What Is the Bodily Injury Threshold in Florida?

According to reports from the CDC, over 32,000 individuals die from accidents in Florida roadways each year. The Highway Patrol in Florida also reported more than 198,000 injuries and 2,400 fatalities each year between 2013 and 2017. Due to the high number of bodily injury litigations, Florida has devised ways of handling these cases.

 

Most personal injury lawsuits settle before proceeding to trial, but they remain in the court’s schedule and back-up the courts. Because of this, Florida has an injury “threshold” regulation that you have to meet or exceed before suing for bodily injury.

 

About the Florida Bodily Injury Threshold

Although you might get bodily injuries from a Florida car accident, the person at fault will not be liable to your damages if they do not meet or exceed the medical threshold. When you fail to meet the limit, you will not be able to file for suffering, pain, mental distress, or any inconvenience from the crash.

Florida drivers have to carry a $10,000 insurance policy that covers personal injuries since it is a no-fault state. Your no-fault insurance policy will cover your medical expenses as well as lost income in tandem with the driver’s policy. It will also cover travel expenses and other expenses, like childcare and physician appointments.

 

The state of Florida has adopted a unique approach in a dog attack or bite cases. The one-bite rule prevents the owner from lawsuits due to his or her dog’s first-time bites. However, if you prove negligence by the owner in the dog attack that resulted in a bodily injury, you can get compensation.

 

Categories of Severe Injuries in Florida

Florida has four types of injuries that comply with the threshold standards for acquiring compensation that goes beyond the amount covered by the no-fault insurer. These types of damages include:

• Permanent and significant loss of crucial bodily functions

• Permanent and significant disfigurement or scarring

• Permanent injury

• Fatal injury

 

If you meet the above criteria for the injury threshold, you may want to consult a lawyer for guidance and about filing a claim.

 

How Long Do I Have to File a Personal Injury Case?

Florida has regulations that limit the amount of time you have to file a personal injury case. Florida civil laws require you to present your case within the four-year statute of limitations. Submitting your claim after the four-year deadline will be rendering it null and void.

 

How to File for Personal Injury Compensation

Contact a lawyer near you and discuss the details of your case. The lawyer will begin an investigation on the incident that caused your injury. He will talk to the witnesses, analyze medical paperwork, review footage, and acquire evidence to create a strong claim.

 

The attorney will then draft your claim. The claim will have details of your injuries, how these injuries are affecting your life, and why you need compensation. Next, you will negotiate with the entity at fault or insurance firm.

 

Most defendants settle their injury claims at this stage, but if they refuse to offer you fair compensation, your lawyer will file a lawsuit in the Florida courts. The trial process is the final stage where the jury and judge will hear the details of your issue and pass a verdict on the settlement.

 

Your attorney will handle all of the issues involved in your case, including consultation, negotiation, and settlement as you focus on your recovery.

 

Anne

I'm a mother of 2 who likes to get involved in too much! Besides writing here I started a non-profit, I'm on the PTO board, very active in my community and volunteer in the school. I enjoy music, reading, cooking, traveling and spending time with my family. We just adopted our 3rd cat and love them all!

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How Long Do You Have to Sue for a Birth Injury in Florida?

 

For the parents of babies with birth injuries, their early days with their babies may involve visiting their baby in the NICU, pumping breast milk when they planned to nurse, and preparing themselves to not see their babies hit their first developmental milestones for a long time, if ever.

 

Unfortunately, this scenario happens far too often. Approximately 29 out of every 1,000 babies born in the United States are affected by birth injuries. Keep reading to learn more about the causes of birth injuries and what you need to prove you have a case.

6 Causes of Medical Malpractice

The following are the most common causes of birth injury lawsuits. If your baby’s injury was caused by any of these conditions, you may be able to file a lawsuit.

 

Poor Training and Overworked Staff

When hospital staff is poorly trained, physicians are overworked, or nurses have to take on too many patients, babies can pay with their lives. Babies can be injured when medical professionals can’t perform their jobs correctly due to problems with the hospital’s policies. This can be a result of staff being asleep or spread too thin to pay attention to monitors or react to complications.

 

Failure to Properly Monitor a Fetus

Fetal monitoring lets doctors and nurses know if a baby’s heart rate is too high or too low, which can be a sign that your baby is being deprived of oxygen. Your baby could suffer lifelong consequences if medical professionals fail to adequately interpret the readouts from these monitors or if they fail to make necessary interventions.

 

Failure to Medicate the Mother Correctly

Epidurals and spinal blocks or induction with Pitocin can interfere with the second stage of labor, leading to an increased risk that labor will be prolonged. When this happens, the baby is put at an increased risk of experiencing fetal distress and all of the risks that are associated with it. These include oxygen deprivation and increased fetal heart rate.

 

Improper Use or Malfunctioning of Hospital Equipment

One example of the improper use of hospital equipment are doctors using too much force when they are trying to guide the baby through the birth canal with forceps or vacuum extraction. This can cause brain bleeds and other injuries to a newborn. When a hospital fails to properly maintain their equipment or allows it to become old and outdated, this can also lead to injuries.

 

Failure to Adequately Inform About Risks

Doctors have a duty to adequately inform their patients about the risks involved with any medication they use to induce labor or to manage pain. They are also required to inform their patients about the risks of any interventions they perform during labor and birth, including the risks involved in a c-section. When they fail, patients may end up agreeing to something they never would have consented to had they known the true level of risk.

 

Proving Who Was at Fault

To prove that a medical facility was responsible for your baby’s injury, you’ll need to collect as much documentation as you can. You may also want to reach out to a lawyer to learn more about the resources that are available to your family.

 

According to advice from Florida Cerebral Palsy Lawyer, if you are wondering whether or not you have a viable lawsuit, an attorney can review the facts of your case and advise you of the steps to take next.

 

Anne

I'm a mother of 2 who likes to get involved in too much! Besides writing here I started a non-profit, I'm on the PTO board, very active in my community and volunteer in the school. I enjoy music, reading, cooking, traveling and spending time with my family. We just adopted our 3rd cat and love them all!

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Family Trip to Vero Beach, Florida @verobeachcvb

 

Spring Break is here or will be here shortly depending on where you live. Florida has some wonderful places to visit and spend time in the sun. I recently was asked to visit Vero Beach with my family.

We were asked to stay at The Disney Vero Beach Resort and had a fantastic itinerary set up for us. We were not able to make it down to Vero Beach until Friday evening. We got to the resort and settled in around 9:30pm. The resort staff was very helpful as Disney employees always are. My partner and I hit the lounge after the girls layed down. It was right across the hall from our room!

 

Disney Vero Beach Resort

Vero Beach Sunrise

We woke up early to see the sun rise. It was so pretty to see right over the beach. Then it was off to Goofy’s Beachside Character Breakfast with Donald and Goofy.

 

We gathered later to head over to the Vero Beach Museum of Art.  The director took us on a tour then took us over to the children’s Art Zone. The Art Zone has many hands-on activities that encourage children to play and explore.  They have a magnetic wall with colorful geometric shapes and a chalkboard wall for the kids to make artistic creations. Another wall is an interactive sketch aquarium, which was my favorite part of this interactive children’s exhibit, lol. The kids were each able to color in a sea creature then it gets scanned into the computer and magically it appeared on the wall!


Every piece of the Art Zone has been designed with kids in mind.  The adults explored the rest of the museum. This was my favorite piece.

 

Learn more at their website at www.VBMuseum.org.

We had lunch at  Mulligan’s Beach House. We sat beachside and enjoyed the beautiful weather, the ocean, music and delicious foods.

We then drove over to the McKee Botanical Garden. The McKee Botanical Garden has 18 acres of tropical terrain bursting with activity. I thoroughly enjoyed the gardens. I miss my South Florida landscape, so this gave me a chance to reminisce. The kids had a blast exploring and checking out all the flowers and plants. McKee’s has a new program called, Garden Discovery Backpacks. Each backpack is filled with exploration tools, guides, journal and an activity guide. There is even a small gift for the children to take home.


I would to have all of this in my backyard.

I am looking forward to coming back to explore more. Learn more at www.mckeegarden.org

 

We hit the pool for a while and relaxed in the sun before dinner.

For dinner we drove over to Waldo’s Restaurant at Driftwood Resort. Oh my the views were amazing! Right on the beach!

After dinner, we headed back to the hotel to relax after a long, fun filled day.

 

Sunday morning we woke up and headed downstairs to the Disney’s Wind and Waves Grill for breakfast. Then we headed to the pool. The pool had a fun waterslide, jacuzzi, mini golf and a play area. W

It was a fun filled weekend in Vero Beach. I am looking forward to going back. Thank you  VisitIndianRiverCounty.com.

 

Anne

I'm a mother of 2 who likes to get involved in too much! Besides writing here I started a non-profit, I'm on the PTO board, very active in my community and volunteer in the school. I enjoy music, reading, cooking, traveling and spending time with my family. We just adopted our 3rd cat and love them all!

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Florida Mushroom Festival at Ravine Gardens State Park

Lion’s Mane Mushroom

 

Last weekend we took the kids to the  Florida Mushroom Festival at  Ravine Gardens State Park in Palatka, Florida. The park is absolutely beautiful! We got there just in time for a wild identification walk throughout the park to spot different mushrooms growing in the wild.

 

There were two of these suspension bridges.

Oyster Mushrooms

Cats on the trail!!

 

My daughter and I.

It was an absolute beautiful day!

For upcoming events check out Florida Mushroom Festival on Facebook and Ravine Gardens State Park

Anne

I'm a mother of 2 who likes to get involved in too much! Besides writing here I started a non-profit, I'm on the PTO board, very active in my community and volunteer in the school. I enjoy music, reading, cooking, traveling and spending time with my family. We just adopted our 3rd cat and love them all!

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Seaworld Orlando’s 2018 Halloween Spooktacular is Happening Now!

SEAWORLD ORLANDO’S 2018 HALLOWEEN SPOOKTACULAR RETURNS

Popular Daytime Halloween Celebration Returns Weekends September 22 – October 28

 Halloween Spooktacular returns to SeaWorld Orlando this fall on September 22. Guests of all ages can join everyone’s favorite furry friends from Sesame Street as The Count, Elmo, Abby and others take the stage in “Sesame Street’s Countdown to Halloween.” Families will also enjoy a Halloween Dance Party and meet whimsical characters inspired by the sea. For this special event, children can dress in their Halloween costumes and take part in fun-filled trick-or-treating in the park.

The daytime Halloween fun takes place every Saturday and Sunday starting September 22 through October 28, 2018 and is included with park admission. Event hours are 11 a.m. to park close.

Halloween Spooktacular Highlights Include:

·        Sesame Street’s Countdown to Halloween

Celebrate a Spooktacular Halloween at SeaWorld with The Count, Elmo, Abby, and the rest of your Sesame Street friends!  The Count is feeling lonely this Halloween, and it’s up to you and the loveable monsters from Sesame Street to get him into the Halloween spirit.  Batty bats and spooky skeletons join the fun in a song-filled stage show that invites you and your family to dance, play and sing along.

·        Trick-or-Treating

Costumed youngsters can trick-or-treat for ghoulish goodies. Each sea-themed, trick-or-treat station features an assortment of candy favorites. Please join us in our efforts to protect our seas by bringing a reusable bag or Halloween bucket from home for treats. We will have an assortment of reusable bags, for $0.99 and up, at select locations.

·        Pets Ahoy Halloween

Guests can enjoy a special Halloween version of this side-splitting show with surprise twists, and a cast of unlikely characters that will have the whole family laughing from beginning to end.

 

·       Halloween Dance Party

Children join under-the-sea friends for a Halloween Dance Party where they can participate in line-dancing favorites as clouds of bubbles fill the evening air.

·        Mermaid Grotto

Meet a mystical mermaid from an underwater world of fantasy. Capture the amazing moment with a Mermaid Photo Package, available for purchase at the park.

Upgrades to Your Spooktacular Day at Seaworld

 

·        Count von Count’s Spooktacular Breakfast

Count von Count’s Spooktacular Breakfast features a delicious buffet enjoyed with the furriest characters in town. This breakfast is a fun-filled experience sure to delight kids and parents alike. Starting at $14.99 for kids and $29.99 for adults, reservations can be made online, at the Information Counter or by calling (407) 545-5550.

·        Reserved Show Seating: Sesame Street’s Countdown to Halloween

Enjoy a reserved seat at a showtime of your choice for Sesame Street’s Countdown to Halloween show at SeaWorld Orlando. Priced at $10 per person, guarantee a seat for a showtime of your choice.

Best Way to Play:

 

For Spooktacular event days on Saturdays and Sundays through October 28, children between the ages of 3 and 9 will receive a free ticket when a full-paid adult single-day ticket is purchased.

Just Around the Corner:

 

·        SeaWorld Orlando’s Praise Wave

Praise Wave, the popular Christian music event, returns for a second time in 2018 offering guests a day of fellowship and fun at SeaWorld Orlando. The live concert events will take place on Saturday, September 15 featuring Michael W. Smith and Saturday, September 22 featuring Newsboys.

·        SeaWorld Orlando’s Christmas Celebration

SeaWorld’s Christmas Celebration is where holiday traditions are made, with delicious food, stunning live shows, delightful holiday shopping and joyous entertainment. SeaWorld’s Christmas Celebration brings together family fun and holiday traditions on select nights, November 17 – December 31, 2018 and is included with park admission.

For more information, park hours and to purchase tickets and passes, visit SeaWorldOrlando.com. Events and times are subject to change. Follow SeaWorld Orlando on Facebook,Instagram and the SeaWorld Orlando Blog for the latest park updates and information.

Marijean

My name is MJ. I have two wonderful children and work part time as well as volunteer at my children's school.

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