Panama City Florida Injury Lawyer Blog

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

Who is going to the Superbowl this year? It's still way too early to tell, but that doesn't stop most of us from picking our favorites. If you're a Green Bay Packers, New Orleans Saints, Baltimore Ravens, or New England Patriots fan, you're in good shape. If you're a Miami Dolphins fan you're probably slightly more subdued around the water cooler. Still, February is a long way away, and anything can happen. And that's one of the reasons why football fans are so loyal, why they don't just watch the game--they live it. There are not that many other sports we would willingly give up three hours every Sunday afternoon for, or every Monday night.

What is it we love about football so much? For most of us, watching football feeds our competitive natures. Most of us will never get to prove our mettle on the gridiron, yet for those few hours on Sunday, we can pretend that we're in on the action.

Football is an aggressive, action-oriented sport. And maybe a part of us, even if it's just a small part, enjoys that aspect of the game as well. We can afford to, sitting on the sidelines. Professional football players, on the other hand, experience a high rate of injury. Despite wearing helmets head injuries are prevalent among the pros, many of whom sustain multiple concussions throughout their careers. Several studies have proven that multiple concussions lead to long-term damage. This long-term damage has even been given a name--concussion syndrome.

Who is responsible for these injuries? The players themselves, who willingly participate? The NFL? Or could it be Riddell, the manufacturer of the helmets worn by pro football players? A lawsuit, brought by more than 125 players against both the league and Riddell, may eventually help us answer that question. In addition to this class action suit, there are three personal injury cases against the NFL being brought in California, and one in Pennsylvania.

The players are suing the league and helmet manufacturer due to five complaints brought in state and federal court over the past few months. They say the NFL was aware of the dangers of head injuries, fraudulently concealed the long-term effects of concussions, and should have done more to protect and help retired players. Plaintiffs are seeking league changes so others don't suffer from the same damage, a medical process that ensures those who have head injuries related to professional football receive medical attention for the injury for as long as they need it, and compensation.

The NFL is countering that they are not responsible for the medical issues that some of the players are facing, because the players knew there were risks of injury when they decided to play football.

After a hearing on Wednesday, October 19, in which a Senate committee discussed whether manufacturers of sports equipment make fraudulent claims, the NFL did make several changes, including changing its return-to-play policies and the co-chairmen of its committee on concussions.

While exact figures are unknown, the plaintiffs are collectively seeking millions of dollars in damages. The suit could take years to be resolved.

Continue reading "Who's Really Responsible for Superbowl Injuries?" »

The warm weather is here, which many associate with outdoor activities such as swimming and boating. The National Safe Boating Council has named the week of May 21 through May 27th as National Safe Boating Week for 2011. Their goal is to promote safe boating by conducting a series of on-going national campaigns. Their website has a variety of safe boating courses, details of their safe boating campaigns and other resources to assist anyone wanting to enjoy their time on the water and stay safe at the same time.

All too often, there are reports of boating accidents. In 80% of all fatal boating accidents, the cause of death is drowning. In 90% of those drowning, the person was not wearing a life jacket. Even the best swimmer can get into trouble in rough waters especially if the accident results in an injury or if the person is knocked unconscious. Wearing a life jacket will keep you afloat until help arrives or you're able to recover enough to swim to a nearby floating object.

Life vests have come a long way since the bulky over the head devises were designed. Life vests are designed with the size and weight of the person wearing it in mind. It's important to read the recommendation to be sure you and your family members are wearing the appropriate size and type of life jacket. Putting a life vest on your child that is too large can result in them slipping out of it if tossed in the water unexpectedly. Wearing one designed for a lighter weight may not keep you afloat when you need it to. Each are designed for a purpose; general purpose would be sufficient in a pool setting whereas you would want to be sure your child is wearing a life vest suitable for boating if you intend on spending the day on the ocean with the family. Life vests range in price from relatively cheap to upwards of $50 or more, it all depends on the type of life jacket and its intended purpose. This is not an area to skimp or be looking for bargains when you make your decision to buy one. If taken care of, this investment will last a long time and may be responsible in saving your life one day.

Common sense is also important in all water sports. Avoid drinking alcohol when involved in water activities. Alcohol consumption while boating, swimming or water skiing simply do not mix so don't do it! Alcohol will affect your response time as well as affect your decision making when involving what could be a dangerous activity. Plan a family fun day on the water and take the necessary precautions to be sure everyone stays safe. Speak up if a family member or friend is creating an unsafe condition. Friends don't let friends drive-or swim drunk. Be smart, think first and have fun this summer.

Bike week, Thunder Beach, at Panama City Beach, Florida, April 27- May 1, provides a fantastic opportunity for fun under the sun along the famed shores of the Emerald Coast of the Florida Panhandle. Unfortunately, it also exposes participants to unwanted and unwarranted hazards including injury and fatality.

First, let's consider the risks, and, then, how to minimize them for a safe experience for bikers. Increased traffic always results in more wrecks, but safety considerations, including a healthy respect for traffic laws , will save lives. The National Highway Traffic Safety Administration, NHTSA, has released figures showing dramatic increases in severe accident during the last few years. Over three thousand bikers are dying on the roads each year. Nearly half of the accidents involved alcohol, and a third involved speeding by the bikers. As for the speeding-related deaths, that's twice the rate of deaths seen in car and truck accidents. These stats make us think about how to make biking safer.

Obviously, speeding and drinking before and while operating a bike are taboo. However, safety is a two way street. Operators of larger and heavier vehicles, namely cars and trucks, share the responsibility for safety. Too often, and very dangerously, they engage in road rage, perhaps because they consider bikes a nuisance or are irritated by their noise. Nevertheless, the law is clear. Bikers have as much right to be on the roads as cars and trucks. And they have the same legal protections. In essence, they have the right to safe passage. Bikers, likewise, can take steps to protect themselves from being "the unseen" on roadways.

A New Zealand safety study showed that wearing a white instead of a black helmet increases visibility. Cyclists wearing white helmets had a 24% lower risk of being in an accident. Additional safety can be achieved by choosing the time of day to travel, especially in resort areas. Motorcycle safety courses stress avoiding travel at night, especially in resorts like Panama City Beach where a significant number of car and truck drivers are driving while intoxicated. Avoiding riding at night, particularly on Saturday nights and Sunday mornings in these areas, when drunk drivers are most likely to be on the road, can save a biker's life.

Cars and bikes can peacefully co-exist at the beach, but if an accident happens, this firm is skilled in the investigation, preparation, and litigation of biking accidents caused by careless motorists. Enjoy fun and safety at Thunder Beach 2011 at Panama City Beach.

Tallahassee, Florida recently hosted a gathering of caregivers, survivors, medical researchers and the Florida Traumatic Brain Injury (TBI) community to share, support and inspire others. The Brain Injury Association of Florida and the Florida Department of Health sponsored the event at the State Capitol.

"Brain injuries affect people of all ages and all walks of life" said Valerie Breen, Executive Director of Brain Injury Association of Florida. "There are 210,000 people in Florida living with a brain injury. The consequences for those who survive and their journey to thrive is our story today. Access to health care, rehabilitation and life-long support is key to survivors and their families."

Buzz Bissinger was among the event panelists and featured guests. He is the award-winning journalist and author of "Friday Night Lights", a story of high school football in a small town. Bissinger is one of the first to bring focus on high school sports injuries and head trauma, concussion in particular. He reminds parents and coaches that they must help the athletes recognize the signs and symptoms of concussions and to make it acceptable to sit out a game or two to recover. In my years of representing people with TBI, it is the same for victims regardless of the cause of their injury. Motor vehicle accidents, boating accidents, slips and falls on hard surfaces, and brain injuries resulting from medical malpractice end in frustration not only for the injured but also for their families and friends. Typically, they note changes in mildly injured victims manifested by irritability, inability to focus, word finding difficulties, and short term memory loss (see new research information below) among other symptoms. More profound injuries, of course, can result in complete cognitive and motor disability.

The Tallahassee event focused not only on those living with Traumatic Brain Injury but also prevention of TBI. Others in attendance included Ana M. Viamonte Ros, Surgeon General of the State of Florida; Frank Toral, Director, Brain Injury Association of Florida; Valerie Breen, Executive Director, Brain Injury Association of Florida; Jacob W. VanLandingham, Ph,D., Assistant Professor in Biomedical Sciences, FSU College of Medicine as well as 9/11 and TBI survivor, Chee-Chee Parker and Lester Rice, TBI survivor/caregiver, activist.

Continue reading "Surviving Traumatic Brain Injury" »