Panama City Florida Injury Lawyer Blog

Employment and business losses caused by BP's oil spill are serious, of course, but those losses can be eclipsed by the human misery caused by cancer. BP's oil dispersants have been linked to cancer. Chemical dispersants were used by BP to help clean up the mammoth oil spill. They break up oil into smaller particles that ultimately move the oil from the surface of water or shores into the water column for ultimate distribution elsewhere in smaller concentrations.

Some 4.9 million barrels of oil gushed into the Gulf of Mexico. And 1.8 million gallons of dispersant were spread by BP during the 3-month long ordeal. The dispersants covered the waters and shores of Florida, Alabama, and Louisiana. Five of the ingredients in the dispersants, according to the U.S. Environmental Protection Agency, are linked to cancer.

Of course, BP didn't make this information public. It came from a Freedom of Information Act request by the Florida Wildlife Federation, The Gulf Restoration Network, and Earthjustice, among others. Their report, "The Chaos of Clean-Up: Analysis of Potential Health and Environmental Impacts of Chemicals in Dispersant Products" emphasizes the fact that some dispersants are safer than others. An Earthjustice spokesman said, "The testing (for safety) can't be done at the moment of the disaster; it has to be done ahead of time to avoid chaos." That meant that little was done to determine what dispersant should be used in this disaster to provide the utmost safety to the populations along the Gulf coast.

The medical problems from dispersants documented so far include loss of memory, seizures, severe abdominal pain, fatigue, irritability, and other neurological and endocrine problems, but, now, with cancer as a possibility, the stakes are higher. The fault may not lie solely, or at all, with BP. The dispersant manufacturers tend to keep secret the ingredients in their products, possibly because they know their dangers.

Did you know that on our roads at every moment there are many vehicles that have been cut apart and put back together without any blueprints, testing, or safety analysis? We don't know when one of these is approaching us on the highway, because they have been beaten to fit and painted to match. In other words, they look just fine. Even the owners of these cars, trucks, and recreational vehicles don't know how their vehicles were created.

Most vehicles on the roads are OEM, original equipment manufacturer, that is, made by recognized, quality manufacturers like Ford, General Motors, and Toyota. But the ones I'm talking about have been modified from their original status. They are stripped down, cut apart and reassembled as something else like handicapped accessible vehicles, RV's, limousines, off-road vehicles, and conversion vans. Usually, they aren't required to comply with federal motor vehicle safety standards. In many cases, the companies that create these vehicles fail to observe basic safety standards. For example, they may not have an engineer on staff; no engineer was consulted in the design; no testing was performed, and there were no quality controls.

Who pays the price for this shoddy work? Maybe the owner who is injured in a crash, because the vehicle was not structurally sound. I have seen a number of cases like this where the people in modified vehicles were horribly injured in wrecks that people in similar, unmodified vehicles would have easily survived without serious injury or death. Sometimes, though, it's the innocent people in the oncoming vehicles who are the victims. Maybe a steering problem or a suspension problem in the modified vehicle caused the problem. Those are the common culprits.

Continue reading "No Engineering, No Testing, Yet They Are On Our Roads" »

Credit damage from various forms of injury or litigation can result in costs to consumers in the thousands of dollars. Credit damage can occur in many situations such as serious personal injury causing default on payments, because the person can't work. It can also occur during real estate litigation, from identity theft, breach of contract, contested divorce, partnership disputes, and health insurance rescission.

Each of us has a credit reputation. When credit reputation is damaged, one can expect the loss of ability to get credit for new purchases or higher interest rates for the credit that can be gotten. In divorce cases, abuse of joint credit cards often occurs. The lower earning or unemployed spouse typically suffers, because his or her credit score can drop dramatically.

If you are in that situation, call this type of loss to the attention of your attorney or paralegal before a divorce settlement is prepared. Whether in a divorce or a personal injury case, loss of credit reputation due to a third party's conduct is a form of legal damage that may have significant value. These damages can be quantified, but too often this kind of damage is overlooked by attorneys. Why? The answer is pretty simple. Traditionally, this type of economic damage resulting from an injury was not taught in law schools. Today, these damages are considered as valid as loss of earnings, medical expenses, and pain and suffering, so be sure your attorney knows about this kind of claim and has considered it in your case. The red flags that can tip you off that you are experiencing damage to your credit reputation are the cancellation of your credit cards, foreclosure, repossession of a vehicle, and increases in credit card fees. As your legal team prepares this aspect of your case, they will ask for personal and sensitive financial information that is essential for case preparation. Don't worry. Everything you tell a legal team is held in confidence.

Although we try to avoid them, car and truck accidents do happen. We wish they wouldn't, but when they happen, it is important for you to know what to do then and in the next few days.

Of course, responsible drivers will stop and identify themselves. And police and medical services will be called. If you are not disabled by injuries at the scene, get witness names and phone numbers, because those people go on their way after a few minutes. Most witnesses leave before the police arrive and have a chance to identify them for accident reports. Make no statements at the scene that can be construed to admit your fault. Save those discussions for your insurance company, not the other driver's, or for your attorney.

At your first opportunity, notify your insurance company even if the claim appears to be small. Settling a claim by yourself is dangerous. Recognize now that if you are in a wreck and are hurt, settling with a powerful insurance company in a scenario orchestrated by an adjuster, who is trained to lead you down a dangerous and unhealthy path, is going to be disastrous for you unless you get legal advice. Right after the wreck, you are likely to get a call from the other driver's insurance company. You aren't obligated to talk to that adjuster, so refuse. Giving a recorded statement to that adjuster often leads to disaster.

For your car, get even minor damage repaired. If you don't, the depreciation in value will cost you a lot more in the long run. When you get it repaired, don't accept just any old parts the insurance company wants to throw your way. Get OEM, original equipment manufactured, parts that come from the car company itself. They are the best quality and will provide better structural integrity for your safety in most cases. Finally, for today, exercise your right to decide which shop will repair your car. Don't allow an insurance company to dictate that choice to you.

Continue reading "Important Things To Do and Not Do After an Accident" »

My years of practicing personal injury law have taught me some things about big trucks. One is that most drivers are afraid to be close to them. It's always good to be cautious, but if one is driving near a big rig driven by a highly trained professional driver, he's probably safer than when near SUV's and pick-ups driven by average drivers. Rarely will the good drivers exceed a speed limit. To the contrary, they'll slow down at the first sign of risk like a drizzle or road construction.

Safety mechanisms that everyone can apply to their driving habits can be learned by watching them. They keep their lights on during the day to make themselves more visible to other drivers. They drive far ahead of their rigs. By that, I mean they aren't just watching one or two cars ahead. They're looking down the road a tenth to a quarter of a mile to anticipate hazards developing, a car pulling out, a vehicle stopped on the side of the road, debris that might have to be avoided, or merging traffic.

On a divided highway, you'll see them driving in the right hand lane unless passing. And they will signal a lane change and move to the left to give merging traffic an opportunity to safely enter the highway and to give ample space to vehicles on the shoulder. The good drivers stop at rest areas to nap or to stretch. They check windshield wiper blades at frequent intervals, and they always have windshield washer solution in the reservoir to keep clean windshields for safe visibility. These are principles that all of us can apply to improve our driving safety and thereby avoid accidental injuries.

There are of course bad eighteen wheeler drivers just like there are bad drivers in every other kind of transportation. Some companies hire poorly trained drivers or drivers with terrible safety records. They keep hurting people. I sue those when they injure my clients, but I applaud and learn from the good truckers every time I drive. We must recognize the difference between them.