Frequently Asked Questions
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What is a Concussion?
Contrary to what many people believe, a concussion is not simply a “bruise” to the brain after bumping the head. A concussion is actually a traumatic brain injury. They arecaused when the head is hit or hits something which results in the brain to rapidly accelerating inside the skull. When the rapidly moving skull comes to an abrupt stop, the momentum of the brain causes it to strike the inside of the skull with great force. This all happens very rapidly, but far from being just a quick event, it initiates processes deep within the brain tissue which may last a lifetime
What Happens Inside The Brain Following A Concussion?
The brain is a highly-organized, extremely complex, and powerful command center of the human body. It governs our emotions, thoughts, memories, learning, intelligence, creativity, movement, speech, our senses and so much more. Its capabilities are amazing. But it is very fragile. The brain is soft and delicate and has a Jell-O-like consistency. Inside the brain are billions of neurons, which communicate signals over long-spindly structures, called axons. The smooth and uninterrupted transmission of these signals over the axons is vital to the brain’s ability to properly control our bodies.
The skull serves to protect the brain from external blows to the head, but when the head or torso is subjected to a sudden force or jolt, the brain forcefully shifts and moves inside the skull, causing the neurons and axons to stretch and even tear. When an axon is torn, it not only disrupts the brain’s ability to communicate its vital signals, but also causes the death of surrounding neurons from toxins which are released when the destroyed axons begin to degrade and deteriorate.
What Are The Symptoms Of A Concussion?
Symptoms of many concussions are immediately visible. Sometimes, however, they become apparent much later. Typical concussion symptoms that appear immediately include headache, confusion, disorientation, loss of consciousness, amnesia about how the injury occurred, dizziness, and others. Symptoms that can occur later include depression, anxiety, forgetfulness, fatigue, visual disturbances, problems with concentration and attention, memory problems, sleep disturbances, as well as changes in mood and behavior.
How Long Does It Take A Concussion To Heal?
Each brain is unique, and each injury is unique. There are also different levels of concussion severity (from mild to severe). The average complete healing time for a concussion is typically 2-3 months according to scientific literature. Getting appropriate medical care, following physician’s orders, and protecting yourself from receiving another concussion while healing from an initial concussion, are crucial to the healing process. But sometimes, despite our best efforts, concussion symptoms can last well beyond the “normal” healing period. In fact, people can suffer these symptoms for months or even years after the event. Suffering concussion symptoms beyond the time that is considered “normal” is called Post-Concussion Syndrome (or PCS). PCS is a serious medical condition that wreaks havoc on a person’s daily life – interfering with work, social life, school, hobbies, and personal relationships. Persistent post-concussion syndrome may be considered a permanent injury and its effects may ripple throughout one’s life.
Have You Or A Loved One Suffered A Concussion Due To Negligence?
If you or a loved one have suffered a concussion due to negligence you need to speak with an experienced brain injury attorney as soon as possible. Please contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.
Do I have a case if a dog causes my bike crash on a trail in Florida?
One of the great advantages of the trail system Florida is creating is the opportunity for people to get outside for exercise. They love to take their dogs with them. Some of the most popular trails in Florida are close to major metropolitan areas such as the Pinellas Trail, West Orange Trail, Legacy Trail and others. However, they require bicyclists and people walking dogs to share the same path. Even when cyclists stay within a typical speed limit of 20 mph, someone with a dog may be caught unaware of how rapidly a bicycle may be approaching them, particularly when the cyclist is approaching from behind them.
Any cyclist who uses our trail system has encountered a dog being walked on a leash which allows it to be six or eight feet away from its owner. This is a dangerous mix on a multiuse trail and can cause serious injury to someone on a bicycle.
Can A Dog's Owner Be Held Responsible For My Bicycle Accident?Keep in mind that dog owners may be held strictly liable for the actions of their dog. A dog owner may be held legally responsible if they allow their dog to get into the path of a cyclist which results in a crash with injuries.
At the same time, cyclists have a responsibility to take reasonable steps to avoid unnecessarily running into a dog. This means we have to slow down approaching someone walking the dog on a trail. We need to announce ourselves, particularly when approaching from behind them. However, despite our efforts to avoid them, dogs frequently cause cyclists to crash. When the unexpected happens, it is a cyclist who ends up dealing with the consequences of a significant injury.
The person in control of the dog may be held legally responsible and a claim may be pursued under their homeowner’s or renter’s insurance policy. Bear in mind, in Florida some of these policies exclude any responsibility for injury caused by a dog. Others may exclude certain breeds of dogs. Despite this, we have successfully pursued many of these claims on behalf of our injured cyclist clients.
Did A Dog Cause Your Florida Bicycle Accident?
If you've been injured in a bicycle accident due to a dog you may be eligible for compensation. Please contact us online or call our office directly at 888.815.6398 to schedule your free consultation.
What is Medical Malpractice in Florida?
Medical providers in Florida are held to what is known as a “reasonable standard of care," meaning what any reasonably careful doctor, surgeon or health care provider would have done in treating a similar patient under similar circumstances. This level of care is sometimes referred to as a “minimum standard of care.” The reasonable or minimum standard of care is generally established by having a qualified expert review the patient’s medical records and give his or her opinion whether the reasonable or minimum level of care had been given to the patient.
How Does A Medical Malpractice Attorney Help Your Claim?
When an experienced medical malpractice lawyer is investigating a case, they will first request a copy of the patient’s complete medical records. The lawyer then looks for an expert (doctor, surgeon or other provider) who is willing to review the record and give an opinion as to whether the reasonable or minimum level of care had been provided to the patient. The expert would need to find the doctor, surgeon or provider was negligent in the care they gave. This is only the first step.
There must also be a finding that the doctor, surgeon or provider’s care resulted in injury to the patient. There must have been a connection between the medical mistake, or breach of the reasonable standard of care, and the injury or harmful result the patient is suffering. A malpractice case in Florida requires the injured person to have evidence of negligence and, what is often referred to as, causation resulting in the injury to the patient.
There is difference between medical negligence (malpractice) and a bad outcome or result from the medical treatment. Medical literature has documented that, even with perfectly performed treatment or surgery, a small number of patients may suffer a bad outcome. Having an unexpected, unfortunate or even tragic outcome does not necessarily mean it was caused by medical malpractice. In the medical-legal world, these unexpected results not caused by medical malpractice are known as “known complications” of the given treatment or procedure. The question is whether the patient’s injury was caused by a medical mistake or was an unfortunate, known complication.
Medical malpractice cases are possible based on care by many types of healthcare providers, including doctors, surgeons, nurses, physical therapists, anesthetists, pharmacists and many others. In evaluating whether a specific type of healthcare provider met the reasonable standard of care for their area of practice, lawyers will typically seek the opinion of an expert who is a similar provider or specialist.
To learn more please contact us online or call our office directly at 888.815.6398.
How Much Does It Cost to Hire a Bike Accident Lawyer?
Many attorneys are hesitant to talk about their fees. We believe in giving people as much information as possible so that they can make their OWN choices about their legal situation. The reality is, you may not need a lawyer. If we discuss your case and we don’t think you need a lawyer, we will tell you. In fact, we will go further and give you suggestions on how you might consider handling it on your own. Even if you don’t need a lawyer, we will be happy to give you our thoughts on getting your bike frame repaired or replaced all at no cost to you.
However, if you have a more serious injury, particularly one that will require any type of surgery, it is always in your best interest to hire an attorney. You need to make sure things are done right. That includes reimbursing your health insurance company or Medicare on what they pay out on your behalf. Not getting that right can cause you huge problems later.
Further, let’s face it, you probably have no experience putting a realistic settlement value on your injury. You’ll be dealing with an insurance company who does it every day. You need a team behind you that has the experience in dealing with insurance companies, understands the true value of your injury, and is comfortable fighting for you in front of the jury if it is required for the best interest of your case.
How a Contingent Fee Works
At Jim Dodson Law, our bike crash cases work on a contingent fee basis. Simply put, you don’t pay any fee unless we win. Our compensation is contingent on you getting a settlement you believe is fair. This creates an incentive for us to get the best settlement possible, and it means you don’t have to pay any money up front. I express it this way, “you only get a check, you never write a check.” Period.
In the vast majority of our cases our fee is only 33%. Lawyers are permitted to increase their fee to 40% if a lawsuit is filed in the Circuit Court and the other side hires a lawyer who files their Answer. We don’t do this. I would never want you to believe there was an incentive for us to file a lawsuit simply to obtain a higher fee. Therefore, our fee will not exceed 33% even if a lawsuit is filed, if your case is settled at the mediation conference. In our experience, even in cases where a lawsuit is filed, about 70% are settled at mediation. We believe that if we can avoid the cost of preparing for trial and find a settlement your thrilled about, we want to pass that cost savings to you.
What Happens if the Case Doesn't Settle at Mediation?
If a case does not settle at mediation and requires scheduling a trial date, our fee will rise to the industry standard of 40% to cover the additional time, energy, and significant costs of hiring experts and preparing for trial. Again, these fees depend on winning your case. If there is no recovery, there is no fee. For more information on we encourage you to take a look at our No Promise Fee.
Think about it this way: can a team that has been handling bike crash cases for decades get you 33% more money than if you try to handle all of this on your own? It’s hard to imagine a scenario where the answer is anything other than YES. Remember, we have no interest in taking a case in which we don’t believe we can help our client achieve a better settlement. If you don’t need an attorney, we will tell you straight-out you could do just as well on your own and even give you our thoughts on how you can accomplish it.
We are Dedicated to Your Success and are Here to Answer Your Questions
In our experience, people are very appreciative that we are upfront about the cost of our services and are thankful we can give them free resources that will help them along the way. If you have any questions at all please contact us online, or, if just want to talk about your case, don’t hesitate to call our office at (888) 207-0905.
What is the Law in Florida When a Golf Cart Injures Someone?Golf carts were originally designed to be used only on golf courses. For many years, their use was limited to privately owned golf courses and resorts. Today, their popularity has skyrocketed and they may also be found operating on certain public roads and within designated golf communities. Many people remain confused about what rules apply in regards to golf cart accident and injuries.On the golf course, they are used by golfers as well as by various other golf and resort personnel to run errands and ferry guests from place to place. People operating golf carts in this way are governed by Florida’s general negligence standards. The driver of a golf cart which causes harm to someone may be held liable and financially responsible for any harm they cause if they fail to operate the golf cart with “reasonable care."
What Type Of Injuries Can Result From A Golf Cart Accident?Some of the most common golf cart related injuries caused by a negligent driver include:
- Running into a golfer or pedestrian on or off the golf course
- Hitting another golf cart
- Crashing into someone on a bicycle
- Driving into a fixed object, such as a pole or tree
- Injuring a passenger by turning too quickly and ejecting them from the golf cart
What Does Florida Law Say About Golf Cart Injuries?Golf carts have been found by courts in Florida to be a dangerous instrumentality capable of causing great bodily harm. For this reason, a golf cart owner is strictly liable for its use. This means the owner will be held legally responsible for the negligence or carelessness of someone using the cart with their permission. The owner may be held strictly liable, whether it is a private person, a golf course or private resort. When the driver’s lack of care causes injury to someone, both the driver and the owner may be held legally responsible for the harm caused in the crash.
Are Florida Driver License Laws The Same For Driving A Golf Cart?In order to operate a golf cart, the driver must be at least 14 years old. A driver’s license is not required; nor is the golf cart required to be registered with the state, have a license tag or be insured like a car.Golf carts are limited by state law to a top speed of 20 mph. They may only be operated on specially designated public roads and within certain state parks where they are specifically permitted to do so by law. These roads are found within golf cart communities, mobile home parks and on a limited number of other designated Florida roads. They may only be used from dawn to dusk unless equipped with lights, windshield wipers and other safety features.When a golf cart is operated on a public road, the driver must obey applicable traffic laws. Florida statutes prohibiting such things as speeding, careless driving, running a stop sign, failure to yield the right of way, improper turning, and driving under the influence. These offenses may be enforced against the driver, and may be evidence of negligence when the driver’s action causes injury to another person.Florida also recognizes a vehicle similar to a golf cart which is designated as a “neighborhood electric vehicle (NEV)” or “low speed vehicle (LSV).” These are not golf carts as they operate at speeds greater than 20 mph. They are regulated in a similar way as a motor vehicle with requirements including a driver’s license, tag, insurance and standard safety equipment.
Does Florida Law Require A Golf Cart To Carry Insurance?Golf carts which are owned by a golf course or golf resort will typically be insured under a commercial general liability insurance policy. The policy would cover an employee of the resort operating the cart in addition to covering the resort’s strict liability as owner of the cart. A golfer driving a golf course or resort owned golf cart will typically be insured by their own homeowner’s insurance policy.Homeowner’s insurance may not always provide liability insurance coverage for injuries caused by a private person using their own cart on a golf course or on an authorized public road. Responsible owners may have purchased a specific golf cart policy which provides liability coverage in these situations.
Have You Been Injured In A Florida Golf Cart Accident?If you have been injured because of the carelessness or negligence of a golf cart operated on a golf course or on the road, you may be wondering if you have a case. We want to make getting useful information as easy as possible. Please contact us online or call our office directly at 888-207-0905 to schedule a free, no obligation consultation. We look forward to discussing your potential claim and your legal rights to compensation.
I Was Hit As A Pedestrian By A Driver Who Fled The Scene. What Can I Do?
Hit and run drivers are a menace to Florida pedestrians. There are several reasons why a driver will flee after hitting a pedestrian. They may have no insurance or, even more dangerous, no driver’s license. If a driver was drinking or under the influence or has a warrant for their arrest they will frequently drive away in order to avoid arrest. Regardless of the reasons, fleeing is a cowardly act which leaves you to face your injuries and medical bills on your own.
How Will My Medical Bills Be Paid In A Pedestrian Hit And Run Case?
If you own a vehicle insured in Florida you are required to have No Fault/PIP which pays up to the first $10,000 of your medical bills for injuries received when hit by a vehicle. If you do not own your own vehicle, but live with a family member who does have an insured vehicle, you may be entitled to No-Fault/PIP benefits under their policy.
There are requirements in order to take advantage of the PIP benefits. The first is that you need to see an approved medical provider within 14 days of your injury. If you receive only chiropractic treatments, your benefits under PIP may be limited to $2500. Your doctor may send you for an evaluation as to whether you have what is known under the PIP statute as an “emergency medical condition.” If a doctor makes a finding you have an emergency medical condition you may be entitled to the entire $10,000 of PIP benefits. Keep in mind PIP pays medical bills. It does not provide cash payments to you for your injuries unrelated to reimbursement of your injury related medical expenses.
How Will I Be Paid For Pain And Suffering Resulting From A Pedestrian Hit And Run Case?
If you own a vehicle insured in Florida or are a resident relative of a family member who has an insured vehicle, you would be entitled to compensation under the uninsured/underinsured provisions of that auto policy. The simplest way to confirm whether you have this coverage is to look at the declarations page you received from your car insurance company each year, check your policy online or simply call the insurance company and ask.
Receiving fair and just compensation after a hit-and-run pedestrian crash can be complicated. You’ll find answers to the most common questions in our popular consumer guide Florida Pedestrian Accident Guide. It is available to download here for free.
Have You Been Injured In A Pedestrian Hit And Run Case?
Feel free to contact me online or call me directly at 888-207-0905 for a free, no obligation consultation.
In a wrongful death case who is the right family member to hire a lawyer before the Personal Representative is appointed?
Florida law is very clear that the personal representative (PR) of the estate of the person who died is given legal authority to hire a lawyer and pursue the wrongful death claim on behalf of all survivors. However, it may take weeks before the order appointing the personal representative is signed by the judge of the Probate Court. The family often needs to make the decision to hire a lawyer before the PR has been appointed in order to investigate the traffic crash or other fatal incident. Who is the right person to engage the lawyer before the personal representative has been appointed?
The answer may turn on whether the person who died had a will or died without a will. Florida Statute 733.301 offers guidance on who has preference to be named as personal representative. If the deceased had a will it may nominate a specific person to serve as the personal representative of the estate. That person would have first preference to be appointed by the judge as the PR and would be the appropriate person to meet with a lawyer. If the will does not nominate a specific person, the majority of the estate beneficiaries could agree on the person to serve as the personal representative. Otherwise it would fall to the best qualified beneficiary of the will. This person would hire the lawyer for the wrongful death case.
In situations where the deceased died without a will, the person with first preference to act as the personal representative would be their surviving spouse. If there is no surviving spouse, or if the surviving spouse is not able or qualified to act, the majority of the heirs could agree on the person to be nominated. Otherwise, it could fall to the best qualified heir closest in line to select the lawyer.
In situations where an agreement is needed on who is best qualified to serve as PR, a meeting of the heirs or beneficiaries ideally would be held with the lawyer. If such a meeting is not feasible, once an agreement is reached on who will serve as the PR, the lawyer may give each beneficiary or heir forms to sign confirming their agreement on the person to be nominated as personal representative.
The Benefits of Hiring A Wrongful Death Attorney
The purpose of this system for nominating the personal representative is to have the court name one person with legal authority to act on behalf of the estate. That person has the authority to hire the attorney to pursue the wrongful death claim, approve the filing of any lawsuit and, ultimately, sign any settlement checks and releases. Retaining the wrongful death attorney is a very important decision and it should be done as soon as possible. By identifying who will serve as the PR in a smooth and orderly manner, that person can engage the wrongful death lawyer with confidence. This allows the wrongful death lawyer to be retained before the PR is officially appointed by the court so that he or she can pursue all needed steps to investigate the case at the earliest opportunity.
If you need to speak with an experienced wrongful death attorney please contact us online or call our office directly at 888.815.6398 to schedule your free consultation.
What Future Medical Expenses Can Be Considered in My Settlement?
It is very common for treating doctors to tell patients they may need surgery or therapy in the future. As humans, we naturally focus on what the future might bring. With that in mind, what future medical expenses can be considered in sizing up the settlement value of a case?
The law in Florida is very clear. Only future medical expenses which are “reasonably certain to be incurred in the future” may be considered by a jury. Claims adjusters use the same standard. This requires the doctor to say in their opinion “beyond a medical certainty” future treatment would be required. This means “probably” or “more likely than not” the patient will need the treatment.
It may sound like a subtle difference between “surgery might be necessary” or “will be required,” but it is a huge distinction. Treatment which “might” or “could” be necessary in the future does not meet the standard. What we are looking for is for the doctor to say surgery “will be necessary” or “will probably be required.” When phrased in this way it means the future treatment should be compensated.
If you need help following a personal injury please contact us online or call us directly at 727-446-0840 for your free evaluation.
If My Car was Totaled in an Accident, Do I Still Need to Make Payments?
Yes! If your car or truck was totaled in a collision, you need to inform your lender of the incident right away. Your vehicle is the collateral on their loan to you and they have a legal right to know it’s been destroyed. You also need to continue to make any regularly scheduled payments on the vehicle until the entire loan has been paid off.
It can take several weeks to determine liability for a collision and negotiate a fair price for your vehicle (insurance companies call that price the actual cash value). During that time, you will be responsible for making payments on your loan. Once the actual cash value has been agreed upon and a check has been issued, any payment from the insurance company for the value of the vehicle will be applied to the end of the car loan agreement. This means you are responsible for making all scheduled payments until the amount is completely paid off. You do not get any credit on the front end of the loan.
If the actual cash value of your vehicle is less than what you owe on your car or truck, GAP insurance coverage (also called loan or lease payoff coverage) purchased through your auto insurance carrier or the dealership where your car was purchased will cover the difference in price. Check the terms of your GAP policy, however, because some only pay up to 25% of the actual cash value towards the price difference. So, even with GAP coverage, you could be left to pay the bill if your vehicle is worth substantially less than the amount you owe.
For example, if you owe $15,000 on your car loan, but the at-fault driver only had $10,000 in property damage coverage AND you do not have GAP coverage, you must continue making your regularly scheduled payments until you pay off the remaining $5,000.
Imagine the same example, but with Gap coverage up to 25% of the actual cash value. The GAP coverage would cover $2.500 on top of the $10,000 provided by the property damage coverage. You would be responsible for the balance of $2,500.
Now, let’s look at the same set of facts but with full GAP insurance. Your GAP insurance will pay the remaining $5,000 on the loan after the property damage coverage provides the initial $10,000.
If you were injured in a car accident and need an attorney to help you navigate through the rules regarding vehicle repair or replacement and medical treatment, contact our team at 727-446-0840. We offer free consultations to all accident victims.
What Happens in a Florida Drunk Driving Personal Injury Case?
In a personal injury case, the personal injury attorney you hire will handle your case against the drunk driver for damages like your medical expenses and other accident related expenses. The personal injury attorney will communicate with the driver’s insurance company and handle all correspondences so you don’t have to.
Driving under the influence is a completely voluntary choice that puts every pedestrian, cyclist, and motorist on the road at risk. At Jim Dodson Law we believe those who choose to drive drunk must be held accountable for their choices. We know every case is unique and we understand there is no adequate compensation for the injury and loss a drunk driver causes, but we do our very best to get everyone the compensation they deserve.
While most cases are not decided by a jury, predicting what a jury would do serves as the principle for arriving at the settlement value of a case. The purpose of a personal injury case is to try to make the injured person whole again or put them back in a position they were before the collision and resulting injuries. This requires an apportionment of fault for the crash, or in laymen’s terms, how much at fault was the drunk driver.
Regardless of how the collision was caused, the injured person will be covered by his or her own PIP/No-Fault for up to $10,000 in medical expenses and wage losses. Beyond that, the drunk driver’s bodily injury coverage should be sought. If the bodily injury coverage is insufficient to fully compensate you, you should seek reparation from your own uninsured/underinsured motorist coverage. The insurance company will be able to compensate you for accident related medical expenses such as physical therapy, medical devices and surgery.
Because drunk driving is a crime, DUI drivers may be required to pay punitive damages out of their own pocket. Punitive damages are intended to punish the wrongdoer. They go beyond simply compensating the victim and their family for actual losses. These tend to be larger sums and are the personal responsibility of the driver. In most cases, drunk drivers don’t have any money to pay punitive damages, but when they do they can be substantial.
In Florida, it is a very common problem that people choose to drive without insurance. The lawyer you hire must understand Florida’s uninsured/underinsured motorist laws so they can help you seek full compensation for your losses. It is your lawyer’s job to uncover all available insurance so that the victim and their families are adequately compensated.
At Jim Dodson Law we work with you every step of the way. We meet with you, listen to your concerns, answer your questions, and strive to obtain adequate compensation for you and your family. If you are the victim of a DUI crash and are unsure of what to do, call us at 727-744-0840. You are not charged a dime for meeting with us to discuss your case, and you will never pay us unless we settle your claim or win at trial.