recently cleaned, they may be slick, which makes it difficult to maintain your footing.
Faulty stairs: This takes on many forms, ranging from missing steps to a loose handrail. Any time you're using a stairwell, pay attention to every step you take.
Debris: Even a seemingly harmless piece of debris, such as a soda can or piece of paper, can cause you to slip.
Elevators and escalators: Many buildings have elevators and escalators to transport people efficiently. While these are generally safe, there are risks to be aware of. For instance, if an elevator jerks while you're attempting to get on or off, it could knock you to the ground.

What to do after a fall

If someone you are with is in a slip and fall accident, have them stay where they are for a bit to catch their breath and figure out how badly they are hurt. Don't let them just pop up right away. Adrenaline may mask some of the pain of the fall. If they get up too quickly, they may hurt themselves more. Take a few photos of what they slipped on and the location where they fell. If you were the one who fell, follow this same advice.

Did they break a bone? Did they dislocate their knee? Did they hit their head? It is best to make certain they don't have hidden injuries before letting just walk away from the scene. Make certain they see a medical professional right away. Often, they will feel far worse the next day.

If you or a loved one is suffering because of a slip, trip or fall, learn about your legal options for obtaining compensation from those who are at fault.

Staying home doesn’t mean your motorcycle has to…but be careful!

2023-06-22T04:45:35Z

Spring is here, and the temperatures are perfect for a motorcycle ride. It's nice getting out on the open road in the Tampa Bay area. Riding your motorcycle may be one of a few places where you feel free from the confines of your home during this difficult time. Have you noticed how quiet the streets are? Is everyone driving just a little faster than normal because of it? Don't think you're safe just because there's fewer cars and trucks on the road. Just how much danger are you in? You know the risks of driving a motorcycle since you are more vulnerable to injury than truck, SUV and car occupants are. However, when the traffic thins out, the number of speeders often increases. Motorcycle fatalities have increased dramatically since 1997. The data reveals that 5,172 riders and passengers died during 2017. Below are some other sobering statistics and facts about motorcycle riding:

Of those who died, 91% were men.
Of those who died, 28% were intoxicated.
Of those who died, 35% were over the age of 49.
While motorcycle represent only 3% of the country's registered vehicles, motorcyclists represented 14% of roadway fatalities in the year studied.

A largest part of the problem is the drivers in other vehicles. While you take all the steps you can to protect yourself as you ride, you cannot control the actions of other drivers. What are automobile drivers doing wrong? Every driver owes a duty to the people they share the road with, including you. Below are some of the more common ways that drivers fail to live up to that duty.

They fail to regularly check their blind spots
They fail to look for and simply "see" motorcycles
They allow themselves to get distracted while driving
They fail to keep a safe following distance and often pass too closely

Of course, drunk drivers, drowsy drivers and speeding drivers also do not keep your safety, or the safety of anyone else for that matter, in mind as they drive. Bad driving should not be tolerated. When a motorcyclist or their passenger is harmed by a negligent or careless driver, learn about your legal options from the [nap_names id="FIRM-NAME-1"] Holding bad drivers responsible is one step you can take to making the roads safer for yourself and others.

Do you know the 4 primary principles of defensive driving?

2023-06-22T04:45:39Z

Anyone can throw around the phrase "defensive driving" but there's a big difference between saying something and doing it. If you don't know what it means to drive defensively, there's no better time than now to learn. With a change in your approach, you'll feel more confident in your ability to maintain a high level of safety.

Here are four primary principles of defensive driving:

Remain alert and focused: There's no time for distractions when driving. Keep your eyes on the road, your hands on the wheel and your attention on the task at hand.
Beware of your surroundings: Your primary focus is the vehicles on the road around you, but that's just a start. You should also pay attention to parked vehicles, pedestrians, bicyclists, road workers and anything else that could cause trouble in your path.
Always think ahead: Have a clear idea of how you'll avoid danger before you encounter it. For instance, attempt to leave a clear lane to your left or right so you have somewhere to go in the event of an emergency.
Make it easy for others to see you: Don't make the mistake of assuming that other drivers are being as cautious as you. Do your best to be visible, such as by using your turn signals and avoiding blind spots.

When you follow these principles of defensive driving, you're doing your part in preventing an accident. Should another driver cause you to crash by being overly aggressive or simply negligent, move to safety and call for help. Seek medical treatment even if you don't think you were hurt since most aches and pains don't show up right away. If you did suffer a serious injury, had to miss work or suffered other damages, learn how you can obtain compensation for your accident-related losses by contacting the [nap_names id="FIRM-NAME-1"]

Are you familiar with underride and override accidents?

2023-07-11T19:04:22Z

When driving in close proximity to commercial trucks, it's critical to take extra precautions to avoid an accident. The Insurance Institute for Highway Safety (IIHS) lists underride and override crashes as the most-deadly accidents involving trucks. Underride accidents occur when smaller vehicles go partially or completely under the sides or back end of a semitruck, while override accidents involve cars being run over by the front end of a large truck. The vast majority are front-end crashes An IIHS study of fatal crashes between large trucks and passenger vehicles found that the majority of crashes involve the front of semis. The results show:

57% were override crashes
22% were underride crashes to the rear of trucks
20% were underride crashes to the sides of trucks

What is being done to help prevent fatal accidents? Over the years, federal agencies have taken a variety of steps to reduce the potential of override and underride accidents because of the number of deaths they cause. In 1998, a federal law upgraded the rear-impact guard standard to minimize the risk. In 2015, the National Highway Traffic Safety Administration recommended another upgrade to rear underride regulations. More recently, in 2017, the agency rolled out the TOUGHGUARD award to recognize guards designed to prevent these accidents. This has resulted in all eight of the largest guard manufacturing companies qualifying for the award. Prevention efforts focus on back end collisions Unfortunately, government intervention and guards designed to prevent accidents primarily address collisions with the back of large commercial trucks. There are no regulations targeting front or side-impact accidents, where most crashes occur. You may have seen semitrucks with side panels between their front and rear tires. However, they are not required. Some lawmakers have been pushing for front and side guards like they have in Europe. At this point, these important safety measures remain optional. For this reason and others, it's critical to leave as much space as possible between your vehicle and any commercial trucks on the road. If you are injured in an underride or override accident, a personal injury lawyer can help you obtain compensation for your losses.

What are the most common distractions among truckers?

2023-06-22T04:45:48Z

Truck drivers spend countless hours on the road. While many truckers receive extensive training on everything from safety to defensive driving, it doesn't mean they'll never make mistakes while behind the wheel.

Distracted driving is a major concern in the trucking industry. Here are some of the most common distractions among truckers:

Eating and drinking: Truckers don't often want to waste time by stopping, so they eat and drink while driving.
Texting and talking: It may be against the law, but some truckers still text and talk on handheld devices while operating their vehicles.
Reading a map or using a GPS: Truckers need to make it to their destination in a fast and efficient manner. Doing so often means using a mapping or GPS system while their vehicle is in motion.
Daydreaming: The more hours a trucker spends on the road, the more likely it is that their mind will wander.
Outside distractions: This can include everything from billboards on the side of the road to wildlife to other vehicles and pedestrians.

You expect commercial truckers to obey the rules of the road, which means paying attention at all times. Unfortunately, they don't always do this, and you can't do anything about it.

If a commercial trucker causes an accident, your safety and health take priority over everything else. Seek medical attention even if you don't initially think you've been injured. Then, get legal help holding the trucker or the trucking company responsible for your financial losses and other damages.

Do you know how to drive safely during summer storms?

2023-06-22T04:45:53Z

With Florida's storm season fast approaching, there may be times when you have no choice but to drive in windy conditions. Do you know how to handle your vehicle when it's really windy and raining like crazy?

Even if you have experience driving in poor conditions, there are driving safety tips you can follow to help avoid getting in an accident. Here's what you can do to stay safe:

Slow down: When the wind speed increases and the rain is obscuring your vision, your vehicle speed should decrease. This goes a long way in helping you stay on the road and avoid dangers.
Keep a firm grasp on the wheel: There's never a good time to drive with one hand, and this definitely holds true in tropical storm conditions. Keep both hands firmly on the wheel to maintain control of your vehicle.
Keep your distance from other vehicles: Commercial trucks, buses and recreational vehicles have a difficult time staying in their lane in heavy winds because of their high profiles. They also need more stopping time on wet roads.
Beware of blowing objects: From sticks to trash cans to miscellaneous debris, you never know what may fly toward you. Keeping an open eye will help you avoid objects that could cause an accident.

Other drivers may not be taking any precautions. This makes the roads dangerous for you and everyone else. Should you be injured in an accident due to another's negligence, seek medical attention for your injuries and legal help with recovering your losses.

Post-accident recovery: The differing levels of spinal injuries

2023-06-22T04:45:58Z

Serious car accidents, perhaps especially ones in which an 18-wheeler is involved, tend to cause more catastrophic injuries. Sadly, there is no way to accurately predict what types of injuries each occupant of the vehicle will suffer.

Some people will walk away, some will lose their lives, and others will suffer a wide array of injuries. On the more serious end of the spectrum are spinal cord injuries, which can include quadriplegia.

"Spinal shock" may delay a diagnosis

Any type of spinal injury can lead to a sudden loss of reflexes and motor control. This may just be spinal shock, a temporary condition. It could take anywhere from a couple of days to a few months for spinal shock to subside. For this reason, your doctors may have difficulty accurately diagnosing how severe a spinal cord injury really is.

What does "incomplete quadriplegia" mean?

Doctors call it quadriplegia when someone does not currently have use of all four of their limbs. An accident that causes an injury to your cervical spine or neck can lead to quadriplegia. This mean you have little to no sensation or movement in your body below the point of your injury because the signals from your brain aren't able to reach the rest of your body and vice versa.

If the spinal cord is not severed, doctors may refer to this as "incomplete quadriplegia." This means you still have connections between your brain and your body.

Research provides hope with various treatment options

With an incomplete spinal cord injury, exercise is a primary focus since the repetition of it may help encourage new connections to sprout from the connections that remain. In addition to that, you may also benefit from electrical stimulation, which sends an electrical current through your body to excite the neurons in your spine to help you move.

Stem cell therapy is still in its infancy but may show promise. One reason for this is because stem cells can become any type of cell in the body and can renew themselves for an extended amount of time. One issue with this therapy is that spinal cord neurons are more complex than other cells, so it could take some time for it to work.

You may have legal options

Recovery will take a long time no matter your circumstances. Medical appointments, an inability to work and pain and suffering may all be compensable if someone else was at fault for your injuries. Learn about your legal options.

Do these things to drive safely around commercial trucks

2023-06-22T04:46:02Z

You can do your very best to avoid close contact with commercial trucks on the road, but there will be times when you have no choice but to drive in close proximity to these vehicles. There is simply no way around it.

For this reason, it's critical that you understand how to drive safely in these circumstances. Here is what you need to do:

Make it easy for truckers to see you: Commercial vehicles have massive blind spots on all sides. Don't drive in these spots for any longer than you have to.
Follow the rules of the road when passing: This means maintaining a safe speed, using the left lane and leaving enough space behind you before moving back in front of the truck.
Keep an eye on the weather: Inclement weather, such as strong wind and heavy rain, makes it a challenge for truckers to maintain control of their vehicles. Leave even more space between your vehicles when the weather takes a turn.
Beware of wide turns on city streets: Commercial trucks have to use roads other than interstates just like the rest of us. On tight city streets, they must take wide turns. Be careful not to pass a large truck on the right - they may be turning right and can cut you off suddenly.

If you found yourself in the wrong place at the wrong time, you may have suffered serious injuries. Don't simply accept what the insurance company first offers to settle your case. Learn about your legal options before signing on the dotted line.

These steps will help you drive more safely around commercial trucks. Unfortunately, they're not always good enough to keep you safe.

If a trucker causes an accident, regardless of the reason, move out of traffic and then call for help. After you receive treatment for injuries, you can contact your insurance agent and take other steps to hold the negligent party, such as the trucker and trucking company, responsible for the accident.