NOYES LEGAL NEWS

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!

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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.

 

Are Epidural Steroid Injections the Answer for a Disc Herniation?

Just yesterday, a workers' compensation client asked my advice on whether she should have epidural steroid injections (ESI) or surgery for her back pain. Because I have a JD after my name and not a MD, I recommended that she research both recommendations and talk to her doctor and friends and family about it. Then, today, I see a new article addressing the use of epidural steroid injections for back pain in Medical News Today.

The article examines research presented at the American Orthopedic Society for Sports Medicine which concluded that the use of epidural steroid injections may be a more efficient treatment option for lumbar disc herniations. "Our study showed an 89% success rate in athletes returning to play after suffering an injury during practice or a game," commented lead author Aaron J. Krych, MD, from the Mayo Clinic's Department of Orthopaedic Surgery. "These injections are a safe initial therapy in athletes that do not have neurological deficits, allows them to participate effectively in physical therapy sooner, and can significantly reduce the time a player misses."

Lumbar disc herniation is a back injury common in sports such as football, which involve direct contact and sometimes jumping or twisting motions. Discs can also be herniated after a car accident, motorcycle crash, work injury or other trauma.

However, ESIs may not be the only way to address or treat a disc herniation. As pointed out by the researcher, "While we are excited to see the positive results with this treatment, it cannot be viewed as a cure-all," cautioned Dr. Krych. "At the end of the day, certain injuries will still require surgery and long-term recovery." Chiropractic care and also noninvasive modes of treatment have also proven to be helpful in the treatment of a disc herniation.

If you or a loved one has suffered a disc herniation, consult with your doctors about all the alternatives for treatment of the herniated disc. Surgery may be required, but you should explore other treatment as well.

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Personal Injury Attorney Matthew Noyes represents those who sustain disc herniations and other injuries from car accidents, motorcycle crashes, workers compensation claims and other personal injuries. His Clearwater personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.
 

Watch Out for the Unsafe Rides at the Florida State Fair

The Florida State Fair starts today!  Enjoy the rides, but be informed.  Not all rides are the safest.  Check out the Amusement Safety Organization website as well as RideAccidents.com before getting on any of the amusement park rides.  Unfortunately, many people are injured due to the negligence of the owners and operators of these rides.

Have fun, but be careful. If it doesn't look safe, it probably isn't.  If you or a friend or family member are injured because negligence of the ride provider or operator caused injury, you do have legal rights. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

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Attorney Matthew Noyes has been caring for clients after amusement park accidents, car accidents, motorcycle crashes and other accidents caused by the negligence of another for nearly 20 years. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes, P.A. -- is one of the oldest personal injury law firms in Pinellas County. Protect yourself and your family after an injury. Contact Attorney Matthew Noyes before talking to any insurance company representative.

 

Can A Super Bowl Party Host Be Sued After A Drunk Driving Car Accident?

Planning a Super Bowl party? Can you as the host of the party be responsible for injuries or death caused by one of you party guest who drank too much at the party and then caused a car accident because of their drinking and driving? Here is the actual Florida law that addresses the question:

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.

In other words, Florida law states that individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by the drunk driver except in two situations.

1. If the drunk driver was under the age of 21, the individual who served the alcohol can be held liable for the damages. The statute does not contain any knowledge requirement, presumably because the serving party has a duty to ensure that everyone they sell or provide alcohol to is of legal age to consume it.

2. Persons who serve a person who they know is “habitually addicted to the use of any or all alcoholic beverages” may be liable for injury and damages caused as a result of the intoxication. These cases hinge on knowing that the partygoer and later drunk driver was "habitually addicted."

Enjoy the party, the commercials, the halftime show, and yes, even the game, but be safe. Call a taxi or have a sober friend drive. Make lasting joyous memories, not memories that will haunt you or your friends and family.

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Personal Injury Attorney Matthew Noyes proudly representing those injured in car accidents, motorcycle crashes, bicycle accidents or pedestrian accidents caused by drunk drivers. His Clearwater personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free consultation with Personal Injury Attorney Matthew Noyes.

 

Capture Your Teenage Driver's Risky Driving on Video

Ever wonder how your teenage driver behaves while driving when you're not in the car? With DriveCam, there is a way to find out.

DriveCam is a video feedback program with a two-way camera in the car that records only a few seconds of what the driver is seeing, hearing and doing if the computer senses risky driving. When the DriveCam video feedback system senses risky driving, it records the driver for a few seconds, and the footage is sent to DriveCam, where it is analyzed by a safety professional. The short video clips include interior and exterior views of the critical seconds BEFORE and AFTER the erratic vehicle movement so you and your teen learn WHAT happened and WHY it happened. Once a week, parents are sent a report that includes the footage and advice on how to improve. Incentives could be given to teenage drivers for months that there is no footage because no footage means no risky driving detected.

It is one of the most effective monitoring systems, according to University of Iowa research, but also one of the more expensive. DriveCam costs $500 installed and an additional $30 per month for monitoring, but it is free if you are insured with American Family. The cost could prevent a more costly car accident or even serious injuries in a car crash.

This program is not restricted to teenage drivers. If you are concerned about your elderly parents driving, this could be helpful as well.

Drive safely and encourage your teenage drivers to do the same. A few seconds of risky driving could result in a lifetime of injury if involved in a car accident.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bus and bicycle accidents, and other personal injury matters. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Insurance companies have attorneys looking out for their best interest after your car accident, so should you. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes today.

Woman With Beer Between Legs and 3-Year-Old in Backseat Drives the Wrong Way

Some car accidents are caused by simply careless and reckless drivers. An example of such a driver is the 26-year-old Clearwater woman who was driving her white Ford Mustang the wrong way down Florida Avenue N and weaving in and out of her lane, according to police and the Tampa Bay Times. When she was pulled over, she had an open beer can between her legs and a 3-year-old boy in the back seat. According to paper, she showed signs of impairment during a field sobriety test, police say, and refused to submit to a breath test. "I'm not doing sh--," she told police. This is her third arrest for driving under the influence and the third time she has refused to submit to a breath test, police say.

If this woman hit you or your family member, do you think that she would have adequate insurance coverage to protect you? I don't. That is why it is important that you check your policy for uninsured motorist coverage. If this woman or any person causes you or your family member injuries in a car accident, your uninsured or underinsured motorist coverage will protect you. Once your uninsured motorist coverage is paid, your insurance company will go after the uninsured motorist for monies they paid out on your behalf.

Check your car insurance policy today and make sure you are protecting your family with uninsured/underinsured motorist coverage. Get stacked coverage as well. This will provide further protection to you and your family.

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Personal Injury Attorney Matthew Noyes will help you fight for insurance benefits that you paid for after a car accident caused by an uninsured motorist or an underinsured motorist. After a car accident, don't talk with the insurance company who is only interested in protecting their rights; talk with someone who will protect your rights. Click here for 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.

 

Listen to Attorney Matthew Noyes on Internet Radio

Recently, Attorney Matthew Noyes was a guest on LifeImprovementRadio.com talking about car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters.  Click here to listen to the broadcast.

Herniated Disc Surgery - Is that the Answer?

What is the best treatment for a herniated disc? Do some people get better results from surgery for their herniated disc than others?

As reported on MedicalNewsToday.com, a recent study published in the January 15th issue of Spine concluded that three factors that were independently associated to improved treatment effect of surgery for a disc herniation: married patients, those without other joint problems (knee, hip, etc), as well as those whose back pain symptoms worsened at the time of treatment.

Apparently, it is better to be married if you are going to have surgery on your herniated disc. According to the study, married patients with worsening symptoms saw the greatest improvement from surgery--a 38-point improvement with surgery compared with a 20-point improvement with nonsurgical treatment. Although researchers are unsure why marital status affects response to disc herniation surgery, investigations have demonstrated improved outcomes for a wide variety of health problems among married patients.

For single patients with stable symptoms the treatment effect was approximately 8 points: 35 points with surgery in comparison with 27 points with nonsurgical treatment.

If you or a loved one is suffering from a disc herniation, you should consult with a doctor about your treatment options. The presence of a herniated disc alone does not warrant surgery, but pay close attention to the symptoms from the disc herniation. Ignoring these symptoms could result in irreversible damage.

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Personal Injury Attorney Matthew Noyes represents those who suffer disc herniations and other injuries from car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters. His Clearwater law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here for a free case consultation with Attorney Matthew Noyes.

Working While Receiving Social Security Disability Benefits – Is it Possible?

Earning Social Security Disability benefits while working--it is often asked, “Can I work and still receive SSD benefits?” The answer to that question depends on multiple factors but once you understand the guidelines, the answer is quite clear.

To be eligible for Social Security Disability benefits, a person must be unable to engage in what is called substantial gainful activity or SGA because of a medically determinable physical or mental impairment. By Social Security’s definition, substantial gainful activity means work that (a) involves doing significant and productive physical or mental duties; and (b) is done (or intended) for pay or profit. Activities involving self-care, household tasks, unpaid training, hobbies, therapy, school attendance, clubs, social programs, etc., are not generally considered to be SGA.

The amount of monthly earnings considered as SGA for non-blind individuals for 2012 is $1,010.00 per month. In the case of a pending claim (disability application), you can work as long as your earnings do not exceed the earnings threshold for the SGA limit of $1,010.00 per month. If your gross monthly earnings exceed this amount, your claim will be denied because it is the Social Security Administration’s position that if you can make over $1,010.00 per month, you are not functionally limited enough to be considered disabled. The same applies to those who are already receiving Title II benefits or straight social security disability insurance; however, SSA also offers recipients the opportunity to try working for more money without necessarily giving up their benefits altogether.

The Social Security Administration has developed what is called a trial work period or TWP. The TWP allows you to test your ability to work for a full 9 months - those months do not need to be consecutive and can occur any time within a 36 month period. During your TWP, you will receive full SSDI benefits regardless of how high your earnings might be as long as you report your work activity and you have a disabling impairment. (Stay tuned for our next blog article regarding the TWP)
 
Now bear in mind that SSA manages two programs that provide benefits based on disability; SSDI (social security disability insurance) which is based on your earnings, and SSI (Supplemental Security Income) which is based on limited income and resources and not your work history. If you are receiving straight SSI benefits, what you receive in monthly benefits may be reduced by a certain amount based on how much you are earning. Therefore, if you are making close to the SGA amount of $1,010.00, your monthly benefit check will be significantly reduced. 

One of the most important things to remember when receiving or applying for social security disability benefits and attempting to work is to keep the social security office or your disability representative up to date on any work activity; whether it is substantial or not. Being surprised at the hearing is never good.

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If you need help with your Social Security Disability claim, contact Attorney Matthew Noyes. Attorney Matthew Noyes and his staff have been able to secure SSD benefits for those who have been denied. Click here to schedule a free case consultation.

 

 

Is the End Coming for 1-800-ASK-GARY and Other Lawyer Referral Services?

We have all seen the commercials and heard the radio spots-after a car accident, call 1-800-ASK GARY or call 411-PAIN from the accident scene. If some get their way, soon you may not see them any longer.

According to a report on TBO.com, the Florida Bar, Florida Chief Financial Officer Jeff Atwater, a state legislator from St. Petersburg are all taking aim at the 1-800-Ask-Gary hot line and similar lawyer and medical referral services.

A Florida Bar (the organization that governs lawyer conduct) committee is proposing new regulations to prevent abuses by lawyer referral services. For example, a new Bar regulation would ensure that accident victims initiate contact with lawyers. This recommendation and others will be presented to the Bar's governing board in the spring.

Florida CFO Atwater also wants to see changes. In November, he asked the Florida Bar to ban lawyer referral services. His letter to the Bar mentioned the "incestuous interactions" between lawyers and health care providers who belong to the referral services.

Thirdly, there may be State legislation on this issue. A bill by state Rep. Rick Kriseman, a St. Petersburg Democrat, would give accident hot line callers more choices in health care providers. Kriseman's bill would require such hot lines to refer patients to nonaffiliated clinics, as well. "They shouldn't be able to refer to themselves as a referral service if they're only sending you to one clinic," Kriseman said Friday. "That's just a marketing arm for your facility."

As a personal injury attorney who helps those legitimately injured in car accidents, I feel that too much advertising decreases the credibility of those who are actually injured. Potential jurors have the mistaken impression that the majority of the people are not hurt in car accidents. In my practice, that's not the case. Sure, some people are initially injured and treat for a period of time and do get better from their automobile accident. Those are the cases that are closed and don't get in front of a jury. However, many people are injured in varied severity and deserve protection in our judicial system. Will the elimination of doctor-based lawyer referral services eliminate the uphill battle an injured person has in the courtroom? I don't think so.

Education is the answer. Education of what your legal rights are after a car accident. Education of what your injuries, if any, are. Education of the true facts of how someone can be injured in a car accident notwithstanding the amount of property damage.

So, Florida CFO Atwater, the Florida Bar and the Florida Legislature do what you think politically you need to do. I will stay here and educate my clients and make sure their doctors do the same thing while at the same time, try to educate others on how a car accident can impact a person's life in so many ways.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents and other personal injury matters. His Tampa Bay personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.

Getting You and Your Car Home Safely Without Driving Impaired

Drunk drivers cause serious and sometimes fatal car accidents. Do you know someone who may have too much to drink this New Year's weekend, but will still want to drive home because they don't want to leave their car? There is a way to get them AND their car home FREE of charge--AAA/Budweiser's Tow-to-Go program.

A simple call to 1-800-AAA-HELP will get an AAA tow truck to take an impaired driver and his vehicle safely home. The service is completely FREE and open to both AAA members and non-members and is 100% confidential.

Last year, AAA received 2,400 calls for their Tow-to-Go program. Since 1998, the "Tow to Go" program has safely removed more than 13,600 drunk drivers from the roads.

Protect you or your friend or family member by putting this telephone number in their cell phone now. This way, you won't have to worry about the number when you need it.

Celebrate safely this New Year's weekend, but watch out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those who are injured in car accidents caused by drunk driving or other negligence. Insurance companies have attorneys protecting their interest after your automobile accident, so should you. Attorney Noyes' Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.

Prevent Car Accidents This New Year's Weekend

An estimated 297 people will die in car accidents this New Year's weekend according to the National Safety Council. In addition, medically consulted injuries from car accidents are estimated at 29,700 (a medically consulted injury is an injury serious enough that a medical professional was consulted). So, it is very important that everyone drive safely and watch out for those who don't.

The National Safety Council's 2012 New Year’s Day holiday period begins at 6:00 p.m., Friday, Dec. 30, 2011 and ends at 11:59 p.m., Monday, Jan. 2, 2012, making it a 3.25-day holiday period. In 2009 (the last reported data), there were 458 car accident fatalities during its 4.25-day holiday period.

One way to reduce car accident fatalities is by using your seat belt. Studies have shown that safety belts are 45% effective in preventing fatalities. It is estimated that 106 person’s lives may be saved this New Year’s Day holiday period because they will wear their safety belts and an additional 76 lives could be saved if all wore safety belts.

So, ring in the New Year with friends and family, but please do it safely.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents and other personal injury matters. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.

 

Tips on Speeding Up Your Social Security Disaiblity (SSD) Application

Anyone who has applied for Social Security Disability (SSD) knows how slow the process is. Studies have shown that about two-thirds of Social Security disability requests are initially rejected. If you're turned down, you can request that your case be reconsidered, but few decisions are reversed at that level so you must request a hearing before an administrative law judge. At the hearing stage, nearly two-thirds of applications are then approved.

Unfortunately, there is no way to guarantee that your application for Social Security Disability Benefits gets approved faster. However, there are some things that can be done:

1. Request a hearing for "Compassionate Allowances"- Some dire and very serious conditions, such as certain types of cancer, early onset Alzheimer's disease and dozens of others, receive almost immediate approval for Social Security disability benefits. The list of conditions that qualify for "Compassionate Allowances" can be found on the SSA website.

2. Have your documents in order - When you're first applying for disability benefits, describe your medical condition, medical treatment, restrictions and limitations in great detail. Be sure to include all your conditions, even if they seem irrelevant to the case. A back injury could also cause mental health issues, irritability or other conditions. By listing them all together, it may help to argue you are disabled.  Too often, people apply for SSD without sufficient medical documentation. Although the Social Security Administration can request the medical records, it's often more efficient if you gather the documentation.

3. Don't drag your feet - Once you file an application for Social Security disability benefits, there's no time to drag feet. If you're asked to submit more paperwork, do it as soon as possible. If you're asked by the SSA to have a consultation done with another physician, do so immediately.  Don't give Social Security Administration an excuse for the delay because they are waiting on something from you.

4. Hire an attorney the minute you are denied - Too many people come to me for advice on Social Security Disability benefits weeks or months after they have been denied. That is a mistake.  Hire an attorney as soon as you receive a denial because you have only 60 days to appeal.

These four steps could shed days, weeks or even months off of your application for Social Security Disability benefits.  Every day that is shed is one day closer to you getting your Social Security Disability benefits.  Don't delay; contact Attorney Matthew Noyes today for a free case consultation on your entitlement to Social Security Disability benefits. His Tampa Bay law office - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955.

Judge Awards Workers' Compensation Benefits and Wages After Final Hearing

Last week, the Judge of Compensation Claims awarded workers' compensation benefits after Attorney Matthew Noyes presented the case at the Final Hearing. Despite the workers' compensation carrier's position that the recommended epidural steroid injections were not medically necessary or related to the workers' compensation accident, the Judge disagreed and accepted the testimony of the injured employee's doctor and ordered the carrier to authorize the epidural steroid injections.

In addition, the workers compensation carrier refused to amend the injured employee's average weekly wage to include income from her second job. Under Florida workers' compensation law, the average weekly wage shall include wages from any other job the injured employee was working at the time of the injury as long as those wages are reported to the IRS for income tax purposes. Initially, the wages from the second job were not included in the injured workers' income taxes because she did not receive the paperwork before filing her income taxes. However, she subsequently filed an amended income tax return to include these wages. Nevertheless, the workers' compensation carrier still failed to amend the average weekly wage. After legal argument from Attorney Matthew Noyes, the Judge of Compensation Claims ordered the workers' compensation carrier to amend the average weekly wage to include the wages from the second job.

Florida workers' compensation law can be a mine field if you don't have someone guiding you through the hoops and hurdles of the work comp laws. Attorney Matthew Noyes and his Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- have been helping clients after Florida worker compensation claims for many years. Click here for a free case consultation after your Florida workers' compensation claim.

 

A Picture Can Deceive You

A car accident can result in considerable visible property damage, but it could also result in little visible property damage. However, what you see may not be correct.

Attorney Lorrie Robinson and I just finished a jury trial in a rear-end car accident case where State Farm was claiming that our client could not have been hurt because there was little visible damage to her rear bumper. In fact, even the client believed there was little property damage and wondered how she could have injured her neck, back, shoulder and developed carpal tunnel syndrome requiring surgery if there was no property damage to her vehicle.

After removing the plastic bumper cover of her Saturn VUE, the answer was clear. Despite there being little visible property damage to the plastic bumper cover, we were able to see that the impact she sustained in the rear-end collision resulted in damage to the bumper absorber, the bumper reinforcement and the rear body panel--that is, the impact was severe enough to crush metal four layers deep!! No wonder she was in pain.

This case is a lesson on how important investigation is after a car accident. Had we not been able to show the jury how this rear-end car accident was severe enough to crush metal, it is unlikely that we would have secured a verdict eight time higher than State Farm's last settlement offer.

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Attorney Matthew Noyes has been helping those injured in car accidents, motorcycle accidents, slip and falls, and other types of accidents for nearly 20 years. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been serving the Tampa Bay area since 1955. Click here to contact Attorney Matthew Noyes for a free consultation or simply call 727-796-8282.

Jury Allows Parents to Tell Their Story and Returns Two Million Dollar Verdict

About 7 years ago, I sat at the kitchen table of two strangers whose 17-year-old son died while he was conditioning for high school baseball. Within minutes, these two strangers--Kathy and Jim Miulli--became my friends.  During that meeting, the grieving mother told me that all she wants is to have her story told to prevent other teenage athletes' deaths.  This week, we were able to do that for her and her husband.

Over the past nearly seven years, my firm and I have proudly represented Kathy and Jim Miulli in a wrongful death case involving their son, Matt.  On Monday, the Hillsborough County jury returned a verdict of over $2,000,000.00 after six days of trial.  My partners, Bryan Caulfield and Lorrie Robinson, presented the case to the jury and both Jim and Kathy Miulli where able to tell her story.  It was an honor to be part of the team that allowed them to do this.  Although there are post-trial motions and likely appeals, two wonderful people and great parents to their son, Jim and Kathy Miulli are one step closer to closure.

As noted in news articles, since Matt's death, his parents have been instrumental in saving lives.  Through their efforts, Jim and Kathy--and Matt--were able to convince Hillsborough County to fund two additional ambulances; was a catalyst in getting the FHSAA to amend their bylaws to require pre-participation physicals before conditioning; and were able to get the Florida legislature to pass the Gordon and Miulli Act that provides funding for defibrillators for youth athletic organizations.  Now, if only Matt could do something up in Heaven to help his beloved Chicago Cubs! 

I am blessed to know Jim and Kathy Miulli and have been honored to help them be able to tell their story--a story all of us wish they never had to tell.

Man Killed in Car Accident in Clearwater Serves as a Reminder

My daughter texted me yesterday advising me that she just passed a serious car accident where they were using the "jaws of life." My response? "Drive safely. Love ya!"

That car accident served as a reminder to me as a father that time is precious with our kids and loved ones. According to reports, the car accident that my daughter saw took the life of Jeffrey A. Spink as he was leaving work from the nearby Lowe's store. Also involved was 18-year-old Jessica Feihl. The Spink family as well as the Feihl family are forever changed because of this crash.

I am blessed that my daughter was only a passer-byer of this crash and that I had another opportunity to tell her that I love her. Too many families never get to say good-bye or "I love you" before a loved one dies in a car accident. So, take a moment to be thankful and hug your spouse and kids before they get in the car today and everyday.

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

 

What is "National Seat Check Saturday"?

To close out National Child Passenger Safety Week, this Saturday is known as "National Seat Check Saturday." Too many children are injured and even killed in car accidents because they are in an improper child seat. Organizations around the country have agreed to have certified technicians inspect your child car seat, in most cases, free of charge - and show you how to correctly install and use it. To find a location in your area, simply click here and enter your zip code.

Florida law requires that every operator of a motor vehicle, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a seat belt may be used.

The following research indicates the importance of the proper care seat or booster seat:

• During 2009, 5366 passenger vehicle occupants age 4 and younger were involved in fatal crashes. For those children where restraint use was known, 23% were unrestrained; among those who were fatally injured, 46% were unrestrained.
• Research on the effectiveness of child safety seats has found them to reduce fatal injury by 71% for infants younger than 1 year of age and by 54% for toddlers ages 1-4. Children ages 2-6 years old in child safety seats (including child restraints and belt positioning booster seats) are approximately 28% less likely to receive a fatal injury than those using safety belts alone.
• When children ride in a rear vehicle seat they reduce their injury risk by 64% for newborns to 8 year olds and 31% for 9-12 year olds. It appears to be a norm now that young children ride in vehicle back seats as observation studies from 2008 found that 99% of infants and 92% of children 1-3 and 89% of children 4-7 ride in back seats.

So, take steps to protect your child in the event of a car accident. Believe me, it tears me and my staff up when we represent parents of kids who are injured or killed in car accidents.

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Personal Injury Attorney Matthew Noyes has been representing those injured in car accidents, motorcycle accidents, bicycle accidents and other personal matter matters for nearly 20 years. His Clearwater personal injury law firm - Perenich Caulfield Avril & Noyes - has been helping Tampa Bay residents since 1955. Click here for a free case consultation or call 727-796-8282.

One Out of Four Florida Drivers Don't Have This -- What is It?

If you or your family member are injured in a car accident in Florida, the chances are nearly 1 in 4 that the at-fault driver doesn't have the insurance to cover your injuries, according to a new national study.

It is important to remember that Florida law does not require a driver to purchase bodily injury liability insurance. Thus, many drivers elect not to purchase this coverage. This is why purchasing uninsured/underinsured motorist coverage is so important. If you or a loved one are injured in a car accident because of the negligence of an uninsured motorist, you will be able to seek compensation under your uninsured motorist benefits. Without it, you could be left responsible for some of your medical expenses and most of your lost wages.

The Insurance Research Council ranks Florida in the top five of uninsured motorists states with an estimated 24 percent of Florida's drivers are uninsured, based on its national study of uninsured motorist insurance clams in relation to bodily injury claims.

"Despite laws in many states requiring drivers to maintain insurance, about 1 in 7 motorists remains uninsured," Insurance Research Council Senior Vice President Elizabeth Sprinkel said in a statement accompanying the study. "This forces responsible drivers who carry insurance to bear the burden of paying for injuries caused by drivers who carry no insurance at all." Sprinkel said it is "an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments."

Click here to read an article in Florida Today on how a car accident caused by an uninsured motorist changed the life of a young woman. To prevent this from happening to you, check your automobile insurance policy today to make sure that you are carrying uninsured motorist coverage before you are involved in a car accident.

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Personal Injury Attorney Matthew Noyes has been representing those injured in car accidents, motorcycle accidents, bicycle accidents and other types of crashes for nearly 20 years. His Clearwater personal injury law firm -- Perenich Caulfield Avril & Noyes -- has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes to better understand your rights after a car accident.

 

 

Where Have Tampa Bay Workers Died in Recent Work Comp Accidents?

Workplace fatalities happen. In the past 5 years, there have been 86 fatal accidents that occurred in the Tampa Bay area or involved a Tampa Bay-area employer. Unfortunately, Florida workers' compensation law is inadequate to compensate the surviving family when a death occurs on the job.

If death results from a work comp accident within one year thereafter or follows continuous disability and resulted from the work-related accident within five years thereafter, the workers' compensation carrier is required to pay death benefits. These workers compensation benefits include actual funeral expenses not to exceed $7,500.00. Further, the employer/insurance carrier shall pay the deceased employee’s dependents up to two-third of the deceased employee’s average weekly wage depending on the type of dependent (spouse, child, parent, etc.). In addition, the carrier would be responsible for payment of school of the surviving spouse. However, the maximum the workers' compensation carrier is required to pay to the family for the death of an employee is $150,000.00.

So, where have these work-related death occurred? ABC Action News has formulated a database of these fatal accidents using the information from OSHA. Click here to search the name of the employer or information on all the fatal work comp deaths in a given city.

Be safe on the job, but be educated about the law after a workers' compensation injury. For free information about your rights and benefits after a Florida workers' compensation accident, click here and email Attorney Matthew Noyes to request his workers' compensation packet.