Can You Sue If You Fall in a Parking Lot?

Accidents and other injuries can occur anywhere, but there are specific hazards and legal issues relating to parking lot injuries that can mean you’re eligible for compensation if you get hurt. The incident might involve a simple trip or slip, but you can also seek compensation if you’re injured in an assault.

Duty of Care

The entity that owns or operates the parking lot typically has a duty of care towards those who use it, as long as they are doing so safely and legally. If a person is trespassing, behaving in an unsafe manner, or in the process of committing a crime when they’re injured, there may still be some duty of care, but this is significantly reduced.

Generally speaking, the entity responsible for the parking lot must keep it properly maintained. This includes ensuring that surfaces are level, hazards are marked or removed, and illumination is sufficient. In some cases, providing security might fall under the duty of care.

Slip, Trip, or Falling Injuries

Slipping or tripping is a very common cause of injury. Sometimes the injury is minor, such as a strain or sprain. Often, though, the results can be severe. Broken bones, lacerations, torn muscles, and head injuries are all possible. There is no fault involved in some cases — it’s merely bad luck on the part of the injured person. If the parking lot was poorly maintained or improperly lit, however, the entity responsible for the parking lot may be on the line to pay compensation.

Slip hazards include oil, water, or other slippery fluids. If there’s a leaking pipe or drain, for instance, and someone slips in the resulting pools of water, this might be grounds for a lawsuit.

Potholes, broken concrete, and cracked or crumbling surfaces are all examples of trip hazards that might give grounds for a lawsuit. If items that could cause someone to trip or suffer some other injury are left out in the parking lot, this could also be the basis for a compensation claim. Trailing hoses or cables are other examples of trip hazards.

Steps and uneven ground need to be clearly marked to avoid trips and falls. If the person or company responsible for the parking lot fails to do this, they might be liable for compensation if someone is injured.

Illumination

Because hazards are harder to spot in the dark, there may be a responsibility to provide proper illumination during dark hours. Assaults and robberies are also more common in poorly lit locations, as are accidents involving pedestrians. This means that you might have a case if you fall or are assaulted in a darkened parking lot, even if no other hazards are present.

Problems

One problem with injuries in parking lots is that there may be a lack of witnesses or evidence. This can make pursuing a claim for damages complicated. If witnesses are present, things are more manageable. You may also be able to use security footage of the parking lot to help support your claim.

You might also encounter problems in identifying the entity that is responsible for the parking lot. Sometimes this will be the company or individual who directly owns the lot. It might also be the business that the lot serves or someone else who rents the lot.

Personal injury lawsuits can be very complicated, especially if several different factors are in play. It’s important to seek representation from an experienced and knowledgeable personal injury attorney. Contact the Graves Thomas Rotunda Injury Law Group today for a consultation.

Vero Beach Car Accidents Involving Out-of-Town, Visiting Drivers

A car accident injury  (or worse, a fatal car accident) can be a life-changing experience. It’s not just the victim who is affected, but their dependents and loved ones. Suppose you have an accident in Vero Beach involving an out-of-state driver. In that case, you’ll need expert help and support from an experienced personal injury attorney who is familiar with the complexities of Florida’s laws.

Accidents with Out-of-State Drivers

Sometimes a Vero Beach car accident involves a driver from another state, such as a tourist or business traveler. Some victims fear that if the other driver has an out of state driver’s license, they may struggle to obtain compensation.  Florida state laws mean that accidents occurring on the Sunshine State’s roads fall under Florida’s jurisdiction. It doesn’t matter whether the driver is from another state.

There’s also a “Long Arm” statute, meaning that out-of-state drivers involved in Florida road traffic accidents can be recalled to Florida for court appearances. By choosing to drive on roads in the state of Florida, the driver consents to abide by the state’s laws and is subject to the “Long Arm” statute. This means that someone who gets into a traffic accident in Florida is obliged to appear in court if they are sued over their involvement in a road traffic accident.

Comparative Fault

Different states have different approaches when it comes to determining fault and deicing on compensation. Florida is what is termed a “pure comparative fault” state. In a pure comparative fault state, compensation is determined based on each party’s degree of fault. This means that if more than one person is found to have contributed to causing the accident, all those responsible may be held liable. For example: if Driver A is distracted by their phone and is struck by Driver B, who has ignored a traffic signal, both drivers may be held liable for the resulting accident.

Accidents Occurring Outside of Florida

If you’re a Florida resident who has been injured in a car accident while driving out of state, you will not fall under Florida’s jurisdiction. You will need to file any lawsuit you bring in the place that has jurisdiction in that instance. This might be the state, the county, or the city, depending on the circumstances. If you have an accident out of state, you’ll be bound by the state’s laws where the accident happened. You’ll need to find a lawyer with experience and knowledge of the laws relating to car accident injury in that state.

What to Do After a Road Traffic Accident

Regardless of where the accident took place, there are some steps you should always take following a car accident.

  • Don’t leave the scene. If it is safe to do so, remain with your vehicle until law enforcement arrives.
  • Notify law enforcement. This can be the highway trooper or local law enforcement.
  • Offer any assistance that you reasonably can to those involved.
  • Exchange information with the other party or parties involved. This includes insurance details, driver’s license information, etc.
  • Gather evidence. Take photographs, collect the names of any witnesses, etc.
  • Seek medical attention as soon as possible. You may feel all right after the accident, but some injuries don’t always manifest right away.
  • Do not admit fault. Even if you feel that you’re responsible for the accident, this is for the courts to determine. Admitting fault can prejudice a future court case and might mean that you don’t get the compensation you deserve.

If you do decide to move forward with a lawsuit, or if another driver sues you, you will need a skilled and experienced car accident attorney. Contact the Graves Thomas Injury Law Group today.

Dog Bite Lawsuits

Dog bite injuries can be very serious, even fatal. They can leave physical effects, including dog bite scars, and can also cause lasting psychological harm. Dog bite statistics in Florida are surprisingly high, with an average of two deaths per year caused by dog attacks. Even with a relatively minor injury, a dog bite infection is always a possibility. This can result in prolonged treatment periods and high medical costs.

If you or someone in your household is affected by a dog bite injury, you may be eligible for compensation. Obtaining a settlement for a dog bite incident can help you to move forward. To achieve the kind of outcome you deserve, you need a skilled and experienced dog bite attorney.

Dog Bite Injury Statistics

Children are at the highest risk of suffering a dog bite injury, with those under 14 representing the largest number of casualties. Boys are at a greater risk of dog bites than girls.

The most significant risk factor seems to be a lack of proper restraint for dogs, with unrestrained dogs accounting for approximately one-third of attacks. This includes dogs outside the owner’s property and dogs off their leash in a public space.

The majority of dog bites in Florida involve a bitten child by a familiar dog, either a family pet or one owned by a neighbor or friend.

Dog Bite Lawsuits: Receiving Compensation

Florida law allows you to seek compensation if you are affected by a dog bite injury. Unlike other states, where owners are only held liable if the dog has bitten someone before, Florida’s law applies strict liability in the case of dog bites. This means that if you’re attacked by a dog in a public space or on private property lawfully, the dog’s owner can be held liable.

You can also file a lawsuit against the dog’s owner on the grounds of negligence. To do this, you will have to prove that the dog’s owner had a “duty of care” that applied to the victim. This is an option in cases where strict liability doesn’t apply.

If the dog’s owner deliberately orchestrated or otherwise caused the attack, for example, by setting a dog on the victim, an intentional tort may be pursued. Intentional torts cover incidents when the dog bite was intentionally provoked by the owner or someone else in control of the dog. They are similar to cases involving assault and battery.

Reduced Liability

In most situations, you can hold the owner liable for an attack by their dog. There are some situations where liability may be reduced, however. These may include, but are not limited to:

  • Incidents where the victim was hurting the dog or provoked the attack in some way.
  • Dog bites occurring when the victim was on the property illegally, such as attacks on trespassers or burglars.
  • Attacks where the dog was protecting the owner, or another nearby person. There must be a reasonably perceived threat to the person the dog was protecting.

Every case is unique, and many factors can affect liability. Even if liability is reduced, you may still be eligible for compensation if the owner is found to be partly or mostly responsible. For example, if you as the victim were found to be 20 percent at fault, the owner would still be 80 percent at fault.

As you can see, dog bite lawsuits can be complicated and challenging to navigate. If you’re considering a claim for compensation relating to a dog bite incident, your first step should be to seek expert legal advice from a skilled and experienced personal injury attorney. Contact Graves Thomas Rotunda Injury Law Group today for an initial consultation.

Pool and Playground Accident Law

Pool and playground accidents injure and even kill large numbers of Americans every year, including children. Playground injury statistics make for sobering reading, as do the figures relating to swimming pool injuries. If you or one of your dependents has been harmed in a pool or playground accident, you may be eligible for compensation.

Conversely, if you’re responsible for a pool or a playground area, you may be held liable if someone else is injured on your property. You would then need a solid defense in court to ensure that any settlement is fair and you’re not held responsible for something that isn’t your fault.

The laws around pool and playground accidents are complicated. They can be very confusing and require superior legal support to avoid expensive mistakes. In Florida, the statute of limitations for pool injuries is four years. It’s essential to start your claim as soon as possible.

Pool Injuries

Even if nobody loses their life in a pool accident, the results can still be catastrophic. Near-drownings and other accidents can result in brain damage, concussions, spinal damage, and fractures. These conditions may leave the injured party with serious medical issues and disabilities, potentially requiring extensive care for the rest of the victim’s life.

Common causes of swimming pool and playground injuries:

  • Improper or poorly maintained fences, gates, and barriers
  • Inadequate supervision of children
  • Improper maintenance of playground equipment, pools, decks, etc.
  • Broken lights or insufficient illumination
  • Physical hazards like broken glass, etc.
  • Defective or improperly maintained drain or filter systems in pools
  • Improper chemical treatments in pool water
  • Inaccurate water level indicators
  • Electrocution

Pool Owner’s Liability

There are specific responsibilities that come with owning a pool. These depend on the type of entrant.

Invitee: A member of the general public who has been invited to use the pool. Invitees can be Public invites or Business invites. They can include people who have paid to access the pool.

Licensee: A Licensee is someone who’s been invited to enter the pool by the owner or someone else who is permitted to provide access. This category can include friends who use the pool while visiting.

Trespasser: A trespasser is someone who enters the pool precinct without permission. While trespassers do not merit the same high duty of care owed to Invitees and Licensees, a duty of care is still owed to child trespassers under the “Attractive Nuisance Doctrine.”

Attractive Nuisance Doctrine

Playgrounds and swimming pools on your property fall under the designation of “Attractive Nuisances.” They are appealing to children who don’t fully understand the dangers posed by unsupervised play equipment or open water. They can be drawn to trespass through their curiosity, and fall from play equipment or drown in the pool. The property owner is required by Florida pool laws to ensure “reasonably safe conditions” and provide warnings about any dangers. Florida’s Residential Swimming Pool Safety Act (RSPSA) provides several safety precautions. Pool owners are obliged to enact at least one of the items on the list.

If you’ve suffered a playground or swimming pool accident

Laws around swimming pools and playgrounds in Florida are very complicated. Navigating them effectively requires an attorney with specific knowledge, skills, and experience to tackle these complex cases. If you’ve been affected by a playground or pool accident, you deserve the proper levels of compensation. When you’re bringing a swimming pool injury lawsuit, a skilled attorney can help you to establish and pursue your case effectively. If you think you might need to get a playground injury lawsuit or a swimming pool injury lawsuit, contact Graves Thomas Rotunda today.

Accidents Involving a Delivery Truck

Delivery truck accidents are very different from ordinary road traffic accidents involving cars or smaller vehicles. The damage is often far worse, and the ensuing lawsuits are more complicated and harder to resolve. That’s why it’s so important to hire an experienced personal injury attorney. This will give you the best possible chance of receiving the compensation you deserve for your injuries, medical expenses, pain, suffering, and other damages. 

Every year, thousands of Americans are killed in accidents involving large delivery vehicles. Serious injuries, fatalities, grieving families, financial devastation — these are common in the wake of truck accidents. With the rise of online shopping and home deliveries, this number is only likely to increase. It’s more likely now for people to be injured or killed in an Amazon delivery truck accident, say, or a FedEx delivery truck accident. 

Many factors can cause a delivery truck accident. Speeding, distracted driving, driving while impaired by drugs, driver exhaustion — all of these can contribute to truck accidents. It’s important to get support from an experienced attorney, someone who can help guide you through the complexities of such an accident: determining who is at fault and effectively seeking compensation.

Who’s Liable in a Delivery Truck Accident? 

One of the crucial issues in a delivery truck accident case is determining who’s at fault. For your case to succeed, you’ll need to prove negligence on the part of the driver or other parties. 

In some cases, the delivery company may be liable for negligence. For instance, in a UPS delivery truck accident, UPS might theoretically be responsible. Sometimes, though, the delivery truck driver may be an independent contractor who might be held criminally liable for the crash.

In some cases, delivery companies may attempt to evade being sued by claiming that the driver was an independent contractor. Independent contractors, however, must satisfy certain specific conditions under the relevant employment and tax laws. If it can be proven that a company is paying employment taxes, then the driver can be shown to be an employee rather than a contractor.

Other parties may bear liability for a delivery truck accident. For example, if the accident is due to a cargo having been improperly loaded, the person or entity responsible for loading the cargo may be liable. If the accident is due to a defective truck part, the manufacturer can be sued. If the accident is due to a poorly maintained road or a faulty traffic signal, the authority responsible for their upkeep may be liable.

Comparative Fault in Delivery Truck Accidents 

Some people assume that if they were partly responsible for the accident, they wouldn’t be entitled to compensation. This is a misconception. In many states, including Florida, you may still be entitled to a percentage of compensation even if it’s determined that you’re partly at fault.

Delivery Truck Accident Settlements 

The amount you’re entitled to will depend on several factors. Your settlement may include:

Property and vehicle damage: It’s common for smaller vehicles involved in delivery truck accidents to be very severely damaged. In many cases, they will be written off entirely. You may receive compensation for your damaged or destroyed vehicle.

Medical expenses: Many victims of delivery truck accidents are left facing substantial medical bills. While there’s a lot of variation between cases, your settlement will generally be higher depending on your treatment’s cost and length.

Lost income: You may have to take a lot of time off work after an accident. Some people are rendered unable to work. 

Pain and suffering: You may be entitled to compensation for the pain and suffering caused by the accident. 

Other costs included in your settlement may consist of legal fees, expenses relating to ongoing care, and funeral expenses.

Because lawsuits relating to delivery truck accidents are so complicated, it’s important to get expert legal advice. At Graves Thomas Rotunda Injury Law Group, we have the expertise to bring you the compensation you deserve. 

Most Common Real Estate Scams – Real Estate Fraud

Real estate fraud comes in many forms. There are many ways for a scammer to separate you from your funds, from rental scams to title fraud. Once you’ve fallen for a real estate scam, it can be very difficult to get your money back. Prevention is far better than cure when it comes to real estate fraud. Read on to find out some of the most common tricks and how you can avoid falling for them.

Rental Scams

There are many types of rental scams out there. Typically, an individual or organization will claim to be renting a property they don’t own. They will ask for a “viewing fee” to look at the property, or want a big deposit up-front before you can move in. Once you’ve given them your money, you’ll discover that the property was never theirs to rent.

You can protect yourself by renting through reputable property companies.

Escrow Wire Fraud

This is one of the most common types of real estate fraud. It typically starts with a phone call, email, or text, ostensibly from an escrow or title company, often one that the target is already doing business with. These calls and messages originate with scammers. Targets are tricked into wiring money to the fake escrow company. The funds are then withdrawn and transferred to an offshore account, making it hard to recover your money even when you realize that you’ve been scammed.

Today’s fraudsters are very adept at setting up fake websites and phone numbers, so it looks as if you’re interacting with a real company. If you look closely at the email, URL, or phone number, it may be wrong — off by a digit or a letter. These differences can be hard to spot. Consult genuine documents to confirm contact details and access websites by carefully typing the URL into your browser. Before making any transfers, check with the escrow company to confirm any details.

Real Estate Investment Seminar Scams

Real estate investment can be an exciting opportunity. If you’re looking to expand your investment portfolio, you may have been tempted by seminars that promise to help you get started in real estate. These seminars, unfortunately, are often scams. Targets pay a large sum to attend — usually upwards of $1,000 dollars. These events don’t provide you with useful instruction. They are used to sell further training, which is even more expensive. Many people end up paying tens of thousands of dollars, far more than they’ll clear in future real estate transactions.

The best way to avoid this type of scam is to keep in mind this adage: if it seems too good to be true, it probably is. Take your time and don’t rush into anything. Ask to read the one-page disclosure document that they are legally obliged to provide. If it looks like a scam, you can report the company to the Federal Trade Commission.

Title Fraud

Deeds and titles can be forged or subjected to fraud in other ways. Someone may pose as a seller (grantor) or their representative, possibly working with an unscrupulous notary. Scammers may also obtain access to deeds by presenting themselves as a property owner or through theft.

You can protect yourself through title searches and title insurance. Verifying that the deed is valid is an integral part of any real estate transaction.

As domestic and commercial real estate scams become more common, more and more people fall victim to them. Your best hope of recovering your money is to enlist the services of an experienced real estate fraud attorney. At Graves Thomas Rotunda Injury Law Group, we have the experience and knowledge to help you recover your funds from real estate frauds and scammers. If you’ve been a victim of real estate fraud in Florida, contact us today.

Situations That Warrant a Wrongful Death Lawsuit Claim

A death in the family is always a tragedy. It can be so much worse if you know that the death was avoidable and that someone else was to blame. There is nothing that can truly compensate for the loss of a loved one. In the case of wrongful death, however, taking legal action may help provide closure and address some of the material consequences of your bereavement.

What is a wrongful death lawsuit?

A wrongful death lawsuit is a special kind of legal action. It is brought when somebody dies, and the death is the result of someone else’s negligence or because of an intentional act. Wrongful death settlements can help compensate for things like loss of income, the loss of the deceased person’s companionship, and costs relating to medical treatment and funeral expenses.

When is a wrongful death lawsuit applicable?

Although any death is a blow to the bereaved, not all deaths can be deemed “wrongful.” For a wrongful death claim to have merit, the victim would have to have been killed as a result of a wrongful action by the defendant. Here are some examples of situations where a wrongful death lawsuit might be brought:

Intentional killing

If a person dies as a result of murder or manslaughter, a wrongful death suit may be brought against the culprit. The wrongful death lawsuit is a civil action and independent of any criminal cases brought against the person responsible. For example, a person might be found not guilty of murder or manslaughter yet still be found liable for a wrongful death claim.

Vehicle accident fatalities involving negligence or dangerous driving

A person who causes death due to negligent or dangerous driving may be liable for a wrongful death claim if it can be proven that they caused the accident through their negligence.

Workplace negligence

An employer may be the subject of a wrongful death lawsuit if an employee (or someone visiting the workplace) is killed due to negligence. For example, if dangerous machinery isn’t properly maintained and guarded, and someone dies as a result, the courts may deem this a wrongful death.

Medical malpractice

Death as a result of medical malpractice, may be grounds for a wrongful death claim. If a doctor misdiagnoses a condition due to negligence or fails to administer a reasonable level of appropriate care, a death resulting from this may be deemed wrongful.

How can you prove a wrongful death case?

For a wrongful death lawsuit to be successful, the plaintiffs (usually the victim’s surviving family or their estate) need to meet a particular burden of proof. The plaintiffs must show that the defendant had a duty of care and that death resulted from a breach of this duty.

Wrongful death damages

The categories of losses that a survivor might be compensated for include:

  • Loss of the victim’s expected income
  • Loss of the services that the victim would have provided if they’d survived
  • Any inheritance lost because of the death
  • Pain and suffering experienced by the deceased before death, also known as the survival claim
  • Medical bills incurred before death as a result of the injury
  • Loss of the deceased’s love and companionship
  • Loss of the deceased’s care, guidance, and nurturing
  • Loss of consortium
  • Funeral and burial costs

How to proceed

Wrongful death lawsuits are very complicated and can be difficult to resolve. It’s important to seek advice from an experienced wrongful death attorney to ensure that you receive the damages you’re entitled. If you think you have a claim for wrongful death, contact Graves Thomas Rotunda Injury Law Group for expert legal advice in the Vero Beach area.

What to Do If Denied Social Security Disability

If you find yourself unable to work due to disability, applying for SSDI (Social Security Disability Insurance) can be the lifeline you need. SSID is awarded based on an assessment of your need, factoring in things like your income, assets, and level of disability. This means that some claims are rejected.

The refusal of your claim is not the final word, however. It is possible to appeal a rejection, and many appeals are successful. Your claim can be reconsidered and may be successful if you keep trying. Because social security disability benefits can be so important for maintaining your quality of life, it’s well worth fighting for them. Read on to find out what steps you can take to challenge the decision and claim the benefits you need.

Ask for a reconsideration

Your first step might be to file for reconsideration. When you receive your decision from the Social Security Administration (SSA), you will usually get an explanation of why you were refused SSDI. If you think this reason is wrong for any reason, you are entitled to file for reconsideration. The SSA must then review your case in its entirety as if it was a new application. If you were correct, your claim may be reinstated. A disability attorney can help you with this.

Request a hearing with an administrative law judge

Even if the reconsideration doesn’t go your way, you still have plenty of options. You can appeal again, requesting a hearing with an administrative law judge (ALJ). These hearings take place locally. The ALJ will review your application and question you about your situation. The judge will also speak to any medical experts and attending witnesses involved in your case. You’re entitled to representation during this process. During hearings, you should consider having a disability attorney present to support you.

Submit fresh medical evidence

If your medical condition has changed during the SSDI application process or you were appealing, you must inform the SSA. You can submit this new evidence separately or in conjunction with a request for reconsideration.

Providing information on medical changes is a requirement and can also help your application. New medical information and evidence can bolster your case, giving the evaluator additional cause to award you SSDI.

Obtain testimonials from your doctor(s)

Doctors’ evaluations are weighted very heavily by the SSA. Should your initial social security disability application be denied, additional information can help when you appeal. If you haven’t already done so, ask your doctor to fill in an RFC (residual functional capacity) form. If your condition has worsened, you can ask your doctor to submit a revised RFC form. Your doctor can also submit additional information to support your case, detailing your condition, and explaining why you should receive benefits.

Contact a Social Security Disability Attorney

Whether you’re applying for the first time or appealing an unfavorable decision, enlisting an experienced social security disability attorney is always a wise move. Disability attorneys know exactly what an SSA evaluator is looking for in a claim and can ensure that your case is adjudicated fairly. Disability attorneys are very well versed in the appeals process and can make this daunting endeavor much less painful. Disability attorneys are required to advise you for free until you win your appeal and begin to receive benefits. This means that the attorney is highly motivated to do everything they can to ensure that your appeal is successful.

If you’re thinking about appealing your SSDI decision, it’s a good idea to seek professional legal advice as soon as possible. Graves Thomas Rotunda Injury Law Group’s experienced, compassionate disability attorneys can help you receive the SSI disability benefits you deserve.

How Many Truck Accidents are Reported in Florida Each Year?

While road traffic accidents have tended to decrease year after year, the number of traffic fatalities in Florida remains regrettably high. In particular, Florida currently ranks third in the US for traffic fatalities when you look at accidents involving trucks. Injuries are unusually high, too.

It’s estimated that a person is hurt or killed in a truck accident every 16 minutes in the US. Every year, an average of 700 people die while driving or as passengers in trucks. In 2018 alone, over 40 people died in truck accidents in Florida. Over 1,250 others were severely injured, with hundreds incapacitated.

How many semi truck accidents per year occur in Florida? How many lift truck accidents are reported each year?  The number varies, but certain factors seem to remain consistent. The size of the vehicle is important. According to the Florida Department of Highway Safety’s Crash Report, six people died in 2018 after being in accidents involving light trucks of 10,000 lbs or less. Fifty-three people suffered incapacitating injuries, while 236 are less severely injured. In total, In the case of medium and heavy trucks (those over 10,000 lbs), the numbers are much, much higher. In 2018 there were 39 deaths, 129 people suffered incapacitating injuries, and 421 had less severe injuries. There are also several hundred people who may have been injured but whose medical status was not recorded.

What makes trucks more dangerous than other vehicles? Partly it’s their large size, which makes them slower to swerve or stop as well as producing worse injuries than a car or van. A semi truck might weigh over 30 times as much as a standard passenger car.

Does this mean that truck drivers are more careless or accident-prone than other drivers? No. While negligent or irresponsible driving on the part of truck drivers is to blame for some of these accidents, a large proportion of accidents involving trucks are the fault of other drivers who fail to respect the risks presented by these large vehicles.

Many drivers routinely drive too closely behind trucks, ignoring the stickers and notices reminding those behind them to stay back 50 feet. These mandatory warnings are there for a reason: in the event of an accident involving that truck, those 50 feet could mean the difference between a minor fender-bender and a life-altering or life-ending crash.

It’s especially important to be mindful of trucks when you’re driving in poor conditions. You should always remain aware of your surroundings, but when driving at night or in bad weather, your risk of an accident is elevated. There is a blind spot behind the trailer; you need to avoid this. Be alert to trucks that are changing lanes or driving more slowly than usual. If you must pass a truck, always avoid doing so on the passenger side.

Of course, if you’re a truck driver, you also need to stay alert and follow all the regulations governing safe driving. Don’t drive over the speed limit, even if under pressure to do so. Do not become distracted, and make sure you never disobey a road sign or sign and exercise caution while passing.

If you’re involved in a truck accident, the most important thing to do is avoid further harm. Get to safety and contact the emergency services. If you can, try to take photographs of the scene and make notes.

Once you’re out of danger and have received any medical attention you may need, you should contact an experienced truck accident lawyer. At Graves Thomas Rotunda Injury Law Group, we have the expertise in truck accident cases to give you the legal support you deserve. Call us to arrange a consultation.

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Injury Law Covid-19 and Medical Malpractice – Cases and Issues

Medical malpractice is always a complex area of injury law, never more so when dealing with treating an emerging disease like COVID-19. People who have lost loved ones or suffered long-term health damage due to COVID-19 may be considering legal options,

including bringing a malpractice suit against the medical professionals involved in their diagnosis and treatment. Read on if you’re wondering, “do I have a case for medical malpractice after COVID-19?”

When little is known about an infection, diagnosing the condition and administering the appropriate treatment may be very difficult. Cases may have unfavorable outcomes that, with hindsight, could have been prevented. Yet, these may not rise to the level of malpractice if medical professionals acted in accordance with the best available information at the time. Even so, it is still possible to commit malpractice if proper procedures aren’t followed. If a medical professional harms a COVID-19 patient through inaction or the administration of inappropriate drugs or procedures, the case may rise to the level of malpractice.

It can take many years for an infection to be thoroughly studied and proper treatment to be discovered and evaluated. When the condition isn’t properly understood, there are likely to be many interventions that seemed reasonable at the time but which turn out to be ineffective and even dangerous. A drug that shows promise initially may be found to be ineffective or to come with side-effects that rule it out in some cases. A procedure that would be routine in superficially similar cases may turn out to be counterproductive when used to address the new disease. People may be harmed by these interventions or may have a slower recovery than they would have if different interventions had been used.

In some cases, the disease may not be diagnosed in time, and the patient may suffer as a result. Even so, these situations needn’t be malpractice. A doctor or other medical expert may follow every recommended procedure and still not treat their patient successfully.

Another potential issue is the lack of resources. A medical professional’s preferred course of action may not be possible if the medication or equipment required isn’t available. If a patient needs oxygen and there is none available because it’s being used on other patients, the medical professionals may be forced to make difficult decisions about who should receive treatment. In this case, some patients may not receive the ideal spectrum of interventions — yet this may not meet medical malpractice requirements.

Preventing the spread of COVID-19 is everyone’s responsibility, yet medical professionals have a particular duty to avoid the transmission of viruses and other infectious agents. If a professional neglects to take all reasonable precautions against allowing a patient to be infected with COVID-19, it might theoretically be possible to build a case for malpractice if the negligence is especially egregious.

In the case of COVID-19, the situation is further complicated by measures designed to protect overburdened carers and medical facilities from lawsuits. Some states have now put laws in place that indemnify doctors and other care providers against legal action arising from COVID-19 cases. Florida may also introduce similar restrictions. In most states and districts, there is a proviso that excludes serious negligence or misconduct. In New York, for instance, treatment decisions must have been made “in good faith” for the practitioner to be protected. In Kentucky, medical professionals are only protected if they can show that their actions were “prudent and reasonable.” If Florida does bring in similar laws, they’ll likely be limited in the same way.

While the standards for malpractice may be higher in cases involving COVID-19, it may be more challenging to bring a malpractice case. You’ll need an expert medical malpractice lawyer to help navigate this complex situation.