Tuesday, November 29, 2016

Risks of Children in Fall Sports Leagues

During the Fall season, many young children participate in fall sports such as soccer, football, wrestling, and field hockey, to name a few. Many, if not most, of these sports are high-energy contact sports. Although we often like to think of children as malleable and able to bounce back from any injury, oftentimes young children can suffer horrible injuries that have a lasting impact on their lives.

Common Sports Injuries

A few types of injuries are fairly common in fall sports:

Torn ligaments
Broken or fractured bones
Muscle strains or injuries
Heat-related injuries
Concussion (especially in football)

Overuse Injuries

Overuse injuries are very common with children and young adults and require special consideration. Although participation in sports is great for children and promotes exercise, too much sports activity can lead to injury. Overuse injuries gradually occur over time and are not very easy to diagnose. An example of an overuse injury could be an elbow injury on a baseball pitcher who pitched every game in a season. A swimmer who trains every day may suffer a shoulder injury.

Overuse injuries are especially troubling with children and young adults because they are still growing. Overusing a muscle or other part of the body can potentially stunt growth and may lead to other long-term health problems that prevent these children from growing up to live normal lives.

Treatment and Prevention

It is important to pay attention to your children if they are participating in sports. Ask them what types of things they do when they play the sport. Make sure they incorporate proper stretching practices. Keep them hydrated. Help them ice down their joints after a long game. Most importantly, if you child has expressed that they are suffering from some kind of pain or other discomfort, then it is important to consult with a doctor immediately. If you are unsure if your child is physically fit to participate in a given sport, consider having them evaluated by a doctor before allowing them to try out for a sports team. If the sport requires the child to wear protective equipment, inspect the equipment yourself to ensure that it is free of any defects.

Sports Injuries and Florida Law

Despite taking the necessary precautions, injuries are still likely to happen in sports. Although children generally assume the risk of injury, there may be potential redress from those who were responsible for supervising the child’s activities. Coaches, schools, and sports organizations may be found negligent and forced to pay damages if they failed to prevent harm when it was reasonably foreseeable. For instance, a coach who sends a child into a game, knowing that the child could have a potential concussion, could be liable for any harm that child suffers from continuing to play in the game.

Contact a St. Petersburg Personal Injury Attorney Today for a Free Consultation

If your child has been hurt or injured while playing a sport for a school or organization, contact the experienced personal injury attorneys of Dolman Law Group today at 727-222-6922 to discuss your potential lawsuit. We offer free initial consultations and will not charge you’re a penny until we obtain a judgment or settlement in your favor.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922

Tuesday, November 22, 2016

Defective Motorcycle Safety Gear

It is common knowledge that motorcycles are less stable and often times less visible than cars and can have high performance capabilities. The lesser stability and lesser visibility on the roads, along with the lesser protection they provide to their riders, put the riders at a high risk of grave injuries in crashes where they are most likely to be seriously injured or even killed. The federal government estimates1 that per mile traveled in 2014, the number of deaths resulting from motorcycle crashes was over 27 times higher than the number of cars.
Motorcycle Helmet Use and Head and Facial Injuries
In 2009, the U.S. Department of Transportation, the National Highway Traffic Safety Administration conducted a study on motorcycle helmet use and head and facial injuries. This report examined the relationship between motorcycle helmet use and motorcycle crash outcomes in terms of injury types, hospital charges and other variable data. The study found that helmeted motorcyclists were less likely to experience facial and head injuries compared to un-helmeted motorcyclists. Additionally, helmeted motorcyclists were significantly less likely to experience a traumatic brain injury.2
Florida Helmet Laws
Florida Statutes, particularly Title XXIII, Chapter 3163 states that no person may not operate or ride upon a motorcycle “unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with the Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.” This statute further specifies that a person may also not operate a motorcycle “unless that person is also wearing an eye-protective device of a type that is approved by the Department.”
How to Determine Whether a Motorcycle Helmet is Safe
There seem to be many different guidelines on what is making a motorcycle helmet safe. One such measurement is the DOT (Department of Transportation) certification. There is another certification available and it is provided by the Snell organization. Experts generally agree that the DOT certification represents the minimum standards of helmet testing. While the Snell organization’s certifications are more stringent, it is important to be aware that there is no single helmet which protects all riders from all accidents that are possible. However, a certified helmet is usually the safest choice.

Defective Helmets and Resulting Consequences
Defective motorcycle helmets can increase the injury a motorcyclist may sustain in an accident. Considering research results pointing out the safety of riding with motorcycles and most states requiring the use of helmets, it is surprising that 90% of motorcycle fatalities involve a motorcyclist not wearing a helmet. Even for those motorcyclists who carefully consider the type of the helmet and its safety aspects it provides, some helmets leave factories with defects. Often times, a defect in the helmet itself cannot be seen until it has been in an accident. When a helmet fails to perform to the level suggested by the manufacturer or safety regulating agency and a motorcyclist sustains an injury in a collision, the individual or the motorcyclist can possibly pursue a product liability claim against the manufacturer for past and future medical care.
Types of Motorcycle Helmet Defects
In the United States, motorcycle helmet safety is overseen by the Department of Transportation and any malfunctioning equipment is investigated by them. One of the most common helmet defects is helmet ejection, where the helmet does not stay on the rider’s head upon impact. Another common helmet malfunction arises when the helmet is improperly delivered and the outer padding fails to absorb a majority of impact and the inner padding fails to protect the brain from moving too much. Both of these malfunctions can have serious consequences for the motorcyclist. Those consequences can lead to major brain injuries in an accident leading to coma, disability or even death.
Helmet Defect Product Liability Cases
In order to determine whether a defective helmet has contributed to your injuries, it is important to examine the helmet. An early investigation is critical as often times there are certain periods within which a lawsuit must be filed – called the statute of limitations. Often times experts need to be retain so that they can conduct their own testing to determine the exact nature of how the helmet failed to protect you and whether it conformed to the required standards.
Call a St. Petersburg Motorcycle Accident Attorney Today
The experienced products liability attorneys at the Dolman Law Firm can assist you after you have been in a motorcycle accident and can help you determine whether the injuries you suffered have resulted from a defective motorcycle helmet. Please call our St. Petersburg office at (727) 222-6922 for a free consultation today.
Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922

Tuesday, November 1, 2016

Reasons You Should Not Trust 411-PAIN

After you are injured in an auto accident, you likely know that you should call 911 to make sure the proper authorities and emergency medical personnel come to the scene of the accident. However, following that call, you may likely be concerned about the cost of your injuries and treatment and you might not know where to turn. Suddenly, your brain remembers familiar advice from television commercials - after calling 911, you should then call 411. This is referring to the 411-PAIN hotline that purports to help car accidents victims receive the medical care they need and up to $10,000 in compensation for their injuries. Since many victims do not know any personal injury lawyers off the tops of their heads, it may seem simple to pick up the phone and call.

The unfortunate truth is that many people do not receive favorable results from calling 411-PAIN, 1-800-ASK- GARY, and similar lawyer and medical referral services and others may actually end up in a worse position than they were just after the accident. In fact, many insurance advocates and even the Florida Bar have criticized these services and tried to restrict them.1 The following are only some of the many reasons why you should be skeptical of such referral services.

The Person You Talk to Likely Does Not Know the Law

The person who was hired to answer the phone certainly does not have a law degree and likely does not have any legal education or experience at all. This person will try to give you advice on the best way to proceed to receive compensation for your injuries, yet they may have little to no knowledge of your legal rights in that situation.

The $10,000 Promise is Not Arbitrary

These services choose the figure $10,000 based on the maximum benefits most people can get from their Personal Injury Protection (PIP) insurance policies, which are required by Florida law.2 However, they fail to address that every case is different and the compensation you will need may be much less or much more than that $10,000 figure that is advertised.

They have Their Own Network of Doctors

At first, having a network of medical professional at their disposal may seem like a good thing, especially if you do not have a primary physician of your own or do not know where to turn for specialized treatment of your injuries. However, the doctor who provides the specific type of treatment you need may not be in the network. For example, if you need surgery and they send you to an in-network chiropractor instead, your recovery may take significantly longer and may cost more.

Their Personal Injury Lawyers want You to File a Lawsuit

Many car accident victims are able to settle their cases without filing a legal claim. However, when 411-PAIN connects you with an attorney, they may push you to file a lawsuit. If you win a lawsuit, the attorney gets a portion of your settlement as a fee, but it will also generally drag out your case and your recovery may be significantly less than if you had pursued compensation through your insurance instead of filing an unnecessary claim.

Instead of 411-PAIN, Call a Knowledgeable and Trustworthy Auto Accident Law Firm

While promises of an easy $10,000 in your pocket may make it tempting to call referral programs such as 411-PAIN, like so many other things in life, you will likely find the promise is too good to be true. Instead of taking the risk of wasting your time and money on a large-scale referral system run by non-lawyers and repeatedly criticized by the Florida Bar, you should contact a skilled attorney who is committed to protecting the best interests of car accident victims.

At Dolman Law Group, consultations are always free and we do not collect any fees unless you get a favorable result in your claim. We will never push you into medical treatment you do not want or need and will always stand up for your rights to recovery. Please call our St. Petersburg car accident injury lawyers today at 727-222-6922 or fill out our online form for help today.

Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922