Friday, October 9, 2020

Common Motorcycle Accident Causing Road Hazards


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Florida Road Hazards and Motorcycle Accidents

Motorcycle accidents can occur very easily since they are very small vehicles. A major issue is how this small size affects motorcycle visibility and leads to other vehicles accidentally running into bikers. Another lesser-known issue that comes with the significantly smaller size of motorcycles is the vulnerability to road hazards that would generally not affect larger vehicles or affect them to a significantly lower extent. Motorcycles have much less weight and lack the stability that four wheels offer so there is a surprising amount of danger for motorcyclists on the roads aside from other drivers. 

Common Motorcycle Road Hazards

Rough Roadways

One of the simplest yet also most dangerous road hazards a motorcyclist can encounter is rough or poorly maintained roadways. There are many parts of the country where infrastructure is in dire need of maintenance meaning roadways with uneven surfaces, bumpy surfaces, cracks, as well as potholes. With a larger vehicle, these road conditions are definitely felt do not affect the stability of four wheels enough to be of serious concern. Motorcycles on the other hand can lose control when traveling on roads in these conditions and the chance of an accident occurring increases significantly. 


Roadways, especially those near construction sites can have gravel end up across their surface which can be a serious road hazard for motorcyclists. When a motorcycle’s tires ride over gravel they can lose traction with the road which can cause a bike to slide out. Gravel on turns and curves in the road is especially dangerous since motorcyclists shift their weight to turn which can exaggerate the effects of gravel on bike wheels. Riding across patches of gravel in the road should be undertaken carefully and at a steady speed. Motorcyclists should avoid hard braking, leaning, sharp turning, and accelerating when driving through this type of road hazard. 

Edge Breaks Between Lanes

An edge break between lanes is when one traffic lane is either a little higher or lower than where it meets the next lane. There are times where this road hazard is easily missable which can catch motorcyclists unaware and cause an accident. Edge breaks are not very dangerous at lower speeds but when a motorcyclist is traveling on a highway then the immediate shift in elevation between lanes can have a pronounced effect on the stability of a bike and increase the risk of a motorcycle accident occurring when a motorcyclist switches lanes.   

Slippery Surfaces

When the road is slippery then there is a chance that motorcycles can lose control and cause an accident because of the lack of wheel traction. Slippery roads do not always mean roads wet with water after bad weather but can also include roads wet with paint, oil, or other liquids that may happen to be spilled across the asphalt. 

Expansion Joints and Open Bridge Joints

An expansion joint is a piece of metal that connects two segments of the road together. A bridge joint is similar but instead joins parts of a bridge together. These joints are essential to road construction and our infrastructure yet they can be dangerous for motorcyclists. Expansion and bridge joints can create gaps in the road that can catch a motorcycle’s wheel if a rider is not careful about how they travel over them.

Strong Wind

Traveling at high speed on a motorcycle comes with the sensation of wind resistance pushing against you as you ride which feels similar to a strong wind. However, actual strong winds can be dangerous for motorcyclists since they can knock them off balance. Strong winds can often be encountered on roads at higher elevations. 

Road Debris

Much like with larger vehicles, road debris can be very dangerous for motorcyclists. Things like car accident debris, lost loads from trailers or truck beds, ruined tires, and even stray branches can cause motorcyclists to crash when they are run over or hit by a motorcycle. 

Standing Water

Unlike roads that are simply wet, standing water creates an even more dangerous driving condition. Standing water that is even only an inch deep significantly reduces the traction between a motorcycle’s tires and the road. Motorcycles and even larger vehicles that ride over parts of the road that are flooded and have standing water can hydroplane and crash

Railroad Crossings

Railway tracks may be just a slight bump for cars as they drive over them but motorcyclists can experience a more pronounced effect on their riding when they have to traverse this road hazard. Railroad tracks often will be built into a raised part of the road so that they do not jut and create as much of a bump when ridden over but there are occasions where this is not the case and there will be two rails that can create a pronounced obstacle for riders and catch a wheel if they are not careful when riding over them. 


Whether driving through the country or the city, there is a chance that a motorcyclist may encounter a wayward animal in the street. It could be a deer when driving through a wooded area or a runaway dog on a city street. They are still hazards that can either cause a motorcyclist to dangerously swerve out of the way or may be hit by the bike and cause the rider to crash. 

Seek an Experienced Clearwater Motorcycle Accident Attorney

Riding is a lifestyle, one that not every attorney understands. If you are suffering from severe injuries, including brain injuries, road rash, spinal injuries, or psychological injuries, as the result of a Florida motorcycle accident, it is important to contact a Florida personal injury attorney to discuss your case. You are entitled to compensation for your injuries, lost wages, and pain and suffering if another driver was negligent, and you should not be afraid to contact a personal injury attorney and explain to him what you are looking for. 

Most personal injury attorneys do not charge you anything out-of-pocket. Take advantage of your no-risk, free consultation with the Dolman Law Group, your premier personal injury and motorcycle lawyers in the greater Tampa Bay area. They are here to fight for your right to compensation, and they can advise you as to whether you have a claim for personal injuries under Florida law. Contact them today online or at (727) 451-6900.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

Friday, August 28, 2020

Can I File a Firefighting Foam Cancer Lawsuit?


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Who Can File a Firefighting Cancer Foam Lawsuit?

Firefighters across the country both civilian and military alike have developed cancer and other severe health issues as a result of exposure to toxic firefighting foam. The substance is more formally known as aqueous film-forming foam or AFFF and has been in use since the 1960s as a firefighting tool. Firefighting foam is utilized in cases where fires may be fueled by something that water is not effective at extinguishing such as jet fuel, oils, and certain chemicals. 

While AFFF has proven effective at fighting these fires, it also has been linked to an increased risk of cancer and the development of many other health issues. People like firefighters regularly exposed to this substance and have developed health issues have taken legal action to hold negligent AFFF manufacturing companies responsible for their actions. 

On What Grounds Are Firefighting Lawsuits Being Filed? 

Most of the people that have been affected by firefighting foam are firefighters that have been chronically exposed to AFFF. These firefighters typically will come into contact with firefighting foam not only when they are using it in an emergency situation to put out flames but also when they are training with it, transporting it, disposing of it, or handling equipment that has also been exposed to it. The carcinogenic chemicals that AFFF contains can be absorbed through the skin, ingested, and inhaled to negative effect.

Firefighting foam is a potentially dangerous chemical but firefighters come into contact with dangerous chemicals in their work all the time. Firefighters know their job comes with a high degree of risk and even knowingly utilize potentially dangerous equipment but they do so informed of the danger.

The basis of the lawsuits against many AFFF manufacturers is that they provided a dangerous chemical to civilian and military firefighters without disclosing how dangerous these chemicals can be. In fact, some companies went out of their way to actively conceal the carcinogenic effects of AFFF despite knowing that if they supplied it to firefighters, many of them would develop cancer while they made a profit. Suffice to say this prioritization of profit at the cost of giving people that selflessly put themselves in danger to save lives cancer is beyond morally bankrupt.

Product Liability Lawsuits and Firefighting Foam

Consumers have rights. People that purchase and use products from manufacturers, distributors, and designers are entitled to seek compensation from these companies when they negligently provide a product that injures said consumer due to some kind of defect. Product defects due to design, manufacturing, or labeling that harm consumers can be the grounds for which a consumer files a lawsuit against the maker of that product. In the case of firefighting foam, a product liability lawsuit would not be filed on the basis that the product was harmful.

Companies sell toxic chemicals all the time to consumers. You likely will have several chemicals in your home that can potentially cause cancer or even kill you. Instead, lawsuits against firefighting foam manufacturers like 3M, Chemours, and DuPont seek compensation for injuries caused by their products because they failed to properly label and inform their consumers of the potential health risks their product comes with. 

Who is Filing Firefighting Foam Lawsuits

Private individuals and even whole states like Michigan and New Jersey are now taking legal action against the companies that knowingly put their customers in danger of developing cancer by being exposed to dangerous AFFF chemicals so they could make a profit. Most of the people that are seeking compensation for cancer injuries caused by firefighting foam are firefighters that have had regular contact with the substance. 

Firefighters that have come into contact with firefighting foam and developed cancer can actually come from a number of different fire fighting backgrounds. There are the civilian firefighters that we are all familiar with but also many airport firefighting personnel have also been heavily affected by firefighting foam because it is a preferred tool for combating flames fueled by jet fuel. Military personnel in firefighting positions also are a heavily affected group since firefighting foam is commonly used in all branches of the American Armed Forces. 

Non-Firefighters Affected by AFFF

Even people that have no connection to firefighting may run the risk of being exposed to the dangerous effects of AFFF. Many personnel at military bases that may not be firefighters can come into contact with AFFF. What is especially disturbing is that the chemicals that make AFFF so dangerous have leached into the water supplies of many military sites and even civilian water sources endangering people that have nothing to do with firefighting as well. 

Diseases Connected to AFFF Exposure

Firefighting foams can cause severe health problems such as compromised immune systems, growth problems with children, fertility issues, as well as liver damage. The main issue caused by AFFF exposure is cancer which is thanks to toxic ingredients used in the foam known as per- and polyfluoroalkyl substances (PFAS). These synthetic chemicals have carcinogenic effects that increase the chance of developing the following cancers

  • Testicular Cancer

  • Kidney Cancer

  • Pancreatic Cancer

  • Prostate Cancer

  • Breast Cancer

  • Liver Cancer

  • Bladder Cancer

  • Lymphoma

  • Leukemia

If you have developed one of the aforementioned cancers or health issues and have worked as a firefighter or have been regularly exposed to firefighting foam then you may have the ability to file a lawsuit against the chemical companies that manufacture AFFF.

Seek an Experienced Florida Product Liability Attorney 

Dolman Law Group has been assisting those that have suffered at the hands of negligent companies for years by representing injured plaintiffs in product liability lawsuits. Do not hesitate to contact our Clearwater office about your case. We offer free consultations to those that have found themselves in this terrible situation. Our attorneys can assist you in building your case, calculating the damages you’ve suffered, negotiating settlements, and representing you at trial if need be. 

The lawyers of Dolman Law Group will walk you through every step of the process and maintain close communication with you in regard to your case’s progress. We provide the resources and experience of a larger law firm while also giving each case the personal touch and investment one would expect from a smaller firm.Call us for a free consultation today at (727) 451-6900 or fill out a contact form online.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

Thursday, August 6, 2020

Filing a Florida Sexual Abuse Lawsuit Versus Criminal Prosecution


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Difference Between Going to Civil Vs Criminal Court For Sexual Abuse

Sexual assault at the hands of once-trusted institutions such as the Catholic Church and the Boy Scouts of America has led to widespread pain and suffering not only in the state of Florida but the country as a whole. Many people have gathered the courage to come forward and speak up about how they survived sexual abuse at the hands of people associated with these institutions and helped others to confront traumatic memories of their own. As a result, the renewed interest in the controversy surrounding these organizations has led to a slew of lawsuits filed by those that were sexually abused and many criminal cases have been reopened as well. However, the difference between these two different legal actions can be confusing to some and they are not totally independent of each other. Filing a lawsuit over sexual abuse is very different from the criminal prosecution surrounding sexual assault and abuse but the results of one can have consequences for the other. 

What is Criminal Law and Civil Law?

Going to court can entail a number of different things depending on the nature of the laws a case is dealing with. There are laws and legal processes for a number of different fields all with different rules and regulations. This makes the specialized practice of law essential and so there are criminal attorneys, personal injury attorneys, tax attorneys, divorce attorneys, etc. that handle each of these respective fields of law. 

Criminal law is perhaps the most familiar form of law to most people due to exposure to it in many forms of media. It can be defined as a system of law concerned with the punishment of those who commit crimes. Civil law on the other hand is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Sexual abuse and assault are well-known crimes with no grey area when it comes to how terrible they are and criminal prosecution of these crimes is particularly aggressive because of this. 

Criminal Prosecution vs Civil Lawsuit

Criminal prosecution of sexual assault is primarily concerned with the punishment of those that break the law of the State and Federal government. So in the case of sexual assault, the punishment can result in a second-degree felony conviction, which is punishable by up to 15 years in prison and fines up to $10,000. It can also be charged as a capital or life felony with the possibility of life imprisonment and fines up to $15,000.

The end goal of a personal injury lawsuit, which falls under the category of civil law, is quite different. Civil lawsuits are not about punishment or dealing with the breaking of the law either. Punitive measures and breaking of the law do figure into these cases but not the goal. Instead, a personal injury lawsuit such as one dealing with sexual abuse of someone by the Catholic clergy is about settling a dispute between two parties and potentially recovering compensation for the wronged party. It is because of this that the procedure of these two kinds of cases is different.

Burden of Proof Differences Between Civil and Criminal Cases

For example, the burden of proof in a criminal prosecution is much higher than in a personal injury lawsuit. Someone that stands accused in a criminal trial needs to be proven guilty of their alleged crimes beyond all reasonable doubt which puts a great deal more pressure on the prosecution to deliver convincing evidence and testimony. In a personal injury case, the burden of proof is lowered to “the preponderance of the evidence” which means that if the evidence is presented to indicate that something more likely than not occurred then that is enough. The burden of proof is lower because there is less on the line. This means that even if an alleged sexual abuser was not convicted in a criminal trial a civil lawsuit with a lower burden of proof can still prove they are liable.

The State Handles Criminal Prosecution of Sexual Abuse

Criminal prosecution is the business of the state and when federal laws are broken then the federal government steps in. This is because the violation of state laws is seen as a collective offense against society of that state and therefore it is the government’s duty to take legal action to penalize lawbreakers. A personal injury lawsuit is a much more private dispute between two parties and is brought about by a plaintiff that believes a liable party owes them compensation for damages they suffered.

Third-Party Liability and Sexual Abuse Lawsuits

Since the point of a personal injury case is often to seek compensation for damages caused by a plaintiff’s injuries, the matter of who will be paying these damages is of great importance. In many cases, trying to seek compensation for sexual abuse-related damages from the abuser is not a viable strategy since the abuser may not have the financial means to pay and they may be in prison anyways due to criminal prosecution. Instead, many sexual abuse lawsuits will look to another liable party such as the Catholic church or the Boy Scouts of America to seek compensation from if their negligence somehow contributed towards sexual abuse occurring. 

Can You File a Civil Lawsuit During Sexual Abuse Criminal Prosecution?

It is possible to file a sexual abuse lawsuit at the same time that a criminal case is underway. Sometimes a civil lawsuit may wait until the criminal prosecution is finished but there are also many cases where it is in a plaintiff’s best interest to file their lawsuit sooner rather than later. As mentioned before, a criminal case with no conviction does not mean that a civil case cannot be successful. Criminal cases can also have resources that uncover evidence useful for your sexual abuse lawsuit and it is possible to use this evidence from a criminal case and even use a conviction as well. 

Seek an Experienced Florida Sexual Assault Attorney

If you or a loved one have suffered as a result of sexual assault and/or survived sexual trafficking then you are likely able to seek compensation for the damages you suffered through a civil lawsuit. Sexual assault and other similar crimes affect not just individuals but whole families and even entire communities. Dolman Law Group provides expert legal representation to those seeking to hold those that sexually assaulted accountable for their actions. 

By enlisting the legal assistance of Dolman Law Group’s experienced sexual assault attorneys, you are giving your case the best chance possible at recovering a settlement that you can be comfortable and satisfied with. Our lawyers have been serving the people of Florida for years by successfully securing settlements for sexual assault survivors from parties whose negligence allowed for such tragic experiences to occur. Dolman Law Group offers free consultations to those that are curious as to how we can assist in your sexual assault injury lawsuit. To contact Dolman Law Group you can either contact us online or call our office at (727) 451-6900.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

Monday, July 20, 2020

Florida Lawsuits Over Florida Boy Scout Abuse

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What Damages am I Entitled to Because of Boyscout Abuse?

Children regularly are put into the care of adults other than their parents with an expectation that those they are cared for by will make sure those children are kept safe. Regularly this duty of care is not only violated but those children are put into the care of commit serious crimes against those children. One of the most disturbing crimes that has become the center of the spotlight in recent years is the sexual abuse of children at the hands of daycares, the Catholic Church, and many youth groups. Most notably, the Boy Scouts of America has filed bankruptcy over the ongoing controversy surrounding reports of widespread sexual abuse of boy scouts at the hands of scout leaders and other boy scouts staff. 

Legal Action in Response to Boy Scouts Sexual Abuse

The widespread allegations of sexual abuse perpetrated by the staff of the Boy Scouts of America has resulted in a wave of litigation that not only seeks to hold the organization responsible for any negligent actions they may have taken that resulted in sexual abuse of children but also to compensate those that have been affected by alleged sexual abuse at the hands of boy scout leadership. 

Boy Scout Sexual abuse Lawsuit Statute of Limitations

Many lawsuits have been filed not only by the parents of children that have recently experienced sexual assault and abuse while participating in boy scouts but also many adults who have been living with the trauma of abuse at the hands of boy scout employees that occurred years ago. Many are concerned with whether or not they have a valid boy scout sexual abuse case because they experienced the abuse several years ago. 
Lawsuits have what are called statutes of limitations which are basically a deadline for when you can file a lawsuit or claim. In many cases ranging from medical malpractice to product liability, it can be four years from the occurrence of the event that injured the plaintiff before a case is no longer viable. In the case of sexual civil abuse cases the statute of limitations include:
  • 7 years after the victim reaches the age of majority, which is 18 years old in the state of Florida;
  • 4 years after the victim leaves the dependency of the abuser or 4 years from the time of the discovery of both the injury and the causal relationship between the injury and the abuse (whichever date is later between these two options); and
  • With sexual battery involving a minor under 16 years old, there is no statute of limitation

Children suffer immense trauma at the hands of sexual abusers and can not come forward to report their abuse for a number of reasons ranging from fear of retaliation to psychological issues developed as a result of their trauma. If you have suffered sexual abuse at the hands of anyone while you were a child you can still seek justice years later against those that harmed you as long as you do so before the deadline. 

Filing a Boy Scout Sexual Abuse Lawsuit

Filing a civil lawsuit or a claim over sexual abuse that was perpetrated by boy scout staff is not the same as criminal prosecution of the alleged sexual abuse perpetrated by said boy scout staff. Those that commit heinous crimes like sexual abuse of minors are typically prosecuted under criminal law with the aim of punishing them for their violation of the law and crimes. On the other hand, civil law deals with disputes between individuals. A civil lawsuit over boy scout abuse is not about punishing those that committed sexual abuse and penalizing them through the justice system. It instead seeks to hold liable parties whose negligence contributed towards this sexual abuse occurring accountable for their actions and compensation for damages suffered by those that were abused. 

Damages Caused by Boyscout Sexual Abuse

Those that have suffered at the hands of sexual abusers while participating in the Boy Scout’s of America’s activities and events are entitled to seek compensation for the damages that they have suffered as a result. 

Economic Damages

When someone is sexually abused they can develop severe trauma that can find ways of effecting them economically. Treatment of this trauma through counseling and the help of psychologists can be a cost part of the compensation one receives through a lawsuit. Sometimes those abused suffer more physical damage from their abuse and have treatment costs for injuries as well. The trauma caused by sexual abuse can also affect a person’s ability to seek work and their schooling as well in certain cases. 

Non-Economic Damages

Not all of the damage caused by sexual abuse directly affects a person’s tangible finances. Sexual abuse can cause significant pain and suffering. It also can lead to the development of many psychological disorders that reduce a person’s quality of life and damages relationships. 

Seek an Experienced Florida Sexual Assault Attorney

If you or a loved one have suffered as a result of sexual assault and/or survived sexual trafficking then you are likely able to seek compensation for the damages you suffered through a civil lawsuit. Sexual assault and other similar crimes affect not just individuals but whole families and even entire communities. Dolman Law Group provides expert legal representation to those seeking to hold those that sexually assaulted accountable for their actions. 
By enlisting the legal assistance of Dolman Law Group’s experienced sexual assault attorneys, you are giving your case the best chance possible at recovering a settlement that you can be comfortable and satisfied with. Our lawyers have been serving the people of Florida for years by successfully securing settlements for sexual assault survivors from parties whose negligence allowed for such tragic experiences to occur. Dolman Law Group offers free consultations to those that are curious as to how we can assist in your sexual assault injury lawsuit. To contact Dolman Law Group you can either contact us online or call our office at (727) 451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765

Wednesday, July 1, 2020

Florida Rollover Car Accidents

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Rollover Car Accident Injury Claims

There are a number of ways people can end up being involved in car accidents and there are a number of different forms a car accident can take. Some tend to be much more dangerous than others and have a propensity to inflict certain injuries. Catastrophic car accidents like rollover accidents typically cause severe injuries that disable car accident victims and leave them with significant damages that can affect them for the rest of their lives. 

What is a Rollover Accident?

A rollover accident is when a vehicle is propelled onto its side with enough force that it rolls over sometimes several times in cases where immense force is involved. Rollover accidents are particularly dangerous since the rolling of a vehicle has the potential to cause severe injuries to anyone inside. The effect is similar to putting an egg inside of a rotary clothes dryer. Rollover accidents can also cause severe injury when the occupants of a vehicle are thrown outside through a window or door and crushed by the rolling vehicle. The roof of a vehicle can also collapse ontop of car occupants and injure them that way as well. 
Rollovers can happen to pretty much any motor vehicle regardless of its size under the right circumstances. Larger vehicles and those with trailers are particularly susceptible along with cars with high centers of gravity like vans and SUVs. Rollover accidents are considered to be among the most severe accidents that cause the most damage second only to direct head-on collisions. Rollover accidents can occur due to the fault of another driver or can occur without any other drivers on the road. That is not to say that single-vehicle rollover accidents are always the fault of the lone driver. In fact, most rollover car accidents involve only a single vehicle. 

Causes of Rollover Accidents

It takes deceptively little to make cars tip and roll over in the right circumstances. Vehicles such as SUVs and minivans have a very high center of gravity which makes them more susceptible to tipping over and rolling. In many cases, a car will rollover because of “tripping”. This is when a car’s tire strikes something such as a curb, debris, a bump, or soft earth which can make the forward force of a car displace in a way so that the vehicle rolls either forward or sideways depending on the angle of the tripping. Large vehicles and those with trailers can roll over and cause an accident when they turn to hard or sharply. The forward inertia of the vehicle can be too strong for the turning to handle so the vehicle flips over
There are a number of factors that can drastically increase the likelihood of a rollover accident. Any kind of issue with the road itself can create the potential for tripping. Bad weather such as intense rain can wet roads and create mud that can increase rollover chance. Unmaintained roads can have potholes or loose stones that make for dangerous debris. Rollovers can also be caused by other vehicles. Another driver can hit a vehicle at an angle from the side at high speed and cause a rollover or they can hit them into obstacles that can cause the vehicle to trip and then roll over that way. 

Common Injuries Caused by Rollover Accidents

Filing a Florida Rollover Accident Claim

Those that have suffered severe injuries because of rollover accidents will likely want to seek compensation for the damages caused by their injuries. Rollover accidents typically cause especially severe injuries so there is a good chance that Florida’s no-fault policy will not apply. If you are involved in an accident you are typically supposed to go through your own insurance for coverage and not the person at-fault’s unless your injures are severe and too much for your own coverage to handle. 
A car accident injury claim can get you a settlement that covers the damages that you have suffered because of an accident. In order for you to file a claim, you need to suffer a severe injury that was caused by the negligence of a liable party. An out of court settlement can be negotiated with that liable party and their insurance using prove of their negligence as leverage. In the event that a settlement cannot be reached a claimant may want to file a formal lawsuit that would take the matter to court in the form of a trial. Regardless of whatever action you take after a rollover accident, it is imperative that you speak to an experienced attorney first. Talking to an attorney that specializes in car accidents like rollover accidents can get you some insight as to what your options are and help you decide which next move can help you the most. 

Injured in a Car Accident? Contact a Clearwater Car Accident Lawyer at Dolman Law Group

Suffering an injury at the hands of a neglectful driver can rack up medical expenses, lost wages, and many other costs that deserve compensation. Consider Dolman Law Group as your legal representation in your pursuit of compensation with a car accident claim. Our lawyers have the experience needed to ensure that your case receives the best chance of success so that you can focus on recovery and getting your life back to normal.
If you were involved in a car accident, our lawyers at Dolman Law Group will investigate your case, and may help you obtain the compensation you need for damage done to your person and property. To schedule a free consultation and case evaluation with a Dolman Law Group attorney, please contact us at (727) 451-6900, contact us online, or visit us at one of our three office locations in Florida. We look forward to hearing from you and will vigorously advocate on your behalf for the compensation you deserve.
To schedule a free consultation to talk about your injuries, please call 727-451-6900 or submit our contact sheet
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765

Thursday, May 21, 2020

Seeking Compensation for Damages Caused by PTSD

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Post-Traumatic Stress Disorder Damages

Accidents are an unfortunate fact of life that affect us all to some degree or other. Many are lucky and come away with damages that are easily rectified but some are not so lucky. The National Center for Health Statistics, a department within the Centers for Disease Control and Prevention, has stated that around 31 million people are injured across our country each year that require medical treatment. These injuries are typically physical and take the form of broken bones, head injuries, organ damage, etc. but some injuries are not so tangible. It is possible for someone to suffer psychological injury in conjunction with physical accident injuries or alone as a result of the trauma caused by an accident. Of these psychological injuries, Post-traumatic stress disorder is perhaps the worst. 

What is Post-Traumatic Stress Disorder

Physical damage to our body can be touched measured and approached through straightforward physical medicine. Psychological injuries such as post-traumatic stress disorder are more elusive but nonetheless damaging. When someone undergoes an intensely traumatic experience their mind can go through a state of distress that normally can get better with time as a person learns to process the experience and overcome the negative emotions that come with it. Post-traumatic stress disorder occurs when someone is unable to properly process their traumatic experience and they suffer a number of debilitating symptoms related to the recollection of this traumatic experience. 

PTSD Symptoms

Those that develop post-traumatic stress disorder can have their lives severely disrupted by its symptoms. These symptoms may be triggered by the recollection of the event that caused their trauma and they can exist as long as a person is suffering from PTSD. The following are some of the more common symptoms of post-traumatic stress disorder. 
  • Severe anxiety
  • Re-experiencing the trauma
  • Emotional outbursts
  • Self-blame
  • Fatigue / insomnia
  • Memory issues
  • Difficulty concentrating / confusion
  • Weight gain or loss
  • Depression
  • Reclusiveness
  • Aversion to things connected to the trauma
  • Sleep disorders

Can PTSD be Treated?

Despite PTSD being an illness that can’t be taken care of with something like surgery or medication, there is treatment. Like many other types of psychological illness, post-traumatic stress disorder can be treated with the expert assistance of a mental health professional like a psychiatrist. They can provide psychotherapy sessions to help determine the root of your inability to process your trauma and provide resources to help you on your way to recovery. They can also prescribe medication that can help to manage the symptoms of your illness to ease your recovery and help stabilize your life. 

Can I Claim Damages for Post-Traumatic Stress Disorder?

It is possible to claim damages that have arisen because of post-traumatic stress disorder developed as a result of an accident. In many cases, PTSD is the result of a traumatic accident that inflicted severe and permanent injuries. For example, someone may be involved in a semi-truck accident and have a limb amputated. The loss of a limb and the added trauma of the experience can lead to PTSD. So in this scenario, the damages caused by the amputation can also have the added damages caused by the PTSD. It is usually easier for mental injury damages to be claimed when done in conjunction with severe physical injuries
When someone seeks compensation for post-traumatic stress disorder damages alone without having suffered any physical injuries then the process can be more difficult since there is no physical damage to anchor claimed damages due to mental trauma. In order to claim damages for PTSD, a person must be able to provide some tangible form of evidence that the damages are related to their psychological injury. The best way to do this is with the documented diagnosis of a medical professional that specializes in psychological issues like a psychiatrist. 

Damages Someone Can Claim Because of PTSD

Medical Bills: Treatment for PTSD requires the expert assistance of an accredited medical professional as well as medication which is not free let alone cheap. Recovering from post-traumatic stress disorder can take time as well which further drives up medical expenses.
Lost Wages: Someone recovering from severe cases of PTSD may need to take time from work. These lost wages can be calculated by multiplying a person’s hourly wage by the hours they could have possibly worked. 
Lowered Earning Potential: PTSD can affect a person’s ability to work in their career field. This is especially true if the trauma they experienced occurred at their job. 
Loss of Consortium: A person that develops PTSD can not only have it take a toll on their financial wellbeing but their relationships as well. Families can suffer immensely because of PTSD and end up torn apart in certain circumstances. 
Pain and Suffering: Post-traumatic stress disorder comes with severe symptoms that can drastically influence a person’s life for the worst. People can undergo immense anguish when they have to relive their trauma and undergo the recurring intense negative emotions attributed to that trauma. 

Experienced Personal Injury Attorneys to Aggressively Defend Your Claim

If you or a loved one have suffered a personal injury because of the negligence of a party that can be considered liable then you may be able to seek compensation. Civil law allows those injured under circumstances that should have been avoided had a party not be negligent to file a personal injury claim. Personal injury claims seek compensation from these negligent party’s insurance coverage and in some cases directly from the liable party themselves. 
Personal injury victims have legal rights under Florida law. They are legally entitled to be compensated for all losses resulting from their injuries, including short and long-term medical costs, decreased future earning potential, and other costs that may be attributable to another party’s negligence. The Dolman Law Group has years of experience in protecting the rights of injured accident victims in and around the Clearwater area. 
Call (727) 451-6900 today or fill out a contact form online to schedule your free consultation with an experienced, aggressive personal injury attorney.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765