My Website

Author: Dumas Sanclemente Law PLLC

  • Brain injuries may be culprit for rise in younger veteran deaths

    Many veterans sustain injuries in combat, and this includes brain injuries. Sadly, these injuries may be why more Florida veterans are dying young.

    Study on veterans and brain injuries

    A study involving veterans with a history of traumatic brain injury (TBI) appeared in “JAMA Network Open” in February 2022. It showed that those who served since 9/11 have been dying younger compared with veterans who served the country earlier.

    Factors in veteran deaths

    The researchers found that many veterans since 9/11 have died before the age of 45, which is in vast contrast with those who served in wars during the 20th century. However, many of these service members were affected by other conditions or situations in addition to TBI.

    Veterans between the ages of 18 and 44 were closely researched. The research team learned that more than in 3,800 veteran deaths accidents or suicide were among the main factors. The veterans studied had moderate to severe TBI, which was also found to increase the risk of death. Some of the veterans also suffered from heart disease and cancer. Others were victims of homicide.

    The study showed that there was a higher risk of heart disease among veterans with TBI. Those with moderate to severe TBI were also found to have a higher risk of suicide compared with people who have not served in the military. However, it was also found that veterans suffering from TBI were three times more likely to be murdered compared to the average person.

    The president and CEO of the Brain and Behavior Research Foundation in New York, who was not involved in the study, stressed the importance of veterans seeking help for their illnesses.

  • Common causes of slip and fall accidents in the workplace

    Employees of Florida businesses expect their workplaces to be safe. However, slips, trips and falls are common accidents at work. These are the main causes of such incidents.

    Wet floors

    Workplace floors could be wet for a number of reasons. It could be due to mopping, spills or rain from outdoors when someone walks in and their shoes and umbrellas are wet. In some cases, there may even be a leak coming from the ceiling causing the wet surface.

    Slippery floors

    If floors were recently polished, it could cause a serious hazard for a slip, trip and fall accident among anyone in the workplace. Depending on the soles of workers’ shoes, some people may be safe and have better traction, but others might have a problem and could fall and suffer injury.

    Loose mats or frayed carpeting

    If floor mats are loose, they can cause problems when workers walk over them. The same thing can happen if rugs or carpeting is frayed. A person can slip or trip and become injured.

    Poor lighting

    When the lighting is poor, it makes it harder for employees to see, which can result in an accident and injuries. Poor lighting conditions should immediately be reported to supervisors so that the situation can be handled.

    Obstacles

    Any kind of obstacles left cluttered on the floor can cause a slip, trip and fall hazard if someone doesn’t notice it. However, even when items are left out in the open where everyone can plainly see them, a person could still trip and fall. Whether the obstacles include tools, office equipment or anything else, they should be placed in an area where nobody can have an accident.

  • Timeline for resolving truck accident claims in Florida

    The vehicular damages and physical injuries resulting from truck accidents are often much more extensive than those for smaller cars. With the trauma it carries, one can only hope for the process of resolving the truck accident claim to be as seamless and stress-free as possible. The good news is that the state of Florida has a favorable process for handling truck accident claims. The unwelcome news, however, is that the timeline for resolving such claims can still take weeks or even months, depending on your circumstances.

    Insurance claims

    Florida Statute 627.4265 requires all drivers to have insurance coverage, regardless of whether they own the vehicle or not. The timeline for insurance claims for motor vehicle accidents will depend on the insurance company you are with. Some companies may take weeks or even months to process your claim. But after agreeing on the settlement, the law dictates that the insurance company must pay within 20 days.

    Tort claims

    If you were injured in an accident caused by another driver’s negligence, you might be able to file a personal injury lawsuit against them. This type of claim is known as a tort claim.

    The amount of time it will take to resolve a tort claim will depend on several factors, such as the severity of your injuries and the cooperation of the other driver. If you are able to reach an agreement with the other driver, your case could be resolved relatively quickly. However, if you are unable to reach an agreement, your case may need to go to trial, which could take months or even years to resolve.

    The possible compensation you could receive from a tort claim includes medical expenses, lost wages, pain and suffering and property damage. However, this amount would be affected by your level of contribution to the accident. Compensation for truck insurance claims, on the other hand, will significantly depend on the premiums you pay, but the standard insurance policies in Florida typically have limits of $25,000 to $50,000 for bodily injury and $25,000 for property damage.

  • How car accidents compare to motorcycle accidents in Florida

    Regardless of the kind of vehicle you are driving in Florida, getting into an accident is both dangerous and regrettable. There could be injuries and property damage, not to mention the emotional stress that comes with being involved in a collision. However, there are some key things you should know to protect yourself and your loved ones better when it comes to car or motorcycle accidents.

    Common causes: Car vs. motorcycle accident

    Cars and motorcycles have some similar causes of accidents: distracted driving, speeding, intoxication and following too closely. However, there are also unique risks that come with driving each type of vehicle. For example, motorcycles have a higher chance of being hit by another car because they are much smaller and harder to see on the road. They are also more likely to be involved in single-vehicle accidents because of their instability.

    On the other hand, cars are more likely to be involved in accidents with multiple vehicles. This is because they are much larger and can cause more damage if they collide with another car. They are also more likely to roll over, which can be incredibly dangerous for the driver and passengers.

    Fatality rates

    Motorcycle accidents have a higher fatality rate than car accidents. A report by the Insurance Information Institute showed that, per 100,000 registered motorcycles, there were 59.34 deaths. This number is nearly six times higher than the fatality rate for cars, which was 10.05 per 100,000 registered vehicles.

    Of course, the best way to protect yourself on the road is to drive safely and defensively. This means being aware of your surroundings at all times, obeying the speed limit and not driving under the influence of drugs or alcohol. However, even if you are a safe driver, there is always the possibility that another driver will make a mistake and cause an accident. If this happens, you have the option of filing a personal injury claim to help cover the cost of your medical bills and other damages.

  • How is fault proven in slip and fall cases?

    Anyone in Florida can suffer injuries from a slip and fall accident. In that situation, if you file a personal injury claim, you must know how to prove fault.

    Determining fault in slip and fall cases

    Negligence on the part of a property owner is the focal point of slip and fall cases. Although these incidents occur all the time, it must be determined that the property owner is at fault when an accident and injuries occur.

    For a property owner to be found at fault for a person’s slip and fall accident and subsequent injuries, there must have been a dangerous condition on the property that was known or that reasonably should have been known to the owner. Examples of such conditions include broken floorboards or steps, missing handrails on stairways, worn carpeting or floors overly slick from spills or even floor polish.

    The owner must have not only known about the dangerous condition but failed to take action to correct it. They should have also known that a reasonable person responsible for the property would have corrected the issue.

    Types of evidence for slip and fall cases

    Certain types of evidence can be used for slip and fall claims to show that the property owner was negligent and failed to ensure that common walking areas were safe. The injured person’s medical records are one of the most basic as they show the extent of their personal injury and how it was sustained. If there were witnesses who saw the slip and fall occur, they could serve as strong evidence.

    Camera footage showing the area where the accident occurred is valuable evidence as well. Photos can also depict the dangerous situation at the site of the slip and fall.

    Injuries from a slip and fall accident can be serious. Establishing fault in your case can give some peace of mind.

  • Statistics on brain injuries

    Brain injuries are challenging to manage for Florida families. There is a great deal of care and expense required. Brain injuries frequently occur because of motor vehicle accidents, sports injuries, slips and falls, and other incidents. Studies support how brain injuries affect the person and the world around them.

    Brain injury symptoms manifest in many ways. The more acute signs are vomiting, dizziness and slurred speech. Symptoms of brain injuries can be subtle and might not show immediately. It might take a series of events before a brain injury is recognized.

    Brain injury statistics

    Millions of people live with brain injuries each day. Men in the United States are likelier to incur a brain injury than women. Statistically, a brain injury occurs every nine seconds, and most are from falls from the bed, stairs, or in the bathtub. Slip and falls occur especially during inclement weather. Those most at risk for brain injuries are people 15-24 years old, but children under five years and elders over 75 years are also at significant risk.

    Emergency departments across the country treat over 280,000 Americans for acute brain injuries. Fifty thousand people perish annually from these injuries. More than 5 million people in this country live with a disability from a brain injury.

    Brain injury impacts

    Brain injuries impact educators who teach special needs children and adults. These teachers are charged with producing a workforce for future generations.

    People with brain injury disabilities value their independence. Early education and training allow persons with brain injuries to work in many professions and live independently.

    Attorneys, government agencies, and family and friends advocate for persons with brain injuries. These entities ensure that the injured party is treated fairly and sometimes compensated for their injuries. Supplies such as housing, food, clothing and income are secured through federal and private funding sources.

  • Can Minor Car Accidents Cause Injuries?

    How Many Car Accident Can Cause Big Problems

    When we think of a serious car accident, most people think of high-speed collisions, trucking wrecks, and rollovers. Most people do not think of fender benders, rear end collisions, or sideswipes. This is why after a minor collision the participants may decide to not call the police or not get medically evaluated. Other individuals may believe that a minor pain or ache at the scene of a car accident is nothing more than a temporary inconvenience. While this is sometimes true, our Tampa Bay car accident lawyers at Dumas & Sanclemente know this is not always the case.

    Yes, minor car accidents can cause very serious personal injuries. Sometimes these injuries are not immediately obvious and can take days, weeks, or months to manifest themselves. Unfortunately, victims who have not taken the crash seriously may have a difficult road to both recovery and a successful claim under Florida law.

    Common Examples of Minor Car Accidents in Florida

    There are many ways that a minor car accident could be caused by the reckless or careless actions of another driver. Sometimes the inconvenience is just a dent or abrasion of a vehicle panel, while other times it is a temporary headache. But there are instances where even a minor, low-impact collision could cause big problems for victims.

    Some of the most common examples of minor crashes that could cause big injuries to include the following:

    • Sideswipe accidentsthat ricochet off and do not cause a direct impact, but still a violent rocking movement
    • Rear end collisionsthat cause a person’s head to whip back-and-forth violently causing whiplash or even a more serious traumatic brain injury known as a coup-contrecoup injury
    • Parking lot accidentstypically result in one vehicle’s momentum being struck by a vehicle going in another direction
    • Striking a pedestrianeven at a low speed could break bones and propel a victim into the pavement
    • Backing out crashes when another vehicle is backed into and a victim is not expecting the collision or bracing for impact
    • T-bone collisionsare always dangerous even at a low speed because the heavy front end (engine block) of one vehicle is colliding into the thin side panel of another vehicle
    • Motorcycle taps or bicyclist tapscould also be devastating because even a minor tap could launch a rider off a bike and into the pavement, and
    • Other types of collisions could appear minor but cause disabling injuries.

    Common Injuries in Minor Collisions

    Our Tampa Bay car accident lawyers know that even minor collisions could result in serious injuries. The two most common injuries in minor collisions could all result in debilitating surgery and permanent disability or range of motion restrictions. These three injuries include the following:

    Brachial Plexus Injuries

    The brachial plexus is a complex network of nerves that originates from your cervical spine (neck vertebrae) and extends to your shoulder girdle then down to your fingertips. These nerves can be injured in even a minor collision because of the way a seatbelt can pull and yank at the shoulder girdle. This could cause nerves in the neck or below the shoulder to stretch and even tear. As a result, victims could lose sensation or motor function either temporarily or permanently. This decrease could be minor, moderate, severe, or a complete loss of sensation or function.

    Whiplash Injuries

    A violent back-and-forth motion of the head and neck is called whiplash. This is a type of soft tissue injury that can cause damage to the nerves, muscles, tendons, ligaments, and other tissues around the spinal column and at the base of the head. Some injuries can cause impingement on nerves that result in excruciating pain in the neck or back.

    Other types of whiplash injuries can actually occur inside the skull when the brain violently slides forwards and backward. This is because the brain is suspended in cerebral spinal fluid to cushion a powerful impact, but it can also cause the brain to move and strike the inside of the hard skull causing damage. This type of injury is known as a coup-contrecoup brain injury and can be very dangerous because it could increase intracranial pressure that could result in a permanent brain injury.

    Injuries to Children in Minor Collisions

    Even if you believed that a collision was minor, if you have children in the vehicle it could be another story for them. Even low-speed or low-impact collisions could be significantly more devastating for children. Although their bones are generally considered more flexible than adults, children are susceptible to soft tissue or nerve injuries like brachial plexus injuries. Children could also have damage to growth plates or other parts of their body that rattle around during a collision which could result in significant, long-term damages.

    Injured in a Minor Collision in Tampa Bay? We Can Help

    There is no such thing as a minor collision when a person is physically injured. But insurance adjusters will do everything in their power to further minimize the force of the collision to undervalue your damages claim. At Dumas & Sanclemente, we will not let that happen. Learn how our Tampa Bay car accident lawyers can fight back to protect your rights under Florida law by dialing [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] to schedule your FREE case review. You could also use our message box at the bottom of our contact us page available here.

  • Where do most slip and fall accidents commonly take place?

    Life is full of surprises, some of which can be unpleasant. An example of this situation is a slip and fall accident. One minute you’re standing or walking, the next minute you’re on the ground and in considerable pain. Considering that, it’s good to know where many people slip and fall. If you want to avoid being the victim of a slip and fall accident in Florida, watch out for these areas.

    Wet walkways

    You don’t have to look far to see walkways leading up to homes and commercial properties. Unfortunately, not everyone keeps their walkways safe for visitors. It’s extremely easy for a wet walkway to cause many slip and falls. It’s also possible for loose concrete or other surface material to pose a danger to any passersby.

    Parking lots

    Chances are, you spend a considerable amount of time in parking lots each week. With that in mind, you might not realize that parking lots are potentially dangerous sites for slip and fall accidents. Automotive fluids, poured-out beverages and uneven concrete all contribute to people getting hurt in parking lots.

    Busy restaurants

    Restaurants are typically crowded places with workers handing out lots of food and beverages. Unfortunately, it only takes one spilled drink or knocked-over plate to cause someone to slip and fall. A freshly mopped restaurant floor can also cause many falls, especially if there’s no wet floor sign present.

    Slips and falls can happen anywhere. Fortunately, you can prevent these accidents by keeping a close eye on your surroundings. If you see a slippery surface, consider letting someone know who can take care of this potentially dangerous situation.

  • What to Do if I Get Hit by a Drunk Driver?

    Injured by a Drunk Driver in Florida? Here is What You Need to Do to Protect Your Claim

    Drunk driving is one of the most avoidable types of motor vehicle accidents in the United States, if not the world. However, our Tampa Bay car accident lawyers know that drunk driving is still one of the most common causes of car accidents. According to the National Highway Traffic Safety Administration (NHTSA), over 10,000 people die each year in the United States due to drunk drivers. Right here in the sunshine state, Florida Highway Safety and Motor Vehicles (FLHSMV) statistics reveal that approximately 7,700 people are injured each year due to drunk drivers. Of those injured, 378 victims tragically pass away and another 425 individuals are permanently incapacitated.

    Here at Dumas & Sanclemente, we have built our firm around representing victims who have been seriously injured in auto accidents due to the negligence of another driver. When it comes to drunk driving, there may be no more reckless, careless, or negligent way of causing serious personal injuries to innocent people. These injuries affect not just the victims, but the entire family. If you or a loved one were seriously injured in a drunk driving accident in Tampa Bay or anywhere else in Florida, ask us how we can help you today.

    Steps to Take After an Accident with a Drunk Driver

    There are certain steps that you need to take to both protect your claim, but also to protect yourself and others on the roadways. These steps can help ensure that you recover the maximum amount of compensation that you may be entitled to under Florida law, while also doing your part to keep our roads safe.

    Always Call Police, No Matter How Minor You Think the Crash Was

    If you are involved in a motor vehicle collision with a motorist who you suspect is intoxicated, always call the police. Even if it was a minor accident and you do not think anyone was hurt, still call the police.

    Not only is this creating a record of the accident to support your claim if injuries develop later, but drunk driving is illegal under Florida law and you would be summoning police to remove a dangerous driver who could potentially cause another accident after yours.

    Never Negotiate or Argue With a Drunk Driver

    If you suspect the other driver is intoxicated, do not try to reason with them. Just call the police and wait in your vehicle with the doors locked. Do not try to negotiate with an intoxicated driver who may try to “buy” your conscience to not call the police. Sometimes this is an effort to hide other illegal activities that could put you or others in jeopardy. This driver is already proven to be dangerous and could cause worse injuries to another person.

    This also means never argue with an intoxicated driver. In fact, once the police are summoned it may even make sense to just agree with the other driver to keep him or her calm and non-violent. Do not escalate the situation any more than it already is.

    Discreetly Take Photographs or Videos

    Not only should you take photographs or videos of the damage to your vehicle, traffic signs or markings, injuries, and other damage, but also try to discreetly take photographs or videos of the other driver that may be intoxicated. Having visual evidence of intoxication such as slurring words or falling over can support your claim. However, if this is agitating the other driver stop immediately or keep recording with the phone in your pocket only for audio. Above all, be safe.

    Get License Plate Information and Other Identifying Marks on the Vehicle

    Intoxicated individuals are prone to doing erratic things, and that may mean a drunk driver will try to flee the scene. Make sure to get the license plate and any other identifying marks of the vehicle and driver to track him or her down later when the police arrive.

    Get Evaluated at the Scene, and Get Transported if Recommended

    Never play hero at an accident. You may feel fine, but if first responders are recommending that you go to the hospital for treatment or further evaluation, then you should go. This could not only save your life, but also helps to create a record for your claim and document your injuries related to the crash. Make sure to be detailed and explain anything that hurts, even a minor backache, side pain, or a headache. These injuries could quickly become worse over the next few days and may even require surgical intervention in the future.

    Call an Experienced Tampa Bay Car Accident Lawyer 

    Here at Dumas & Sanclemente, we know that drunk drivers are a serious problem on our roadways. They threaten us and our families by making clearly negligent choices to drive. Even though driving while under the influence or ability impaired is illegal, far too many drivers still do it. The only thing worse than this is that insurance companies fiercely advocate to defend and protect these dangerous drivers.

    We think this is wrong. If you or your family were seriously injured due to a drunk driver in Tampa Bay or anywhere else in Florida, call us for a free consultation to learn how we can help protect your rights to compensation under the law. We will not stop until every drunk driver is held responsible for the damages they caused to innocent people. Learn how we can help you today by dialing (844) 400-2667 to schedule your FREE case evaluation or by using our convenient and easy-to-use message box at the bottom of our contact us page available here.

  • Nearly 10% of U.S. drunk driving deaths occur in Florida

    Drunk driving kills more than 10,000 people across the U.S. each year, according to the latest data from the National Highway Traffic Safety Administration. Nearly 10% of those fatalities occur in Florida.

    Annual drunk driving fatalities

    The NHTSA reports that a total of 10,511 people lost their lives in alcohol-related motor vehicle accidents in 2018. Texas was the state with the highest number of deaths, with 1,677, and California came in second, with 1,241. Florida was third, with 958 deaths. That number accounted for 31% of the state’s total car accident fatalities in 2018. It also accounted for just over 9% of the nation’s drunk driving deaths.

    Key drunk driving statistics

    Alcohol impairs a person’s judgment, reaction time and ability to drive safely. In Florida, drivers are considered legally drunk when their blood alcohol concentration level reaches .08 or higher.

    According to the NHTSA, drunk driving accidents:

    • Kill someone every 52 minutes in the U.S.
    • Killed more than 230 American children in 2018
    • Cost over $44 billion in deaths and damages per year
    • Are most common in the months of June, July and August
    • Are most commonly caused by young drivers, motorcyclists and drivers with prior DUI convictions
    • Are most likely to occur at night

    How to prevent drunk driving accidents

    Thanks to tougher drunk driving laws and ongoing public awareness campaigns, drunk driving fatalities have dropped by over 30% since 1985. However, there is still a lot of work to be done.

    Traffic safety experts say drivers should always arrange for a ride home or a place to stay overnight whenever they go out drinking. They also urge parents to educate teenage drivers about the consequences of drinking and driving.