Category: Firm News

Postexposure prophylaxis against rabies

The victim of a dog bite in Florida does not always need to receive the rabies vaccine. The Children’s Hospital of Philadelphia explains that it is possible to observe a dog in confinement for symptoms, and if none show up after 10 days, no further treatment is necessary. A human dog bite victim also does not need any shots if the animal has a verifiable vaccination history. 

However, sometimes it is not possible to either observe the dog or verify its vaccination history. If this is the case, then according to the Centers for Disease Control, the victim should receive a course of injections containing the rabies vaccine. If the patient has never had a previous rabies vaccination, the first dose should also include human rabies immune globulin. Unusually, most people who receive the rabies vaccine only do so after an event, such as a dog bite, in which transmission of the virus could take place. For this reason, doctors refer to it as postexposure prophylaxis. 

Part of the reason why a patient may receive a vaccination only after a dog bite is that the rabies virus takes a long time to incubate, i.e., start producing symptoms. Another reason for postexposure prophylaxis is that one shot alone is not effective against the disease. The patient must have multiple injections according to a set schedule. The first injection takes place on the day of exposure, or as soon thereafter as possible. The patient receives the next dose on the third day and subsequent doses on days seven and 14. 

In the past, it was more common for patients to experience adverse reactions from the rabies vaccine. However, because of the development of new vaccines, adverse reactions are much rarer. Local reactions at the injection site may include itching, pain, redness or swelling at the injection site. These are typically mild. 

What are common causes of slips and falls?

Slips and falls may be seemingly minor incidents that can prove dangerous, especially for older adults. According to the Centers for Disease Control and Prevention, for those over 65, one out of every five falls results in a serious injury, including hip fractures and head injuries. Slips happen when there is not enough friction between your feet and the ground, while trips are the result of an obstacle on the floor blocking your foot, resulting in a loss of balance. 

In a personal injury case, a slip and fall refers to a situation where a person sustains an injury on another person’s property after a fall. Slips and falls can both occur as a result of hazards and unsafe flooring, or other dangerous conditions that show a lack of property maintenance. Dangerous conditions include any risk that could not be easily anticipated and is under the responsibility of the owner, either because the owner created it, intentionally neglected it or failed to correct it. 

What causes slips? 

Slip-resistance is an important feature for a floor to have, because it helps prevent common and dangerous injuries from falls. There are methods for testing, including tribometers or drag-and-pull meters, which both provide a figure called the static coefficient of friction that helps show how slippery a floor is. Spills and substances on floors can cause slips by reducing the slip-resistance greatly. Some of the most common risk factors include: 

• Ice on the ground 
• Liquids on a polished, hard surface 
• Lubricants or other slippery materials on the flooring 

What causes trips? 

Trips are most often caused by unexpected obstacles or objects on the floor. Single steps can easily cause trips, and that is why property owners or managers usually mark them with bright yellow tape or paint. When people walk, they swing their feet forward at different elevations, at an average height of half an inch off the ground. This low clearance means that even the smallest variation in ground level can cause someone to trip and fall, including: 

• Uneven flooring 
• Loose carpeting 
• Cables and wires 
• Lack of lighting 

These unsafe conditions can cause major injuries in seniors when left unchecked. 

Road rage: How to spot an aggressive driver

Road rage in Delaware and across the U.S. is more common than you may think. In fact, at least 80% of drivers across the country admit to having had feelings of road rage within the last year, according to AAA. While men are more likely to exhibit it than women, anyone is susceptible to becoming a victim of aggressive driving.

People who have road rage often engage in hazardous driving behaviors and put the lives of everyone else on the road in danger. In fact, 56% of deadly driving accidents are the result of at least one aggressive driving behavior.

Signs to look out for

As a way to limit your risk of becoming involved in an accident while on the road, you should always be on the lookout for dangerous driving behaviors like these:

• Racing other vehicles or speeding
• Constant horn honking, yelling expletives or using obscene hand gestures
• Tailgating or following too closely
• Excessive lane changing
• Blocking other vehicles from changing lanes or weaving in and out of traffic
• Ramming or bumping into other vehicles with malicious intent

In some cases, angry drivers may exit their vehicles in order to start a confrontation with another motorist. Drivers with road rage may have baseball bats, sticks, guns or other weapons they use to threaten others on the road.

What should you do

If you spot an enraged driver, it is critical that you avoid engaging. Do not exchange words, use hand gestures or aggravate the angry driver in any way. Not only could you worsen the situation, but you may be at risk of getting injured.

Instead, law enforcement officers suggest you alert police to the matter at hand and allow them to take care of the situation. By doing so, you may save your life or the life of another innocent driver.

What are the common reasons for bicycle accidents?

Biking is a great way to get around Florida and improve your health at the same time. Unfortunately, using a bike as a main mode of travel often increases your chances of becoming an accident victim. Knowing what those accidents are and the reasons behind them keeps you safe.

People Powered Movement took a close look at bike accidents in the U.S. Use their insights to avoid unnecessary injuries and incidents with motor vehicles.

Failing to yield

When drivers and bikers alike do not know how to share the road with each other, they may not know who yields to whom at intersections and on the road. Such knowledge gaps can lead to accidents.

Rider and driver distractions

Distracted drivers become hazards to pedestrians, other motorists, bikers, motorcyclists and practically everyone else on the road. Bikers who fail to make themselves clearly visible could find themselves struck by a car even if the driver looks down for just a second.

Additionally, bikers can ride distracted. Music makes a bike ride that much more enjoyable, but wearing earbuds or headphones can drown out the sound of an approaching car or other hazards. Just like drivers, bikers can also become distracted by carrying on a conversation hands-free while riding.

Poor road conditions

When cities fail to keep roads, especially those with bike lanes, in good repair, bikers are vulnerable to unnecessary injury.

Night biking

Besides not expecting to see bikers at night, drivers have an even harder time spotting night-time bikers when riders to not wear brightly colored or reflective clothing.

This information is only intended to educate and should not be interpreted as legal advice.

What are the four types of falls?

Falls are a common reason for serious injuries in the senior population, but anyone could become a victim of this type of accident in Florida. There are many ways you could fall. A wet floor, a loose rug or a step you do not see could all lead to nasty injuries if they cause you to lose your balance and hit the ground. There are actually four types of falls to be aware of, according to Occupational Health & Safety.

The four types of falls go into categories based on what caused the fall. They include step, slip, trip and stump.

A step and fall is when you walk on a surface that has a change in height you were not expecting. This could be a step down, a hole or an uneven surface that slopes or dips down.

A slip and fall is the type of fall you are probably most familiar with. It happens when the surface you are walking on does not allow your shoes or feet to grip the surface, which means you lose your footing. Often, slip and falls occur due to wet surfaces, but some flooring may be naturally slippery and lead to falls.

A trip and fall occurs when something unexpected is in your path. You do not see the obstacle and you trip over it, losing your balance and falling. Trips are often caused by objects such as toys or power cords.

A stump and fall is when your foot connects with an object and causes you to lose your balance. This could be an unexpected stair, an obstruction of some type or something under a rug or carpet that creates a bump.

This information is for education and is not legal advice.

Slip And Fall Accident FAQs

The following are some of the most common questions that each Sebastian, FL slip and fall lawyer from our law firm hears from our clients. If you have been injured, contact our firm directly to find out what legal recourse you may have.

What Should I Do Immediately After A Slip And Fall Accident?

Following a slip and fall accident, your immediate actions can significantly impact your ability to seek compensation for your injuries. First and foremost, seek medical attention right away, even if your injuries seem minor. Prompt medical documentation is crucial for your case. Next, report the incident to the property owner or manager and ensure it is properly documented. Collect evidence such as photographs of the hazardous conditions, any witness contact information, and any clothing or shoes that may have contributed to the fall. Lastly, consult with an experienced Sebastian slip and fall lawyer to discuss your rights and potential legal recourse.

Who Is Responsible For Slip And Fall Accidents?

In Florida, property owners and occupiers have a legal duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. Liability in slip and fall cases typically depends on whether the property owner or occupier acted negligently. This means they failed to address a dangerous condition or failed to warn visitors adequately. Identifying the responsible party can be complex, but lawyers have the expertise to investigate and determine liability in your specific case.

What Types Of Compensation Can I Seek In A Slip And Fall Case?

Victims of slip and fall accidents may be entitled to various forms of compensation. This can include medical expenses, such as hospital bills, surgeries, physical therapy, and medication. You may also seek compensation for lost wages, both past and future, if your injuries prevent you from working. Additionally, victims may be eligible for pain and suffering damages, which cover physical and emotional distress resulting from the accident.

Is There A Time Limit For Filing A Slip And Fall Lawsuit In Florida?

Yes, there is a statute of limitations for filing a slip and fall lawsuit in Florida. Generally, you have four years from the date of the accident to initiate legal action. Failing to file within this time frame may result in your claim being barred, and you may lose the opportunity to seek compensation for your injuries. To protect your legal rights and ensure you don’t miss any crucial deadlines, it’s vital to contact an attorney as soon as possible after a slip and fall accident so they can initiate the legal process promptly.

How Can A Lawyer Assist With My Slip And Fall Case?

Our experienced slip and fall lawyers can provide invaluable assistance throughout your slip and fall case. We will conduct a thorough investigation, gathering evidence such as surveillance footage, witness statements, and maintenance records. Our legal team will work diligently to establish liability and demonstrate negligence on the part of the property owner or occupier. We will negotiate with insurance companies to secure a fair settlement, and if necessary, we are prepared to litigate your case in court to pursue the compensation you deserve. Your well-being and your rights are our top priorities, and we are here to provide you with the legal support and guidance you need.

If you’ve been injured in a slip and fall accident, Tuttle Larsen, P.A. is here to help you navigate the complexities of your case. Our dedicated team of attorneys has extensive experience in handling slip and fall cases, and we are committed to fighting for your rights and seeking the compensation you deserve. Contact us today for a free consultation with a skilled Sebastian, FL slip and fall lawyer to discuss your case and explore your legal options. Your recovery is our mission, and we’re ready to stand by your side every step of the way.

Could enhanced safety technology prevent truck accidents?

Accidents involving trucks on Florida roadways are often among the most devastating. Trucks are so much larger and heavier than other vehicles that during a crash, they often demolish the other vehicles involved. Due to this risk, it is important to ensure drivers and trucks are as safe as possible to prevent accidents. A new movement is looking at adding enhanced safety technology that could lead to a reduction in truck accidents, according to Forbes.

Whether you drive a truck or just drive alongside them on the roads, you should be able to appreciate the idea of safer trucks. There are many safety features that trucks could have added to help make them less likely to be in an accident.

This includes adjustments to the braking systems, such as automatic systems that will break for the driver if the system detects a crash could occur. It also includes different braking systems that allow for easier maintenance and perform at a higher level than traditional brakes.

Driver assist systems are also something encouraging. These systems can monitor the road and help a driver when needed. For example, a lane departure warning would let a driver know when he or she has left the intended lane of travel.

Monitoring systems are helpful as well. These systems allow you to watch over driver behavior. It can help employers to ensure drivers are being safe and doing what they should when out on the roads. These are projected to increase safety by quite a bit, possibly saving up to 293 lives a year. This information is for education and is not legal advice.

What should you do immediately after a car accident?

No matter how carefully you drive in Florida, there are times that accidents are not your fault. It is impossible to avoid the bad choices of others, particularly in a vehicle. When you are in an accident that is not your fault, the steps you take immediately after can greatly influence your future and your financial stability.

According to State Farm, the first thing to worry about is if anyone is hurt. If the accident is small, all vehicles should be moved off the road to a safe place. Turn on your hazard lights, put the vehicle in park and turn the vehicle off. If you have flares, warning triangles or cones, put them up to warn other drivers. Check for injuries and if there is any concern about anyone involved, call an ambulance. Even in a minor accident, the police should be called, as a police report can make a huge difference in an insurance claim.

Now it is time to collect as much information as possible. The following should be included on your list:

• The names and contact information of any passengers or drivers
• The make, year and model of the vehicle
• License plate numbers and driver’s license numbers
• Policy numbers and insurance companies
• Contact information for any eyewitnesses
• The location or address of the accident

You may also want to take pictures of the accident if you can do so safely. Unless your insurance agent or police are asking, you should avoid signing anything. Do not admit fault even if you think the accident was your fault.

Even if it seems like there are no injuries, you may want to visit a doctor or hospital to be checked out. Some injuries can manifest later, and you do not want to end up paying for medical bills if you were not at fault in the accident.

This is for educational purposes and should not be interpreted as legal advice.

New Texting While Driving Law

Currently, texting while driving is only a secondary offense and police officers are not allowed to pull drivers over solely for that issue. On July 1st, that is set to change if Governor Ron DeSantis signs a new bill to make texting while driving a primary offense. If an officer sees you texting while your vehicle is in motion they can ticket you which will add three points to your driver’s license, and require you to pay fines and court fees. You can talk on your phone using hands-free devices, and you can operate your phone while the vehicle is stationary.

Forty-three other states make texting while driving a primary offense, and advocates of the new law say it will make our roadways safer. If signed by Governor DeSantis, the law will include a grace period in which police will issue warnings through the end of the year while the state conducts an education campaign.

Love of Literacy Event

Congratulations to Michelle Servos and the Literacy Services of Indian River County on a successful fundraising event last night! Tuttle Larsen, P.A. is proud to sponsor and support such a wonderful organization!

Florida’s Threshold Injury Requirement

As discussed in our uninsured/underinsured motorist blog post, when you are injured in an automobile accident you first look to your $10,000 of no-fault Personal Injury Protection Coverage under your auto insurance policy for payment of your medical bills and lost wages. This coverage can be exhausted quickly with an emergency room visit, subsequent treatment, or lost wages.

Next you look to the at-fault party’s insurance to see if they have a coverage called bodily injury liability. In order to make a claim against that coverage and recover damages for pain and suffering, an injured party must show they have suffered a: (a) significant and permanent loss of an important bodily function, (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, (c) significant and permanent scarring or disfigurement, or (d) death. Florida Statute §627.737(2).

To support a claim for pain and suffering we often present a written report from the injured party’s treating physician regarding the party’s medical condition and prognosis. Insurance companies trivialize and minimize these claims and often suggest the injured party is exaggerating. The attorneys at Tuttle Larsen, P.A. anticipate these arguments and know how to best present an injured party’s case. If you have been injured in an accident call us at [nap_phone id=”LOCAL-CT-NUMBER-1″] for your free consultation.