Monday, September 28, 2015

Liability for BUI Boating Accidents

Boating is a favorite pastime for Floridians. Visitors and residents alike enjoy taking a boat out on the water to enjoy the day with their friends and families. Unfortunately, anytime any type of motorized vehicle is involved, there is the risk of an accident and, anytime people are around water, there is risk for serious drowning incidents. Boating accidents have the potential to leave boaters and swimmers with severe injuries that can often be catastrophic or even fatal. One of the most common causes of boat accidents is boating under the influence (BUI) of alcohol or a controlled substance.

BUI is not only against Florida law,1 but can have serious consequences. Despite the risks, drinking and boating often go hand-in-hand. Relaxing on the water often involves alcoholic beverages—even for the person operating the boat. According to the Centers for Disease Control and Prevention (CDC),2 alcohol is a factor in about 20 percent of fatal boating accidents and the resulting deaths could likely have been prevented if the boat operator had not been intoxicated. Anyone who sustains injuries or loses a loved one in a BUI boating accident has the legal right to obtain substantial compensation from the negligent boat driver.

Causes of BUI accidents
Everyone should know that drinking alcohol can cause errors in judgment and lapses in concentration. Any boat driver who has been drinking runs the risk of doing any of the following:

Failing to properly observe right of way laws or violating other boating regulations that result in a collision with another vessel.
- Taking a turn too quickly or turning too sharp, which can cause boat passengers to be ejected into the water.
- Ignoring possible weather hazards and staying on the water in adverse conditions.
- Driving too fast or in a manner that causes the boat to capsize.
- Failing to properly notice swimmers in the water and driving the boat over them.
- Not paying attention to skiers or tubes.

All of these accidents can result in serious injuries or death of people in the boat with the drunk driver, in other boats, or in the water.

Legal claims from BUI accidents
If you suffer an injury because a boat driver was intoxicated, you have the right to file a legal claim against the negligent driver for personal injury. If you sufficiently prove that the driver was intoxicated and caused the accident, you can recover for your medical bills, wages you lost during your physical recovery, your pain an suffering, emotional trauma, any permanent disabilities you suffered, and possibly punitive damages depending on the specifics of your case.

If your family member passed away because of a boat accident caused by an intoxicated driver, Florida law3 allows you to file a claim for wrongful death. If you prove the negligence of the boat driver, you can recover for funeral and burial expenses, as well as loss of companionship, loss of financial contributions, and much more.

Cases arising from boating accidents can be complicated because they often involve maritime law, which is a specific set of laws that regulate incidents involving vessels on navigable waters. At the Dolman Law Group, our attorneys have the understanding necessary to handle any case involving personal injury or wrongful death under maritime laws. Not every personal injury attorney knows how to apply these laws to a case, so you should always select a lawyer who has extensive knowledge of these complicated maritime laws.

Contact an experienced Clearwater boating accident lawyer for help today
Anyone injured by a drunk boat driver should contact an experienced Clearwater boating accident attorney as soon as possible. This type of case requires evidence of the driver's intoxication, which can include a criminal conviction for BUI but can also include circumstantial evidence, as well. We will conduct witness interviews and gather the evidence needed to ensure that you receive the full amount of compensation you deserve under the law for your injuries or your wrongful loss. Boat accidents can be frightening, but the Dolman Law Group is here to help injured victims as much as possible, so call for a free consultation at 727-451-6900 today.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756


Friday, September 25, 2015

Careless Drivers Can Seriously Injure Clearwater Bicyclists

Thousands of people in the Clearwater area ride bicycles on a daily basis, both as form of transportation as well as form recreation an exercise. As is the case with any metropolitan area in the United States, people who bike in Clearwater often do so in close proximity to cars, trucks, and other motor vehicles, creating a significant risk of an accident.

According to the Florida Department Highway Safety and Motor Vehicles indicates1 that there were more than 6,000 bicyclists injured in Florida during 2012.  These kinds of accidents often leave bicyclists seriously injured, which can often entitle them to significant financial compensation. For this reason, it is important for anyone involved in a bicycle accident to talk to a lawyer about their case as soon as possible. Call the Dolman Law Group today to schedule a free case evaluation with a Clearwater bicycle accident attorney.

Carelessness can entitle bicycle accident victims to financial recovery
Driving a motor vehicle is an inherently dangerous activity. Cars and trucks can often weigh thousands of pounds and can cause serious injury when they collide with other vehicles, people, or structures. As a result, motorists have a duty to operate their vehicles safely and in a way that does not pose an unreasonable risk of injury to others. In many cases, careless behavior will be deemed legally negligent, which means that anyone hurt by the careless conduct may be entitled to recover compensation for their losses. Some of the more common examples of the kinds of driver negligence that often leads to bicycle accidents are discussed below.

Distracted driving – Distracted driving2 can take many forms, including texting, grooming, reading, talking to passengers, or simply daydreaming. When drivers are distracted, they are often not aware of their surroundings, which can cause serious accidents.

Impaired driving – Drinking and driving continues to be a serious issue in Florida and the rest of the country. When drunk drivers cause serious accidents, they are subject to both criminal and civil liability. This means that bicyclists who are struck by drunk drivers can often obtain compensation for their losses.

Speeding – Drivers speed for a number of reasons, including running late, not paying attention to the posted speed limit, or just for fun. The reality is that there is no excuse to break the law and put others at risk. Speeding drivers often cannot not stop in time to avoid bicyclists or do not even seem them until it is too late. Fortunately, the mere fact that a driver was speeding is often sufficient to establish that he or she was negligent.

Failure to observe traffic regulations – For many people, driving is a daily activity. As a result, drivers may become overly causal about certain rules of the road. Examples may include rolling stops at stop signs, failing to signal turns, not stopping before taking a right turn on red, or speeding through a yellow light. While these types of offenses are commonplace, they also have the potential to cause serious injury.

There are many other ways that a driver’s carelessness could cause serious bicycle accident. Victims should discuss their case in detail with a lawyer in order to determine whether they have a legal claim. 

Discuss your accident with a Clearwater bicycle accident lawyer today

Bicycle accidents caused by careless drivers often leave victims with significant injuries that may affect them for years. Many bicyclists who are involved in motor vehicle accidents incur significant medical expenses and are unable to work for months or even years. In addition, victims may also experience significant physical pain and emotional distress as well as be unable to enjoy activities they once did. Thankfully for victims, Florida allows people who are injured in bicycle accidents caused by the negligence of others to recover for these and other losses they may have experienced.

The Clearwater bicycle accident attorneys of the Dolman Law Group are dedicated to protecting the legal rights of people who have been hurt in preventable accidents. We have recovered millions of dollars on behalf of our clients and work tirelessly to obtain justice through the Florida civil courts. To schedule a free consultation with one of our lawyers, call our office today at 727-451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756

Friday, September 18, 2015

Dog Bites can Cause Serious Complications

By nearly every measure, dogs are the most popular pet to own in the United States. According to the American Veterinary Medical Foundation1 (AVMF), approximately 36.5 percent of households owned at least one dog in 2012. Undoubtedly, our canine friends make excellent companions and can help people feel more secure in their own homes. In some cases, dogs can even provide people with disabilities with essential help navigating the world. With so many positive and helpful characteristics, it is no surprise that it is nearly impossible to leave the house in Clearwater and see multiple dogs being walked, in yards, or riding in cars with their owners.

As friendly and domesticated as most dogs seem, it is important to remember they still have instincts that have the potential to cause serious harm. In fact, the Centers for Disease Control and Prevention (CDC) indicates2 that there are approximately 4.5 million dog bites each year in the United States. Dog bites happen for a variety of reasons, including poor training, aggressiveness, provocation, or simply because the dog was startled.  While most people are aware that a dog bite can cause serious injury as a result of the initial bite, it is less commonly known that dog bites can result in significant complications that may affect a person for years. Some of the most common of these complications are discussed below.

Infection – There is a common misconception that “dogs’ mouths are cleaner than ours.” This is certainly not the case, and the reality is that dogs have millions of bacteria residing in their mouths at all times. These bacteria may be transferred into a person’s wound during a dog bite and could cause infection. In some cases, these infections may be serious enough to warrant hospitalization and treatment with antibiotics.

Nerve damage – Nerves are responsible for transmitting electrical impulses between the brain and the rest of the body. When they are damaged, people often develop issues with sensation, range of motion, and muscle strength. In addition, nerve damage is notoriously difficult to treat and in some case is irreversible. Dog bites can easily cause nerve damage, potential leaving victims with long-term issues that could affect their quality of life and ability to engage in everyday activities or tasks.

Emotional issues and a fear of dogs – Many people who are bitten are nervous around even friendly dogs and try to avoid them as much as possible. Some people may even develop cynophobia, a clinically recognized fear of dogs that may affect their ability to function in day-to-day life. In some instances, dog bite victims require months or even years of therapy in order to address these fears and may never be fully comfortable around dogs again.

Ensure your recovery by retaining qualified legal counsel immediately
In many cases, the injuries associated with a dog bite go far beyond the initial physical trauma associated with an attack and affect a person’s physical and emotional well-being for a significant period of time. As a result, individuals who sustain injuries related to dog bites or dog attacks are often legally entitled to significant financial compensation. In order for victims to recover the full value of their claim, they should retain a Clearwater dog bite lawyer who is familiar with representing victims of dog attacks and who understands how to properly assess the value of a legal claim.

Contact the Dolman Law Group today to find out how a Clearwater Dog Bite attorney can help you

The Dolman Law Group is a team of skilled personal injury advocates who have been representing the rights of the injured since 2009. We have recovered millions of dollars on behalf of our clients and are dedicated to the success of every case we take. In addition, we utilize a contingent-fee arrangement with all of our personal injury clients, which means that you will not pay anything in legal fees unless we recover compensation on your behalf. To schedule a free consultation with one of our lawyers, call our Clearwater office today at 727-451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756


Friday, September 11, 2015

Common Examples of Medical Malpractice in Clearwater, Florida

People seek medical treatment for a variety of reasons. The impetus for seeing a doctor or other medical professional could include a routine checkup, treatment for a common illness, injury, or to undergo an elective cosmetic procedure. Whatever the reason for seeking treatment, the people who have chosen to care for others as their profession have a duty to act with the degree of skill and care expected from a medical professional. When this does not occur and injury results, victims can often recover significant compensation through a medical malpractice lawsuit.

Medical malpractice is a type of professional negligence that occurs when a professional fails to meet the statutorily defined standard of care. Under Florida law, the standard of care1 that applies to medical professionals is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”  Medical malpractice can occur in a variety of ways, but some tend to me more common than others. Some of these are discussed below.

Failure to diagnose or misdiagnosis – A reasonable medical professional should know the correct tests to perform and the right questions to ask if a patient presents with certain symptoms. If a doctor fails to thoroughly investigate your condition, you may not receive a correct diagnosis or may even be sent home with no diagnosis at all. Without the proper diagnosis, you may not receive the treatment you need in a timely manner, which can lead to unnecessary complications and the need for more costly treatment.

Surgical errors – Because of the serious risks of complications during surgical procedures, surgeons and their support staff must take care before, during, and after the procedure. If a doctor is distracted, untrained, or otherwise impaired, patients can suffer and may even not survive. Common surgical errors include inadequate sterilization, operating on the wrong body part, leaving foreign objects inside the patient, failure to provide proper post-operative care, among others.

Medication errors – Over 4 million prescriptions2 are filled on an annual basis in the United States. Doctors, nurses, and pharmacists must use proper care to ensure that prescriptions and medication administered in medical facilities are correct. Medication errors can happen in many ways, including administering the wrong medication to the wrong patient, prescribing or administering the wrong dosage, giving medication that may have harmful reactions with existing prescriptions, failing to give necessary medication, and more.

Birth errors – Pregnancy, labor, and childbirth are all complicated and any errors can have a severe effect on both the child and the mother. Common birth errors include providing improper prenatal care, failing to identify possible complications or birth defects, failing to monitor the vital signs of the child and mother during labor, not taking emergency action should complications arise, and errors using vacuums or other tools.

Medical malpractice can entitle victims to significant compensation
People who have been injured by the negligence or carelessness of medical professionals do not have to sit idly by and suffer. Florida medical malpractice law often entitles victims of medical negligence to significant compensation for their medical expenses, pain and suffering, lost income, and loss of quality of life. Because of the complicated medical and legal issues that often arise in medical malpractice cases, it is important for victims to retain an attorney who is familiar with Florida law and who has a history of success representing the victims of medical negligence.

Contact a Clearwater medical malpractice law firm today to schedule a free case evaluation with an attorney

Since 2009, the Clearwater medical malpractice lawyers of the Dolman Law Group have been helping people injured by negligence recover for their losses. We are committed to representing the rights of the injured and work tirelessly to ensure that each client we take obtains the full and fair value of his or her claim. To schedule a free consultation with one of our attorneys, call our office today at 727-451-6900

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756