Panama City Florida Injury Lawyer Blog

Math skills wouldn't initially seem to be of much use to lawyers or those working on injury lawsuits in our area. However, in reality, math is used more than ever in the legal world to solve crimes, analyze fingerprints, and even by Traffic Investigators in car accident reconstruction. Our Panama City accident lawyer is quite familiar with the scientific aspects of these sorts of cases, even in seemingly simply situations.

For the young students who used to wonder how math would ever be used "in the real world" officers in some areas are now teaming up with local schools to show students how math is used in police investigations to identify suspects and solve every day mysteries.

For example, one recent article on the subject shared the story one of these school programs showing how math and science skills are used in a wide range of professionals, including those connected to the law. Prior to becoming a traffic investigator, Officer Christensen, like many of us, didn't see the relevance of math and science in high school. But now, after finishing his 14 week accident investigation course, Officer Christensen will tell you, accident investigations are "all math, science and physics."

The math and machines used by police in traffic accident investigations may not be as exciting as CSI, but its use can play a huge factor in determining liability and damages in a personal injury claim.

Math is used commonly in Panama City car accident investigations. Mathematical equations are used to calculate a car's speed based on skid marks. Math is also used to determine the force of impact between two vehicles by analyzing air bags and other life-saving instrumentalities in a vehicle. Physics is used to determine the impact of a collision on the human body after being struck by a vehicle.

More than just calculating damages, math has become as imperative to accident investigations as eye witness accounts and driving history. The increased use of math in accident reconstruction means we attorneys must be familiar with basic mathematical concepts and techniques implemented by accident investigators in order to best represent the needs of our clients. Understanding the concepts of speed, force, and impact are just as important as understanding the laws themselves.

Who knew math would be so important to your personal injury claim? Luckily, you don't have to understand the math and physics involved with your auto accident to bring a claim, but hiring an experienced personal injury attorney that also understands accident reconstruction can make a difference in the outcome of your case. These skills have become an integral part of the legal profession. It is now more relevant than ever before to have a Panama City personal injury attorney who understands how these techniques are used in investigations to ensure you are provided the best representation possible.

In most cases today there are ways to conduct sophisticated examinations to get very specific information that provide crucial information in local legal cases. That is why having an experienced Panama City accident attorney who understands these issues can make a huge difference. Our firm takes great pride in understanding each element of your personal injury claim and ensuring that no stone is left unturned when it comes to getting at the root of the incident. If you've been injured in an accident, contact our office today to see how we can help.

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Continue reading "Math, Science and Your Personal Injury Claim" »

RelayRides is a company with which many local residents may soon be familiar. The business, which is being backed by funding from Google and General Motors, is slated to open nationwide in the coming months. RelayRides allows residents to essentially rent out their own cars on an hourly basis to those who do not have a car themselves. The business therefore allows car owners the chance to make extra money using their idle car while providing a handy service for those who just need a car on random occasions.

However, our Panama City car accident lawyers understand that this program raising many interesting legal questions, perhaps most importantly: what happens in the event of an accident when using a shared car?

Those who rent their own cars should rightly be concerned about what happens if the one who is using their car gets in an accident. Private insurance companies will likely not provide any coverage. That is because car insurance policies rarely provide coverage when a car is being used for commercial purposes--such as being rented out as part of the RelayRides program.

As the spokeswoman for the Insurance Information Institute explained in a recent New York Times article on the topic, "If the 'renter' were involved in an accident, most likely the insurer would non-renew or maybe even rescind the auto policy. Similarly, a USAA spokesman explained that if a customer participated in a program like RelayRides, the insurance company "would inform them that participating in such a program will generally result in non-renewal." The Panama City accident attorney at our firm appreciate the potential consequences of these insurance issues for local residents.

RelayRides is aware of the concerns, and so the company provides $1 million in coverage for car owners in the event that a user hurts another in an accident while renting the car. This is an important and prudent step, but it still leaves a few questions. For one thing, any damage over $1 million might lead to personal liability. The Panama City car accident attorney at our firm knows that when serious injuries are involved (like brain injuries) or multiple people are injured, the total damages can quickly exceed $1 million.

Perhaps even more concerning, there is a chance that the company's policy may not apply after an accident. For example, the RelayRides terms of service explain that the company disclaims warranties for fitness for a particular purpose. Also, in some areas the car sharing company may legally be able to go after a car owner following an accident if they deem the owner to have misrepresented the fitness of the vehicle. In other words, there are concerns that if a car is not properly maintained and ends up in an accident, the owner might not be covered by the company's $1 million policy. If the owner's own policy doesn't apply, then the individual may find themselves in a particularly difficult situation.

In the end, there is still a lot of legal uncertainty around some of these issues. However, it is important for local residents to be fully consider these concerns before deciding whether or not to participate in these programs.

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Families rely on life insurance companies to pay death benefits when a family member accidentally dies. It's especially important that they be paid promptly if the breadwinner is the one who died. But life insurance companies have many escape routes that help them avoid paying benefits which families believe they paid for.

First, consider case law that in many cases creates an "out" for insurance companies. Suppose that a man gets seriously drunk, gets behind the wheel of his truck, heads home, and runs off the road. He's killed when his truck smashes into a tree. Is that an "accidental death" under a life insurance policy? Not according to a South Carolina judge who ruled that "A death that occurs as a result of DWI, although perhaps unintentional, is not an accident, because that result is reasonably foreseeable." Other courts have ruled differently. A California court has ruled that a death is accidental if it was "unexpected or unintentional." Construing what is unintentional raises other problems, though.

In another state, a motorcyclist died when his bike went out of control rounding a curve. He was highly intoxicated. The insurance company refused to pay the accidental death benefit, arguing that the death was not an accident but was, instead, a self-inflicted injury since he intentionally drank the alcohol. The trial court disagreed, saying that an accident is a happening by chance, and the evidence showed that the man "fully intended to survive his ride home." You see the problem among different courts. Many policies have been bought in other states by people who are now Florida residents.

In the next couple weeks, I'll return to this subject to discuss policy language that provides other escape routes used by insurance companies to deny payment of accidental insurance benefits. For your financial planning, you need to know how these things work.

The Panama City personal injury lawyers at The Pittman Firm strongly supports efforts to keep our community safe. The News Herald is reporting on steps being taken locally to help stem the frequency of Panama City trolley accidents. The need for improvements is pressing given that 2012 has already seen six rear-end collisions involving vehicles from Bay Town Trolley.

Bay Town Trolley is operated by Santa Ynez Valley Transportation, a company owned by brothers Mark and Greg Meeks. Mark Meeks told Herald reporters that construction of pull-off areas is long overdue. The areas would allow a trolly to pull off the road and thus get away from the road in high-traffic areas. A plan to add the feature will be considered at this week's Bay County Transportation Planning Organization. The current proposal would create four pull-offs area, two on State 77 and two on 23rd Street. Mike Nelson, the chairman of the planning organization, suggest the current plans are not sufficient to address all the safety concerns but would be a good start.

The current system, according to Mark Meeks, is responsible for traffic backups and delays. He also believes that it creates a safety hazard when the trolleys stop to pick up or drop off passengers in the middle busy roadways. The six crashes that occurred already this year involved trolleys that had come to a full stop with their flashing lights activated. Despite this precaution, the trolleys were rear-ended by other vehicles. The crashes have resulted in some minor injuries.

The construction of pull-off areas would create improved traffic flow. In addition, the pull-out areas are necessary to comply with industry standards. Construction costs have not been calculated but funds from current Florida Department of Transportation projects may be used toward the new project.

Both Meeks brothers have registered complaints regarding the oversight of trolley operations by the West Florida Regional Planning Council. Mike Nelson feels the construction of pull-off areas would be a positive step but he also shares the brothers' concerns about the current oversight system. He does not believe that the planning council is properly equipped to run the trolley system and has made shifting oversight away from the planning council one of his top priorities during his chairmanship. Nelson believes that local management would be more effective that the current system where the trolleys are managed by an office in Tallahassee.

It is important that our region offer residents a range of transportation options. This also means ensuring that the roadways are safe for a range of users including drivers, pedestrians, cyclists, and users of mass transit like trolleys or buses. Unfortunately, history has shown that many crucial safety changes are not made by those in a position to do so unless they are forced. If you are injured in a Panama City collision, please contact of Panama City accident lawyer. Bringing a lawsuit not only helps you receive the compensation you need and deserve but it also helps remind companies and individuals that safety must be a top priority.

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WJHG is following a story that caught the attention of our Panama City premises liability lawyer. Twenty-one year old Jacob Winkler was enjoying Spring Break after arriving in Panama City Beach from his home in Menomonee Falls, Wisconsin. The trip took a tragic turn early Saturday morning when Winkler fell from a seventh floor balcony at the Gulf Crest Condominiums. Winkler, who was a student at the University of Wisconsin's Milwaukee campus, was pronounced dead at the scene. An autopsy is planned to determine more details. No foul play is suspected but presumably the inquiry will consider whether alcohol played a role in the fall. The victim's friends have expressed shock and grief as the news of the tragedy spread.

This is actually the second time this year and the third in the past four months that a fall in Panama City Beach claimed a life. Details on the earlier falls can be found in reports from The News Herald. On Monday January 2, 2012, twenty-one year old Justin Alexander Seamus fell from the tenth floor of a parking garage located at 9902 S. Thomas Drive in the Laketown Wharf condominium. The Callaway native was pronounced dead at the scene. A third fatal fall occurred on December 3, 2011 and claimed the life on twenty-two year old Aaron Scott Thompson from Kalamazoo, Michigan. Thompson fell from the seventh floor balcony at the Holiday Inn on Front Beach Road. Circumstances surrounding the two more recent falls have not been reported but investigators concluded that Thompson's fall followed altercations with family members and a security guard.

While we do not have the details to make a full legal analysis of the three recent accident, balcony falls can give rise to a Panama City premises liability claim if the balcony area has not been built or maintained in a safe fashion. The defendant in a premises liability claim can be the property owner, the party that manages the location (like the party who owns a business at a rented location), or the tenant (i.e. the person living in an apartment managed by one company and owned by another). The legal inquiry into fault focuses on which person or entity bore responsibility for maintaining the safety of the area.

If you are involved in a property-related injury, you should take steps to protect a potential legal claim. Of course, medical care should be your first concern but you should also take care to document the incident. Get the contact information for any witnesses and document the scene, ideally with photographs or video. Report the incident to the property owner of manager and keep records of all correspondence related to the accident. Contact an experienced Panama City injury lawyer in a timely fashion so your counsel can also examine the scene before it is substantially altered and help you to determine who bears legal fault for the incident. Do not sign any agreements prior to obtaining legal representation.

The Pittman Firm has experience in slip-and-fall and other premises liability cases. Our phones are answered 24/7 and most injury cases are handled on a contingency basis which means that you only pay legal fees if we help you to receive compensation for your injuries.

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Continue reading "Spring Break Visitor Killed After Fall From Balcony" »

Tourism is an essential part of our area economy and the spring break crowds can mean profits for area hotels, restaurants, and other local businesses. While many young people are happy to enjoy the warm climate and gorgeous beaches in our community, others see spring break as an opportunity to overindulge in alcohol. This includes many underage drinkers. Our Panama City accident law firm applauds efforts by area police to enforce the law, in part because underage drinking creates an increased risk of Panama City car accidents, often resulting in harm to the spring breakers and area residents.

WJHG reports that state alcohol and tobacco agents are working hard to crack down on underage drinking. Many of the young people who flock to our region for a spring getaway are under the age of twenty-one and therefore below drinking age. An agent with the Florida Division of Alcoholic Beverages and Tobacco reports that they have already made over 1,300 alcohol-related arrests this season. Although the agency has collected a box full of fake IDs, this represents only a portion of those involved in underage drinking. Police are working hard to make sure the young people obey the law and to maintain a safe community for both visitors and residents. Local authorities are aided by support from across the state during March and April when the spring break crowds descend on the area beaches. Efforts include the use of undercover agents and other creative policing methods.

The Centers for Disease Control and Prevention (CDC) considers underage drinking a major public health issue. One CDC study reported that people between the ages of twelve and twenty consume eleven percent of all alcoholic beverages nationwide. Particularly concerning is the fact that over ninety percent of this consumption comes in the form of binge drinking. Younger drinkers tend to consume more alcohol in a single occasion than legal drinkers. Other studies have found that an average of approximately five thousand young people under age twenty-one die each year from incidents related to underage alcohol use.

Successfully reducing underage drinking requires a multi-pronged approach. Educating young people about the dangers of misusing alcohol is an important part of these efforts. Studies also suggest that media exposure to alcohol use influences behavior and reducing the culture that glorifies alcohol use is important. Likewise, coordinated efforts between police and the business community are crucial to tackling the underage drinking epidemic.

Spring beach trips should be an opportunity for young people to take a break from the pressures of school and enjoy good weather and good company. However, too often spring break is seen as synonymous with alcohol-fueled partying. This is both illegal and dangerous. We applaud efforts to enforce the law, endeavors that make spring break safe for both visitors and residents.

As always, if you are the victim of a car accident in Northern Florida or suffer any type of preventable harm, our Panama City personal injury attorney is here to help. We offer a free consultation to all potential clients and our staff is available 24/7 to take your call.

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Our Panama City personal injury lawyer works with many local families amidst tragedy. We are proud to serve Panama City car accident victims but we know that no one hopes to need legal services in the wake of preventable accidents. However, people are often defined by their hardest trials and we remain impressed by the resilience of those with whom we work. The News Herald recently profiled one such story of a local mother who turned personal tragedy into hope for area young people.

On February 2, 1996 a car crash at the corner of U.S. 98 and Richard Jackson Boulevard claimed two lives. Jonathan McCoy was sixteen years old and Logan Mitchell was only eight. Cathy Snow, mother to Jonathan, grieved for her son but also vowed that neither boy would be forgotten. In 1997, a mere year after her tragic loss, Snow created the Jonathan-Logan Educational Foundation to honor the young lives that were lost in the tragic crash. Nanci and Donavan, parents to Logan, have joined her in advancing the Foundation's efforts with fundraising and fund management.

Snow's goal is to create an endowed scholarship in the boys' memory. The Foundation, which holds fundraisers and collects coins, recently turned over more than $40,000 to the Gulf Coast Community College Foundation in order to create the new scholarship fund. In past years, families of both Jonathan and Logan have given individual scholarships ranging between $500 and $1,000 to students graduating from an area high school. Most of the funds went to students who were going on to attend Gulf Coast so the money has stayed in the Bay County community. Over a dozen students have received scholarships to date.

The Foundation also reflects Jonathan's real life spirit. Snow had begun saving funds for her son's college education before the crash and had nearly eight hundred dollars in a dedicated account. Jonathan, described as a boy who would give you the shirt off his back, told his mother that he would fund his own education and she should give the savings to another deserving student.

The newly endowed scholarship will hold and invest the funds raised by the two families. Interest from the funds will be used to award ongoing scholarships. With the gift to Gulf Coast, the Jonathan-Logan Educational Foundation has achieved its goal and will dissolve after fifteen years of work. Snow reports that she feels all the hard work has served to keep the boys' memory alive and has allowed her to work productively through her grief.

This story is a reminder of perseverance of local families who produce a positive result from tragedy. Our community is filled with many community members who exhibit these qualities in the face of heartache time and again. That is why we are proud to serve our region as a Panama City accident law firm and to represent victims of Panama City auto accidents as they struggle to move ahead from unexpected tragedy. If you ever find yourself dealing with loss after an accident that could have been prevented, please contact our office to see how we can help.

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It's no barking matter. Pet custody in divorces, that is. Pet custody in divorce cases is a furry problem. Traditionally, the law considered a pet to be a chattel, the legal word for a piece of property. A dog could sink his teeth into a word like that. It's a cold description of the close relationship between a pet and his human caretakers, but, even today, a pet is technically a chattel as is, for example, a table or a lamp. Nevertheless, courts across the land are taking a more pet-friendly approach to the custody of four-legged critters. They are treating them more like children than furniture.

By court order in a divorce, furniture, cars, and money go to one spouse or the other, never to be seen again by the other. It used to be that way with animals, but the way many courts consider pets now, they are more like children of the marriage. The courts often handle divorce pet custody cases just like child custody. Shared responsibility is becoming the norm. As such, plans are frequently made for dog or cat visitation, food and veterinary responsibilities, daycare, travel arrangements, and end of life decisions. Who gets to keep the fleas hasn't yet come up.

It's logical that animals and their owners are getting this kind of consideration in court, because pets are viewed today more as family members than as chattels like furniture and cookware. It wouldn't be surprising to hear a spouse say she missed her dog more than her former husband, so in terms of endearment, the courts are striving to exercise good judgment about pet custody. You can't split hairs in these things. Pun intended. The party who will be more likely to properly care for the pet after divorce often gets custody with the other owner getting less frequent visitation rights.

In case you're confused, the dog goes to the other spouse's house. The spouse doesn't visit. Unless you want me to growl or scratch, don't call me for representation about pet custody. I'm a personal injury attorney. I do, however, handle a good dog bite case.

The Florida legislature in the last hours of this year's session drastically changed the PIP law that since 1972 has guaranteed citizens in an auto accident quick repayment for medical bills and lost wages. Touted as a measure to avoid insurance fraud that drives up our policy premiums, it instead guarantees fraud in a way you don't expect.

PIP stands for personal injury protection. Until the new law, which is called Emergency Care Coverage Law, replaces PIP later this year, we can get medical care up to $10,000 by any healthcare provider we choose. And after an accident, we can get it as needed until the coverage runs out. But when PIP is phased out and ECC moves in, we must get the care within fourteen days of the wreck and by medical care providers the state dictates to us. If we don't, we lose $7,500 of our coverage unless the doctor certifies that the care is for an emergency issue related to the accident.

Over fourteen days after the wreck? That's almost never going to happen, and when it does, the new law gives the insurance companies the privilege to challenge the doctor's statement that it was an emergency. They will do exactly that, and the injured person, maybe you or me, will have to pay for the treatment out of our pockets. Even worse, the law doesn't require the insurance companies to lower our premiums in proportion to the drastically reduced coverage. We will still pay for $10,000 of coverage but in most cases get only $2,500 of it even if the full amount is needed. The new law simply says that if an insurance company doesn't reduce its rate for this insurance by ten percent, it has to explain why to the insurance regulators. Big deal. It will generate hundreds of pages of explanation, and no doubt it will be honest, right? That's why I said earlier, the new law guarantees fraud in a way you don't expect. Directly from the insurance companies.

Our Panama City accident law firm understands that all local residents may be impacted by even seemingly small changes in our community. For example, even something as simple as the proposed opening of a new bar in our area may raise concerns about unsafe property in Panama City.

The News Herald reports that the Bay County Planning Commission has approved a variance to permit a more permanent establishment at 8667 Thomas Drive. Currently, a temporary spring break club is located in the building at the address. The variance waives the mandatory buffer zone of one thousand feet that is generally required between a nightclub and a property used as a residence. Other business owners have expressed concern that the currently open temporary establishment is unsafe. The owner of another establishment has suggested the site suffers from a dangerous lack of regulation with a lack of parking, chronic overcrowding, and insufficient protection against fires. Club operators opted to have a certified firefighter present whenever the club is open rather than installing a sprinkler system at the building.

The dispute over the Thomas Drive property has highlighted the lack of an occupational or business licensing system in Bay County. The city of Panama City Beach does have a business licensing system but establishments can avoid the regulations by locating just outside the city border. Instituting a countywide licensing system would eliminate this possibility and allow stricter safety rules to be enforced throughout the area.

We encourage all efforts to make businesses in our region safe for our residents and visitors. It is always preferable to prevent accidents. However, our Panama City premises liability lawyer is available to help if you are injured in a local establishment. Premises liability claims can arise from a dangerous physical condition such as the lack of sufficient exits to provide safe exit in case of a fire emergency. Claims can also be based on negligent security, when an owner fails to sufficiently address known security dangers. A recent change in Florida law does require that an injured person show the owner or operator of an establishment involved in a property liability claim knew or should have known that a dangerous condition existed at the locale. Knowledge can be actual or constructive, the latter indicating the business owner should have known about the danger given the nature of the possible harm. This requirement should be easily met in many cases of known harm--like when a business fails to install fire safety equipment.

If injuries result when a business owner chooses to skimp on fire protection systems, the business owners and operators can and should be held liable for these injuries. While it should not take a premises liability claim in Panama City to make business owners pay attention to safety concerns, bringing such a claim will not only provide the victim with needed compensation but also serves an important public safety function by reinforcing the duty of businesspeople to ensure their properties are safe for public use. We encourage efforts to ensure safety is considered before an accident happens but we are prepared to hold businesses accountable if they fail to consider safety when operating in our region.

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The following is a guest post by Maryellen Ward of PIP Autoinsurance.com.

If you own or operate a motor vehicle in the state of Florida, you are required to maintain PIP insurance. PIP (Personal Injury Protection) insurance is a form of insurance that is designed to ensure that a person involved in a motor vehicle accident will have access to up to $10,000.00 dollars to help pay for medical bills. This law, however, has recently undergone some changes.

On March 9th of this year, the Florida senate passed legislation that puts certain requirements on claimants who wish to receive PIP. Namely the legislation states when a claimant must be seen by a medical professional, where they must be seen, and what medical criteria must be met in order to receive the benefits of PIP insurance in Florida, such as the following:

• A claimant must obtain treatment for injuries sustained in the accident within 14 days from the date the accident occurred.


• They must be seen in an ambulance, at a hospital, by a physician, an osteopathic physician, a chiropractic physician or a dentist.


• Additionally, in order for the claimant to receive the full $10,000.00 payout a physician, an osteopathic physician, a dentist, a supervised physician's assistant or a registered nurse practitioner must, after treatment, conclude that the claimant's medical condition was emergency in nature.


• If the condition is determined to be non-emergency in nature, the PIP insurance payout is limited to $2,500.00.


• Finally, any follow-up services deemed necessary must come from a referral from a physician, an osteopath, a chiropractor or a dentist. Massage therapists and acupuncture treatments do not qualify for eligible services for PIP insurance benefits in Florida.

The intended benefit of PIP insurance in Florida is that if you are involved in a motor vehicle accident, you'll have quick access to money in order to treat your injuries, regardless of who is the at-fault driver. Additionally, it may provide disability benefits in the form of 60% of any lost wages, and a death benefit of $5,000.00. PIP insurance in Florida does not cover any type of property damage. Of course, the total amount that is payable in any one accident is $10,000.00.

Florida PIP Premiums And Coverages
It's worth noting that you can waive the lost wages portion of your coverage which will lower your premium. You may also choose to have a deductible which would also lower your annual premium.

Persons who are covered under PIP insurance include the named insured on the policy, as well as all relatives who reside at the named insured same address; although they do not have to be individually listed on the policy. All vehicles you list on your automobile insurance policy are automatically covered under PIP.

If you own a trailer that is exclusively designed for use with a private passenger vehicle, and it is not used for any type of business purpose, it also falls into the category of a 'covered vehicle'. PIP insurance in Florida will cover an insured driver even if they are involved in an accident that happened in another state. Remember, PIP insurance is mandatory, even if your vehicle is only used in the state of Florida for part of the

It is not strange to hear about a fire, and furthermore it is not all that uncommon to hear that a fire was caused by a methamphetamine lab explosion--however, it is strange when that type of fire occurred at a nursing home. If you are baffled by the previous statement, you join the opinion of many others in Ashtabula, Ohio. Earlier this week a fire erupted at Park Haven Home in the Cleveland suburb and early reports indicate there was a meth lab in one of the patient's rooms.

The blaze was reported to have left one man dead and another six injured. The nursing home where this occurred was already in hot water after several complaints of nursing home abuse where patients were not receiving adequate care. The Associated Press reported that the decedent, Shaun Warrens who was 31 years old, was burned over 90 percent of his body and his death has been ruled accidental. Warrens was neither a resident nor an employee.

According to Police Chief Robert Stell, they believe that there were two visitors and one nursing home resident that were aware of the meth lab. Investigators are reporting that it appears someone brought in the materials necessary to make meth, but it was unclear if there was actually a lab set up in the room.

The Associated Press report went on to explain that the accusations of abuse in previous years are being brought up again in light of this situation. The report explained that:

A federal rating system gives the nursing home one star out of five -- the lowest possible on health inspections and quality measures. Inspectors noted 11 fire safety violations in 2010 and 2011, including a finding that the building did not have a written emergency evacuation plan.

This incident brings to mind a new danger in nursing home facilities, the visitors. There is also a stigma in this country with regards to nursing homes. There are constantly news reports coming out about a case of abuse or neglect at a nursing home, and the facility's ability to provide adequate care is often questioned. However it is not often that you hear a report of a visitor causing a problem, since many complaints are typically aimed at the staff and management of a facility.

Has it really gotten to the point where there needs to be stricter regulations regarding visitors in nursing homes? Must people not only check in, but be searched to make sure they are not creating a hazardous situation for all residents and staff? In light of this tragic event, these things need to be addressed.

If you or someone you love has been injured in an incident at a nursing home facility, speak with a skilled Philadelphia accident lawyer today to find out your legal rights and options.

As members of the community, we share the concerns of our fellow Northern Florida residents. We keep a close eye on all area development related to Panama City auto accidents and similar concerns because auto accidents represents the one area where Panama City injury law is most likely to affect regular community members.

Over the last few weeks news and discussion about traveling has been focused on one concern: gas prices. The News Herald reported this week on the continuing rise in gas prices in our area and nationwide. According to the reports, AAA has found that the current national average for gas has passed $3.80 per gallon. This increase is of particular concern to the Bay County Tourist Development Council ("TDC") as the summer tourism season approaches. Recent tourism revenues have been strong, with bed tax revenues, a key revenue source, posting a 20.33% improvement in January when compared to the same month last year. This was the fourth straight month with a double-digit increase. Nonetheless, the board is taking a proactive approach to tackle a potential decline in revenue due to increased taxes. The TDC is working with hotels and resorts in the community on a "Giving Tanks Program" where visitors will be offered gas cards and other fuel-related incentives when they stay in Panama City Beach.

We know that residents are also impacted by rising fuel costs. Here are some tips for making the most of your gas money:

• Drive at a consistent speed - Maintaining a steady speed, rather than frequently accelerating and braking, can improve your gas mileage.
• Use the AC and windows wisely - At lower speeds, you will save money if you open the windows instead of using the air conditioner. However, when you reach highway speeds, the increased drag from open windows can actually be less efficient and use more fuel than using the air conditioner. Parking in the shade can also be a big help in reducing the need for climate control as warmer weather approaches.
• Avoid idling - Turn off your car if you will be sitting for more than twenty seconds, such as when picking up a child at school or while your passenger runs into a store.
• Limit the weight of your car - A heavier vehicle requires more gas. Avoid carrying around excess materials (but keep the spare tire and emergency supplies!).
• Maintain your vehicle - Proper maintenance is not only crucial to avoiding engine troubles but it also ensures your vehicle is running efficiently and that you can maximize your gas mileage. One key area of easy maintenance is keeping your tires properly inflated.
• Do your research - Driving around to locate the best gas prices can be counterproductive. Luckily, there are several online resources such as Gas Buddy that can help you locate the best prices so you can plan your trips wisely.

We hope these tips help you save money at the pump. If Panama City auto accident lawyer can be of assistance in helping you receive vital compensation after an area car crash, please reach out to our team. We are available 24/7 to take your call.

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Our Panama City injury lawyer is following the developments in neighboring Lynn Haven City from WHJG about another Northern Florida dog bite case. On Saturday, four pit bulls attacked an eight year old boy in the yard of a Missouri Avenue home. Several children were playing in the home's yard while a group of adults were inside. One of the dogs bit the child on the face. A woman attempted to intervene to protect the boy and was bit on her leg. Both victims were treated at the hospital and released. Neighbors report that the pit bulls have a history of threatening people, with the victim's mother, Sharon Moore, comparing the animals to a loaded gun. The dogs' owner has turned the animals over to animal control where they will be quarantined and likely put to sleep.

In response to the attack, the Lynn Haven City Commissioners are considered a proposal placed before them by John Lynch, the City Manager. The proposal would have involved a ban on certain dangerous dog breeds. Further research, however, revealed that the proposed provision would have violated Florida law. Florida has a law that forbids cities from placing a ban on specific breeds of dog. Lynch indicated that the commissioners will likely explore other options to protect against Lynn City dog bites.

Florida law imposes strict liability on dog owners in dog bite cases. This means that the dog owner is liable for any injury or other damages caused by a dog. A dog bite claim will be considered valid even if the dog has not shown prior signs of aggressiveness and the concept of "first bite free" is not accurate in Florida. However, the amount of damages available may be influenced if the victim's negligence contributed to the injury. This would apply in a case where the victim taunted the dog. Case law has established that children under six years of age are deemed incapable of committing such acts of contributory negligence. Despite the strict liability stance, the dog bite statute specifically states that an owner will not be held liable, absent extenuating circumstances like the owner ordering the dog to attack, if the incident happens on the owner's property and there is a "Bad Dog" or "Beware of Dog" sign displayed in a prominent place.

Dog owners can help prevent bites by training and socializing the animal and by keeping it on a leash. Children should be taught to ask permission before approaching an unknown animal in case it is an aggressive dog. Dogs should be avoided if they show signs of agitation such as bared teeth, raised hair on the back of the neck, and growling or snarling. If a dog does attack, the victim should lie still and avoid making eye contact which can be seen as a challenge by the animal. Throwing an object towards a safer area can distract an attacking animal and move its attention toward the object.

If you or a loved one has been the victim of a dog bite in our area, please call our Panama City dog bite lawyer for assistance in getting the compensation that the law allows.

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WJHG is reporting on an accident that occurred on Thursday March 8th at the Chateau Hotel on Front Beach Road in Panama City Beach. Twenty-seven year old James McCollum fell from one of the hotel's second floor balconies. A family member reported that he had multiple injuries and was taken to the Bay Medical Center's intensive care unit. McCollum is employed at the hotel as a maintenance repair person. The majority of the facts remain in dispute and local police report that they are receiving conflicting stories about the accident.

Although we cannot comment on this specific case, our Panama City personal injury attorney is experienced in handling property-related injury litigation. Many cases of "slip and fall" or other property-related injuries fall into the category of premises liability claims. These claims can involve unsafe conditions that are temporary, such as an unmarked wet floor, or more permanent such as a poorly constructed stairway or balcony. Unlike many other injury arenas, the responsible party's fault in premises liability cases is often passive, involving a failure to maintain safe conditions, rather than active wrongdoing such as that involved in a car crash.

A key factor in premises-related claims is the defendant's level of control over the property. Ownership alone does not necessarily translate into legal responsibility for an unsafe condition. The court will look instead at who has the right to maintain control over the property and the condition that led to the injury. In some cases, this will be a tenant who has leased the property such as a grocery store that over-waxed a floor leading to a slip and fall. There are circumstances in which the court will deem both a landowner and a lessee to have had control, leading to both parties being concurrently liable for a property-related injury.

Another key issue in premises liability cases is the status of the injured victim. The degree of duty owed varies depending on whether the injured party is an invited business guest, a licensee, or a trespasser. The greatest degree of responsibility, and thus the highest potential liability, is to an invited guest such as a customer. In contrast, no duty is owed to an undiscovered trespasser. However, duties can extend to include a known trespasser such as someone who regularly cuts across a property. The middle ground of responsibility involves licensees, a category that includes social guests. Special duties can apply to children, including those related to "attractive nuisances" such as an unfenced swimming pool or unguarded trampoline.

In Florida, personal injury claims, including Panama City premises liability claims, are subject to a four year statute of limitations. Filing in a timely manner can help to preserve evidence and contacting a skilled Panama City injury lawyer as soon as possible always helps a victim in their effort to receive compensation for their injuries. We encourage any resident who has been the victim of a dangerous property condition in Panama City to contact our team for a free consultation to discuss your legal rights.

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Continue reading "Panama City Lawyer Comments on Premises Liability After an Area Man Falls From a Hotel Balcony" »

A federal court judge named Carl Barbier signed an order this week that is designed to implement a complete overhaul of the process by which Gulf Coast residents can file claims for BP oil spill injuries and property damage. Thus far, the claims process has been handled by the Gulf Coast Claims Facility ("GCCF"), with Kenneth Feinberg, who was appointed to the position by President Obama, overseeing the payouts. However, last week a settlement agreement was reached in two class action lawsuits against BP involving over 100,000 claimants. A part of that agreement mandated the dissolution of the GCCF, as well as the establishment of a court-supervised program to handle the remaining claims.

Our Panama City injury lawyer knows that the GCCF has been heavily criticized in the past by people all across the spectrum, with the federal government often complaining that Feinberg has been too stingy and BP executives complaining that he has been too generous. In addition, there have been accusations that Feinberg is not an impartial overseer of the process and that he has used his position to protect BP from additional liability.

Regardless of whether Feinberg has indeed abused his position, the process is going to change as the result of Judge Barbier's order according to the News Herald. First, GCCF will no longer be in charge of handling the incoming claims, and it will be disbanded after the transition has been completed. Second, a new claims facility will be organized, and it will be called the Court Supervised Claims Process, ("CSCP"). As the name suggests, the new claims process will give courts a greater role in the determination of which claims have merit and how much should be paid. In addition, Patrick Juneau has been appointed as the new claims administrator.

Our Panama City injury lawyer knows all too well how many people have suffered injuries, illnesses, and property damage as a result of the 2010 BP oil spill disaster in the Gulf. It is essential for people to be able to get the help that they need, and often the only way they can afford to pay for that help is by getting the compensation to which they are entitled through the claims program. With the implementation of a new process, people may have to wait longer for that compensation. However, the transition process has already begun, and according to the GCCF website, claims that have already been filed will continue to be processed in the order they were received. Also, new claims can still be filed during the transition, and they will also be processed in order.

Gulf oil spill damage is prevalent in our area, and the course of action to take when you have been harmed by it is not always clear. Much of the claims process is done via the internet, which can be useful for those who are familiar with it but very difficult for people who do not use computers and the internet on a regular basis. The new CSCP should help to iron out some of the difficulties and help people finally get the compensation they deserve and get back on track. Those injured should also think about consulting a Panama City personal injury attorney for help with filing a claim and figuring out what a fair settlement is for their injuries.

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(Photo courtesy of Noah Scalin)

A cozy relationship sometimes exists between banks and insurance companies. It can be harmful to your financial health. A Florida federal judge has just certified a class action for homeowners who feel they've been ripped off by a bank and an insurance company.

More than twenty thousand Florida homeowners can now sue Wells Fargo and an insurance company, QBE, for supposedly overcharging for insurance. The suit alleges that Wells Fargo and QBE colluded in a scheme to artificially inflate the premiums charged to homeowners. The bank force-placed the insurance in question. Force-placed insurance is insurance a homeowner is forced to buy. Mortgage lenders require there to be insurance on houses for their protection. If a homeowner doesn't keep insurance in effect, the bank or other lending institution uses a clause in the lending paperwork to force the homeowner to buy a policy. In effect, it purchases the policy from an insurance company and passes the bill on to the borrower. That is well and good unless the bank has a close relationship with or owns an insurance company and buys the policy from it at highly inflated prices. The cost of this force-placed insurance can be ten times the cost of an ordinary policy.

In the Wells Fargo and QBE case, the plaintiffs' attorneys accuse the defendants of secretly paying themselves unearned commissions. Guidelines from the National Association of Insurance Commissioners instructs insurers that they should set their premiums so that 60% of them are paid out on claims. According to the plaintiffs, QBE paid out only 7.6% on claims while paying its own subsidiaries and Wells Fargo 40% in kickbacks. Force-placed insurance is widespread throughout the state including here. If you have it, compare premiums to see if you've been ripped off. If so, you now have a way to get your money back.

The world can be a dangerous place. Even before we leave the house each morning a range of dangers exist which might result in serious injury, from falling down the stairs to being hurt by some faulty electrical appliance. There is no way to completely guard against all of these dangers. However, our Panama City injury attorney understands that there is a difference between not being able to eliminate all risks and failing to act reasonably to minimize the chance of a serious accident. The civil law actually requires all community members to act reasonably to prevent unnecessary risks from being taken which might harm others.

Besides avoiding legal liability, it is often just a matter of prudent living to eliminate preventable dangers. Some dangers may not be immediately apparent, however. For example, the News Herald reported this week on the need for parents to be wary of objects in the car which may act at "projectiles" injuring children inside a vehicle. Local law enforcement officials are trying to raise awareness of these missiles inside vehicles with the goal of preventing more serious injury following car accidents.

The main concern is that there are often loose but heavy objects in a car which may fly around the vehicle in the middle of a traffic collision. If the object makes contact with a passenger in the car, the potential for injury is real--particularly if the object hits a child. For example, in examination the reporter's SUV for the story, a police officer explained that the tire iron and car jack placed in the rear truck of the vehicle were dangers.

Many local residents probably have similar objects in their vehicles not realizing that they pose a risk of severe harm. If the SUV is involved in an accident that unsecured jack or iron may end up being tossed around the car. Police officers explain that in the past these loose objects have been documented to severely injury or even kill passengers. The Panama City car accident attorney at our firm is aware that these risks are much higher in vehicles with open trucks, like SUVs, because the design of the vehicle makes it far more likely for loose objects to be stored by not secured.

Beyond "missiles," local law enforcement officers have also noted that there remain many problems with the way that children's car seats are used by area drivers. For one thing, many residents are unaware that car seats can expire. The plastic on the seats can wear out, making the seat unsafe for children. Many car seats bought at consignment stores, for example, may actually be expired. Even if not expired, used car seats may have hidden deficiencies which mean the device offers little protection in an accident. Using only car seats that have a known history is a clear way to avoid this risk.

At the end of the day, even if reasonable safety precautions are followed, there is a chance that one may be injured in a preventable accident. The Panama City car accident attorney at our firm continues to help those in this and surrounding communities who have been hurt, in part, because of the misconduct of others. If you or a family member is ever injured, be sure to contact a legal professional in our area to guarantee that your rights are respected.

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Preventable injuries occur every day throughout our community. Sometimes they are caused by careless conduct and at other times involve intentional acts of abuse and mistreatments. Our Panama City injury law firm works with those hurt in each situation.

These harms can befall anyone, from the elderly to young children. For example, WJGH is following the case of a local teacher accused of sexual abuse charges. Allegations to that end have been made against former middle-school teacher William Crews. Until his recent resignation, Mr. Crews taught eighth-grade social studies at the Deane Bozeman School in Panama City. On February 23, Crews was arrested by Bay County Sheriff's Office officials based on three initial counts of sexual battery. Six males, ranging from teens to adults, have now accused William Crews of sexually abusing them while they were enrolled at the school. The claims suggest that the alleged victims were between thirteen and seventeen years old when the abuse occurred. Mr. Crews is alleged to have befriended the teenage boys and to have taken them to a storage unit on Highway 77 where he showed them pornographic materials and then performed sexual acts. The alleged events took place between 2001 and 2011 and also include claims of abuse on out of town trips that were not sanctioned by the school.

The Bozeman school is home to approximately one thousand three hundred students from Pre-Kindergarten through Twelfth Grade. There will be a community meeting at the Bozeman school cafeteria on Tuesday March 6 at 6PM to discuss the matter. The meeting seeks to share information with the community about the current crisis and provide parents with resources to help them guide their children through this difficult and confusing time. Life Management Center staff from the school will be sharing a presentation on identifying signs of sexual abuse and will take community questions. Sheriff's Office representatives will also attend Tuesday's meeting.

Child abuse is one of the greatest fears of every parent, especially when it involves trusted individuals such as a school teacher. Parents who find this fear becoming reality should be aware that they may have legal claims for child sexual abuse in Florida's civil courts. In the United States, the criminal and civil systems are distinct. Criminal charges are brought by government authorities to punish wrongdoers for violating the law. In contrast, civil cases are brought by victims seeking redress for wrongs done to them. Only the civil system can provide victims with economic compensation for their harm. While economic recovery cannot undo a wrong, it can help victims afford the physical and psychological care that is vital to moving forward with their lives. It can also provide victims with an added sense of justice. Notably, civil cases have a lighter burden of proof, meaning a claim can succeed if proven by the weight of the evidence rather than the stricter "beyond a reasonable doubt" requirement of criminal court.

If you or your child is the victim of abuse, we urge you to seek help from trained mental health professionals. We also urge you to consider calling an experienced Panama city injury attorney for help seeking the justice you deserve.

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With the unseasonably warm weather and the approach of spring, expect more bicycle riders on the roads. In general, they are required to obey the same rules of the road as drivers. They also have equal rights on the road, including the right to safe passage. Certain laws are designed to promote bikers' safety. Violating them can cause serious injury and death to riders and personal injury cases against car drivers.

Bikes should be ridden in dedicated lanes when available and in the same direction as car traffic, not against it. Between sunset and sunrise, bikes are required to display white headlamps and red rear lamps. Consider using a flashing red tail lamp for greater visibility. Under age 16, riders are required to wear helmets, but brain damage knows no age limit, so common sense dictates that every rider wear one. Studies show that white helmets are the most visible followed by yellow. Drivers must watch carefully for bike riders, and riders can improve their visibility by wearing reflective yellow or orange tops at all times.

When approaching a driver coming from a street to the right, if eye contact hasn't been made as the biker nears the intersection, raising a hand from the handle bar and waving greatly increases visibility. Drivers passing bikes are required to come no closer than 3 feet from the bicycle. Passing closer than that to a rider is terribly dangerous. Drivers should avoid passing a bicycle, then making an immediate right turn in front of the rider's path. Bikes are often going faster than drivers anticipate, so a bike can slam into a car making an abrupt turn. Bike riders have to be aware of drivers' blind spots and not stop beside a car in the blind spot at a traffic light. The driver, unaware of the biker's presence, can turn right and into a bicycle starting out from a stop. In the end, both cyclists and drivers share responsibility for peaceful co-existence on the roads.

Continue reading "Bicycle Riders Have Equal Right to Road Safety" »

Our Panama City medical malpractice lawyer is all too familiar with what can happen when doctors, nurses, and other medical professionals make mistakes that hurt their patients. Medical mistakes can cause infections, loss of limbs, misdiagnosed or undiagnosed diseases, paralysis, and death. In addition to consequences that affect physical health, these negligent mistakes can also lead to severe financial loss due to additional medical bills incurred because of the malpractice and other types of financial hardship, such as lost wages. Therefore, when doctors make mistakes, it is important for the patients who are harmed to be able to get compensation for their suffering. Although money can never undo what happened, it is sometimes the only available option. It also works as an incentive to make doctors take additional precautions to avoid similar mistakes in the future.

According to an article by the Insurance Journal, however, a bill has been introduced in the Florida legislature that would severely limit patients' ability to recover in a Florida medical malpractice lawsuit. The bill would add additional protections for doctors, even though the state already has an involved process for these types of cases, including a requirement that doctors be given notice of the claim before a lawsuit is filed, as well as liability caps that limit how much a patient may recover in certain types of cases. If the bill passes, it will raise the standard of proof and make it more difficult for patients to prove their allegations and prevail in court.

In addition, the bill raises serious privacy concerns with the provisions that would allow an attorney representing a doctor to interview other doctors that the patient visited around the same time. Thus, by filing a medical malpractice claim, the patient would essentially be authorizing strangers to dig through his or her medical records, even if they have nothing to do with the issue at hand. Unfortunately, if passed, this provision will likely be enough to dissuade some people with legitimate claims from ever filing them, which will make it easier for those doctors who are habitually negligent to continue practicing.

The bill coincides with other reports that show Florida is facing a severe shortage of medical staff in 2012. An article by the Sun Sentinel notes that with many nurses retiring and with increasing regulations because of the new federal health care laws, the state expects to have a shortage of about 15,000 nurses this year. The shortage will undoubtedly translate into more overworked nurses and doctors, which will likely also mean more mistakes and oversights as tired medical staff members try to keep up with the demands of caring for more and more patients in less time. More patients are likely to become victims of medical mistakes, making it even more important for local residents to turn to a Panama City personal injury lawyer to help them get the compensation they deserve.

Most medical professionals work diligently day in and day out to provide quality care to their patients. However, that does not mean that when mistakes are made, those hurt do not deserve fair compensation for the harm caused. If you find yourself in this situation, please get in touch with our Panama City medical malpractice lawyer to share your story and see how we can help.

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Today is the first of March and for many it marks the official start of Spring Break season. Of course, like all those in our area, our Panama Beach injury attorney understands that this time of year involves an influx of visitors seeking to take advantage of our weather and beaches to enjoy their time off. Most Spring Breakers are college students and young adults who have time off of school or other obligations.

As a story today from WJHG TV explained, this season also marks a busy one for local law enforcement agents. In fact, to handle the large influx of visitors, starting next week local officers will start working 12 hour shifts. The department is also asking for added assistance from other local agencies to help with crowd control. Panama City, Panama City Beach, and the Bay County Sheriff's office have an inter-local agreement to help in these situations.

Panama City Beach Police Chief Drew Whitman also offered some words of advice for revelers which are worth repeating: "Alcohol and vehicles don't mix. Don't drive and drive. Don't walk up and down the shoulders of the road with alcohol because they don't mix, and balconies are a big safety issue. Don't lean over them. Don't climb from room to room, and don't try to look around them to see who's on the other balcony."

In an ideal world, the Spring Break season would extend without a hitch and no property damage or injuries would be sustained as a result of revelry. However, our Panama City injury lawyer appreciates that this is rarely the case. We'd like to remind all local residents (and visitors) that they have legal rights to help seek recovery if they are harmed as a result of the festivities that occur throughout the area this month.

During the season, as well as throughout the year, community members, business owners, and public entities owe a duty of reasonable care to one another. Failure to act reasonably can involve legal liability. Many local Panama City and Panama City Beach spring break lawyers help all those harmed in accident during this time of year. This can take many forms this season.

For example, if a group of revelers is over-served at an establishment and end up getting in a car accident or causing injury to another, a range of legal consequences could accrue. The revelers themselves could obviously face liability for the harm that they cause. In addition, the establishment which over-served the individual may also face a third-party claim. Florida dram shop laws are somewhat limited, but they still may apply in situations that occur over Spring Break. Most notably, Florida § 768.125 states that any individual or company that sells or serves alcohol to an individual who then causes harm--like a drunk driving accident--can be held liable if the drunk individual was under the age of twenty one or were known to habitually abuse alcohol. Considering that many of the Spring Break participants may be under that legal drinking age, there is a chance that these sorts of situations might arise.

It is important for local businesses to be particularly vigilant about the conduct of those who they invite into their establishment and serve alcohol. There is no excuse for failing to keep these situations under control, because owners should be prepared to handle these crowds. If you or someone you know happens to be hurt or suffer property damage as a result of misconduct this season, be sure to seek out the advice of a legal professional to learn how the law might apply in your case.

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