NOYES LEGAL NEWS

Preventing Car Accidents in the Rain

With rain comes car accidents. It is a common saying here in Tampa Bay that most drivers don't know how to drive in the rain. As a result, automobile crashes are quite common on wet days. With hurricane season approaching, let's brush up on driving tips that could prevent you from being in a car accident during a rainstorm.

A few driving tips that can reduce your chances of causing a car accident in the rain include:

1. Go slowly, but not so slowly that you become a target. When it rains, visibility is reduced and braking distances increase.
2. Use your headlights. Today's cars do this for us, but remember, it is the law--if it is raining, you must use headlights.
3. Be a follower. Driving in the tracks of other vehicles can improve traction and help avoid hydroplaning. Also, stay towards the middle lanes because water tends to pool in the outside lanes.
4. Don't fog up. Use your defroster with your air conditioning to keep the air dry and prevent windows from fogging.
5. Watch for brake lights in front of you. Maintain a safe distance so you can avoid using your brakes if possible. Taking your foot off the accelerator may be all you need to do. This prevents losing control by slamming on the brakes.
6. When driving through a puddle of uncertain depth, go slow. If it's deeper than the bottom of your doors, turn around and find another route. Deep water can cause serious damage to a modern car's electrical system.
7. Check Your Tires. Bald tires significantly reduce your traction on wet roadways, and offer little resistance to hydroplaning. When your tires run over water, the water is displaced and it needs somewhere to go quickly. The best place is between the treads of your tires. If your tires are bald, the water has no place to go and you end up riding on a layer of water, like a boat.

These tips may prevent you from causing a car accident, but remember that you are not alone on the roads. Many drivers will not follow any of these safe driving tips in the rain. You can be 100% careful, but someone else may not be resulting in you or your family being injured in a car accident. So, drive safely in the rain, but watch out for those who don't.

---------------

Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents and other types of negligence. His Clearwater personal injury law firm -- Perenich Caulfield Avril & Noyes -- is one of Tampa Bay's oldest personal injury law firms. Insurance companies have attorneys working for them after your car accident, so should you. Call Personal Injury Attorney Matthew Noyes at 727-796-8282 for a free case consultation or simply click here to schedule a fee case consultation.

Avoid Car Accidents This Graduation Season

Car accidents and high school graduation--an unfortunate combination. According to the National Highway Traffic Safety Administration, more than one-third of youth under the age of 21 killed in alcohol-related fatalities died during the months of April, May and June - prom and graduation season.

However, there are ways to reduce the risk of graduating seniors dying or getting seriously injured in automobile accident during graduation season. Here are a few tips:

• Don’t drink and drive or get in a car where the driver has been drinking. We hear it all the time, but it is one of the simplest ways to avoid death or injury in a car accident.
• If you do drink or if your ride does, have a backup plan. Parents should have a "Come Pick Me Up with No Questions Asked" policy with their kids to encourage them to call them if they feel it is unsafe to drive or ride in another car.
• Plan, plan, plan. Something about weddings and graduations--people are always running late. Plan ahead so you are not speeding to get there.
• Turn the volume down. Distracted driving is the number one cause for car accidents. Save the singing with your friends for the post-graduation parties!
• Ride in style: Rent a limo! Get a group of friends together and split the cost.
• Reduce the number of teenage passengers. Car accident risks increase with the number of teenage passengers in the car.

Graduates, treasure this time. Make graduation full of happy memories-not tragic ones.

Even if you don't have a teenager graduating in the upcoming weeks, it is important to remember that many teenagers won't be following these tips, thus putting you and your family at risk. Drive safely and watch out for those who don't.

--------------

Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, and other types of accidents. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. As one of Clearwater's first personal injury law firms, we understand what needs to be done to protect your rights after a car accident. Call Attorney Matthew Noyes today at 727-796-8282 or simply click here to schedule a free case consultation.

Fatal Motorcycle Accident Reminds Us to Drive Safely Through Intersections

The intersection of Belleair Road and Belcher Road in Clearwater is very well known to me as I live very close to it. Yesterday, my wife was driving home and saw a horrific motorcycle accident at that intersection. From what she saw, she knew that someone was killed in that crash. Sadly, she was right.

18-year-old Angelica Hall was a passenger on the motorcycle driving by Shay Lydon as he ran the red light on Belcher & Belleair Roads. A crash occurred causing Miss Hall to be thrown from the motorcycle. She died on the side of the road. The driver and passenger of the other vehicle -- 62-year-old Charles Manning of Arkansas and 70-year-old Patricia Muth of Clearwater -- were taken to Bayfront Medical Center with serious injuries.

A family now must mourn the loss of their daughter, sister, and friend. Others are recovering from serious injuries and must live with the knowledge that they were involved in a car accident that resulted in the death of a teenager. This tragedy could have been avoided if the motorcycle stopped for that red light.

The seconds or minutes you save by gunning it through a yellow light to beat the red light isn't worth the suffering and loss that Angelica Hall's family must suffer through or the pain that Mr. Manning and Ms. Muth must go through now after this motorcycle accident. Our loved ones travel through these intersections every day. We would want the other drivers to drive safely to protect our loved ones. We should do the same to protect others' loved one.

 

Social Security Disability Benefits for ALS

May is National ALS Awareness Month. Amyotrophic lateral sclerosis, more commonly referred to as Lou Gehrig’s disease, is a progressive neurodegenerative disease that attacks nerve cells and pathways in the brain and spinal cord. More than 5,600 people each year are newly diagnosed with ALS.

Living with ALS impacts both the patient and his or her family. However, Social Security Disability benefits should be available. People who have ALS meet the medical qualifications for Social Security disability benefits because ALS is one of Social Security’s “Compassionate Allowances.” A Compassionate Allowances condition is one that the applicant’s disease or condition clearly meets the statutory standard for disability. The agency can quickly identify potential Compassionate Allowances and then quickly make decisions and begin monthly benefit payments. In essence, it speeds up the approval of your Social Security Disability (SSDI) claim.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. There are now more than 100 Compassionate Allowances conditions. The complete list of Compassionate Allowances conditions can be found at www.socialsecurity.gov/compassionateallowances.

If you or a loved one is battling a disability that prevents them from being able to work, you should consult with a Social Security Disability attorney who can explain your rights and responsibilities. Don't battle the Social Security Administration alone. For a free consultation regarding your Social Security Disability (SSD) claim with Attorney Matthew Noyes, call 727-796-8282 or simply click here to schedule a free assessment of your claim.

Car Accidents Cause More Teenage Drivers Deaths With Other Teenagers In the Car

Sadly, car accidents kill friends and family members no matter their age. However, a teenage driver's risk of dying in a car accident increases dramatically when there are other teens in the car, according to a recent study was conducted by AAA's Foundation for Traffic Safety. Using date on teen crashes from 2007 to 2010, the study concluded that teens driving with their friends in the car continue to be far riskier than driving alone or with an adult.

According to the research, a 16- or 17-year-old driver's risk of death per mile driven increases 44 percent when carrying one passenger younger than 21 compared to driving alone, the study found. The risk is double when carrying two passengers younger than 21 and quadruples when carrying three or more passengers that age. However, the risk of a teen driver dying in an accident when a passenger aged 35 or older is in the vehicle decreases 62 percent, the study said.

Between 2000 and 2010, nearly 2,200 younger teen drivers were killed in automobile accidents. Forty percent of those killed in car accidents had at least one passenger under 21 -- and no older passengers -- in the vehicle, the study said.

Summer is the deadliest time of year for teen drivers and their passengers. An average of 422 teens die monthly in car crashes during summer compared to an average of 363 teen deaths from car accidents during the non-summer months.

So, whether it is other teenagers in the car, text messaging, loud music or other distractions, it is important that our teenage drivers understand the risk of driving and the chances of dying in a car accident.

No matter how old you are, drive safely and watch out for those who don't.

--------------

Personal Injury Attorney Matthew Noyes represents teenagers injured in car accidents caused by teenage drivers (and other drivers). His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- is one of Tampa Bay's first personal injury law firms. Benefit from their experience! For a free case consultation, call Attorney Matthew Noyes at 727-796-8282 or simply click here to schedule a free consultation.
 

Attorney Matthew Noyes Interviewed By Fox News on Florida PIP Law

Treatment for car accident injuries will change dramatically soon. On Friday, Florida Governor Rick Scott signed a law which reduces the rights of people after an automobile accident. As of January 1st, your rights for medical care after a car accident can be reduced from $10,000.00 to $2,500.00 without you even knowing about it. Recently, Attorney Matthew Noyes was interviewed by Tampa Bay Fox about this subject. Click here to read the article on the report.

The new PIP law is bad for consumers for a variety of reasons. Here are just a few:

1. The law requires every car owner to buy $10,000 in Personal Injury Protection (PIP) benefits and the carrier charges premiums for this amount. However, if you don't go to a doctor within fourteen (14) days of a car accident, the insurance company doesn't have to pay a penny in PIP benefits even though you paid premiums.

2. Even if you go to a doctor within fourteen (14) days of the automobile crash, if you don't see a type of doctor the law mandates, your benefits will be reduced to $2,500 even though you paid premiums for $10,000 in PIP benefits. Since when did Government get the power to dictate to us on what type of doctor we can see?

3. Even if someone involved in a car accident sees the type of doctor that the Florida legislature tells us we have to see within the fourteen days after a car accident, the benefits will still be reduced to $2,500 (even though you paid premiums for $10,000) if the doctor doesn't use the magic words of "Emergency Medical Condition."

4. Even if someone injured in an automobile accident sees the type of doctor mandated by the law within the mandated period and that doctor diagnoses the person with an emergency medical condition, the insurance company can still take the position the position that the injured person does not have an emergency medical condition and refuse to provide $10,000 in PIP benefits.

Remember, this law is supposed to protect someone who is injured in a car accident because of the fault of someone else. It is supposed to provide the person with the ability to treat for injuries after a car accident without having to sue the at-fault driver. Now, more litigation will occur--both against at-fault drivers and against the insurance companies because of their denial of PIP benefits. Mark my words--the next argument you will hear is that we need to get rid of the lawsuits relating to PIP by taking away the right to sue drivers and insurance companies after a car accidents. The Government is already telling us who we can treat with and locking us out of our chosen doctors' office. Soon they will put a padlock on the courtroom doors as well if we let them.

-------------

Personal Injury Attorney Matthew Noyes fights for those injured in car accidents, motorcycle crashes, bicycle accidents and other types of accidents even when the Government tries to rip the rights away from the individuals. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Benefit from their experience! If you or a loved one has been injured, call Attorney Matthew Noyes at 727-796-8282 or simply click here to contact his office to schedule a free case consultation.

Car Accident Shoulder Injuries -- Often Overlooked

A car accident can often result in a shoulder injury. These injuries sometimes are caused by the seatbelt locking in during the automobile crash. Unfortunately, shoulder injuries are sometimes overlooked initially because the primary injury may be neck pain or back pain. By focusing on the primary injury, radiologists sometimes miss the secondary shoulder injury, which can compromise treatment effectiveness. However, new proposed protocols for emergency room radiologists may confirm the traumatic shoulder injury.

According to Medical News Today, trainees in the Brigham and Women's Hospital Radiology Residency Program developed new protocols aimed at drawing ER radiologists' attention to the potential presence of secondary shoulder injuries. These protocols, which have been awarded the 2012 Gold Medal by the American Roentgen Ray Society (ARRS) and were presented at the 2012 ARRS Annual Meeting in Vancouver, Canada.

The research team used images from multiple imaging modalities to illustrate the force mechanisms that cause the five most common types of traumatic shoulder injuries -- dislocation, proximal humerus fracture, shoulder separation, clavicle fracture, and scapula fracture. For each type of injury, the team developed guidelines for the optimal use of imaging in diagnosing the injury. For example, they recommended that the goal of imaging acute shoulder dislocations is to "address immediate complications and identify risk factors which could lead to the development of chronic shoulder instability." With simple and practical protocols for understanding the mechanisms of primary shoulder injuries, appropriate treatment can be started to reduce the limitations and restrictions caused by a shoulder injury.

As a side note, the new Florida PIP law restricting payment of PIP benefits after a car accident to only those injuries diagnosed within the first 14 days after the car accident could have a horrible impact of treatment for these types of shoulder injuries caused in automobile accidents. If the shoulder injury is not properly addressed in the beginning, the injured person is not allowed to use the insurance coverage he or she paid for for injuries that are clearly related to the car accident. This is just one more example of how the Florida legislature puts self-interest in front of the citizen’s interests and passes the PIP law without appreciating the impact it will have on getting proper medical care after a car accident.

So, if you or your friend or family members are injured in a car accident, it is important that they seek an evaluation for a possible shoulder injury immediately. The consequences of later-discovered shoulder injury could have life-changing impact especially if there is no PIP insurance benefits to provide treatment for the automobile-accident caused shoulder injury.

---------------------

Personal Injury Attorney Matthew Noyes has represented many car accident clients who are diagnosed with a shoulder injury after the neck pain and spasm subside a bit. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients after automobile accident, motorcycle crashes, and other accident types since 1955. Call Attorney Matthew Noyes at 727-796-8282 to schedule a free case consultation or simply click here to contact Personal Injury Attorney Matthew Noyes.

Workers' Compensation Benefits Denied for Injury Caused by Public Urination

Workers' compensation claims can happen in the weirdest ways. However, they are not always compensable.

Recently, Florida 1st District Court of Appeals opined that the Judge of Compensation Claims was right in denying a lock technician’s claim for workers' compensation benefits while being "on call."  The case was about an employee whose employment required him to be in an 'on call waiting to be engaged' status during his shift. The employee was only compensated for the time spent responding to a call and could pursue his own interests between calls. Apparently, one of his own interests between calls is answering to nature's call and going to the bathroom.  On the date of accident, claimant testified he was on the way to a service call when he stopped at a vacant lot to relieve himself. He contends that during his return to his vehicle, he stepped into a hole, fell to the ground and sustained the injury which was the subject of the workers' compensation claim.  The employer denied that the injury occurred within the scope of the employee's employment.

The Judge of Compensation Claims was apparently provided evidence of a sophisticated computer monitoring and dispatch system which generated service logs for the date on which claimant alleged the accident occurred. The logs contradicted the injured employee's suggestion that he was on the way to a service call at the time of accident. Based upon the evidence presented, the Judge of Compensation Claims ruled that injured worker was not in the course and scope of his employment.  Furthermore, even if he had been in the course and scope of his employment, his choice to engage in the improper conduct of public urination was a clear deviation from employment which prevented him from receiving workers' compensation benefits.  The First District Court of Appeals affirmed the decision per curiam.

If the fall occurred inside a local restaurant's bathroom when the injured worker was in route to a call, I believe the conclusion would be different. The Florida workers' compensation law allows for some deviation from employment without negating workers' compensation benefits. So, if you or a friend or family member is denied Florida workers' compensation benefits, it is important that you talk with an attorney who understands Florida Work Comp law.

-------------------------------

Attorney Matthew Noyes represents those injured at work and fights for Florida workers' compensation. His Clearwater law firm - Perenich, Caulfield, Avril & Noyes - has been caring for clients for 57 years. Call Attorney Noyes today at 727-796-8282 or simply click here to schedule a free case consultation.

Are Epidural Steroid Injections (ESI) Better Than the New Procedure?

Steroid injections are often used to relieve lower back pain and leg pain caused from a car accident, trip and fall, or a workers compensation claim. Often times, these pains are caused by a herniated disc pressing on the nerve. A new type of medicine--Etanercept--is used for similar problems. Which one is better?

According to Medical News Today, a Johns Hopkins-led study has found that the current standard of care with steroid injections still does better. According to the article, a team led by Steven P. Cohen, M.D., an associate professor of anesthesiology and critical care medicine at the Johns Hopkins University School of Medicine, conducted a study providing epidural injections of either 60 milligrams of a steroid, 4 milligrams of etanercept, or 2 milliliters of saline to 84 adult patients with sciatica. One month after the second of two injections, the patients on steroids reported less pain and less disability than those in the other two groups.

Epidural steroid injections are used for sciatica to cover the spinal nerve roots directly in a medication designed to reduce inflammation - and pain - in order to give the body time to heal itself. The new study found that more patients treated with epidural steroids (75 percent) reported 50 percent or greater leg pain relief and felt better overall after one month compared to those who received saline (50 percent) or etanercept (42 percent). On a pain scale of 0 to 10, with 10 denoting the worst pain, those who received steroids reported, at one month, an average pain score of 2.1 compared with 3.6 in the etanercept group and 3.8 in the group injected with saline. Those in the steroid group also reported lower levels of disability (21 percent) than those in the saline group (29 percent) or etanercept group (38 percent).

It is important to remember that epidural steroid injections are NOT a cure to herniated disc or related sciatica. It is important that a sufferer from a disc herniation or sciatica talk with their doctor about a course of treatment, including chiropractic care and rehabilitative exercises to be used in conjunction with the epidural steroid injections.

-------------

Personal Injury Attorney Matthew Noyes represents many people suffering from herniated discs caused automobile crashes, work comp claims and other types of personal injury matters. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955. Benefit from their experience! Call Attorney Matthew Noyes today at 727-796-8282 or simply click here for a free case consultation.

Workers Compensation Appeal Won by Attorneys Lorrie Robinson and Matthew Noyes

Recently, Florida's First District Court of Appeals ruled in favor of Attorneys Lorrie Robinson and Matthew Noyes in a workers' compensation case. Click here to see the written appellate opinion.

The issue pertained to an advance in a Florida workers' compensation claim. The Florida Workers’ Compensation Act permits advances of payment of compensation. Under Florida Statute 440.20(12)(c), a work comp claimant may be awarded an advance in the event the claimant has not returned to the same or equivalent employment with no substantial reduction in wages or has suffered a substantial loss of earning capacity or a physical impairment, actual or apparent. The statute further statues that an advance payment of compensation not in excess of $2,000 may be ordered by any judge of compensation claims after giving due consideration to the interests of the person entitled thereto.

The workers' compensation judge ruled that Attorneys Lorrie Robinson and Matthew Noyes' client was entitled to an advance of $2,000.00. The workers' compensation carrier appealed that ruling claiming that the Judge was in error because compensability was being denied in the workers' compensation claim. However, the appellate court agreed with Attorneys Lorrie Robinson and Matthew Noyes and the workers compensation judge and found that the client was entitled to the $2000 advance.

If you or a loved one is battling the insurance company for workers' compensation benefits, you should not try to do it alone. As the director of the firm's workers' compensation department, Attorney Matthew Noyes and the other attorneys at Perenich, Caulfield, Avril & Noyes may be able to get you your workers' compensation benefits. For a free case consultation, call 727-796-8282 or simply click here to contact Attorney Matthew Noyes.

 

Car Accidents Increase on Tax Day, Really?

Can paying taxes really cause car accidents? According to a study, the answer is yes.

Researchers at the University of Toronto analyzed data from the National Highway Traffic Safety Administration and found that deadly automobile accidents increase on Tax Day. After looking at 30 years, researchers found that there were 6,783 traffic-related deaths on Tax Day, or 226 per day. That is higher than the 213 per day on one day a week before the deadline day and another day a week after. That is 6 percent higher than on other April days.

Why? Drivers recklessly racing to the post office to meet the deadline might be one reason. Also, it could be that stressing over taxes distracts motorists and contributes to human error, researchers said.

So, pay your taxes, but drive safely doing so and watch out for those who may be in too big of a rush or distracted. Also, stay away from post offices if you can.

-----------

Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle accident, bicycle accidents and pedestrian accidents caused by negligent or distracted drivers. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. As one of Clearwater's first personal injury law firm, we are able to understand the impact a car accident has on a person's life. Call Attorney Matthew Noyes today at 727-796-8282 or simply click here to schedule a free case consultation.

Motorcycle Accident Caused by 100-Year-Old Driver

A motorcyclist is in critical condition after a motorcycle/automobile accident reportedly caused a 100-year-old driver.

The 22-year-old motorcyclist, Timothy Soliman, was traveling south on the outside lane of US Hwy 41 on a Suzuki motorcycle when a 100-year-old driver driving a Buick Century turned left directly traveling into the path of Mr. Soliman. The front of the vehicle hit the side of the motorcycle, causing Mr. Soliman to eject from his motorcycle. The 100-year-old driver suffered minor conditions, but the motorcyclist was taken to the hospital and as in critical condition.

How do you know when a person is too old to drive? Here are a few things to consider and things you can do:

• Look for changes in an elderly person's driving ability such as driving slower, poor reaction time to lights and signs, more timid about faster drivers, reluctant to drive on the freeway, driving erratically. These could be signs that they should no longer be driving.
• Listen for any unusual complaints like more tired than usual, not seeing as well, lethargic, hearing seems impaired, etc. Pay attention to his or her behavior around the house. His or her behavior around the house is often indicative of behavior on the road.
• If you feel that an elderly friend or family member should not be driving, offer to go on little trips to the store or barber shop, the cleaners or movies with them. Observe for yourself their driving skills to note if anything is different.

Taking someone's freedom of driving away isn't easy. The most important thing to remember is to be as gentle and caring as possible. Expect them to be angry and rebellious, but it is for their own safety.

Drive safely, but watch out for those who don't. Taking steps to prevent your elderly friend or family member from getting behind the wheel could result in them staying in your lives longer and could avoid injuries to them and others on the road.

___________

Personal Injury Attorney Matthew Noyes represents those injured in motorcycle accidents, car crashes, bicycle accidents and other personal injury matters caused by the negligence of another. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955. As one of the oldest personal injury law firms in Clearwater, their experience can be helpful as you battle the insurance companies. For a free case consultation, call Attorney Matthew Noyes at 727-796-8282 or simply click here to contact him to schedule a meeting.

 

Car Accidents Resulting in Traumatic Brain Injuries

Car accidents remain the number one cause for traumatic brain injury (TBI) related deaths among 15- to 19 year olds.

According to a new report conducted by the Children’s Hospital of Philadelphia, more than 55,000 teenage drivers and their passengers who were seriously injured in auto accidents during 2009 and 2010. Thirty percent of those suffered acute head injuries -- concussions, skull fractures and traumatic brain injuries (TBI). While there has been a decline in fatalities of teen drivers over the past six years, according to the Centers for Disease Control car crashes remain the leading cause of TBI-related death among 15- to 19-year-olds.

A traumatic brain injury (TBI) occurs when an injury to the head causes the brain to move back and forth. The damage can be confined to one area of the brain (focal) or involve different areas of the brain (diffuse). The severity of a brain injury can range from a concussion (a blow or jolt to the head that disrupts the normal function of the brain) to a coma (a deep state of unconsciousness) to death.

A brain injury can result from a closed head injury when the head suddenly and violently hits an object but the object does not break through the skull. Examples include a direct blow (hitting your head on the head rest or windshield during a car accident) and an indirect blow when your head moves rapidly and violently back and forth like in a car crash. This second type of TBI is called countrecoup (involving a blow and counter blow).

After a car accident, it is important that you look for signs of a traumatic brain injury. The symptoms of a TBI depend on the type and severity of the injury. The most common symptoms include:

• Confusion (disorientation) or other thinking problems.
• An inability to remember events around the time of the injury (amnesia).
• Difficulty staying awake or passing out (loss of consciousness).
• Headache.
• Blurry vision.
• Vomiting.
• Seizures.
• Swelling of the scalp. This occurs because of bleeding or swelling under the skin of the skull when the head is hit.

If you or a loved one has these signs after an automobile accident, it is crucial that they be examined by a doctor to rule out a traumatic brain injury. It is better to be safe and rule out a TBI then ignore the signs and have lifelong symptoms.

Drive safely and watch out for those who don't. A few added seconds can save a life.

------------------

Personal Injury Attorney Matthew Noyes represents those who sustain traumatic brain injuries and other injuries from car accidents, motorcycle crashes, bicycle accidents and other personal injury matters. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has cared for clients since 1955. Benefit from their experience by calling Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

 

Trampolines Can Lead to Homeowner's Insurance Claims

Trampolines are fun, but they are an invitation to a claim under your homeowner's insurance policy. New York Yankee pitcher, Joba Chamberlain, knows how fun trampolines can be, but also now knows the serious injuries they can cause. Chamberlin underwent surgery at St. Joseph's Hospital in Tampa, Florida after injuring his ankle while jumping on a trampoline with his 5-year-old son. This star New York Yankees pitcher will spend the following six weeks in a cast. Only time will tell what this injury has done to his baseball career.

The American Academy of Orthopedic Surgeons (AAOS) recommends the following safety guidelines if you have a trampoline in your backyard:

• Check the equipment regularly for safety conditions
• Remove trampoline ladders after use in order to prevent unsupervised access by young children
• Children should be supervised and instructed by a competent adult at all times
• Trampolines should only be used by one person at any time
• Trampolines are not recommended for children under the age of 6
• Use of trampolines for competitive gymnastics, diving training, physical education and other similar activities required careful adult supervision and proper safety measures
• The trampoline-jumping surface should be placed at ground level
• Safety net enclosures may provide a false sense of security - the majority of accidents occur on the trampoline surface
• There should be enough protective padding around the supporting bars, strings and surrounding landing surfaces
• Trampolines should not be used for unsupervised recreational activity
• When participants are jumping, it is vital that spotters are present. Somersaults or other high-risk maneuvers should not be performed without proper supervision and instruction and should only be done with proper use of protective equipment, such as a harness.

These safety recommendations can prevent injuries and can prevent a claim from being made under your homeowner's policy. If someone is hurt on your trampoline and you failed to use reasonable care and/or failed to reasonably supervise younger children while they used your trampoline, they have the right to make a claim for past and future medical expenses, past and future lost wages (if any), pain and suffering and other damages because of their injuries.

Enjoy the trampolines, but do it safely. Also, let's hope the Tampa Bay Rays play the New York Yankees in the next six weeks!

------------------

Personal Injury Attorney Matthew Noyes represents those injured in other people's homes if there was negligence on the homeowner. He also represents those injured in car accidents, motorcycle accidents, slip and fall injuries and other types of personal injury claims. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been caring for client since 1955. Benefit from their experience by calling Attorney Matthew Noyes today at 727-796-8282 or by clicking here to contact Personal Injury Attorney Matthew Noyes.

Avoiding Accidents This Spring Break

The beach, the friends, March Madness, Spring Training baseball--these are all fun things about Spring Break. The car accidents, drinking and driving, unfamiliar drivers--these are some of the bad things about Spring Break. Enjoy the good things about this Spring Break and avoid and prevent the bad things that can forever tarnish Spring Break.

Spring Break can be a time of enjoyment for many high school and college students. A week of no school worries, relaxation, freedom. However, heavy drinking is also in the mix for some spring breakers. About 70% of spring breakers report heavy drinking which is defined as ten or more drinks in the course of a week. In fact, the average amount for spring breakers is 15.86 drinks in the week. Some of these spring breakers then get behind the wheel and put you and I at risk of a serious, if not fatal, car accident. Thus, it is important that all drivers remain alert while driving near the beach area or other places where Spring Breakers may be handing out. Avoiding those areas altogether for one week could prevent you or your family from being hurt in an automobile accident.

Also, remember that we may know where we are going, but U.S. Highway 19 or Interstate 275 can be confusing to those who don't travel these roads on a regular basis. Even the sober Spring Breakers can make erratic driving decisions to avoid missing a turn and looking at the sites. Be on a special watch out for those drivers as well. This could avoid a crash that could ruin not only Spring Break, but someone's life.

Treasure the Spring Break time with friends and family, but be safe about it. Others, watch out for those Spring Breakers who may have fun and sun on their minds and not their driving.

--------------------

Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, pedestrian accidents and bicycle accidents caused by the negligence of someone else. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here to contact Attorney Matthew Noyes to schedule a free case consultation or call him at 727-796-8282.

Car Accident While Working? Know Your Rights!

Many jobs require driving. Unfortunately, that exposes employees to the hazard of car accidents. If an employee is involved in a car accident while within the course and scope of their employment, it is important that the injured employee talk with an attorney who appreciates both the law of Florida workers' compensation and personal injury law. Failing to protect rights in each of these areas of law could result in future problems while handling the claims.

If the employee is involved in a car accident while working, he or she is entitled to workers' compensation benefits. The workers' compensation carrier is responsible to pay wages (Temporary Total or Temporary Partial) while the injured worker is out of work because of the car accident. In addition, the workers' compensation carrier is required to provide and pay for medical treatment associated with the car accident. The workers' compensation carrier selects the doctor so if the injured worker decides to see a doctor without workers' compensation clearance, the injured worker may be responsible for those medical expenses.

Also, the injured worker is entitled to Personal Injury Protection and/or Medical Payment benefits under their own automobile insurance policy. It is important that these benefits be used in coordination with the medical treatment being provided under workers' compensation. Failure to coordinate these benefits could result in losing benefits.

Lastly, the injured worker would be entitled to make a claim against the at-fault driver. The workers' compensation carrier will be entitled to a lien on any recovery, but the attorney can negotiate the lien to maximum the injured's net recovery.

There are many other situations that come in effect when an automobile accident occurs within the course and scope of employment that could impact your workers' compensation benefits; the Personal Injury Protection benefits; and the liability claim. Therefore, it is crucial that you deal with an attorney who understands both aspect of the law.

Drive safely, but watch out for those who don't. For a free case consultation after your work-related car accident, click here to contact Attorney Matthew Noyes.

Running Out of Gas Leads to Two Car Crashes

Car accidents can happen in the oddest ways and can have serious consequences. For example, last night, three men are hospitalized because of a crash after one of them ran out of gas.

According to the Tampa Bay Times, Jason Billingham was driving a 2003 white Dodge Caravan when it stalled in the middle lane of Tampa Road in Palm Harbor when he ran out of gas around 10:00 p.m. Billingham went to get more fuel and was walking back to his stalled van when he was hit by a car driven by Jeffrey Boulware. Boulware was then rear-ended by a 2002 white Honda Accord driven by Brian Davis.

Mr. Billingham was airlifted to Bayfront Medical Center following the collision, which left him in critical condition from suffered several fractures, cuts and scrapes. Mr. Boulware and Mr. Davis were also hurt and were taken to Mease Countryside Hospital, officials said.

I am sure that none of these men expected to be involved in a car accident last night. You cannot plan for the impact a car accident has on your life and the life of your family. Should you or a loved one be involved in a car accident, it is important that you protect your future by talking with an attorney before talking to the insurance companies. Insurance companies have attorneys looking out for them-so should you!

Drive safely, and watch out for those who don't.

--------------

Personal Injury Attorney Matthew Noyes fights for those who have been injured in car accidents, motorcycle crashes, pedestrian accidents, bicycle accidents and other personal injury matters. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. For a free case consultation, call Attorney Noyes at 727-796-8282 or contact him through his website, usalaw.com.

Avoid Accidents From Daylight Savings TIme

On Saturday, we spring our clocks forward and lose an hour of sleep. We gain daylight at night, but it is darker in the mornings. Studies show that when this happens, accidents go up.

According to one study of the effect of daylight savings time, sleep deprivation on the days after the time change causes a 17 percent increase in accidents. The study also found no significant reduction in accidents in the fall when clocks are set back an hour.

With the onset of Daylight Saving and Spring, pedestrian accident and bicycle accidents are at greater risk of increase. According to studies, walkers are three times more likely to be hit and killed by cars right after the switch than in the month before Daylight Savings Time ends. So, be extra careful driving, walking, and riding your bicycle this weekend and into next weekend. Wear bright colors and reflective items when walking or bicycling. This could prevent a tragedy.

Drive, walk and ride safely, but watch out for those you don't!

----------------------------------

Attorney Matthew Noyes represents those injured in pedestrian accidents, bicycle accidents and car accidents. His Clearwater law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Benefit from their experience. Call today (727-796-8282) or contact Attorney Noyes from the website.

Social Security Disability Benefits and Trial Work Periods - Count Your Months!

Collecting social security disability (SSD) benefits does not mean that you can never attempt to work again, and we know that working rather than receiving SSDI benefits is a far better choice for a multitude of reasons; financial, emotional, physical, etc. The Social Security Administration has several programs under which a beneficiary receiving Social Security Disability benefits may test his or her ability to work. This article will address one such program; the Trial Work Period (TWP). However, it is important to note that you are eligible for a Trial Work Period only after your five month waiting period or “date of entitlement.”

Under Social Security’s guidelines, the trial work period allows you to test your ability to work for at least nine months. During your trial work period, you will receive your full Social Security benefits regardless of how much you are earning as long as you report your work activity and you continue to have a disabling impairment. In 2012, a trial work month is any month in which your total earnings are over $720, or if you are self-employed, you earn more than $720 (after expenses) or work more than 80 hours in your own business. The trial work period continues until you have worked nine months within a 60-month period.

If your wages are under $720.00 per month, your benefit would not be affected and the month would not be counted in the nine month TWP. If your wages are over $720.00 per month, however, your benefits will still continue at the current rate but the month would be counted as part of the nine month TWP. For example, if you work every other month and earn $1,500.00 each month you work, you will use up all nine trial work months after eighteen months. Your benefits will continue if you stop working at that point or if you continue working but reduce your income to stay under the SGA guideline of $1,100.00.

As explained in last month’s blog article, the Social Security Administration considers monthly wages over $1,100.00 per month as substantial gainful activity (SGA). As long as you stay under the SGA amount, regardless of how many months you continue to work, your benefit will not end.

If you are receiving Medicare benefits when you begin the TWP, you will continue to receive that benefit without any lapse in coverage while you attempt to work. Please remember that it is always mandatory to report all work attempts to the Social Security Administration and although you have nine months to use up your TWP, they do not have to be consecutive but may be performed in a rolling 60-month period.

------------------

Don't fight the Social Security Administration alone. If you or someone you know has been out of work or will likely be out of work for one year because of a disability, contact Attorney Matthew Noyes for a free case consultation. Attorney Noyes' law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Contact them today!

 

Avoid Car Accidents with Drunk Drivers this Fat Tuesday

It's Fat Tuesday!! Indulge and celebrate, but do it safely! According to MADD, an estimated 11,773 people died in alcohol-impaired traffic crashes in 2008. Also, according to statistics, 30% of all Americans will be involved in an alcohol-related car accident in their lives. The legal ramifications associated with a drink driving charge are bad, but the injuries a drunk driver can cause to you or a loved one can be devastating. Parents lose children, husbands and wives lose their spouse, kids lose their parents -- all because someone decided to drive after celebrating too much.

Everyone has the right to enjoy Fat Tuesday and they should! However, with rights come responsibilities. If you drink, be responsible by choosing a designated driver. Decide who's going to be doing the driving before you go out, and make sure that person doesn't drink any alcoholic beverages. We all know that sometimes even the designated driver slips and drinks. For that reason, you should program the telephone number for a local cab company into your phone before you go out. If nobody in your group is sober, take alternate transportation. Cab, train, bus, horse and buggy – anything's better than getting in the car with a drunk driver. Lastly, don't be afraid to take someone's car keys. If the person gets angry, it's probably proof you're doing the right thing.

So, Happy Fat Tuesday! Enjoy, but be safe and responsible!

-------------------------

Personal Injury Attorney Matthew Noyes represents those who are injured in car accidents, motorcycle crashes, pedestrian accident or bicycle accidents caused by drunk drivers. If you or a loved one is injured in an accident because someone was drinking and driving, do not talk with the insurance companies until you talk with an attorney. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Benefit from their experience by calling or emailing today.