Archive for category Personal Injury

Recalled chicken nuggets – sold at WalMart

Perdue Farms Inc. is recalling close to 100,000 pounds of frozen chicken nuggets that were sold through WalMart. The recall was initiated after the company noticed pieces of blue plastic in the nuggets. Beware the blue chicken nugget!

Here are some images of the product labels:

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Rampant abuse in nursing home

State authorities are closing a Jacksonville nursing home because of abusive conditions – a measure so rare that local authorities can’t remember it ever happening here.  This facility is one in which a known sex offender raped a comatose woman and inspection reports back to at least 2008 document out-of-control patients who became violent.  One recent AHCA report resulted in 257 deficiencies. But the final straw came during a February investigation, when it found some residents were hitting other residents, falling repeatedly and attempting to escape, including one resident that got as far as St. Johns County and another that attempted to climb the exterior fence. 

It is saddening and truly unfortunate to hear that such extraordinary measures are being taken to stop the ongoing abuse and neglect in a Jacksonville nursing home.  As a community, we need to work harder to immediately hold nursing homes responsible when there has been abuse or neglect.  It is often, sadly, the most vulnerable, that need our protection.  If you feel a loved one has been the victim of abuse or neglect in this or any other nursing home, please contact us…

www.harrellandharrell.com

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Swimming Pool Safety

I thought about this topic as I was cleaning the out the filters and skimmer in my pool early this morning.

How much thought do you put into swimming pool safety this time of year?

With a house full of little swimmers, it is constantly on my mind. With temperatures starting to climb into the 90’s here in Jacksonville, FL the pool temperature is steadily going up. My kids think it is because daddy has the heater running (little do they know) but that is for another article.

It only takes a moment for a child or adult to drown in even the slightest bit of water. We should all make sure our pool safety fences are in good condition and that the self-locking mechanism device on the gate  is operating properly. For those of you that have doors and windows equipped with alarms – check to see if they work just like you would for your smoke detector. You don’t want to find out after a swimming pool accident that it could have been easily avoided. Next, it’s time to consider swimming lessons for the little ones that have not developed gills yet. There are plenty of options out there from private to group lessons.

As far as the pool itself goes, you should have a qualified expert like your local pool company come out and  make sure your safety devices such as the pressure relief valve on the drains are working. Who knows what kind of creature could have called your pool equipment home over the winter months.

There are many other things to consider but one of the most important is to not swim alone or let a non-swimmer have access to your pool without qualified supervision. We have all heard horrific stories of how fast a drowning can occur – Don’t let it happen on your watch or in your pool!

www.harrellandharrell.com

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Injured due to crime

The good news is crimes were down locally and statewide for 2009. 

The bad news is Jacksonville still had the highest crime rate in the state per 100,000 population and the highest per-capita murder rate of all metropolitan areas in the state. The murder rate has been the highest for 11 years running.  For more information on the crime in Jacksonville, go to the Times Union news story.

The residents of Jacksonville need to be aware of the high crime rate in Jacksonville and take steps to keep themselves and their families safe.  Harrell and Harrell is doing their best to make sure owners and managers of malls, hotels, businesses and apartment complexes are keeping their premises safe for Jacksonville families.  However, if you’ve been the victim of a crime outside your home, please call Harrell and Harrell or visit us on the web.

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What is an Intake?

Here’s a brief submission from one of our “intake officers” talking about the initial process of hiring a personal injury lawyer or just getting a free consultation to discuss your options. We try to make everyone feel comfortable by just clearly explaining your options, so don’t worry about high pressure sales (that’s not the point of the intake process)!

Most people are not as “sue happy” as you would think, and most only contact an auto accident lawyer after becoming frustrated with the insurance companies and the seemingly endless run-arounds they get. In my 25 plus years as a legal investigator I have dealt with countless numbers of clients who are skeptical of lawyers and doctors in general, and they only turn to a lawyer when they feel there is no other option.

My job in intake is the first step in making sure you don’t settle for less than you deserve. I make an effort to make sure new car accident clients are well informed during the initial conference. I try to put them at ease, make them feel comfortable and relaxed. Sometimes however, due to the physical pain they are enduring, this is difficult. It’s my obligation to explain the best I can how the insurance process works, how the medical bills are paid, who takes care of wage loss, who pays to fix a car, what the responsibility of the at fault person and that person’s insurance company is, and, of course, how long the process takes. 

Sometimes we have new auto accident clients who have involved other attorneys on previous cases, and I’m often told “I never got to meet a lawyer.” Meeting your lawyer happens quickly at Harrell and Harrell. I am usually able to walk down the hall and get your lawyer for a quick face-to-face. 

Statements I hear often are “I don’t want to sue the other person,” or “we are not sue happy people.” Well the good news for them is that most of the time we will only be making a claim against the at-fault driver’s insurance company, not the at-fault driver, and not necessarily even filing a law suit. We will be attempting to negotiate a fair and equitable settlement if at all possible. If that doesn’t work, then a law suit at some point might be needed. Be assured, however, that is always the client’s prerogative and choice.

Contact us if we can be of assistance with your personal injury claim.

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Car accidents and your weight

Thanks to one of our personal injury trial lawyers, David Black, for his insight on this very relevant matter.

As a personal injury attorney, I have noticed a recent trend with defense attorneys on how they defend car accidents which result in low back injuries.   Unfortunately, instead of accepting responsibility for an accident, a defense attorney will attempt to place the blame for a client’s injuries on the client’s weight.   

For instance, a defense attorney will claim an obese individuals increased weight has caused a degenerative condition to develop in a person’s spine which is now causing low back pain.  The defense attorney will then attempt to bolster his argument by using studies and medical reports showing the relationship between obesity and back pain. 

Usually, this argument will not be made when a client has been involved in a significant accident.  However, when the accident results in minimal property damage the defense will consider the client’s weight as a possible reason for the cause of a low back injury.

 For more information regarding the relationship between low back injuries and obesity please click here. 

Contact us to run your case by David or any one of our Jacksonville personal injury lawyers.        www.harrellandharrell.com

 

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Tips for better boating

Here’s a quick list of things that should make this upcoming  boating season safer and more enjoyable. In no particular order:

  • Check the weather forecast – it is Florida and you know what that means
  • Review a safety checklist before leaving the dock or launching your boat
  • USE COMMON SENSE at all times
  • Designate a second person in charge to pilot your boat back to safety
  • File a float plan so someone else know what you are up to
  • Make sure everyone has a proper fitting life-jacket and that they know where they are stored.
  • Get a free vessel safety check
  • Avoid alcohol – don’t drink and drive
  • Learn to swim or find out who on the boat cannot swim – they should don a life-jacket
  • Check into a boating safety course even if only to refresh what you already know
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Lexus rollover concerns

Consumer Reports (CR) rated the 2010 Lexus GX 460 a Don’t Buy. From their history, they don’t issue that rating frequently or lightly. The last time they issued it was in 2001 on the Mitsubishi Montero.

CR paid for the use of a Lexus GX 460 and put it through their testing routine . In their words:

“When pushed to its limits on our track’s handling course, the rear of the GX we bought slid out until the vehicle was almost sideways before the electronic stability control system was able to regain control.”

CR tested two different vehicles with four engineers to confirm their results that the Lexus GX 460 has a higher rollover risk than other SUV’s. They have notified Toyota and the National Highway Traffic Safety Administration for their findings are are urging consumers not to buy this vehicle until a fix has been found. Contact us if you or a loved one has been injured in a rollover accident.

Check out the GX 460 video

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Want lower auto insurance premiums?

UPDATE – Looks like this might have been stopped through a “point of order” but I’m guessing they’ll find a way to get it back on the table. Stay tuned!
 
Yesterday, the Florida Senate Banking and Insurance Committee  amended a proposed sinkhole coverage bill to amend your no fault auto or PIP coverage. PIP coverage currently provides, without regard to fault, medical and lost wage benefits to all drivers in Florida who are injured in auto accidents.   The amendment allows auto insurance companies to offer “preferred provider” coverage for a premium discount. Sounds good.  We all would like lower insurance premiums but at what price otherwise? 
 
Who will pick the medical providers, the insurance company?  Sounds like our wonderful workers’ compensation laws. Have you ever had to see a work comp approved doctor? All the horror stories I hear can’t all be wrong. So for a decreased premium, you get an insurance company approved doctor who says no medical treatment is necessary or only limited treatment is necessary.  Who do you want picking your treating doctor… You, or your insurance company???? I vote to keep my choices as my choices.
 
The law today is that you can go to any medical professional you want for treatment and for a reduced premium ( yet to be defined)… you will give up that right and will be limited to whomever your insurance company says is a preferred provider. The insurance companies question lawyers about who they send their clients to for treatment which in some cases I understand but they shouldn’t be allowed to have it their way, using their doctors, and not be questioned themselves. 
 
Thanks to attorney Don Black for bringing this to my attention.
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New Florida Boating Law

According to an AP story, law enforcement officials will soon start increasing the enforcement of a new Florida boating law that recently went into effect. Most people don’t know about the new law and you probably don’t want to get caught by surprise. Fines will range from fifty to eighty dollars.

The new law requires Florida boaters born on or after Jan. 1, 1988 to take and pass a state approved boating education course in order to pilot any vessel with 10 or more horsepower. The new law also applies to non-Florida residents with a few exceptions like those with a USCG Master’s license.

More and more people will be affected every year since it is tied to a specific date and not an age. Being an avid boater all my life, I believe this will go a long way towards improving boating safety. It won’t end all the boat accidents out on the water but I have to believe that if more people understood the basic right of way rules – we would all be better off. Driving a boat is not like driving a car and some people shouldn’t even be driving  a car. Biggest difference is that boats don’t have brakes.

Let’s be safe out there on the water and don’t forget all your required safety equipment. If you can’t swim, wear a USCG approved life vest.

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