Panama City Florida Injury Lawyer Blog

Spring weather means many residents of our area opt to ride rather than drive, using motorcycles for both transportation and fun. Panama City motorcycle accidents are, however, a very real danger. This danger was brought to the forefront of local news on Friday when two serious accidents involving motorcycles impacted our region on a single day. Our Panama City accident law firm is following both stories as details continue to emerge.

The first accident, reported by WJHG occurred in the early morning hours of Friday April 27. Robert Lambert, age sixty-eight from Louisiana, was driving a 2000 Suzuki motorcycle with Michelle Lynn Mackee-Kitahara of Fort Walton Beach riding aboard as his passenger. The motorcycle was headed north on Eglin Parkway and was just north of Walter Main Road when Lambert slowed, apparently preparing to make a left turn. The motorcycle was hit from behind by a car driven by twenty-two year old Billy Joe Legune of Fort Walton Beach. Both Lambert and Mackee-Kitahara were thrown from the motorcycle. Lambert was treated and released from Fort Walton Beach Medical Center but Mackee-Kitahara was pronounced dead at the scene. Neither individual was wearing a helmet. Fort Walton Beach Police officials are investigating the crash and charges were still pending at the time of the report.

As the News Herald reported, later that same day, Joe Landers of Arkansas was riding his motorcycle on Quarts Street in Panama City Beach. At approximately 8:35 P.M., Jimmy John Cristo Jr. turned his car off of Thomas Drive and into Landers' path. Landers was ejected from his motorcycle and suffered serious injuries. He was taken to Bay Medical for treatment. Cristo fled the scene but was later located by police and arrested on charges including leaving the scene of an accident involving serious injury as well as possession of drugs and drug paraphernalia.

Circumstances surrounding both of Friday's crashes are still being investigated but the accidents are a harsh reminder that motorcycles can be dangerous. We hope these stories remind both riders and drivers that they share the responsibility of making the roads safe for all of our residents and visitors.

A study by the Center for Disease Control found that more than 34,000 motorcyclists were killed nationwide between 2001 and 2008. In that same period, emergency departments in U.S. hospitals reported treating an estimated 1,222,000 individuals for non-fatal injuries related to motorcycles. Fatality rates for riders actually increased between 2001 and 2008, rising from 1.12 per 100,000 to 1.74 per 100,000, a jump of 55%. Emergency rooms also reported an increase in the number of non-fatal injuries in the same time period, rising from just under 120,000 to 175,000 reported injuries. Both death and injury rates were highest in the 20-24 year old age range.

A quick reminder -- As of July 2008, Florida requires that new applicants seeking a motorcycle license take and pass a Basic Rider course. Motorcyclists under age twenty-one are required to wear helmets. Riders over age twenty-one may be eligible for a helmet exemption (i.e. not required to wear a helmet) if they have a minimum of $10,000 in medical insurance coverage.

If you or someone you love was involved in a motorcycle accident in Panama City, please contact us. Our Panama City injury lawyer offers a free consultation to discuss the unique circumstances of your accident.

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Patients often see doctors at the hardest moments in their lives, and they hope that the medical provider will help guide them to a healthy outcome. As a Panama City medical malpractice law firm, we know that sometimes this trust is violated. Medical mistakes in Northern Florida are a frightening thought and our firm is proud to represent victims of medical malpractice in Panama City.

It is because we know the importance of quality medical care that we were happy to read that one of our local hospitals has received national recognition for excellence. Thomson Reuters assembles an annual report naming their 100 Top Hospitals and our Gulf Coast Medical Center was included in the list released this month. The study evaluates the overall performance of nearly three thousand hospitals. Factors included in the examination include patient care, financial stability, and efficiency of hospital operations. Gulf Coast, located on 23rd Street in Panama City, is one of twenty mid-sized community medical centers included on this year's list. Hospitals are evaluated using independent public data and do not self-nominate for the recognition.

Gulf Coast Medical Center also recently received additional recognition from the Lung Cancer Alliance. The group recognized more than seventy-five facilities for making lung cancer screening available to at-risk populations.

We are pleased that one of our major health care providers has been recognized for excellence but we also know that medical malpractice remains an issue in our region. Medical malpractice claims arise when the negligence of a medical provider leads to injury or other unnecessary negative outcomes. Providers are required to act in keeping with the standard of care, a concept defined by Florida statute as the level of skill and treatment that a reasonably competent practitioner would consider proper under similar circumstances. Proving a malpractice claim generally involves using expert testimony to establish what a reasonable medical practitioner would have done, how the actual response differed, and the fact that the injury or harm developed as a result of the provider's deviation from the accepted standard of care. The legal standard is a bit different in emergency room cases where the victim must prove "reckless disregard" instead of simple negligence.

Like most claims, there is a statute of limitations limiting the time period for bringing a Florida medical malpractice claim. Victims of malpractice must bring their claim within two years from the time the patient or the patient's guardian knew, or should have known, of the injury and that there was a reasonable possibility that medical malpractice was the source of the harm. When filing suit, the victim's attorney must provide a specific written certification stating that he or she has undertaken a reasonable investigation and formed a good faith belief that the allegation of malpractice is reasonable. The lawyer may face sanctions if the judge later finds the attorney lacked a reasonable basis to believe the claim had merit.

If you believe you, or someone you love, have suffered injury due to medical malpractice, please contact our team. We can help you understand how the law applies to your unique circumstances and help you receive any damages that the law may allow. Remember, bringing a medical malpractice claim is not only about money; properly filed malpractice claims also help to ensure that practitioners always provide quality care to the patients who are entrusting the practitioners with their health and, often, their lives.

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Think about an evening dinner about to unfold. Family have gathered. You're just getting into your chair when the phone rings. Someone is trying to sell you something. Your blood pressure rises. You nearly want to kill. You can stop most of these calls by doing something very simple. On the Internet, type this search phrase: "National Do Not Call Registry." Follow the instructions to place your land line and your cell phone on that list, and, then, be patient for about 30 days while the registry is being updated and provided to telemarketers. Understand that not all calls are covered. The law exempts some calls from it. Examples are calls from businesses that you've permitted to call; calls from political groups and charities or for surveys; and calls from companies or businesses with which you have a pre-existing relationship.

After you've registered on the Do Not Call Registry and you still get calls that aren't exempt from the law's protection, what can you do? No, the answer is not "kill." You can file complaints against the offending telemarketers on the Federal Trade Commission's website and on the Federal Communications Commission's website. You won't get any money as a result of your complaint, but the FCC or the FTC may impose fines or penalties against them. As hard as it is, take the time to be polite, at least long enough to get the name of the company calling so that you can complain to the FCC or the FTC. Enough people doing this can generate fines to a company so large that it will stop its illegal activities.

Another little point to keep in mind when deciding who to report is this. The FCC's regulations forbid using automated dialing machines to call cell phones. If you get a telemarketing call on your cell phone, there's a high probability that the law has just been broken. Report it to the FCC. Enjoy many quiet dinners.

Our Panama City personal injury lawyer knows that Panama City car accidents can have a myriad of causes. Safe driving involves making sure the vehicle is in working order and that the driver is able to devote his or her full attention to the responsibility of driving attentively.

The News Herald reported on a recent car crash in our area. Gary Brown, a sixty-five year old resident of Panama City, lost consciousness while driving and crashed into a utility pole. The accident occurred while Brown was driving eastbound on U.S 98, in the area east of Hathaway Bridge near Los Antojitos. Gulf Power workers joined police and fire personnel in responding to the crash to address the cracked, splintered utility pole. Brown told officials that he had been experiencing blood sugar problems and reported that he blacked out immediately prior to the crash. He was taken to Gulf Coast Medical Center after the crash. Thankfully, Brown was wearing his seatbelt and the airbag in his car successfully deployed.

The National Highway Traffic Safety Administration has recognized that diabetes can, in some cases, impair the ability of a driver to safely pilot a vehicle. When blood sugar levels are either too low or too high, a diabetic may feel dizzy or confused, become sleepy, experience blurred vision, and even lose consciousness. Uncontrolled diabetes can also cause long-term damage that impacts a patient's ability to drive such as nerve damage or visual impairment.

Individuals with diabetes can often drive safely but they should be vigilant about monitoring their condition to prevent complications from impacting the ability to drive safely. Diabetic individuals should also talk to their health care provider about safe driving. In general, diabetes patients should be sure their blood glucose levels are at a safe level before they get behind the wheel. Low glucose levels (hypoglycemia) can limit the ability of a driver to focus fully on the multiple tasks involved in safe driving. It can be helpful to keep snacks handy in case glucose levels drop to a dangerously low level. All individuals should have regular vision checks but this is especially important for diabetics.

Of course, other health conditions can also impact the ability of an individual to drive. Epilepsy, sleep disorders, and fainting spells are just a sample of the health issues that might make driving unsafe if the condition is not well-controlled. Patients should talk to their doctor about how their condition may impact the ability to drive safely. If a condition makes driving unsafe, public transportation may be a good option. Some community centers also offer van pools, especially for senior citizens.

Safe, responsible driving means ensuring that the driver is mentally and physically capable of the task. Even short drives can be dangerous if the driver's health impairs his or her skill. It is important that drivers be honest with themselves about their ability to drive and that family and friends speak up if they believe a loved one's health means they should reconsider whether it is safe to drive.

Vigilance is key but we know accidents can involve hurt even the most careful drivers. If you have been injured in a Panama City car crash as a result of someone else's negligence, please contact our experienced Panama City accident attorney. We can help you recover damages for your injury and financial losses.

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Our location on the Gulf of Mexico provides our region with great beauty as well as business opportunities and a myriad of recreational activities. It, however, also makes our community vulnerable to a Panama City oil spill. As your Panama City property damage law firm, The Pittman Firm has been closely monitoring all legal developments since the 2010 Deep Horizon spill, an event that impacted the entire Gulf Coast community.

According to an article in The News Herald, last week counsel for BP and attorneys representing plaintiffs harmed by the spill presented Judge Barbier with the formal terms of a proposed class-action settlement. The judge has not given an indication of when he will rule but the attorneys are hoping that he will issue a preliminary approval. The judge would then conduct a formal fairness hearing to fully evaluate the settlement before issuing a final court approval.

As crafted, the settlement would impact BP and a plaintiff class that includes over 100,000 businesses and individuals impacted by the 2010 disaster. Pursuant to the proposed settlement, BP would pay an estimated $7.8 billion in damages to resolve the private party claims, with no set cap on total damages that the company may face. If approved, the oil spill agreement would be one of the largest class action settlements to date. Both plaintiff-side lawyers and defense counsel have said that the agreement crafts a comprehensive system for determining compensation due to each claimant that is reasonable, fair, and adequate.

The proposed settlement does not cover claims brought by government bodies at either the state or federal level against BP and its partners in the Deep Horizon project. Claims against Houston-based Halliburton, the cement contractor, and Transocean Limited, the Swiss rig owner, will also remain and are not a part of this proposal. These remaining claims will be discussed in a status conference on May 2nd.

An important matter that is included in the proposal is the attempted resolution of individual health-related complaints, such as medical claims brought by Gulf Coast residents and clean-up workers. Health claims have not been paid as part of the existing Gulf Coast Claims Facility. Under the proposed settlement, different levels of payment would apply to different illnesses. The agreement would also require BP to spend upwards of $105 million over a five year span to create and run an outreach program that would provide medical evaluations to individuals whose health may have been impacted by the spill.

The settlement proposal also addresses business losses, lost wages, and property damage claims. This includes damage to ships and other vessels involved in clean-up work. Having suffered a significant impact, the seafood industry would receive approximately $2.3 billion from BP which would include coverage for lost compensation for those whose fishing businesses were harmed by the spill. Additional payments include $57 million to help promote tourism and area industries and $600 million in legal costs plaintiff-side attorney's fees. The proposal sets aside $5 million aimed at providing notice to potential claim-holders and informing them about how they can be part of the settlement.

Although several groups, including the Florida Attorney General, have expressed concern about the settlement, the proposal is one more step forward in reaching a resolution to a very complicated matter. The oil and gas industries are vital to our economy, but they are also high-risk endeavors. If you or your business has suffered losses due to an environmental disaster in Panama City, please contact our office. Our Panama City injury attorney is ready and able to help you receive any and all compensation the law allows.

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This week, WJHG reported on final preparations for an annual event recognizing crime victims in Panama City. Law enforcement representatives are partnering with advocacy groups to organize the annual event, called Missing Place at the Table. This is the sixth year for the event that focuses on families who have lost a loved one due to violent crime in Panama City or the surrounding regions. Missing Place at the Table allows the families to recognize and honor their loved ones for the life they lived and not just the tragic way their lives were taken.

Charlotte Greathouse, one of the event's coordinators, knows the feeling of loss personally. Her daughter, Kelli Bailey, was killed in 2001. Greathouse explains that the event helps recognize the continuing difficulty of losing a family member and no longer having the deceased loved one present at the table for family gatherings. This is the seventh year for the event which will be held on April 23 at 11 A.M. at the Panama City Mall. The event will be part of National Crime Prevention Week. The event is open to the public.

Violent deaths are unnecessary and tragic, leaving family members suffering an unimaginable loss. While no courtroom can ever bring back a lost loved one, families should know they may have a civil claim for wrongful death. A Florida wrongful death lawsuit is a claim brought in civil court on behalf of surviving relatives. The survivors entitled to recover can vary based on a number of factors and often include a surviving spouse, children or parents. The type of damages vary based on the nature of the incident causing death and the relationship of the survivors, but can include loss of financial support, loss of companionship, and damages for mental pain and suffering. Recovery can also be made on behalf of the victim's estate in order to pay medical bills, funeral expenses, or other outstanding debts. In most instances, Florida law requires that a claim for wrongful death be brought within two years of the death.

It is important for surviving family members to understand that a civil claim for wrongful death is completely separate from any criminal charges or resulting litigation. Criminal charges are typically brought to punish a wrongdoer for violating the law while a civil suit seeks to provide compensation to those impacted by the event. The standard of proof is different in criminal and civil court, with the burden being lower in civil cases. This means a civil claim, such as that for wrongful death, may be successful even if the wrongdoer is not convicted in criminal court.

If you have lost a loved one due to violence (or due to someone else's negligent act), please contact our experienced Panama City wrongful death law firm. We can help you obtain compensation that may assist you in moving forward after your loss.

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Victims whose health declined as a result of poor care or medical malpractice in Panama City should have their basic legal rights protected. Our Panama City medical malpractice lawyer follows the progress of legislation in the healthcare arena that may impact how legal disputes are resolved as they relate to medical malpractice.

Florida's governor, Rick Scott, is currently considering an important bill that could affect the availability and practice of quality healthcare in Northern Florida. WJHG is reporting that a group of health professionals have joined a number of former health department officials in urging Governor Scott to veto legislation currently before him that would reorganize the Florida Department. The 161 page bill would impact care in Florida in a number of ways.

A group of former health officers is particularly concerned by a provision in the bill that would close the only dedicated TB hospital in Florida. AG Holley is a facility located in South Florida. Supporters of the closure note that the hospital is a five hundred bed facility, but that it only averages thirty patients at a time. They also note that AG Holley is expensive to run. Critics of the closure say the move will put the rest of the state at risk. The hospital focuses solely on hard to treat patients with drug resistant tuberculosis who have been non-compliant with medication regimes and have been ordered into treatment until they are cured.

Those urging Governor Scott to veto the pending legislation also note that the bill would no longer require by law that the Department of Health promote healthy lifestyles. Officials from the Florida Public Interest Research Group believe the change would undermine the Department's role in promoting public health. Supporters of the legislation suggest such promotion of healthy lifestyles would still be permitted under different statutes.

The bill would also change certain billing procedures. Some patients visit the health department because they are afraid to see their own physician to discuss concerns about or treatment of a sexually transmitted disease. Currently, the health department will see these patients, treat them, and bill the patient's health insurance. The new bill passes the bill for these services to the taxpayer.

An additional component of the bill ends a controversial inspection procedure for septic tanks and shifts this responsibility to county-level government.

The bill is sponsored by Representative Matt Hudson of Naples. He disagrees with the critics and believes the legislation would allow the Department to focus on its core mission and lead to better health outcomes. Governor Scott must decide whether he will veto or approve the bill by April 28th.

Medical care is often the subject of fierce debate at the national, state, and local levels. Regardless of policy preferences, it is important for residents to be able to trust that their physician and the health care system as a whole will act in the best interests of the patient's health. If you believe that a medical provider's actions or failure to act resulted in harm to your health or the health of a loved one, please reach out to an experienced Panama City medical malpractice lawyer. With experience in the medical malpractice field, The Pittman Firm can help you get the compensation that you deserve.

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Panama City car accidents can have a myriad of causes. Victims of impaired drivers in Panama City should be aware that they may have recourse in civil court regardless of the decisions made by prosecutors.

The News Herald reported this week on the criminal charges stemming from a Panama City traffic fatality last fall. On September 16, 2011, an accident involving a car and a motorcycle occurred at the intersection of 15th Street and Lisenby Avenue. The crash claimed the life of Noah Lee Sarvis. Personnel at Bay County Medical Center found that the other driver, Felton Keith Bland, had marijuana in his system. Police recommended that Bland by charged with DUI or manslaughter (criminal charges), but prosecutors disagreed. Instead, Bland has only been charged with careless driving. Careless driving is a civil traffic violation, not a criminal charge

The decision to file the civil traffic charge was explained in a letter that Chief Assistant State Attorney Greg Wilson wrote to the investigating officer from the Panama City Police Department. Wilson attributed the decision to the level of THC in Bland's system at the time of the accident. THC is the active ingredient in marijuana. Levels of THC can hit triple digits shortly after an individual smokes marijuana but can fall back into the single digits within one hour. Tests at the hospital after the accident measured Bland's THC level at 4.8 nanograms per milliliter.

While the law specifies blood alcohol levels that qualify for a presumption of impairment, no such specific guidance exists with marijuana and levels of THC. Attorney Wilson's letter explained that Bland's THC measurements were low enough that additional evidence would be needed in order to show impairment. He suggested that, in his office's view, a THC reading above 3.5 nanograms per milliliter could give rise to a driving under the influence charge only if there were additional indicators of impairment such as witness testimony that the driver's behavior suggested impairment. No such indications existed in the September crash and police had not performed any field sobriety tests. Wilson suggested that a reading of 2.0 nanograms per milliliter would not support a DUI charge even where other evidence suggested impairment.

Attorney Wilson noted that the accident was tragic but defended his office's decision noting that there was only a very small amount of marijuana in Bland's system. The News Herald shared a report that Bland was found guilty of careless driving last week and fined $1,400 but noted that this could not yet be confirmed.

It is important that car crash victims and their families understand that the civil court system in the U.S. is distinct from the criminal courts. A private civil suit for damages can be filed, and can be successful, even with minimal or no criminal charges or civil traffic charges. The actions of prosecutors in these cases do not necessarily dictate what private legal rights victims have in these cases. Individuals injured in a car accident, or surviving relatives of the victim of a fatal crash, should seek the assistance of a Panama City accident lawyer to determine whether they may be entitled to compensation for their injuries and property damage losses.

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Panama City nursing home residents deserve the highest quality of care. These individuals have served our society for many years and should be treated with the utmost level of respect. Often, seniors who are in care facilities are unable to fully advocate for themselves. It is therefore vital that family members play an active role in care and that state agencies oversee facilities. All of us have a duty to ensure that Panama City nursing home abuse and Panama City nursing home neglect are not tolerated.

WJGH reported this week on an ongoing legal battle involving one senior care advocate. Brian Lee is the former Ombudsman for the Florida Department of Elder Affairs. In this role, Lee was charged with overseeing conditions and investigating problems in assisted living facilities and nursing homes in the state. Last year, Lee was fired from this role. He has filed a whistleblower lawsuit in which he alleges his firing was illegal and came in the wake of his attempt to look into some of the state's worst nursing homes. This investigation included Lee's attempt to identify ownership of these horrible facilities. Lee claims that he had been an outspoken advocate for nursing home residents and that his concern for these individuals led to a contentious relationship with nursing home industry and spurred his eventual termination from the Department. The state asked the judge in Tallahassee to dismiss the wrongful termination suit but the judge refused and Lee's whistleblower case will move forward. Lee is currently working in an outside role as an advocate for Florida seniors.

Both federal and state laws protect the rights of nursing home residents. At the federal level, the Nursing Home Reform Act of 1987 provides that all care center residents are entitled to quality care in an environment that allows them to reach or maintain their "highest practicable" well-being. Nursing homes are required to provide all residents with a comprehensive care plan that is periodically reassessed and includes nursing, social, rehabilitation, dietary and pharmaceutical services. Residents or their representatives have a right to be involved in and fully informed about all care-related decisions. Patients also have a general right to be treated with dignity and respect.

Elder neglect and elder abuse are criminal acts. Neglect is the failure to care for an individual in a manner that helps avoid harm or pain. Examples of neglect include, but are not limited to: the failure to provide appropriate toilet assistance or diapering; improper positioning such as that leading to bedsores; and failure to provide needed assistance with bathing and personal hygiene. Elder abuse is the intentional infliction of harm or pain. Abuse can be physical, but it can also be mental/emotional and includes berating, shaming, or ridiculing the individual.

If you believe that a loved one is the victim of abuse, you should not hesitate to get involved. Please contact our experienced Panama City nursing home abuse attorney. Our team can help you protect your loved one's health and safety and advocate for their legal rights.

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One of the benefits of living in an area with such a lovely climate is that residents can use bicycles for transportation, health benefits, and also recreation. Unfortunately, this also means that Panama City bicycle accidents are all too frequent. It is important that riders and drivers work together to limit the number of Panama City traffic accidents.

WJHG is reporting on one recent accident in our area that had a tragic outcome. Sixty-three year old Destin resident Harry Robert Crawford was riding his bicycle in the early morning hours on Sunday April 1st. He was riding westbound on Highway 98 at Gulf National Seashore Drive between Destin and Fort Walton Beach. At approximately 6 A.M., Crawford was hit from behind by an unknown vehicle that fled the scene of the accident. Okaloosa County paramedics responded to a call and pronounced the cyclist dead at the scene. A witness reported seeing a green van stop in the vicinity of the accident. According to the witness, the driver got out to check the vehicle's bumper and then returned to the van and took off at a high speed travelling westbound on Route 98. Investigators found Chrysler-made vehicle parts at the scene.

According to the National Highway and Traffic Safety Administration, 630 riders died in bicycle accidents in 2009. Cyclists accounted for two percent of all victims in fatal motor vehicle crashes. An additional 51,000 bicycle riders suffered injury nationwide due to vehicle accidents in 2009, although unreported accidents may make the true numbers significantly higher. With 107 fatalities, Florida had more cyclist deaths than any other state. Nationwide, seventy percent of cyclist deaths in 2009 occurred in urban areas.
Road safety requires the active involvement of both cyclists and drivers. The most important step cyclists can take to prevent head injury is wearing a properly fitted helmet. Cyclists should also wear bright colored clothing, especially when travelling between dusk and dawn. Bikes should be equipped with reflectors to increase visibility. In general, riders are responsible for following all the same traffic laws that apply to drivers. Cyclists should remain alert, a responsibility that includes limiting the use of personal music devices in order to ensure that the rider can hear traffic noises.

Drivers have the responsibility to share the road with bicycle riders. Motorized vehicle operators should leave at least three feet clearance when passing a bicycle on the road. Cars should yield to cyclists in intersections. Drivers should be especially alert when making turns, checking for bicycle traffic in addition to other cars and pedestrians.

If you or a loved one has been injured in a cycling accident due to an inattentive driver, please contact our Panama City bicycle accident law firm. Our experience Panama City injury lawyer can help you recover compensation for your injuries. A consultation with our firm is always free and most cases are handled on a contingency basis so there is no fee unless we help you recover money.

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Spring is in the air and summer won't be far behind. Like the rest of our community, the attorney and staff at our Panama City accident law firm look forward to the beautiful weather and to enjoying time at the beach and by the pool. Summer brings happy times with friends and family but it also brings heightened concerns about water safety, especially when children are involved.

According to a report by The News Herald a child is recovering after a scary incident that nearly resulted in a drowning in Panama City Beach. The seven year old boy was found unresponsive in the swimming pool at an area resort. Police authorities say the child was in the water for between thirty seconds and one minute when a vacationing adult spotted the boy in the pool and pulled him to safety. The child was initially unresponsive and CPR was performed but was the boy was breathing and had a pulse by the time he was taken to an area hospital. Thankfully, doctors have concluded that he did not suffer any long-term brain damage due to the incident. Reports indicated that the child's parents were momentarily distracted by other children at the time of the near-drowning. The police report that the incident was an accident and that there was no parental neglect involved.

Drowning is a risk in swimming pools, open water, and even bathtubs. Statistics compiled by the United States Consumer Product Safety Commission estimate that two hundred and sixty children under age five drown in residential swimming pools and home spas. An additional three thousand children in the under-five age group receive emergency room care for submersion related incidents every year, including cases that result in permanent brain damage. For children under five, drowning is the fourth leading cause of death nationwide.

Although no list could ever be fully complete, the following are some important swimming pool safety reminders:

• Never leave a child unattended in a pool area.
• Be sure pools are fully fenced in with self-closing latches on gate doors that are out of reach for young children.
• Do not use "swimmies" or other flotation devices as a substitute for close adult supervision
• Teach children to swim at an early age but do not assume that any child, even those who can swim well, is "drown proof."
• Never use a swimming pool while a pool cover is partially in place to avoid the risk of a child getting trapped under the cover.
• Learn CPR and ensure any caregiver who will be supervising children in the vicinity of a swimming pool has also had CPR instruction.
• Keep a phone near the pool so help can be summoned quickly in the event of a pool-related accident.

Medical care should always be the first concern after a drowning or near-drowning. In some cases, a lawsuit may also be appropriate. Our Panama City drowning lawyer can help parents explore claims related to the failure of a hotel or other facility to maintain a safe pool environment or when the incident involved a product defect such as a faulty drain. Representatives of our Panama City injury law firm are available 24/7 to take your call and schedule a free consultation to discuss your legal rights.

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Everyone knows to look at the car tires now and then to see how the tread depth is holding up. And if the tread is thin, the tires get replaced for safety. But what most people don't know is just as important.

The little secret is that tires more than six years old, regardless of tread depth, present a large safety hazard. When people call me about single car wrecks, like when someone runs off the road and hits a tree, I usually wonder about the age of the tires. They degrade with age. That means they get weaker. Tires have a limited service life. The internal structures degrade, reducing adhesion between the belts. That in turn leads to tread separation.

If you remember the problem with Firestone tires coming apart several years ago, that was an example of tread separation caused by improper chemical adhesives, the same as what happens with age degradation. Age degradation is invisible, so it can sneak up on people, and it occurs regardless of tread use and wear. The degradation of a spare in the trunk is just as fast as the breakdown occurring in tires touching the road.

When you buy a tire, you may expect it to hold together until the tread wears out. But that's not what research shows. You can't take a stored vehicle out and drive it safely if the tires are six years old, no matter the amount of tread on the tires. And you can't put that old, but fully treaded, spare tire on and drive safely until you get a flat tire fixed. If you have to drive on it, go slower and be cautious.

By the same token, a tire that has been stored for some time in a tire wholesaler's or retailer's warehouse might be brand new to you when you buy it but very old in reality. That tire is dangerous. If a tire separates and causes injury, you can determine its age from the 11-digit code molded on the tire, but it's better to check that age before a wreck.

If people are in a rush and hungry they will stop by a drive-thru and pick up a meal. They will eat this meal while driving to their next destination. If a favorite song comes on the car radio the instinct is to turn up the volume and sing along. If there are passengers in the car there is conversation. If a person receives a text while driving he will send a response back. These are all examples of distracted driving. A distracted driver is one that is not focused on the road. Arguably, distracted drivers are equivalent to drunk drivers. Like drunk drivers, their actions on the road can lead to a series of unfortunate events. When it occurs in our area, these actions often cause Panama City automobile accidents that are fatal or involve personal injuries. Unlike, drunk drivers the consequences are usually not criminal in nature but they can be if a death results.

Though there are many ways to become distracted while driving, the most pressing problem right now related to phone usage. Smartphones like the iPhone, Blackberry and Android allow people access to email, internet, movies, and music; and of course, talking and texting, from just about any location. Drivers are not so smartly using their smartphones behind the wheel of a car. A driver taking his eyes off the road to send a tweet or answer a text is a distracted driver.

A study conducted by AAA revealed one in three drivers will text while operating their vehicles. The AAA study also cited smartphones as the number one distraction for new drivers. Many of these new drivers are teenagers, 88% of those surveyed texted while driving. This statistic is particularly worrisome as teen drivers hit the road with their still developing driving skills. Distracted drivers tend to swerve, break or speed up unnecessarily, cut people off, and have slower reaction times. However, teens are not the only ones succumbing to the need to constantly be in touch. Experienced adult drivers are driving distracted as well.

Florida statistics show that in the first 10 months of 2011 there were 2,218 vehicle accidents caused by electronic distractions. 145 of those were directly related to texting and driving. In fact, a person who drives while distracted increases his chances of getting into an auto accident by 23%. Statistics show that taking your eyes off the road to answer a text takes 5 seconds. In those 5 seconds that's enough to travel the length of a football field. Imagine the damage that can be done within those 5 seconds. A pedestrian or a car could be hit physically injuring those involved. Our Panama City car accident attorneys are aware of the dangers of distracted driving and encourage those on the road to practice safe driving.

Thus far 36 states have implemented distracted driver laws. Most states have included in these laws a ban on texting and driving. Currently, there are no distracted driver laws and no ban on texting while driving in Florida. But that does not mean that those hurt by this conduct don't have recourse. Our Panama City car accident lawyers are proud to represent local residents injured in an auto accident due to a distracted driver.

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The United States Supreme Court refused to review a 2006 Florida wrongful death case which held that plaintiffs in cigarette liability suits may use factual findings by a jury in an earlier case to prove their claims seeking to hold cigarette companies liable for the damage caused by their products. This rule, known as the Engle rule, now makes it easier for plaintiffs to prove negligence by tobacco companies and to collect damages by relieving subsequent plaintiffs of the necessity of proving all elements of their claims.

What is a Wrongful Death Claim?

When the negligence of an individual or a company causes injuries resulting in death, a "wrongful death" case is brought by the victim's family. Florida law provides that the negligent party or its insurance company must pay monetary damages to the family members for their loss of the victim's wages, the victim's medical and hospital bills until death, funeral expenses, and for the grief that is experienced.

How do I Prove Wrongful Death?

Generally, in order for a plaintiff to prove negligence they must show the company breached a duty of care and that breach resulted in the death of a loved one. Now, as a result of the 2006 case, plaintiffs in cigarette wrongful death claims can prove negligence based on the established factual findings of the jury from prior litigation. This new rule allows the jury to decide the facts and allows more victims of wrongful death from tobacco companies to bring claims in Florida courts.

How Does the Engle Rule Impact My Case, Wrongful Death Cases?

The Engle class action lawsuit was originally filed against cigarette makers in 1994. After the verdict, the Florida Supreme Court ruled that individual cases could still proceed against the cigarette companies and that the defendants could not dispute nicotine is an addictive substance that causes potentially fatal diseases. This means plaintiffs no longer have to prove nicotine is harmful and addictive, it is already established fact.

Cigarette companies, including Reynolds Tobacco Company, a unit of Winston Salem, argue the Engle rule violates their Due Process rights and threatens tobacco companies with "literally billions of dollars of liability." Proponents of the Supreme Court decision argue tobacco companies spent decades hiding the facts about nicotine and tobacco and plaintiffs should not be expected to prove established facts with each case brought to court.

As a result of the Engle rule, over 8,000 cases claiming death and injury from tobacco are pending against U.S. cigarette makers in Florida. Currently, because of the Engle rule, victims of tobacco have won 40 of 58 verdicts in Florida courts.

Getting Legal Help with These Issues

We take great pride to ensure we are well aware of changes to Florida wrongful death law, particularly as it applies to cigarette and tobacco companies. We understand that big businesses like the tobacco industry can be as an intimidating entity to challenge legally, and you may feel overwhelmed and unsure of how to proceed next. If you or a loved one has suffered serious injuries as a result of the conduct others, or if a loved one has passed away as a result, you need an experienced Florida personal injury attorney to support you through this difficult time and focus on the legal issues so you can focus on your family and your health.

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Spring Break. A time-honored college tradition for students to ditch the books and frolic to the beach, leaving all cares behind, but not forgetting to bring their extra wild behavior. Many spring breakers find their way to the tempting attractions that Panama City Beach has to offer. Perhaps the allure of this destination is in part due to the thousands of other college students seeking to execute their common objective of alcohol overconsumption. Slated as the "Spring Break Capital of the World," it can be logically inferred that these ambitious thrill seekers are exceedingly successful in achieving this goal at Panama City Beach. As a result, the disciplinary figures of the community have much to handle during this time due to the foreseeable negative effects of alcohol - particularly an increased risk of Panama City car accidents.

USA Today reports that the nature of Panama City Beach's spring break guests has evolved throughout the years. More specifically, the guests have become more rambunctious, creating serious problems. In the past, city officials were faced with handling parking issues or traffic congestion - minor problems compared to the more recent reality of increased Panama City car accidents. Students come to the area for more than just a good time. They want to experience the biggest party in Florida, which naturally involves increased alcohol consumption, and unfortunately results in lowered inhibitions and poor decision-making. Our Panama City personal injury lawyer has seen a spike in serving Panama City car accident victims.

Although we are proud to serve those hurt in these accidents, it is important to put forth a strong effort to actually prevent these accidents before they cause harm. City officials allude to drastic measures being taken in order to decrease the level of pandemonium in the "Spring Break Capital of the World." City officials are considering outlawing alcohol on the beaches during spring break, with violators being hit with $50 fines. However, before such extreme measures are employed, a different marketing strategy may first be adopted.

Given the current spring break environment in Panama City Beach, the present marketing strategy appeals to a culture of guests that enjoy raucous crowds and extreme party behavior is being questioned. Such marketing invites the kind of out-of-control behavior that local residents and city officials do not appreciate. Not only does this type of spring break activity increase the risk of accidents, but it also creates a costly situation for the city. According to Wall Street Journal, the spring break festivities typically cost approximately $101 million for the month of March.

It appears that measures have already been taken in the shifting of Panama City Beach's marketing strategy. In 2010, the city ended its relationship with concert promoter mtvU, owned by parent company MTV. To the general public, MTV is recognized as a party-promoting entity, and it has a long-standing reputation for hosting elaborate spring break parties. Severing ties with such the MTV image will help the city revamp its current status as the spring break mecca into a more family-friendly destination.

We are optimistic that the city will continue making strides in its mission to change the common perception of spring break as a vehicle for alcohol-induced partying. Hopefully the city will be successful in its endeavors to make the spring break experience safe for all those who come to enjoy it.

However, in the event that you are the victim of a car accident in Northern Florida or any other accident causing personal injury, please contact our Panama City car accident attorney. We are always here to help.

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