Slinkman, Slinkman & Wynne safety tips: driving during school days in Florida

school bus unloading

The middle of August here in Florida means several things: the summer season weather-wise (hot and humid) is about half over, but more importantly, schools are back in full swing. Even if you do not have any children that are school-age, you know school is back in session with the significant pick up in traffic and congestion on the roadways as you try to make your way to and from work. That also means you must be significantly more careful where ever you are driving at this time of year.

Therefore, we will do a 2-part blog on driver safety during school days. This first part is a refresher of general driving safety tips for all drivers at this time of year to help keep kids, other drivers and yourself accident and injury-free during school days. In the second part we will share with you some safety tips for parents and others driving kids to and from school:

  • Plan to leave your home a few minutes earlier than you did during the summer to get to your destination.
    • Between school buses, kids walking and on bikes, and parents trying to drop off or pick up their kids, traffic congestion is significantly more than it was just two weeks ago. Adjust for that so you keep yourself from getting frustrated, angry and impatient behind the wheel.
  • Slow down and pay attention to the road AND the surrounding sidewalks
    • Even the safest of drivers can not predict a child darting out into the middle of the road apparently out of nowhere. The slower you are driving, the more time you will have to react when unexpected, potentially dangerous actions by others, particularly kids, happen.
  • Do NOT pass a bus that has its “Stop Sign” and blinkers on. Ever.
    • Of course we all have had that morning we are running late, and then we get stuck behind a school bus stopped to pick up kids… and it is taking forever. There is no one on the other side of the road, and it looks so tempting to go around the bus and continue on your way. Don’t do it. The leading cause of death among kids and teenagers is accidents/unintentional death, according to https://medlineplus.gov/ency/article/001915.htm

 

If you or a person you care about gets injured or killed in an automobile accident caused by negligent driving or you simply have a question about a potential personal injury situation that you have not yet had answered, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation: our phone number is (561) 686-3400 and our email address is info@sswlawfl.com.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving children happen. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Slip and Fall, Defective Products, Motorcycle accidents, Boating accidents and many other types of legal situations where injury or death has occurred.

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne, where we have been devoted to protecting south Florida families for over 40 years.

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Car seat laws improved but need to go further in Florida to protect more of our children

Beautiful happy girl with teddy bear sleeping in the car

Schools across the state of Florida are letting out for summer break this coming week. That means that the summer driving season is upon us, where families will be driving around the state of Florida and to much more far-flung places around the country to visit relatives, friends and the multitude of tourist attractions that this great country of ours has to offer. Now is the perfect time to remind all of you who will be traveling this summer Florida’s most up-to-date car seat and restraint laws for children.

 

The most recent changes went into effect about a year and a half ago, on January 1st, 2015. Here is a quick refresher of the series of requirements, as stated in the 2015 Florida Statutes:

  • Children through the age of 3 must be secured in a federally-approved car restraint seat.
  • Children through the ages of 4 and 5 must be secured in a car seat or booster seat. Which one depends upon their size.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.613.html

 

These additions to the state law increased requirements up through the age of 5. Before the beginning of last year, car seat requirements for children in the state of Florida only covered up through the age of 3. Although this is certainly an improvement, a number of child safety advocates continue to lobby for Florida state politicians to bring our laws in line with other states or to the standards recommended by the American Academy of Pediatrics’ that children by restrained in a booster seat until they are at least 4 feet, 9 inches (57 inches) tall.

 

St. Joseph’s Children’s Hospital child advocacy supervisor Bevin Maynard was quoted as saying by the Tampa Bay Times that the magic number “is not weight or age. It is height.”

 

She has had quite a bit of experience working with children and their families when a child has been seriously injured in an automobile accident. She knows that statistics from the National Highway Traffic Safety Administration state that the leading cause of death for children between the ages of 5 and 14 in the United States is improper restraint when in a traffic accident.

 

Some information for this blog post including the quote from Bevin Maynard was shared from the following article:  http://www.tbo.com/news/politics/new-florida-car-seat-law-takes-effect-jan-1-20141221/

 

If your child or the child of someone you know is injured in an auto accident you probably need a lot of comfort, in addition to expert legal advice on what to do. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that car accidents unfortunately happen all the time. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability, Boating Accidents, Motorcycle Accidents and many other types of legal situations where injury or death has occurred.

Our main office is in Jupiter, Florida at 1015 W. Indiantown Road, Suite 101A. We have litigated cases in Palm Beach County and throughout the state of Florida.

 

Texting & Driving: a preventable cause of too many deaths and injuries on Florida roadways

Stop Texting While Driving Sign

The time has come. In fact, it has long since passed. And now we have another year’s worth of statistical data that shows beyond a shadow of a doubt that we need more of a deterrent to stop texting and driving – and most other forms of cellphone usage while operating a motor vehicle.

In the state of Florida in 2015 alone 214 people were killed in accidents caused by “distracted driving.” An astounding 39,396… yes, over 39,000! Were injured. We ask every single citizen of this state – when is enough enough? How many more lives need to be lost or forever changed for the negative because of someone else’s negligence?

The fact is that our states’ laws against texting and driving, and cellphone usage while driving in general are some of the most lax in the entire country. For example, texting while driving is still considered a “secondary” offense here in Florida. A secondary offense means that you must get pulled over for committing some other offense before you get cited for texting while driving as well.

How many more lives will be lost needlessly and carelessly before we as a state get serious about curbing “distracted driving”? Our drinking and driving laws have become significantly more costly – in both money and freedoms taken away – than they were just a few short years ago. The same needs to happen with Florida’s texting and driving laws, as well.

Here are several websites we have mentioned before, such as http://www.textinganddrivingsafety.com/ and https://noys.org/ to see what you can do to help spread the word on curtailing texting and driving with teenage drivers, and all other drivers.

If you are injured in an auto accident because the other driver was texting, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving cell phone usage happen all the time now, unfortunately. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Auto Accidents, Boating Accidents, Motorcycle Accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability cases and many other types of legal situations where injury or death has occurred.

Required personal injury protection benefits in Florida – what they mean to you as a Florida resident

Personal Injury Claim

Most people who live here in Florida are aware that the state has a series of laws called the Florida Statutes that are “a permanent collection of state laws organized by subject area into a code made up of titles, chapters, parts, and sections. The Florida Statutes are updated annually by laws that create, amend, transfer, or repeal statutory material.”

http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes

Included amongst the 2015 Florida Statutes is an entire section on Insurance: Title XXXVII, Chapters 624 through 651. Chapter 627 of this section covers Insurance Rates and Contracts. 627.736 refers to “Required personal injury protection benefits; exclusions; priority; claims”

At Slinkman, Slinkman & Wynne, P.A. we realize that most Florida residents reading this blog do not want to read through the rather complicated and long-winded statutes that discuss insurance requirements. You want to know what they are and how they affect you and your loved ones, in plain English.

Since the last changes to the statutes in 2012 & 2013, Florida drivers have been required to carry the following minimum insurances:

  • $10,000 in personal injury protection (PIP) benefits, and
  • $10,000 in property damage liability (PDL) benefits.

Florida does not, however, require drivers to have bodily injury liability (BIL) benefits (which pay the costs of others’ injuries if a crash occurs). Most other states do require you to have BIL benefits in your insurance coverage. All auto insurance policies must be purchased from insurers licensed to do business in Florida. Driving without insurance in Florida is illegal, and a driver may have his or her license suspended if caught driving without at least the minimum required insurance. To get a license reinstated, a driver has to show proof of insurance on every vehicle owned in the state of Florida, and must pay a fine of up to $500 per violation.

These are just the basic rules of insurance as they are presently constituted here in Florida. Our Board Certified lawyers from Slinkman, Slinkman, & Wynne are the right lawyers to get you the best settlement that you deserve based upon your unique set of circumstances when you have been involved in an automobile accident.  We will find out what coverage you and all of the motorists involved in the accident have – making sure to ask all of the right questions of all companies and interested parties in your case.

If a person you care about gets hurt or killed in a car, motorcycle or boating accident, or you simply have a question about a potential personal injury situation that you have not yet had answered, please call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we understand that motor vehicle accidents happen every day. We also understand that not everyone has the minimum insurance coverage required under the current state statutes.

We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

 

Why you need a lawyer if you are the victim of a car accident caused by a drunk driver in Jupiter, Florida

car crash accident on street, damaged automobiles after collisio
car crash accident on street, damaged automobiles after collision in city

With the holiday season upon us comes lots of food, fun, good cheer – and many opportunities for drinking, partying and driving. Unfortunately, there are some people who drink too much. Accidents that involve drinking and driving spike at this time of year, according to the National Highway Traffic Safety Administration (NHTSA). In fact, the number of fatalities rises 25% on an average day during the holiday season, and as much as 50% over the New Year’s holiday.

 

If you are involved in an accident caused by someone who is impaired by drugs or alcohol in the state of Florida that person is held responsible for all damages incurred. That is obvious to most people. Fewer people realize that in this scenario they are also considered a victim of a criminal act under our state law.

 

Obviously, drunk drivers are responsible for all damages incurred when they cause an accident. In addition, since Florida does not require mandatory insurance for car owners, there may be another defendant that you can recover money and damages from. Who is that? The person or restaurant who served the drinker the alcohol, that’s who.

 

 

According to Florida Statute 768.125 “Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.” – http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.125.html

 

It is usually simple proving a defendant served alcohol to a minor.  However, it often takes a lot more work to prove a defendant served alcohol to a habitual drunk.  Several of the points you must prove are:

  • how long the person has had an alcohol problem
  • the frequency of their drinking
  • how often the person frequents the establishment
  • how much contact and their behavior with the employees of the establishment that night, and before
  • what was the person’s specific behavior and alcohol consumption on the night of the incident.

 

These are just a few of the important questions that your attorney must get answers to for you to have a chance at winning a case against the person or establishment that served the drunk driver. You need to hire a law firm with lawyers who have the experience and knowledge combined with the dogged determination to get all the information to help you win your case.

 

If you or a person you care about gets injured in an accident caused by a drunk driver or you simply have a question about a potential personal injury situation that you have not yet had answered, call us now at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

 

At Slinkman, Slinkman, & Wynne, we know that drunk driving accidents happen all the time. If you are in an accident because of the negligence of another driver, or the establishment who overserved that person, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where someone you love has been in an accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Slip and Fall, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

Question: what is Arbitration?

Arbitration like mediation is an alternative to litigation.

Arbitration is generally conducted with a panel of multiple arbitrators who take on a role like that of a judge, make decisions about evidence and give written opinions (which can be binding or non-binding). Although arbitration is sometimes conducted with one arbitrator, the most common procedure is for each side to select an arbitrator. Then, those two arbitrators select a third arbitrator, at which point the dispute is presented to the three chosen arbitrators. Decisions are made by majority vote.  Many times arbitration is required in a contract and the contract will set forth which persons can sit as arbitrators.  The main reason for this is to ensure that the arbitrators have an understanding and knowledge of the industry in which the arbitration is dealing with.  For example, a contract between a pool construction contractor and a homeowner might require binding arbitration if there are any disputes regarding the construction of the pool. The contract can require that the arbitrators must be active members of the Association of Pool and Spa Professionals.  Having this requirement in the contract can provide some piece of mind to the contractor due the fact that the decision maker is intimately familiar and works in the pool or spa industry.

One of the benefits of choosing arbitration over litigation is the fact that the arbitration process is generally faster.  According to a study by the Federal Mediation and Conciliation Services, the average time from filing to decision was about 475 days in an arbitrated case, while a similar case took from 18 months to three years to wend its way through the courts.

Another benefit to arbitration is that the parties have flexibility as to when the arbitration will occur allowing the parties to agree to a date, time and location which is convenient for them.  In comparison when a matter is in litigation the trial date is dictated by the Judge’s schedule with the parties having little to no input in the decision as to the trial date.

While not every case is perfect for arbitration, it is an avenue which can be effective and should be considered by the parties to a dispute prior to filing a lawsuit.

For more from FindLaw, go to http://adr.findlaw.com/mediation/mediation-vs-arbitration-vs-litigation-whats-the-difference.html

Ryan Wynne, the author of this article, is an attorney with the firm Slinkman, Slinkman & Wynne, P.A. who has practiced law in south Florida since 2007.

If you want to learn more about mediation, arbitration, litigation and what the chances are of your personal injury case settling before going to trial in Jupiter, Palm Beach Gardens, West Palm Beach, Stuart, or anywhere else in the state of Florida then you should contact Slinkman, Slinkman & Wynn, P.A. Or, if you have questions about many other real world legal issues in cases of serious injury claims, auto accidents, wrongful death, medical malpractice, motorcycle accidents, boating accidents, nursing home, products liability, insurance litigation, law enforcement misconduct, commercial law and other personal injury cases in Jupiter, West Palm Beach, or throughout the state of Florida, you need to contact a firm with a level of expertise that yields results. That firm is Slinkman, Slinkman & Wynn, at http://www.sswlawfl.com.

Our office is located at 1015 W. Indiantown Road, Suite 101A in Jupiter, Florida. You can contact us by phone at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

Medical Malpractice – what happens when a healthcare professional acts negligently?

Medical Malpractice picture

Being a medical practitioner is not an easy job.  Most people do not realize how fragile their bodies really are – and making them healthy and strong after an injury or sickness rarely happens overnight. Although most doctors and nurses do great work every single day, once in a while they make mistakes just like the rest of us.

Sometimes those mistakes are unavoidable… while other times, unfortunately, they are not.  If you or a loved one have been injured by the carelessness of a doctor, hospital, nurse, or other health care provider, the attorneys at Slinkman, Slinkman & Wynne can help you pursue a case against the negligent party.

Medical Malpractice

When a healthcare professional acts negligently, causing injury or death to a patient, that patient or their loved ones may be entitled to collect damages. The attorneys at Slinkman, Slinkman & Wynne are experienced professionals in seeking due compensation for such occurrences.

Medical malpractice is a form of negligence that happens when an injury or wrongful death occurs due to the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist, psychologist, hospital, healthcare facility, etc.) to exercise the appropriate care, skill or diligence necessary to properly care for the medical condition. All medical providers, including doctors and nurses, have a duty to use the appropriate care and diligence to diagnose your illness and provide the proper treatment for such illness.

An important factor to note in the determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. Simply put, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community. At Slinkman, Slinkman & Wynne, P.A. we will help you to determine “duty of care” and many other important factors in your particular situation to see if you have a legitimate case.

Some of the types of medical malpractice that our attorneys pursue cases in are:

  • Surgical errors
  • Failure to properly diagnose
  • Birth injuries
  • Emergency room errors
  • Negligence in carrying out the surgery or treatment
  • Nursing home neglect and abuse
  • Brain injury
  • Hypoxia brain injuries
  • Hospital or home treatment negligence
  • Retained sponges or other retained instruments
  • Prescription errors

As with all type of cases, you only have a limited amount of time in which to pursue a medical malpractice case. Take control of the situation and get the compensation you deserve for your injuries. Enlist the help of our attorneys that work on your behalf to pursue your case and obtain the recover that you deserve. If you or a loved one were injured as a result of medical malpractice or you simply have a question that has not yet been answered, please call Slinkman, Slinkman & Wynne.

At Slinkman, Slinkman, & Wynne, P.A., we understand that Medical Malpractice can occur even with the best doctors or nurses. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to Medical Malpractice. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you or your loved one has been injured or killed in a case of Medical Malpractice, then go to http://sswlawfl.com/areas-of-practice/medical-malpractice/. We also specialize in Accident & Serious Injury, Wrongful Death, Defective Products and many other types of legal situations where injury or death has occurred.

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

Contact us today for a FREE initial consultation. Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Check out our website at http://www.sswlawfl.com.