Uncategorized

Slip and Fall in Nursing Homes

Category: Nursing Home Abuse |

The decision to put a loved one in a nursing home is a tough one. When your loved one is injured in a slip and fall at a nursing home, there can be serious injuries such as fractured hips, fractured arms, and even traumatic brain injury. A fall in a nursing home is one of the most common causes of injuries. Nursing Home Liability Just like any other property or business owner, a nursing home is liable for slip and falls on their property if they have failed to keep the property in a reasonably safe condition. Therefore, a nursing home can be liable for falls caused by conditions such as: Torn carpeting  Slippery floors Poorly lit staircases Uneven surfaces Loose floorboards Debris on the floor However, a nursing home is also a skilled medical facility and can be held responsible for failing to adequately guard and protect residents who are especially prone to falling due to a medical condition. Many residents are admitted to nursing homes for health conditions that can make them prone to falling such as hip injuries, vertigo, fatigue, cognitive difficulties, and other medical issues. When a resident falls in a nursing home, there are a number of different factors that must be taken into consideration.   Nursing homes are required to maintain certain standards in regard to patient safety and care. The reality is that these standards are not always followed and falls can result from nursing home neglect. Some negligent acts by nursing homes that can lead to a fall include: Lack of supervision Overmedication Undermedication Lack of handrails Inappropriate activities Unsecured facilities When an elderly person falls in a nursing home, the resulting complications can be more serious than if a younger person fell. Fractured bones are common in nursing home falls. Therefore, if a resident falls, it is also important that the nursing home facility gets them evaluated by a doctor as soon as possible. Contact a Trusted Personal Injury Attorney The issues involved in a nursing home fall can be complex, so it is important if your loved one has been injured to contact a trusted personal injury attorney. At Abrahamson & Uiterwyk, we have over 30 years of experience representing the injured. Consultations are free so contact us online or call us at 1-855-293-5630 to schedule an appointment.

Continue Reading

Intersection Accidents

Category: Car Accidents |

Intersections are one of the most dangerous areas of the road. When two roads come together, there is a high possibility of an accident occurring. According to the Federal Highway Administration (FHWA), more than 50% of the combined total of fatal and injury vehicle crashes occur at or near intersections. Types of Intersection Accidents Intersection accidents can occur in a number of different manners including: Rear end collisions—when a driver is following too closely and doesn’t stop at a red light or stop sign when the driver in front of them does, a serious rear-end collision can occur Side impact crashes—typically occur when one driver runs a red light and T-bones another vehicle Head-on Collisions—can occur when a driver turns in front of oncoming traffic with not enough time Side Swipes—when drivers fail to look out for motorcyclists and bicyclists before turning Multi-car Pileups—when multiple vehicles crash into each other setting off a chain reaction Causes of Intersection Accidents Determining the cause of an intersection accident is crucial in determining liability. Common causes of intersection accidents include: Distracted Driving—A driver who fails to keep their eyes on the road can also fail to see when a light turns red or when someone is turning in front of them at an intersection.  Aggressive Driving—following too closely, making erratic lane changes, and speeding to catch the light are all signs of aggressive driving and can all lead to an intersection accident. Reckless or Inexperienced Driving—misjudging the speed of another vehicle, or the gap between vehicles, turning with an obstructed view, failing to yield the right of way, falsely assuming the actions of another driver, and making an illegal driving maneuver can all lead to accidents at an intersection. If drivers keep their eyes on the road, pay attention to their surroundings, and obey traffic rules, they can dramatically decrease the likelihood of being injured in an intersection accident.  Contact a Trusted Car Accident Attorney If you’ve been seriously injured in an accident at an intersection, you need an experienced car accident attorney on your side. Contact the trusted attorneys at Abrahamson & Uiterwyk, and we’ll evaluate your case for free. Get in touch with us today online or call us at 1-855-293-5630 to schedule an appointment.

Continue Reading

Proving Your Pain and Suffering

Category: Accidents |

If you been injured due to someone’s negligence, besides dealing with medical bills and lost time from work, you are probably experiencing a significant amount of pain and suffering. While proving economic damages such as lost wages and medical expenses is fairly simple, placing a monetary value on someone’s pain and suffering can be more complicated.  Factors Used to Determine Pain and Suffering In determining pain and suffering, there are a number of factors that are taken into consideration, including: Severity of the injury The amount of physical pain caused by the injury and pain you might expect to experience in the future The limitations the injury has placed on your ability to participate in activities and whether these limitations are permanent or temporary The limitations the injury has placed on your ability to interact with your loved ones Any physical disfigurement or scarring that resulted from the injury Any mental disorders that resulted from the accident such as depression, anxiety or post-traumatic stress disorder Proof of Pain and Suffering There a number of different types of evidence that can be used to prove pain and suffering, including: Medical Records—medical documentation can help establish the severity of the injury and the pain it might be expected to cause. It can also provide information about any future pain and limitations an individual might have Victim Testimony—the testimony of the injury victim can be used to establish the pain they have sustained and how their life has changed since the injury. A victim’s statement should be detailed. Witness Testimony—the testimony and statements of friends and family can be used to establish how the victim has changed since the injury and how relationships have been affected Expert Witnesses—sometimes the testimony and statements of expert witnesses such as medical experts or accident reconstructionists can be used to establish the degree of pain and suffering Photos and Video—some injuries drastically change the way an individual lives their life and photographic, and video evidence can be used to demonstrate this. “Day in the life” videos can help establish what a victim suffers through now that they’ve been injured.   Contact a Trusted Attorney Proving pain and suffering can be a complex matter. That’s why it’s important if you’ve been injured in an accident to have an experienced attorney evaluate your case. At Abrahamson & Uiterwyk, we have over 30 years of experience helping injured Floridians. Consultations are always free so contact us today online or call us at 1-855-293-5630 to schedule an appointment.

Continue Reading

What Not to Do After a Car Accident

Category: Car Accidents |

While a car accident is a traumatic event, it is important to remember that the things you do following an accident can impact any claim you may have. Here are a few things you should remember not to do after an accident: Leave the Scene Regardless of whether the crash looks serious, you should always stop, check on the other person, exchange insurance information, and contact the police. Lose Your Cool You may be tempted to engage in an argument or yell at the other driver. It’s important to keep your cool and gather information. Fail to Call the Police You should always call the police after a crash. Police accident reports can be crucial in any car accident claim. It contains valuable information such as road conditions, names and contact information of any witnesses, and an official write-up of how the accident occurred. Admit Liability You should never admit any fault to anyone at the scene or an insurance adjuster. These statements can be used against you later. Fail to Gather Information at the Scene Before leaving the scene, you should gather as much information as possible. Take cellphone pictures of the vehicles involved, the scene including any street signs and any injuries. Take down the names and insurance information of all the people involved. Try to locate any witnesses and get their contact information. Fail to Get Medical Care Even if you feel like you have not been seriously injured, you should always seek medical attention after a car accident. You must seek medical treatment within 14 days of the accident to file a claim for PIP. Give a Recorded Statement to an Insurance Adjuster Insurance adjusters may try to get you to say something that can affect your ability to recover what you deserve. Accept an Unfair Settlement  Insurance companies will try to get you to settle your claim for as little as possible. It is risky to accept a settlement without consulting an experienced car accident attorney first. Delay in Calling an Experienced Personal Injury Lawyer It is important to contact an experienced car accident lawyer as soon as you can in the process. A lawyer can help you collect evidence and deal with the insurance companies for you.  The experienced car accident attorneys at Abrahamson & Uiterwyk are here to help. Schedule your free consultation today by contacting us online or calling us at 1-855-293-5630.

Continue Reading

How Long Will My Personal Injury Case Last?

Category: Accidents |

When you’ve been injured in a car accident or a slip and fall, your world has been turned upside down. You probably want to move on quickly from the experience and put it all behind you. But you also want to make sure that you get the best possible settlement to cover your damages. Every personal injury case is different, so the length of time it can take a case to conclude depends on the circumstances of your claim. Injuries and Medical Treatment The most important part of any personal injury claim is the type of medical treatment you receive. Making sure you get all of the medical treatment you need is essential to putting your life back on track. Once you have recovered from your injuries, or have reached as much of a recovery as possible, your doctor will have a better idea of how your injuries will affect your future. In some cases, you may have to see specialists or undergo surgery which can take time. If you settle prematurely, you may not receive all of the compensation you need to be treated properly.  Legal or Factual Issues Sometimes there may be legal or factual questions that require some investigation on the part of your attorney. For instance, if you’ve been in a truck accident, there may be an issue regarding whether poor truck maintenance was the cause of your injuries and whether the trucking company should be held liable. There also may be issues regarding how an accident occurred and who was at fault. These questions all involve investigations and collecting evidence and can take time depending on the circumstances. Amount of Money Involved Sometimes due to high medical bills and other expenses, there may be a large amount of money involved in your case. The negotiation process for large sums can take more time as the insurance company won’t part with the money easily. An experiencedattorney will pursue a fair amount for your circumstances.  Filing a Lawsuit While most cases settle without the need for a trial, there is still the possibility that an insurance company won’t settle and the case will have to go to trial. If a case goes to trial, it can take a year or more to complete.   Contact an Experienced Personal Injury Attorney  In order to seek the best settlement possible, it’s important to hire a personal injury attorney who is experienced and trusted. Contact the lawyers at Abrahamson & Uiterwyk, and we will evaluate your case for free. Schedule your free consultation today by contacting us online or calling us at 1-855-293-5630.

Continue Reading

Pinellas County Averages 77 Car Accidents Per Day

Category: Car Accidents |

According to a report put together by Forward Pinellas, a transportation advocacy group, Pinellas County averaged about 77 car accidents per day over the past 5 years. Traffic accidents are on an upward trend in the county. For 2017, the number was 83 crashes per day. Many of these accidents involve bicyclists and pedestrians. But what makes Pinellas County so prone to accidents? Types of Roadways Pinellas County has a high percentage of high volume and high-speed roadways. These roadways carry a large volume of the traffic in the County and are more prone to serious traffic accidents. Distracted Driving Distracted driving laws in Florida are fairly lax compared to the rest of the country. Texting and driving is currently not a primary offense, meaning that police officers can’t pull over a driver solely for texting. It can only be cited as a secondary offense if a driver is pulled over for something else like speeding or running a red light.  Increased Number of Drivers on the Roads According to data from the U.S. Census Bureau, 150 people move to the Tampa Bay area every day. This, coupled with the number of tourists that flock to the area, means more drivers on the road. More drivers on Pinellas County roadways means more accidents. In addition, much of the population is elderly meaning the drivers are more likely to have vision, hearing, or mobility issues and may be taking medications that could impair their driving ability.  Solutions Pinellas County is planning solutions that will hopefully keep the number of traffic accidents under control. These solutions include the building of overpasses, including the ones along US-19. The County also plans to add more bike lanes and crosswalks to increase bicyclist and pedestrian safety. Some of these crosswalks are planned mid-block and not necessarily at intersections only. Widening roads and working on major new corridors is also part of the County plan. Contact a Pinellas County Personal Injury Lawyer If you’ve been seriously injured in a car accident in Pinellas County, it’s important that you contact an experienced personal injury attorney as soon as possible. The attorneys at Abrahamson & Uiterwyk have over 30 years of experience helping people injured in car accidents. Schedule your free consultation today by contacting us online or calling us at 1-855-293-5630.

Continue Reading

Supporting a Loved One With a Traumatic Brain Injury

Category: Traumatic Brain Injury |

Every year there are about 2.8 million emergency department visits, hospitalizations, and deaths resulting from traumatic brain injury. Traumatic brain injuries affect not only the individuals but their families and communities. When your loved one has experienced a traumatic brain injury, it can be overwhelming. Your lives have been turned upside down, and you may want to offer support, but you don’t know how. Learn About the Injury Read as much as you can about traumatic brain injury, especially about the specific type your loved one suffers from. Knowing what they are going through and what to expect can be extremely helpful in providing support. Be Patient Traumatic brain injuries come in many different forms, and the results can be unpredictable. From changes in memory and movement to depression or personality changes, your loved one may experience a number of troubling side effects. They may appear different from day to day or hour to hour. It’s important to be as patient as possible and remember that your loved one is going through the worst time in their lives. They deserve your patience, love, and support without judgment and negativity. Keep them Organized Your loved one may have problems with memory and organization as a result of their injury. To be supportive you can offer to help them stay organized. Develop systems, such as calendars and lists, to help them remember things like appointments and even how to complete everyday tasks. Get Them Out of the House Don’t drag them out against their will but getting a loved one with a traumatic brain injury out of the house on occasion can help give them a new perspective. Keep in mind that they may be sensitive to light, sounds, or crowds so make sure that you find a place that is calm with a laid-back atmosphere. Listen It can be hard to anticipate the needs of someone with a traumatic brain injury, but it’s helpful to listen to them. Let them know that you want to help and listen for the things they ask for help with. Your loved one may be embarrassed or not want to appear needy, so it’s important just to show up for them with open arms. Get Help for Yourself A traumatic brain injury is hard on family members and caregivers as well. It’s important to find support groups whether they are online or in the community to help with healing and coping. Don’t forget to take time for yourself. The better rested you are, the more help you will be able to provide your loved one. Call an Experienced Traumatic Brain Injury Attorney If your loved one has sustained a traumatic brain injury as a result of someone’s negligence, it is important that you meet with a local personal injury attorney to explore your options. At Abrahamson & Uiterwyk, we have the experience to help you determine the next step. Contact our firm online or call us at 1-855-293-5630 to schedule a free consultation.

Continue Reading

5 Tips for Dealing with Insurance Companies After an Accident

Category: Accidents |

Insurance companies make their profits by providing protection to individuals if they are involved in an accident. However, they don’t make money paying out on accident claims. Paying out claims eats into the profits of insurance companies. If you’ve been involved in an accident, you can expect that your insurance company and the insurance company of the at-fault driver will do their best to pay out as little as possible. That’s why it’s important to take the right steps when dealing with these companies so that your interests are protected. Gather Evidence Being involved in an accident can be overwhelming, but it is important to try and keep a cool head and gather as much evidence as you can right after an accident. Take as many pictures of the scene and the vehicles involved as you can. Gather witness statements and information. All of this evidence will increase the likelihood of proving your claim. Keep Good Records Keep records of any accident-related transaction you make. Keep receipts of all medical expenses, doctor recommendations, repair estimates, a copy of the police report, and any other documentation that may be relevant to your claim. Handle Communications in a Timely Manner Whether you’re filing a claim against your own insurance company or the insurance company of the at-fault driver, it is always important to act promptly. For instance, PIP insurance requires that you seek medical treatment within 14 days of the accident. Hire a Personal Injury Attorney No matter how friendly an insurance adjuster may seem, they are not your side. In order to seek to maximize your settlement and pursue the compensation to which you are entitled, it is important to have a nearby personal injury attorney working for you.  An attorney can take care of the details and level the playing field between you and the insurance company. Having an attorney can help ensure that your interests are protected. Let the Experts Negotiate Some insurance companies may try to offer you a quick settlement to entice you not to hire a lawyer. If you let a personal injury lawyer handle the negotiations on your behalf, you have a better chance of receiving the maximum settlement. Leave the negotiations in the hands of someone who is more experienced so you can ensure that your claim is not denied or you receive inadequate compensation. Contact an Experienced Car Accident Attorney If you’ve been seriously injured in a car accident, it is crucial that you have an experienced vehicle attorney evaluate your case as soon as possible. The trusted attorneys at Abrahamson & Uiterwyk have over 30 years of experience and want to help you. Contact us online or call us at 1-855-293-5630 to set up your free consultation as soon as possible.

Continue Reading

What to do if You’re a Passenger in a Car Accident

Category: Car Accidents |

A car accident can be a frightening experience for everyone involved. If you were a passenger injured in a car accident, you might be especially confused about what comes next. If you were hurt in a car accident as a passenger, you have a right to seek compensation for your injuries. There are important steps you should take after the accident to protect yourself. Get Medical Treatment It is important that you get medical treatment as soon as possible after an accident. Even if you think that you have not been injured, you may have an injury that doesn’t present itself immediately. Therefore, it is better to err on the safe side and see a doctor. Get Insurance Information As a passenger, you want to make sure you get the insurance information of the car you were a passenger in, from the driver of the car you were a passenger in, and the drivers of any other cars involved in the accident. Also, make sure to get the report number for any police reports made as a result of the accident. File For PIP Benefits If you own a vehicle you can file a claim for personal injury protection (PIP) benefits against your own auto insurance. You must get medical treatment within 14 days of the accident in order to be eligible for PIP benefits.  If you don’t have car insurance, you may be covered by the PIP coverage of a relative you live with. Assuming you have no car insurance and do not live with a relative who does, you may be entitled to PIP benefits from the insurer insuring the car you were a passenger in. PIP covers 80% of your medical bills and 60% of lost wages.Depending on the policy limits  ($10,000.00 in most cases) the severity of your injuries, these benefits may not be enough to compensate you for all of your damages. In addition, you may be able to recover from your own or the driver’s uninsured or underinsured motorist (UM) coverage if they have it.   File a Claim Against the At-Fault Driver or Drivers If your injuries were serious and your damages were over the limit of a PIP policy, you may be able to file a claim against the at-fault driver. If it was a multi-car accident, there’s a possibility that more than one of the drivers is responsible for the accident. In that case, your damages would be split between the drivers in proportion to their degree of fault. Contact an Experienced Personal Injury Attorney If you or a loved one has been seriously injured as a passenger in a car accident, it’s important that you have an experienced personal injury attorney on your side. At Abrahamson & Uiterwyk, we’re here to help. Contact us online or call us at 1-855-293-5630 to set up your free consultation.

Continue Reading

Abrahamson & Uiterwyk Scholarship Announces 2015 Distracted Driving Essay Contest Winner

Category: Uncategorized |

Abrahamson & Uiterwyk, Florida personal injury attorneys, are proud to announce that Sona Patel, a student at the University of Michigan, is the 2015 recipient of a $1500 scholarship for her essay on Distracted Driving.     Ms. Patel is currently enrolled in the Ross BBA Program at the University of Michigan with a strong interest in finance and strategy. Her extracurricular activities include a Bollywood dance team, Michigan Manzil, being a member of the show committee for the Indian American Student Association as well as being an active member of Phi Gamma Nu, a co-ed professional business fraternity. Sona, along with nearly one hundred other applicants, were asked to write an essay on the topic of distracted driving. Our desire was to help students with their educational goals while also raising awareness about the important issue of distracted driving. Ms. Patel wrote a very compelling essay that met, and exceeded, all of the criteria listed including statistics, personal accounts and thoughtful suggestions encouraging young people to avoid distracted driving. All essays were judged based on originality, style, grammar, and accuracy. A link to the scholarship announcement and criteria can be found here. Here is Ms. Patel’s winning essay: “The music blares throughout the car as you drive home from school with your little brother. This is the usual routine, but your two best friends are also in the car. You all have plans to go out on this warm Friday night. Your friends talk excitedly about the party: what they plan on wearing, who they’re trying to impress, and what the latest gossip is. Your little brother rolls his eyes as he shuffles through the song list. You are on the freeway, going a steady 70 miles per hour on the rightmost lane. You hear your personalized text tone for the boy you’re crushing on. Your friends know who it is and they eagerly ask you to see what he said. You unlock your phone and check the message. He said, “Will I be seeing you tonight? J” You scream with joy, as do your friends. Your brother is even more annoyed. You think of the perfect reply, not too friendly and not too flirty. You begin writing out the text before you forget it. “Yes, I hope we can—“ BOOM.             You wake up in the hospital with your parents by your side. Your mom is crying hysterically. One of your friends that was in the car walks into the room, and you ask her what happened. She says, “You hit a car that was merging onto the freeway from the right side. The collision point was…it was at the passenger seat, where your brother was sitting…” She says no more. You ask if your other friend is okay. “She will be okay. She was injured pretty badly, but the doctors were able to save her. Your brother, though…I’m so sorry.” She leaves the room, crying.             This accident was caused by distracted driving, which has become a serious problem among young drivers. By taking your eyes off of the road for more than five seconds, and for taking one hand off of the steering wheel, you put everyone in the car at risk. Distracted driving is more than just texting, however. It is any activity that you perform while driving such that it takes your attention away from the road. There are three components to distracted driving: visual, manual, and cognitive. Visual distractions occur when your eyes are off of the road, manual distractions are when your hands are off of the wheel, and cognitive distractions take your mind off of driving1. Cell phones are certainly a leading cause of distracted driving; the U.S. Department of Transportation revealed that 14% of all fatal crashes involving distracted drivers were caused by cell phone use. Overall, 10% of fatal crashes were caused by distracted driving in 20132. That amounts to 2,910 car crashes in one year!             I have experienced a car accident involving distracted driving. About two years ago, my mom was driving me to tennis practice. An oncoming driver was turning left, and he was on his phone. He made the turn too soon, and my mom swerved, but we still hit the car. Luckily, everyone made it out uninjured. However, the collision point was at the front-right area of our car, and I was sitting in the passenger seat. If my mom hadn’t swerved out of the way, the car would have hit me.             This may sound dramatic, but I saw my life flash before my eyes. Driving never seemed dangerous to me until that day. It made me realize how easily one little mistake can change someone’s life forever, or take away someone’s life. If I had any advice for today’s young drivers, I would say that distracted driving is simply not worth the risk. The text messages can wait, the snapchats can wait, and you can spare ten minutes to eat before you start driving the car. If you need a GPS or if you need to talk to someone on the phone, buy a cell phone dock for your car. It can make all the difference. Accidents always seemed like something that happens to other people, just something that you hear about in the news, but it can happen to you. It can take as little as one stupid text message to take someone’s life away. Don’t be that person. Practice safe driving and encourage others to do so as well.”   Congratulations from all of us at Abrahamson & Uiterwyk and best of luck in your academic pursuits!    

Continue Reading