Panama City Florida Injury Lawyer Blog

It is truly impossible to fully understand what it is like to cope with the aftermath of a car accident until you've been there. At our Panama City personal injury law firm, we often hear people remark that they underestimated how much neck and back pain can truly interfere with everyday life. Whiplash is one of the most common car accident injuries. It may also be the injury that people are most likely to dismiss as a mere nuisance, one that many people assume is an exaggerated complaint -- until they experience it first-hand and learn whiplash injuries are quite real.

Causes of Whiplash
Whiplash is a form of neck injury that results from the head being suddenly thrust back and forth, like the cracking of a whip. Discussion of whiplash can be found on two of the most respected health information websites, WebMD and the Mayo Clinic website. Car accidents are one of the most common causes of whiplash. Even low-speed accidents can cause whiplash, with rear-end collisions among the most frequent culprits. Other potential causes include contact sports and physical abuse. Studies suggest that women are more vulnerable to whiplash than men.

Symptoms & Treatment
Usually, whiplash symptoms begin to develop within twenty-four hours of injury. Common symptoms include: Neck pain/stiffness; Back pain; Headache; Blurry Vision; Dizziness; and Fatigue. Whiplash can also impact a patient's mental state, causing memory problems, difficulty concentrating, and irritability. There is no specific test for whiplash, but doctors will often run imaging tests in order to rule out other problems such as fractures or spinal cord injuries.

Treatment often includes pain management through medications including over-the-counter and prescription strength pain killers. In some cases, injections and/or muscle relaxants may be used to prevent painful muscle spasms. Icing can help reduce inflammation in the early recovery period and heat may be used later to relax muscles. Physical therapy is often recommended, with exercises focused on stretching and strengthening neck muscles. Therapists may also use manual therapies, electronic muscle stimulation, or ultrasound to help relieve whiplash symptoms. While foam collars were once a mainstay of whiplash treatment, most medical practitioners no longer recommend immobilization and collars are used sparingly, if at all. Some patients find relief through acupuncture, massage, chiropractic care, or other non-traditional remedies.

In most cases, whiplash symptoms subside in two or three months. However, some patients experience chronic pain that may last years. Sometimes this pain can be traced to an injury to the discs or ligaments in the neck. However, pain may also persist even when doctors are unable to pinpoint any specific abnormality.

Representing Panama City Whiplash Victims
Whiplash is real. If you are experiencing whiplash symptoms following an accident, you should seek medical help. If your injury is the result of someone else's negligence or wrongful acts, you should also contact legal counsel. Our Panama City whiplash lawyer has helped victims recover crucial monetary damages to help with medical bills, cover lost wages, and compensate the victim for significant pain and mental suffering. We understand that your pain is real, that your injuries are real even if they aren't visible. We promise to treat you with the respect you deserve.

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Concussions & Youth Sports

Low Speed Collisions Can Add Up to Big Damages to People

(Photo by gothopotam)

For many, driving is a simple necessity, a way to get to and from the places we need to go. For others, driving is a love affair, one that is often focused on the power and speed of a well-constructed engine. Most enthusiasts enjoy this passion in a productive manner. Some turn to more dangerous pursuits. Street racing is a risky pastime, one that threatens those who take part as well as uninvolved bystanders. It is a threat that is of grave concern to our Panama City car accident law firm.

Recent Street Racing Accidents Plague the Nation
Street racing accidents have made headlines on both the local and national level in recent months. Last Sunday, as reported by The News Herald, a truck collided with a utility pole on Middle Beach Road in Panama City Beach near the intersection with Alf Coleman. Witnesses told police that the truck had been racing another vehicle when the driver lost control. Police arrested the driver on reckless driving charges.

While no injuries were reported in Sunday's incident, other recent street racing stories have had much more tragic results. According to an ABC affiliate, authorities suspect street racing led to a fiery crash that claimed the life of an uninvolved driver and damaged at least eight vehicles in South Los Angeles on April 30. Another ABC outlet covered an accident that claimed the life of a baby and a teen on a highway outside of Atlanta. Officials believe the baby's mother was racing when she lost control and hit a guardrail before colliding with another vehicle, killing her 7 month old child and a 19 year old passenger.

Street Racing Statistics Show an Elusive but Growing Danger
It is difficult to pinpoint the number of accidents and fatalities that are tied to street racing. A report published in USA Today last fall notes that this is partly due to changes in the way such accidents are tracked. The National Highway Traffic Safety Administration reports that 153 people died in 122 racing-related crashes nationwide from 2001 to 2010. However, this statistic only includes incidents in which police charged at least one driver with illegal racing. The agency previously preferred a broader definition, including all crashes where investigators found that racing was involved. Using this definition, there were 1,047 racing deaths in the 2001 to 2008 period.

A study published in 2004 in Injury Prevention reviewed fatal street racing accidents from 1998 to 2001 ("The fast and the fatal: street racing fatal crashes in the United States"). While fatal crashes are generally spread fairly evenly throughout the day, the authors found that fatal street racing accidents were clustered in the late evening or early morning hours. Compared to other fatal accidents, street racing deaths were five times more likely to have occurred in urban areas. Notably, deadly street racing incidents were less likely to involve roads with a speed limit over 65mph when compared to other fatal accidents, but they were six times more likely to have actually involved speeds over 65mph. Drivers involved in street racing deaths were more likely to be males and teenagers.

The authors of the Injury Prevention study note that street racing is a factor in only a small percentage of traffic deaths (they did not study injury statistics). While this may be true, it does not change the fact that street racing is dangerous and deadly. It also appears to be a threat on the rise. Street racing deaths also carry an extra element of tragedy because they are the result of unnecessary risk. Accidents happen on the road, but it is hard to categorize street racing deaths as pure accidents when they stem from a blatant disregard for safety.

Justice for Panama City Street Racing Victims
If you or a loved one has been the victim of a Panama City street racing accident, please call. Wes Pittman is an experienced Panama City injury attorney and, along with his legal team, he can help the victims of street racing recover the monetary compensation that is essential to moving forward.

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Protecting Panama City Pedestrians

Considering Negligence Following Two Startling Headlines

It saves money, protects the environment, prevents disease, reduces stress, and keeps waistlines trim. Additional studies suggest it can even eliminate the need for medications, reduce breast cancer risk, prevent dementia and improve sex lives. This is just a sample of the many benefits of walking. While walkers will occasionally confront a bit of muscle stiffness or even a twisted ankle, pedestrian traffic accidents are a much more frightening prospect. As a Panama City pedestrian accident lawyer, Attorney Wes Pittman works with his team to protect pedestrians when the negligence of others turns a walk from a healthy alternative into a tragic event.

Panama City Accident Sends Pedestrian and Driver to Bay Medical
Last Friday, as detailed by WJHG, an accident injured both a pedestrian and a driver at the intersection of Highway 77 and 23rd Street in Panama City. Police report that a car turning east onto 23rd Street clipped the rear of a sports utility vehicle. The impact caused the SUV to roll onto its side and slide along the road, hitting a pedestrian before colliding with the pedestrian signal and a traffic light control box. Paramedics transported both the pedestrian and the SUV's driver to Bay Medical Sacred Heart.

An Overview of Pedestrian Accidents and Injuries
According to the Traffic Safety Facts sheet produced by the National Highway Safety Administration, 4,280 pedestrians were killed and an estimated 70,000 pedestrians were injured in traffic crashes in the United States in 2010. Looking at these figures another way, a pedestrian was injured every eight minutes and a pedestrian died every two hours as a result of traffic accidents.

Pedestrian accidents can result in a wide range of injuries, from the relatively simple to the life-changing and life-ending. Some of the more common injuries suffered by pedestrians in traffic accidents include: Contusions/Abrasions; Blood loss; Fractured/Broken bones; Head/Brain injury; and Spinal cord injuries. The wide range of economic losses tied to pedestrian injuries includes medical bills, lost wages, and the need for household assistance or even renovations to make a home handicapped-accessible in the case of long-term injury. Victims are also left with "non-economic" results tied to coping with severe pain and the mental suffering that follows an accident.

Causes of Pedestrian Accidents and the Comparative Fault Rule in Florida Injury Law
In many cases, the cause of pedestrian accidents boils down to one basic problem: negligent driving. This general cause encompasses accidents involving speeding, failure to yield, distracted driving, and impaired driving. Another general problem is the failure of drivers to adapt their behavior to the situation, such as slowing for school zones and exercising increased vigilance in areas with a high level of pedestrian traffic.

Pedestrian behavior can also be a factor in traffic accidents. Walking between parked cars, crossing against the light or outside of crosswalks, and failing to pay attention to traffic conditions are just a few of the pedestrian behaviors that can contribute to an accident. However, injured pedestrians should remember that the law will protect even imperfect victims. If driver negligence played a role in a pedestrian accident, the victim may have a legal claim even if the pedestrian's own behavior contributed to the incident. This is the result of a system known as comparative negligence. Under this framework, the victim's own fault is not a bar to recovery. Instead, the victim's fault comes into play in the calculation of damages. A court will look at the percentage of fault attributable to the victim and reduce the amount of damages awarded by that same percentage.

Our Commitment to Panama City Pedestrians
At the Pittman Law Firm, we are pro-walking and pro-walker. This means we support planning efforts that make our communities pedestrian friendly. It also means a commitment to serving as a law firm for Panama City pedestrians when the negligence of drivers or others leads to serious pedestrian accidents. Please call if we can put our expertise to work for you.

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Dubious Distinctions: Florida and Bay County Rank Among Most Dangerous Places for Pedestrians

(Photo by Julio César Cerletti García)

Working with the victims of nursing home abuse in Panama City is heart-wrenching. It also provides us with unique insight into the nature of abuse and a frequent reminder that elder abuse can take many forms. We are also reminded that not all bruises are physical. Emotional abuse, including verbal harassment, is a very real form of abuse. Our team takes this form of mistreatment very seriously, representing victims of emotional abuse in nursing homes and other care settings.

Crestview Nursing Home Faces Allegation It Ignored Claims of Abusive Treatment
In an article published this week, Northwest Florida Daily News looked at claims of abuse in a local senior care facility. According to the Agency for Health Care Administration and a proposed settlement agreement, the Silvercrest Manor Nursing home failed to provide a setting that was "free of verbal or physical abuse" for three of its sixty clients. The facility is a rehabilitation and skilled nursing home located at 910 Brookmeade Drive in Crestview. Reportedly, multiple staff members were alerted to cases of rudeness, rough treatment, and refusal of care, but they failed to take appropriate action pursuant to state law.

Silvercrest now faces a fine of $13,500 and probation for failing to report these abuse allegations and implement appropriate preventative measures. The facility has thirty days to appeal the Agency's findings and has thus far denied all wrongdoing. If the sanctions are approved, Silvercrest will be placed on the state's nursing home watch list, a category that includes one in five Florida nursing homes. Brian Lee, the executive director for Families for Better Care, commented that the findings are striking for the facility's failure to take action after being made aware of abusive treatment.

Understanding & Ending Emotional Abuse
It may be easier to turn a blind eye to abuse when it doesn't manifest in a black eye or broken bone. Residents of our nation's senior care facilities have a right to be treated with dignity and respect. Emotional abuse may not leave physical scars but it is still abuse. Emotional abuse can take a variety of forms, including: Isolation (ex. denying contact with family members); Degradation (ex. mocking a resident for their limited abilities); Manipulation (ex. intimidating the resident in order to make the staff member's job easier); and Threats (ex. intimidating a resident and suggesting care will be withheld if the resident has a bathroom accident). Emotional abuse often feeds off itself, with the abuser suggesting that further mistreatment will follow if the resident reports the abuse. Facilities may contribute to an abusive setting by overworking staff members or by failing to take emotional mistreatment seriously as a form of abuse.

Since emotional abuse does not leave visible scars, it can be harder to recognize. Victims may be hesitant to report abuse, fearing retribution, or may be unable to report abuse given their mental or physical limitations. Warning signs that should alert loved ones to the possibility of emotional abuse include: Withdrawal/Seclusion; Anxiety/Agitation; New tics or other unusual behaviors; Mood swings; and Acting emotionally abusive towards others.

If you or a loved one is experiencing emotional abuse in a Florida nursing home, you deserve help. The Florida Department of Elder Affairs operates a 24/7 abuse hotline at 1-800-96-ABUSE, as noted in their pamphlet: The Power to Prevent Elder Abuse Is in Your Hands. Our firm is also committed to protecting the rights of our senior citizens. We understand that emotional abuse is very real and that it is a very sensitive matter. Attorney Wes Pittman is a dedicated advocate for Panama City's aging population and an experienced Panama City elder law attorney. Please call and schedule a free consultation to learn more about your legal rights and the rights of your loved one.

See Related Blog Posts:
An Overview of Elder Abuse and the Forms It Can Take

Protecting Our Seniors Against Nursing Home Abuse

(Photo by Jonas Boni)

How much radiation have you gotten from X-rays and CT and nuclear scans? Is it a potential cause of cancer, and do doctors have legal responsibility to you for it? Eric Topol was the head of the renowned cardiology department of the Cleveland Clinic. Now, he is director of the Scripps Translational Science Institute. He is a very knowledgeable doctor who advocates for increased use of available digital technology in medicine not only to give us better healthcare but also to prevent us from being harmed by malpractice.

Topol says we are overusing radiation on people here in the U.S. and that the situation is far worse here than anywhere in the world. In his studied view, the runaway use of nuclear and CT scans and PET imaging is alarming. Patients aren't informed about how much radiation they are getting or that it can cause cancer in them down the road. Non-ionizing radiation, as in MRI and ultrasound, doesn't hurt us, but doctors continue to rely heavily on scans that have harmful ionizing radiation.

A unit of measurement of the amount of radiation is a millisievert. Topol says we should be told how many millisieverts we are getting with a scan. Few people know that a CT angiogram of the heart is 16 millisieverts, the equivalent of 800 chest x-rays, or that a typical nuclear scan used in cardiology gives 41 millisieverts, the equivalent of 2000 chest x-rays. A simple badge, like that worn by technicians in x-ray labs, could measure the amount of radiation delivered to us over time. They aren't used on us.

The medical profession hasn't been held accountable for this over-treatment which data shows is causing an alarming 2-3% of the cancers in this country. He feels it represents a crisis, particularly in children. Dr. Topol frankly states that doctors are guilty of a serious breach of their responsibility to their patients. In plain words, that is medical malpractice.

Last week, we used this space to discuss the wide range of injuries that can happen when a car and motorcycle collide. Sadly, we find ourselves considering the threat of motorcycle accidents again as three separate motorcycle accidents dominated the headlines in the Florida panhandle. These accidents are a reminder of one of the most important safety tips that out Panama City motorcycle accident law firm can impart - helmets save lives.

Two Days, Two Tragic Motorcycle Accidents
On Monday night, a 47 year-old motorcycle rider lost his life in a collision on State Road 85. Northwest Florida Daily News reports that Tracy Jay Tate was riding his Yamaha motorcycle northbound and arrived at the intersection with Antioch Road at around 7:45PM. Police believe that Tate proceeded forward on a red light as Kiiya Sherre Dixon began to enter the intersection from the eastbound lane of Antioch Road as her light turned green. The vehicles collided, sending both into the grassy shoulder area. Dixon and her 12 year-old passenger were uninjured. Tate, who was not wearing a helmet at the time of the collision, was taken to North Okaloosa Medical Center and was pronounced dead as a result of injuries sustained in the crash.

U.S. 98 was the scene of another accident in the early hours of Tuesday May 14. According to the News Herald, Paul Mendyga of Panama City Beach was travelling west on U.S. 98. Officials and crash investigators believe Mendyga may have had difficulty negotiating a turn onto Hannah Avenue, causing him to lose control and separate from the motorcycle. He sustained head injuries in the accident and was taken to an area hospital in critical condition. The investigation remains ongoing. Panama City Police Department officials reported that Mendryga was not wearing a helmet.

NHTSA Study Examines Results of Florida's Repeal of the Universal Helmet Rule in 2000
In the summer of 2000, Florida law changed to eliminate the requirement that all motorcycle riders wear helmets, allowing those over 21 to ride without a helmet if they carry at least $10,000 of medical insurance. In 2005, the National Highway Traffic Safety Administration ("NHTSA") released a study evaluating the results of this change. The study concluded that 81% more riders died in motorcycle accidents during the 2001-2003 span than in the 1997-1999 time period (compared to a 48% increase nationwide). Analyzing the data, the NHTSA concluded that, "[b]ased on the available evidence the increase in motorcycle fatalities that occurred after the Florida motorcycle helmet law was repealed is due in part to the reduced use of helmets." Hospital admissions also rose by 40%, with admissions for injuries to the head, brain, and skull rising by more than 80%.

Looking at the Florida data as well as data from other states, the NHTSA concluded that eliminating an all-rider requirement will lead to a marked drop in helmet use from nearly 100% use to closer to 50% daytime helmet use. In turn, the number of motorcycle fatalities can be expected to increase by 50 to 100% almost immediately following the repeal of the all-rider requirement. While the number of registered motorcycles will likely rise, this is not the cause of the increased death rate given that the number of fatalities per registered motorcycle will also increase. Additionally, the number of serious but non-fatal accidents will likely rise faster than the rate of lesser injuries. Although the data on injuries is less clear than the fatality data, this suggests failure to wear a helmet correlates with more serious injuries in the event of a crash.

Protecting Panama City's Motorcycle Riders
At the Pittman Law Firm, we are proud to serve as a law firm for Panama City motorcycle riders. We know that many motorcycle accidents are caused by the negligence or inattentiveness of automobile drivers and we are committed to helping the victims of these collisions. While the failure to wear a helmet is never the direct cause of an accident, it can make the resulting injuries more severe or increase the chance of a fatality. Even if the law does not require it, we urge all riders to wear helmets.

See Related Blog Posts:
Advocating for Injured Motorcycle Riders in Panama City and the Florida Panhandle

Panama City Motorcycle Accidents and Florida Motorcycle Law

(Photo by Ross Huggett)

We believe, whole-heartedly, that the answer is "Yes." We couldn't do our work otherwise. The question is one posed by the writers of Salon.com and The Crime Report - "Can elder abuse be stopped?" We believe it can be, but we know that it will require widespread efforts from law enforcement, medical personnel, courts, and individuals. We are proud that our Panama City elder abuse law firm is part of this effort. On the day after we celebrated our mothers, we wanted to bring you news about an effort that may prove promising as we work to reverse the rising tide of elder abuse.

Elder Abuse, A Nation's "Dirty Little Secret"
Americans over age sixty-five represent the fastest growing demographic in the U.S., a statistic that opens The Crime Report's article on elder abuse. The threat of abuse targeting this growing senior population is wide-ranging, including physical mistreatment, financial fraud, neglect, and sexual abuse. Experts in many fields agree that too little is being done to put a stop to elder abuse, a problem that one expert called "the dirty little secret no one wants to talk about."

A New Approach Based on Collaboration & Coordination
One of the most cited obstacles in the fights against elder abuse is the lack of coordination amongst law enforcement, social services, medical practitioners, and other groups working to address the problem. In 2003, the first of what is now a small handful of "elder abuse forensics centers" opened at University of California Irvine, with the goal of bringing together groups that have previously battled the problem separately. Attorney Belle Chen, a prosecutor who oversees the elder abuse unit for the Los Angeles DA's office and who works with the Los Angeles County Elder Abuse Forensic Center, notes that collaboration helps the group develop strategies and a more focused approach for elder abuse cases. Currently, there are three forensics centers in California, two in New York, and one in Texas.

The collaborative approach touted by the centers appears to be working. A study published in the May 2012 edition of The Gerontologist found that the center based out of the University of Southern California helped spark an eight-fold increase in financial elder abuse prosecutions undertaken by the Los Angeles district attorney's office between April 2007 and December 2009. Dr. Diana Homeier, the USC-based center's director, calls this a natural outgrowth of the collaborative approach. She reports that, when she began her gerontology practice 13 years ago, she quickly notices the lack of communication among the various agencies and interest groups helping the elderly. In contrast, the collaborative forensics center model allows professionals to gain insight from other fields and allows them to work in concert on the shared goal of stopping elder abuse. Dr. Homeier notes: "The model is on the cutting edge. It's a whole new way of looking at elder abuse cases." This view is echoed by Risa Breckman, executive director for the New York City-based center, who adds that the groups can provide a more robust response to cases as experts work to examine them more thoroughly and efficiently, with each partner bringing a distinct perspective on the issues.

Our Commitment: Working With Other Experts to Help Panama City Elder Abuse Victims
Our legal team, led by Attorney Wes Pittman, understands the importance of collaboration. We are working to bring an end to elder abuse through education and by serving as a law firm for Panama City elder abuse victims. Throughout all areas of our legal practice, we work with doctors, law enforcement, and subject-area experts to analyze evidence and, where attempts at pre-trial resolution proves unsuccessful, present information to juries.

In addition to providing redress for our specific client and removing him or her from an abusive situation, individual cases have a broader impact by: 1) Making people take notice, including of situations where the abuse is actually the unintentional result of an overburdened family caretaker; 2) Prompting changes in policy and procedure that protects others in the same nursing home or other care center as the named victim in the case, and; 3) Helping encourage a related criminal prosecution that removes a wrongdoer from an authority role (or, in appropriate circumstances, from society as a whole).

Please call our office so we can discuss the specific circumstances impacting you or your loved one and begin to craft a plan to get justice. We hope to see the forensics center approach arrive in Florida. If you or a loved one is the victim of elder abuse in Northwest Florida, please call our office so we can discuss the specific circumstances impacting you or your loved one and begin to craft a plan to get justice. Additionally, please visit the Florida Department of Elder Affairs for further information on reporting elder abuse in Florida.

See Related Blog Posts:
An Overview of Elder Abuse and the Forms It Can Take

Website Brings Attention to the Epidemic of Elder Abuse

There's something particularly tragic about the death of a young child. While every traffic fatality is tragic, it is especially difficult when a life is cut short so easy and when the victim is still so sweet and innocent. Unfortunately, child traffic deaths (and child traffic injuries) are all too common with backup accidents posing a particular danger to the youngest victims. The pain of these devastating accidents is unfathomable and our Panama City child accident lawyer is committed to helping get justice for these young victims.

Eastpoint Backover Accident Claims Toddler's Life
The News Herald reported on a tragedy that darkened an Eastpoint neighborhood on Tuesday afternoon at approximately 3:45 P.M. Twenty-five year old Jessica Lee Davis was backing out of a driveway on Russell Road, east of First Street, and failed to notice when a toddler stepped behind the 2004 GMC Sierra. Emergency responders attempted to revive one year old Kelly Shiver, son of Brittney and Allen, and transported him to Weems Memorial Hospital. Unfortunately, he died from his injuries. A report filed by Trooper Paul Azrak of the Florida Highway Patrol indicates that neither Davis nor her passenger, 32 year old Jason P. James, was injured. The report indicates that alcohol is not believed to have played a role in the accident.

The Threat of Backover Accidents
KidsAndCars.org, a nonprofit founded by a crime victim, is dedicated to keeping children safe in and around motor vehicles, has chosen backover accidents as one of their focal issues. In their Backovers Fact Sheet, the group notes that thousands of children are injured or killed each year because a driver failed to see them while backing up, most often in parking lots or residential driveways. Statistics show that 50 children are backed over each week in this country. This includes 48 children who are treated in emergency departments and two who suffer fatal injuries every week. The predominant age for backover victims is one year old and more than 60% of the accidents involve a larger vehicle (i.e. truck, van, or SUV). In 70% of cases, a parent or other close relative is the one behind the wheel.

The problem of backover accidents is growing as vehicles grow. All vehicles have some form of blind zone behind the rear wheels that cannot be seen from the driver's seat and this zone is larger in SUVs and other larger vehicles. Young children are naturally curious and impulsive. One of the most common risk scenarios occurs when a parent or other loved one is departing and a young child follows the adult into the driveway without the driver's knowledge. While parents should educate children about cars from the earliest of ages, the responsibility really rests on the adult drivers to use heightened attention when backing up. Toddlers in particular lack a sense of personal safety, despite having attained a level of independent mobility.

Legislation Intended to Protect Children Stalls
KidsAndCars was one of the groups behind The Cameron Gulbransen Kids Transportation Safety Act of 2007, named for a toddler who died in a backover accident in his family's driveway when his father, a pediatrician, was at the wheel. As discussed in an Edmunds article, the NHTSA expected to finalize a rule requiring backup cameras in all new vehicles, one of several safety measures mandated by the Act, by the end of 2012. However, the rule stalled (and remains stalled) in what Edmunds describes as "an ongoing disappointment to safety advocates."

No Substitute for Driver Vigilance
Backup cameras offer one of the best forms of protection against backover accidents. We hope lawmakers and regulators can get beyond their arguments and put safety first by fully implementing the Gulbransen Act. However, technology is no substitute for vigilance and awareness. Accidents happen, but tragedies are often preventable. If someone else's negligence resulted in your child's injury or death, please call our Panama City child injury lawyer.

Our hearts go out to the family of Kelly Shiver. We wish them peace as they move through this difficult tragedy.

See Related Blog Posts:
Boy Succumbs Following Mauling: Attorney Considers Tragic Case and the Wrongful Death of a Child

The Importance of Pedestrian Safety in Florida

(Photo by Scott Stillson)

What would you do if your car was heavily damaged in a wreck? Would you repair it, or would you buy a new one? In most cases, your insurance company will make that decision. Its decision is based on state law that requires a car to be totaled out if the cost to repair exceeds 80% of its value. It's also based on the insurance companies internal policies. Some total out much lower than required by state law, some as low as 51% of the value. Once the car is totaled, the insurance company pays the actual cash value less the deductible amount to you and sends the car to a salvage yard to be sold at auction for parts. It keeps what the scrapped vehicle sells for at auction.

If you loved Old Nelly and can't bear to part with it and want to get it repaired despite the cost, the insurance company will probably pay you the same, except that it might deduct what it figures it could have sold the car for at auction. Then, you could pay out of your pocket for Old Nelly's repairs. A common complaint from people is that "my insurance company didn't pay me enough for my car." They think Old Nelly had a higher value than the company placed on it.

Some good places to look for value are edmunds.com and kbb.com (that's Kelley's Blue Book). Input things like your car's equipment, mileage, general condition before the wreck, and your zip code. In seconds, those sources will compute the average value of your car. You can compare those figures with the insurance company's offer and to argue for a larger payment. Another option is to hire an independent appraiser to inspect your vehicle and write a report that you can give to the adjuster. Body shops will put you in touch with appraisers. Finally, you have the option to hire a lawyer to increase the odds of getting a higher payment, but you have to ask if the fight in court will be worth it. The best thing to do? Stay alert, and avoid a wreck!

As a law firm with vast experience representing motorcycle riders, we know that, for many, riding is more than simply a mode of transportation; it is a way of life. This passion is demonstrated by the thousands of riders who come to town for the biannual Thunder Beach Motorcycle Rally. A WJHG headline suggests that last weekend's rally and the Bike Week that led up to it may have been the biggest ever. Unfortunately, even the safest of riders is at risk when negligent drivers fail to exercise due care behind the wheel. Our Panama City motorcycle accident law firm is proud to serve the motorcycle community when these motorcycle accidents occur.

Rising Popularity, Rising Motorcycle Injury Rates
In recent decades, the popularity of motorcycles has skyrocketed. According to the Network for Employers for Traffic Safety ("NETS"), there are more than 6.2 million motorcycles registered nationwide. Unfortunately, this popularity has led to a significant increase in motorcycle-related fatalities, with the number of deaths more than doubling over a decade. Motorcycles represent only two percent of all registered vehicles, but they are involved in more than 10% of crashes in the U.S. In 2006, 88,000 riders were injured in highway crashes and 4,810 died, making motorcycle riders more than 37 times more likely to die per mile travelled than passenger vehicle occupants.

Representing Injured Riders in Northwest Florida
At The Pittman Law Firm, we know that motorcycle crashes can lead to a wide range of injuries. There are (relatively) the minor injuries like broken bones, torn ligaments, and "road rash." There are also major, life-altering and life-threatening injuries. These can include:

• Head injures - Injuries to the head, such as a fractured skull or severe facial scarring, are very common and can occur even when the rider wears a helmet.


• Traumatic brain injuries - Even when the skull remains intact, brain injury may be present and can lead to permanent mental and physical problems.


• Spinal cord injuries - Spinal cord injuries include spinal contusions and compression, in addition to other injuries that lead to paraplegia or quadriplegia.


• Back injuries - Slipped discs, sacroiliac joint dysfunction, and facet syndrome are just a few forms of back injury that can result from a motorcycle crash.


• Neck injuries - A range of serious and painful neck injuries can stem from a motorcycle accident, including pinched nerves, fractures, and herniated discs.


• Other major, catastrophic injuries - Just a few examples: Severe burns, internal bleeding, organ damage, severed limbs, and compound fractures.

Representing Seriously Injured Motorcycle Riders in the Florida Panhandle Region
An accident can completely change a victim's life. There can be huge financial costs including not only medical bills and lost wages but also the costs of modifying a victim's home to make it handicapped accessible and the costs of travelling for medical care. Victims with permanent injuries may also need home health aides and other assistance with household tasks that the victim used to be able to do for him or herself. Furthermore, there is the mental and emotional impact of a major crash and the resulting injuries.

While an ever-increasing litany of features are designed to keep automobile occupants safe, the fact remains that motorcycles provide virtually no protection to riders. This makes riders vulnerable when the negligence of an inattentive driver leads to a collision. For more than thirty years, Attorney Wes Pittman has represented people injured in motorcycle accidents in Panama City and the surrounding regions. We are proud to serve the motorcycle community. Call if we can help you.

See Related Blog Posts:
Panama City Accident Lawyer on the Goals & Strategies in Florida's Motorcycle Safety Plan

Panama City Motorcycle Accidents and Florida Motorcycle Law

When we think about travel these days, automobiles tend to be the default with our thoughts shifting to planes when the trip grows longer. Railroad travel is still common for commuter travels in some large cities and for business travel in the Northeast, but it often feels like the days of longer-distance train travel belongs to a bygone era. However, many would like to see this change and to see train travel become a more common part of life in the twenty-first century. This includes making train travel a more viable option for those in the Southeastern United States. Opening up the railroad networks could ease highway congestion, reduce pollution, and provide cost-savings to some travelers. While trains are often considered one of the safer transportation options, railway accidents are still a threat and our Panama City train accident lawyer is prepared to help those who are hurt or who lose a loved one in a Northwest Florida train accident.

States and Communities Work to Restore the Sunset Limited
Over the weekend, The News Herald reported on a renewed push to restore Amtrak service between Jacksonville and New Orleans. While many consider this a long-shot, the route would revive 15 to 20 stops along the way, including stations in Chipley and Crestview. Bay County Transportation Planning Organization passed a resolution, one passed previously but abandoned after Katrina, asking that the passenger route be reopened. Consultant Dan Dealy, who is pushing the route on behalf of the city of Mobile, Alabama, notes that Amtrak does not appear interested in the project, both due to inertia and because the so-called Sunset Limited route had never been one of its more popular spans. The tracks themselves have been repaired since Katrina and have been in working order since January 2006. They are currently used by Amtrak for freight transportation but not for passenger travel. Notably, the New Orleans to California portion of the route, which had been coast-to-coast, is still operational.

States in the Gulf region are pushing for daily passenger rail service, but the crucial decision-point lies in Congress. Amtrak is waiting on Congress to choose between three service options, including the potential restoration of the Sunset Limited. The 2014 appropriations request submitted by Amtrak did not include funds to restore the route. Dealy reports that lawmakers are playing politics with transportation funds and the rail route. While some point to previously low ridership, supporters note that the absence of daily service and a lack of dependability, including large delays, accounted for the ridership rates.

Train Accidents: Statistics and Litigation
While train travel is considered relatively safe when compared to other modes of travel, it is not without risk. The Federal Railway Administration's Office of Safety Analysis system breaks rail accident statistice into several categories. For 2012, the office reports 1,712 total train accidents ("an event involving ontrack rail equipment that results in monetary damage to the equipment and track above a certain threshold") and 1,960 highway-rail accidents ("any impact between a rail and a highway user at a crossing site, regardless of severity). Totaled together, these incidents claimed 242 lives and caused 1,205 non-fatal injuries in 2012.

Train accident litigation can be very complex. Depending on the nature of the accident, claims may be made against individual employees, private companies (including transportation companies and the manufacturers of various rail equipment), and municipal organizations, as well as other individuals and entities involved in the accident. Accident types include, but are not limited to, derailments, fires, mechanical failure, and collisions with automobiles.

We favor having a range of transportation options available to the citizens of Northwest Florida and our visitors. Rail service could be a great addition to the current options and might also bring additional business visitors and tourists to our region. However, train service is not without its risks and our Panama City rail accident law firm will be there for victims of train-related accidents.

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(Photo by Diego Torres Silvestre)

From t-ball and PeeWee football to competitive high school teams, sports play a major role in the lives of many young people. Sports can be a terrific way for children to learn teamwork and discipline. Athletics are also a great way to combat the growing threat of childhood obesity. However, childhood sports can also lead to injuries ranging from bumps and bruises to compound fractures. As a Panama City sports injury law firm, we think it is especially important for both parents and coaches to be on the lookout for head injuries and the threat of concussions in youth sports.

Diagnosing Concussions: One Tool Being Used in Florida Youth Sports
In a recent report, WJHG addressed the difficulty of identifying concussions in young athletes. Diagnosing concussion is crucial, in part because of the danger of subsequent injury. Even a minor second impact to the head that occurs before a concussion has fully healed can lead to Sudden Impact Syndrome. In this syndrome, the brain herniates and half of the young athletes impacted die on the playing field.

Surprisingly, as Dr. Paul Hart told WJHG, it can be difficult for emergency room doctors to determine whether a child has a concussion. The doctors may order an MRI or CAT scan, but a concussion is not a structural problem so it will not show up on either type of image. Diagnosing a concussion accurately involves testing what the brain is able to do before and after a head injury. An emergency room doctor and the parent of a young athlete, Dr. Hart notes that ERs simply don't have the time to do more in-depth cognitive testing.

One tool that coaches and parents can use to help diagnose concussion is ImPACT 101, a form of neuro-cognitive testing. Ideally, athletes take the test in advance of an injury and again after an impact. It is a twenty minute test and, according to Dr. Eddie Zant of Concussion Specialists, Inc., it can identify brain injury or impairment. Nearly every school district in Northwest Florida has adopted the test to some extent in their athletic departments.

A Broader Look at Brain Injury and Young People
Despite the difficulty of diagnosing concussions in the ER, the Center for Disease Control reports that ERs see an estimated 173,285 cases of sports and recreation-related traumatic brain injury ("TBI"), a category that includes concussions, in children and adolescents (age 0-19) each year. Such injuries have increased by 60% in the last decade alone. In a study of high school athletes, TBI rates were highest in football and girls' soccer. For younger children, those under age 9, playground play and bicycling are also common sources of TBI. The CDC also provides numerous fact sheets (including a section on baseline testing programs like ImPACT) aimed at helping parents, coaches, teen athletes, and even medical professionals identify and respond to concussions in young people.

Youth sports have become increasingly competitive, even in the case of the youngest athletes. It is vital that coaches and programs work to identify the causes of concussions and TBI to help prevent them before they happen. These groups must also learn to identify concussions and refuse to allow young people to play (including both practices and competitions) if there is any chance of concussion. We should also educate young athletes themselves and be sure to emphasize that health and safety must come before even the biggest "Big Game."

If you believe the actions of an individual or the policies of an organization led your child to suffer serious injury, including a secondary head injury following a concussion, please call our Panama City child sports injury lawyer. Where appropriate, a civil suit can help you recover monetary damages vital to paying for medical bills and the other costs of a serious injury.

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(Photo by Robbie Grubbs)

The $15 million dollar lack of funding for a medical research program may be killing the equivalent of one jumbo jet full of people in the U.S. every other day. That's half the money for 1 new jet fighter, but many experts in medicine think this figure of $15 million would save hundreds of people every two days. Why? A widespread health study is necessary to convince the medical profession that a shift in its way of treating heart attacks is not only necessary but critical.

Richard Smalling is an interventional cardiologist at a University of Texas hospital in Houston. Interventional cardiologists are the folks who do procedures like heart catheterizations, balloon angioplasties, and the placement of stents in those pesky arteries that tend to close up because of cholesterol and kill us. According to him and various studies, on average, it takes 4 hours for a heart attack patient to get to the hospital and get treatment. Way too long. Opening a blocked artery that's causing the attack should be done within 90 minutes of first medical contact to save huge amounts of heart muscle and save over half the people.

In Houston, a pilot program is responsible for ambulance medics giving half a dose of a clot busting drug on the way to the hospital. While that's going on, a hospital team is being assembled to work on the patient in the cath lab to get the artery opened. It has been hugely successful. Eighty percent of the heart attacks have been stopped very early not by the doctors but by the paramedics. The medical profession is slow to change anything. Despite Houston's success, it's going to take a randomized medical study to change their inertia. Malpractice, killing a jumbo jet full of people every other day from unnecessary heart attacks, may be occurring. Government funding costing one-half a jet to do the research and modification of backward thinking medical groups is urgently needed to save...us.

After intense efforts by groups like Mothers Against Drunk Driving , founded in 1980, most people are aware that drunk driving is dangerous and poses a threat to the driver and everyone else travelling on or near the roadway. People are quick to identify drunk driving as a safety threat but fewer cite the broader problem of "driving while intoxicated" or "driving under the influence." These offenses encompass the use of not only alcohol but also both legal and illegal drugs. A growing part of the DUI/DWI threat, and a rising concern to our Panama City DUI injury law firm, is the group of substances known as synthetic drugs.

Synthetic Drugs Overview
The Office of National Drug Control Policy notes that synthetic drugs include synthetic marijuana (plant materials laced with THC, the active ingredient in marijuana, and also called "Spice" or "K2") and so-called "bath salts," which contain manmade chemicals similar to amphetamines. These are sometimes sold in stores with labels, including a blanket "not for human consumption" statement, that mask their intended purpose and also avoid FDA oversight. A 2011 study found 11.4% of high school seniors used synthetic marijuana in the prior year, making it the second most frequently used drug for the age group. Poison control centers and other public health groups have issued warnings about the adverse health risks of synthetic drugs including hallucinations, agitation, tremors, violent behavior, and elevated pulse and blood pressure

Gov. Scott Signs Florida Synthetic Drugs Ban
Efforts to ban synthetic drugs have been spreading across the nation. Last week, as reported by WJHG, Florida Governor Rick Scott signed a bill banning 27 different forms of synthetic drugs, including Spice, K2 and bath salts. The ban went into immediate effect, making manufacturing or selling the substances a third-degree felony. Officials from the Bay County Sheriff's Office noted that they have to work to stay on top of trends in the synthetic drug arena because the chemical compounds used by manufacturers are ever-changing. Governor Scott noted that he hopes the ban will continue the trends that have Florida reporting crime rates at a 41 year low.

Accidents and Injuries Stemming from the Use of Synthetic Drugs
Synthetic drugs can pose a danger to both the user and those who come in contact with a person under the influence. Bath salts have been associated with some truly horrific headlines, including more than one case of reported cannibalistic activity. There is also a growing trend, and growing danger, associated with driving under the influence of synthetic drugs. Seacoast Online, a New Hampshire news source, reported on a rollover crash on April 9, 2013 involving serious injuries to both driver and passenger. The driver admitted to using K2 prior to the accident, resulting in initial charges including aggravated driving while intoxicated. On March 5, as reported by West Virginia's WCHS, police found synthetic marijuana in a vehicle following an accident. The driver was paranoid and combative when police arrived and they found a folding knife in his right hand when they tried to handcuff him. He was charged with obstructing and "driving under the influence-drugs."

It is impossible to know how many accidents have resulted from the use of synthetic drugs because they are hard to test for and the formulas are constantly changing. However, there is no question that the use of synthetic drugs is a threat to roadway safety. Our Panama City drugged driving lawyer is prepared to help the victims of car accidents caused by a driver using synthetic drugs. We can also help victims of other incidents stemming from the use of synthetic drugs seek monetary redress in Florida's courts. Call to schedule a free consultation.

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Tragedies, ironically, bring out the best in people. After a tragedy, natural or man-made, people rush to donate money and goods to the victims. Sadly, dishonest people take advantage of this generosity by creating fake charities (Note: the Better Business Bureau provides tips on avoiding fraudulent charities). Seniors are frequent targets of charity schemes and our Panama City elder abuse law firm is working to prevent all forms of financial elder abuse and help victims recover their money.

The National Council on Aging ("NCOA") reports that financial scams targeting seniors are becoming increasingly common and are posed to be "the crime of the 21st century." Perpetrators target seniors, assuming they have accumulated savings and may also own their homes. Scammers call the crimes low-risk and most go unreported (Note: overall, 90% of all cases of elder abuse are perpetrated by a relative). These scams can devastate victims who are unable to recoup their losses. The following are the NCOA's "Top Ten" financial scams targeting seniors:

1. Medicare/Health Insurance Fraud - Scammers pose as insurance or Medicare representatives to get personal information. Others offer a bogus medical service. Offenders then bill Medicare or private insurance, pocketing the money.
2. Counterfeit Prescription - This scam often starts online, with a victim looking to save on prescriptions. Fake pills are sold, posing a danger to both the victim's wallet and their health due to missed pills when a placebo is sold or dangerous ingredients are included in the pills.
3. Funeral & Cemetery Scams - Unscrupulous funeral homes add unnecessary charges to a bill, taking advantage of the client's unfamiliarity with funeral costs. In other cases, scammers comb obituaries or funeral home listings and call a recently widowed senior claiming the deceased owed a debt and extorting money to settle this non-existent debt.
4. Bogus Anti-Aging Products - Scammers capitalize on our love for youthful appearances, selling fake topical products and even bogus (potentially harmful) injectable substances.
5. Telemarketing Schemes - Seniors make twice as many purchases via the telephone than other age groups. This broad category includes fake charities, fraudulent sales, and calls claiming a loved one needs immediate funds following an accident (see Scam #10 for one variation).
6. Internet Fraud - These schemes prey on the fact that seniors may be less experienced when it comes to technology. A victim may unknowingly download a virus or pay for fake, unnecessary software. One example is a pop-up window suggesting the computer needs an urgent fix, a scam that may result in a unneeded purchase and then an actual virus being downloaded. "Phishing" schemes may involve emails purporting to be from an actual company (or even the IRS) that send the user to a bogus (but genuine-looking) website that then asks them to "verify" personal information or pay a bill.
7. Investment Schemes - Made famous by Bernie Madoff's case, scammers target those seeking to safeguard or grow their assets. Another form arises when people need assistance claiming a legal settlement or even and inheritance, and the scammers abuses this access.
8. Homeowner Schemes, including Reverse Mortgages - Since older people may be more likely to own their homes, real estate scammers often focus on seniors. Some fraudsters offer to do a fake reassessment in order to "help" the homeowner avoid a (also fake) tax increase. Legitimate reverse mortgages do exist (and are limited to those over age 62), but fraudulent unsecured reverse mortgage schemes are growing and promise money or assets in exchange for title to a senior's home. The senior signs over title but the scammers never deliver the promised consideration.
9. Lottery/Sweepstakes Scams - A caller may inform targets that they have won a prize but must make payments to "unlock" the prize. Victims may receive a prize check, the check eventually bounces but in the meantime the perpetrator collects the "fee" by depositing the genuine check before the prize money" check bounces. The schemes claiming to need help transferring a foreign fortune use similar methods.
10. Grandparent Scams - These start with a call, "Hey Grandma, guess who this is?" The caller quickly learns the name of a grandchild. The caller asks for help with an unexpected cost, begging that the senior not tell the grandchild's parent who would be "angry" (and might blow the scheme!). The victim is asked to use Western Union or MoneyGram to send funds, services the scammers know do not always require identification to collect funds.

This list is far from complete, but we hope it helps keep seniors, and people of all ages, safe. We also hope it reminds victims that they are not alone and should not be embarrassed, a reason many cite for not coming forward. When victims stay silent, scammers win. If you or a loved one has been the victim of financial elder abuse in Panama City or the surrounding communities, please call our team for help. Attorney Pittman understands the complex emotions involved in all elder abuse cases and our team promises to help you recover your lost money while always treating you and your family with respect.

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