The purpose of both workers’ compensation and personal injury claims is to provide compensation to injured individuals and although there are differences between the two, there are also areas of overlap. Workers’ compensation can provide monetary awards to those injured while on the job but there are some instances when injured workers may be able to also bring a personal injury claim. These include:

  • Injuries involving a defective product in which a claim may be brought against the product’s manufacturer
  • Injuries involving a toxic substance in which a toxic tort claim may be brought against the manufacturer of the toxic substance
  • Injuries occurring as a result of an employer’s intentional or egregious conduct
  • Injuries occurring in a workplace in which the employer is not required to carry workers’ compensation insurance or is required but has failed to do so
  • Injuries caused by the negligence of a third party, someone other than an employer or a co-worker.

Personal injury claims may be brought by any injured person regardless of where the injury occurred. The key is not where the injury occurred but whether or not it was due to the negligence of another person, product or substance or if it was intentional.

Although workers’ compensation provides monetary and other benefits to an injured worker, the awards can be quite low compared to those allowed in a personal injury claim.  And, workers’ compensation does not provide for compensation for pain and suffering.

Since it doesn’t cost you anything, you should contact a Personal Injury Attorney to review your case to see if you may have both a workers’ compensation claim and personal injury claim arising out of the same incident.

And, as always, I would be happy to assist you with this!

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Plenty of us dislike driving at night.  High beams shining in your eyes are an annoyance and dangerous.  Fatalities on the road occur at a rate three times greater at night than during the day, according to the National Highway Traffic Safety Administration. While only a quarter of all driving is done at night, more than half of all driving deaths occur at that time.

Drivers middle-aged and older are more sensitive to glare than younger drivers because their eyes take longer to adjust to changing light levels. For example, a 55 year old takes eight times longer to recover from glare than a 16 year old. As the population ages, the number of older drivers will continue to rise as will the number of complaints about glare. Lighter-colored eyes are more sensitive which means the lighter your eyes are, the more glare will bother you. Certain other conditions such as having had vision-correction surgery that affects the corneas may also increase your sensitivity to glare.

Behind the Wheel Tips

  1. Avert Your Eyes

When oncoming vehicles shine light directly into your eyes, look down and to the right. Turn your gaze to the white line on the right side of the road, or to where pavement meets shoulder, until the vehicle goes by. You can still see the vehicles around you with your peripheral vision but the glare won’t bother you as much because you are not using the most light sensitive part of your eyes.

  1. Learn to Use Your Mirror’s “Night” Setting

All cars have “day/night” interior mirrors to reduce reflected glare from vehicles directly behind you. You can change the mirror to its “night” setting by flipping the small lever at the bottom of the mirror. This changes the angle of the reflective surface and appears to dim the mirror. Lights will show up in the glass but they’re much less bright and not so bothersome.

  1. Use Your Lights Courteously

In fog, use only your low beam headlights.  High beams reduce your own ability to see and may temporarily blind other drivers. If your car has fog lamps, only use them if there is fog and in conjunction with your low beams. Avoid using your high beams when you see oncoming vehicles or when you drive in urban areas.

  1. Take Frequent Breaks

If you’re driving at night for a long time, stop often to reduce fatigue and give your eyes a chance to recover. Take a short nap, or at least a brisk walk and some caffeine to help you stay alert.

Get regular eye exams and stay safe out there friends!

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Civil wrongful death lawsuits can be filed in Florida by the family members of an individual who died as the result of someone else’s negligence. It is mandatory that the death occurred as a result of someone else’s fault.  In a wrongful death lawsuit, Florida law mandates that a cause of action must be brought within two (2) years rather than four (4) as in a personal injury case.  If a loved one has passed away due to the negligence or carelessness of another, do not delay, call now. I can help you.

Wrongful Death Cases in Florida

The state of Florida records a large number of personal injury accidents every year and a significant percentage of these are accidental deaths. Some of the most common causes of wrongful death are vehicle accidents that result in one or more fatalities. Car accidents are a leading cause of death throughout the state.

 

Driver negligence is an important element in all vehicle accidents including drunk driving or driving under the influence of drugs, reckless driving and even drowsy driving.

 

Other causes for wrongful death accidents in Florida include accidents that involve semi-trucks or commercial vehicles, machinery-related accidents, toxic exposure or fire deaths. Medical malpractice wrongful death is another example, including surgical errors, failure to diagnose or failure to provide the needed/adequate treatment.

 

The burden of proof (the need to show that the other driver, person or entity was negligent) falls on the Plaintiff and in Wrongful Death claims, is brought by the Personal Representative of the Estate of the deceased person.

 

Compensation in Wrongful Death Cases

The types of compensation awarded in Wrongful Death cases are monetary and include medical and burial expenses. Survivors are also entitled to compensation for non-economic damages such as loss of support, services, companionship and protection as well as mental pain and suffering.

 

Do you know someone who recently lost a family member due to wrongful death? Remember that time is of the essence and even though the family is grieving and it may be the last thing on their mind, you could help by getting in contact with us so we may begin preserving evidence and preparing their case.  The loss of a loved one is difficult and while I can’t ease their sorrow,  I can help them find justice!

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How do you feel about driving roundabouts?  I know there was a lot of initial opposition to the new roundabouts on Fort King here in Ocala a while ago, but after a bit a research on the subject, I found out a few things that I didn’t know about them and thought you might also find it interesting.

Did you know that roundabouts are a safer alternative to traffic signals and stop signs? The tight circle of a roundabout forces drivers to slow down, and makes the most severe types of intersection crashes — right-angle, left-turn and head-on collisions — unlikely. At traditional intersections with stop signs or traffic signals, these types of collisions can be severe because vehicles may be traveling through the intersection at high speeds. With roundabouts, these types of potentially serious crashes essentially are eliminated because vehicles travel in the same direction and at low speeds —generally less than 20 mph in urban areas and less than 30-35 mph in rural areas. The vehicle-to-vehicle conflicts that do occur at roundabouts generally involve a vehicle merging into the circular roadway or in the case of multi-lane roundabouts, conflicts also occur as vehicles exit.

Did you know roundabouts improve traffic flow and are better for the environment? Research shows that traffic flow improves following conversion of traditional intersections to roundabouts. Less idling reduces vehicle emissions and fuel consumption.

Did you know roundabouts generally are safer for pedestrians? Pedestrians walk on sidewalks around the perimeter and cross only one direction of traffic at a time. Crossing distances are relatively short and traffic speeds are lower than at traditional intersections.

Before you play roundabout roulette, check out this great graphic explaining how to drive in a roundabout at http://www.districtgov.org/community/Roundabout-02-08-12.pdf.

Now that I know more, I’m all for roundabouts!  Anything that helps to keep us safe out there is a good thing!

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Florida is in the middle of daily monsoons and driving is difficult when you can hardly see two feet in front of you.  We do not always drive in ideal conditions. Heavy rains, thunderstorms, and flood conditions make for difficult driving, and drivers must develop special skills for handling these conditions. Here is some great advice from the web when approaching any of these adverse conditions:

  1. Unlike the 2-or-more-seconds rule used in good road conditions, in any inclement weather situation the driver should increase following distance to at least 4 seconds or more. It takes longer to stop in adverse conditions.
  2. Don’t use cruise controlwhen driving in inclement weather. If a car begins to hydroplane, for example, the car will shoot forward at an erratic speed. Inclement weather situations call for driver control, not automated systems.
  3. Do nothing abruptly. Start, stop, turn and change lanes more slowly than normal.
  4. Be more meticulous about signaling so other drivers will know your intentions. Because your brakes may be less effective, increase your following distance.
  5. Apply the brakes earlier and with less force than normal to increase the stopping distance ahead of you and let those behind you know you’re slowing down.
  6. If possible, drive in the center lanes or stay in the middle of the road to avoid standing water. Most roads in the USA are “crowned” (slightly higher in the center than on the sides) so water will collect at the edges before it drains away.
  7. Avoid driving through pools of water in the road by driving around it or choosing a different route if at all possible. It could be just water, but it could also be hiding debris or a pothole.
  8. Don’t attempt to cross running water. If the force of the water is greater than the weight of your vehicle, your car could become buoyant and actually float off of the road. After you drive through standing water, tap on your brake pedal lightly to dry off some of the water on your rotors.
  9. Turn on your headlights even when there’s a light sprinkle to help you see the road and other drivers see you. But don’t blast your high beams in rain or fog because the light may be reflected back at you.
  10. Watch out for pedestrians. The rain will create more distractions and deaden sounds, so they’ll be less able to watch out for you.
  11. Never drive through a rain so heavy that you can’t see the road. If it’s raining that hard, pull over and wait it out. If your vehicle stalls in deep water, leave it and move to higher ground if you can do so safely.

Collisions are more likely to happen in the rain, so remember, if you or someone you love is in a collision, get medical help immediately and call me for your free consultation.  We are available 24/7 to help you.  Marianne Howanitz PA, where we put the Passion in Compassion.

Stay safe out there friends, Marianne

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In the last week, I have received calls from three different people who have been involved in accidents with uninsured motorists. This means that I cannot help them recover all their medical costs, lost wages and pain and suffering. I feel so badly for them and wanted to let you all know what you could do to help protect yourself.
Did you know that approximately 1 in 4 drivers in Florida are not insured? And nationally, the rate is about 1 in 7. A partial answer to this horrifying statistic is that I would highly recommend everyone carry Uninsured/Underinsured Motorist Coverage. It is relatively cheap to purchase when renewing your auto insurance and a real-life saver should you be involved in an accident with an uninsured or underinsured motorist.
Uninsured Motorist Coverage is basically what the name suggests, a driver and vehicle without an auto insurance policy. But, what does it mean to be underinsured? Let’s say you’re involved in a crash in which the other driver is at fault. You find out the other driver only has $10,000 in bodily injury liability coverage and that amount is not enough to cover your medical bills, lost wages and pain and suffering. In this case, the other driver would be considered under-insured—meaning that they have an auto policy but it’s not enough to cover all of your damages.
This is something you’ll need to think about, as the limits for uninsured and underinsured motorist coverage can range from $10,000 to over $1 million. Some people choose a limit equal to their bodily injury liability limit, but that’s not always a requirement. For help deciding, you may want to consider a number of factors, including what kind of health insurance you have and whether you have access to short- and long-term disability through your employer to ensure you don’t lose out on wages if you’re too injured to work.
What does uninsured/underinsured motorist coverage typically cover? With this added coverage, your insurance company basically steps into the shoes of the at-fault driver, therefore, it covers the same damages as bodily injury liability insurance: past and future medical expenses, past and future lost wages and, if you are permanently injured, past and future non-economic damages like pain, suffering, scarring, disfigurement and loss of the ability to enjoy life.
Uninsured/underinsured motorist coverage provides coverage to the driver and all passengers in the insured vehicle. Uninsured/underinsured motorist coverage also follows the insured. For example, if you are a passenger in your friend’s car and an uninsured/underinsured motorist injures you when he crashes into your friend’s car, your policy will cover your damages not covered by the at-fault driver to the limits of your own underinsured/underinsured motorist policy.
Should you be involved in an accident, be sure to get medical help immediately and if you have questions about the accident, please give me a call for a free consultation. We are available 24/7 to help you.

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Getting ready for that long-awaited road trip to a great vacation?  Along with finding that perfect bathing suit and downloading the perfect playlist, you should also be preparing your car for the trip.  Tires are an important part of your car’s safety and tire blowout season begins in the middle of May and runs through early October.  The reason for this is simple.  It is during this time frame that the temperatures outside are the hottest and motorists are taking longer road trips in heavily loaded vehicles.  It is this combination that can push a damaged or neglected tire past its breaking point.  Even if you have been lucky enough to avoid tire problems, you have likely seen “road gators” (treads of blown out tires) littering the highways throughout this time frame.  Though blowouts are most common during these months, they can happen any time of year, especially in warmer climates like Florida.

The NHTSA estimates that 8,000+ car accidents every year can be attributed to tire blowouts.

These are the most common causes of tire blowouts, and how you can prevent them according to Virginia Tire Service in Arizona:

  1. This is the number one tire killer and something so easy to remedy. Air is what allows the tire to carry the weight of your vehicle and all of its cargo. The internal parts of the tire:  fabric, rubber, composites and steel flex beyond their limits when the tire is improperly inflated. They will weaken, over-flex and eventually fail, which results in a blowout.  The recommended tire pressure for your vehicle can be found in your owner’s manual or on the driver’s side door jamb.  Most vehicles manufactured in 2007 and newer are equipped with a Tire Pressure Monitoring System (TPMS), however, you shouldn’t rely solely on the system. The system issues an alert only when a tire is significantly underinflated.  Regardless of what your TPMS says, you should check your tire pressure at least once a month, maybe twice from May through October.
  2. Worn tires.  The heat of the roads in the summer will easily rip away at the remaining tread resulting in a blown tire. Today’s tires almost always have a wear bar built into the grooves.  If the wear bar is even with the tread of your tires, they need to be replaced.  Another way to tell is the penny test.  Basically, you place a penny head down between the tread.  If you can see the top of Lincoln’s head, then the tread is dangerously low and you need a new tire.
  3. Too much weight. Overloading your vehicle and applying too much weight to the tires can also critically damage them.  When hauling a heavy load, you may need to reconsider the number of passengers along for the ride or if you need to carry a lot of passengers you may need to limit the amount of cargo you bring on board.  You can find your vehicle’s Gross Vehicular Weight Rating in the same places as the recommended tire pressure.  The maximum recommended weight your tires can carry is based on tires that are properly inflated.  If they are underinflated, the number would drop significantly.
  4. Potholes and other road hazards. Slamming into a pothole, driveway lip or other road hazards are another way to injure your tire leaving it prone to a blowout.  These impacts can pinch the internals of the tire between the wheel and the object.  If the impact is hard enough, it can even fray or cut the tires internals.  Sometimes, the damage is immediately apparent and other times, it could take days, weeks, or even months for the damage to become apparent.  Which leads us to the next potential cause of a blowout.
  5. Slow death. It is not uncommon for a tire to suffer damage that causes its demise long before it fails.  Often motorists neglect to check their tire pressure or fail to realize they have a slow leak.  When summer vacation comes along they will load their family into the car and head off for a fun-filled vacation.  The combination of the heavy vehicle load, the high summer temperature and highway speeds add stress to the already failing tire and it blows. Monthly or bimonthly tire checks can prevent such a situation.

When a vehicle has a defective tire, this may significantly compromise a driver’s ability to maneuver the vehicle.  This may lead to a single-vehicle or multi-vehicle collision that leaves drivers, passengers and even nearby pedestrians or bicyclists seriously injured.  Should this happen to you, make sure that you call an experienced dangerous and defective products attorney to help you get compensated for your medical bills, lost wages and ruined vacation.

And as always, stay safe out there friends!

YOUR #accidentattorney Marianne

 

 

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Did you know that one person is injured or killed in a truck accident every 16 minutes? 

The United States Department of Transportation estimates that over 500,000 truck accidents occur every year. More than 75% of truck driving accidents are due to the driver of the passenger vehicle.

Did you know that typically the injuries to the victims are severe and often fatal?

Large trucks account for only about 3% of auto accidents, yet because of their sheer size and weight, a semi-truck or 18-wheeler can cause incredible damage to the other vehicles involved and their passengers.

Do you know what to do if you are injured in an accident involving a commercial truck?

Seek medical help immediately, make sure everything is documented, make sure that law enforcement has responded to the accident and made a report.  Never take any calls from insurance companies without consulting with an attorney that specializes in trucking accident collisions first.  Often these accidents are the result of trucking safety or driving law violations. State and federal regulations often come into play in a truck collision. Truck accident cases can be complicated because the truck, trailer and contents can be owned by different companies and operated by yet other independent companies. For this reason, it’s imperative that you work with a Florida truck accident attorney who is skilled in this area of litigation.

Do you know what to do if someone loses their life in a trucking accident?

Once again, it is important that you speak with a skilled truck accident attorney.  There are many processes that the families of the deceased must go through and it can be very overwhelming given the grief and stress they are already enduring.  Having the right attorney and her staff helping them through the process can provide a lot of relief at that time.

Did you know that Marianne Howanitz is a nationally recognized truck accident attorney?

I am always available to answer any other questions or concerns you might have about a truck accident. And, as always, there is no charge to you at any time until or unless a settlement is reached.  You may reach me at 352-512-0444 or through my website: www.ocalaaccidentlaw.com.

Did you know this fun fact?

The world’s most solitary tree is located at an oasis in the Tenere Desert in Central Africa. There’s not one other standing tree within 31 miles. In 1960, it was smashed into by a truck.

As always, stay safe out there friends!

YOUR #truckaccidentattorney, Marianne

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June is Post Traumatic Stress Disorder Awareness Month.  Most people don’t associate PTSD with vehicle collisions, but it is something that I see all the time. Todd Buckley, PhD, on the website U.S. Department of Veteran’s Affairs, says that researchers are looking more closely at motor vehicle accidents (MVAs) as a common cause of traumatic stress. In one large study, accidents were shown to be the traumatic event most frequently experienced by males (25%) and the second most frequent traumatic event experienced by females (13%) in the United States. Over 100 billion dollars are spent every year to take care of the damage caused by auto accidents. Survivors of MVAs often also experience emotional distress as a result of such accidents. Mental health difficulties such as posttraumatic stress, depression, and anxiety are problems survivors of severe MVAs may exhibit.

How many people experience serious motor vehicle accidents?

One unfortunate consequence of the high volume of commuter and personal travel in the US is the number of accidents that result in personal injury and fatalities. In any given year, approximately 1% of the US population will be injured in motor vehicle accidents. Thus, MVAs account for over three million injuries annually and are one of the most common traumas individuals experience.

How many people develop MVA-related PTSD and other psychological reactions?

Studies of the general population have found that approximately 9% of MVA survivors develop PTSD. Rates are significantly higher in samples of MVA survivors who seek mental-health treatment. Studies show that between 14% and 100% of MVA survivors who seek mental-health treatment have PTSD, with an average of 60% across studies. In addition, between 3% and 53% of MVA survivors who seek treatment and have PTSD also have a mood disorder such as Major Depression. Finally, in one large study of MVA survivors who sought treatment, 27% had an anxiety disorder in addition to their PTSD, and 15% reported a phobia of driving.

When do you seek help?

You should seek medical advice if your symptoms:

Are worrying you.

Are preventing you from doing your normal activities.

Have lasted longer than three months after the accident.

Are causing your friends and/or relatives to be worried about you.

If your symptoms don’t ease after 3 months, or if your symptoms are severe enough to stop you living your normal life, then you have may an anxiety disorder, such as post-traumatic stress disorder.

I hope this will help those of you out there who are suffering after a collision.  Please remember that we are always available to listen to you should you feel the need.

 

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A black box. Also known as event data recorder it is traditionally associated with airplane accidents because it helps the investigators to determine what went wrong. But the technology is no longer limited to aircrafts. In fact, you most likely have a black box beneath your seat or behind the dashboard in your car. Almost all new cars are already equipped with one of these small devices and if you drive a car that is not older from 5 years, you most likely have one yourself. If you are not sure whether your car is equipped with a car black box or not, you can check the owner manual. The data from the car black box is a reliable record of the driver’s actions few seconds before the accident and is an important piece of evidence when there are no witnesses of the accident or/and the drivers are blaming each other for causing the collision. It records various data depending from one car to another, most often the speed, turning, braking, accelerating, decelerating, etc. about five seconds before the collision. However, those five seconds are usually enough to get the necessary information about the events that led to the accident. Even more, the data from the car black box has been also used as evidence in the courts and had a major influence on the outcome of the trial.

It is vitally important to contact an experienced Personal Injury Attorney as soon as possible after your accident in order to preserve as much evidence as possible.