Florida Legal Learning Center
Most Common Thanksgiving Day Injuries …And How to Prevent Them
It’s no secret that Thanksgiving brings joy and stuffed bellies to people around the country, including our family-run law firm. However, a busy day full of socializing, cooking, eating, and other activities carries a pretty high risk of injuries from unexpected events. Just like other holidays, emergency rooms see a spike in accidental injuries. See some of the most common Thanksgiving Day injuries below: 1. Food Poisoning. Turkey is the biggest perpetrator on Thanksgiving – everyone wants to please their family by hosting a nice dinner complete with a delicious turkey, but not everyone knows how to cook it properly so it is safe to eat. Whatever method you choose to cook your turkey, you need to make sure the whole turkey has an internal temperature of 165ºF of above. At those temperatures, possible bacteria present in the turkey die. The best way to check the temperature is by sticking a meat thermometer in the thickest parts of the turkey, which take longer to cook through. 2. Burns. With all the different cooking going on, and depending on how many people are helping prepare dishes, things can get pretty chaotic, and it’s easy to get distracted and burn yourself. Remember to wear protective coverings like oven mitts, never leave food unattended while cooking over a flame, and communicate with your fellow home-chefs about which surfaces are hot. 3. Knife Injuries. Like burns, knife injuries are extremely common when cooking for the big day. Always be careful when you are handling
No Running by the Pool – Supervision and Pool Ownership.
What Level of Oversight Are Pool Owners Required to Provide? There is a responsibility to provide a safe environment whenever you own own property. Part of this obligation is to provide proper and adequate oversight of the property in question. If you neglect that responsibility, which may be due to financial difficulty or overlooking pertinent issues, others utilizing the property are often the ones who pay the cost of your abandonment of duty. If someone is driving around on bald tires, which then results in a car accident, that would be an example of this type of negligence. It would be the same if someone slips and falls or is otherwise injured because someone did not properly maintain their pool. The type of injuries that are common around pools are: Drowning Broken bones Dislocated shoulder Back injuries Head injuries Death In Florida, many homes have pools and it is common to have parties and family gatherings centered around swimming at a privately owned pool. The pool owner has a duty to warn invitees (public or business) and licensees (or social guests) of any dangers that may not be open and obvious. For example, if you know the ladder leading out of the deep end is broken, then you would have the responsibility to fix it or warn those who may use the pool. Additionally, you have a heightened duty concerning children as they need to be adequately supervised. This duty to prevent children from going into the pool without supervision
How Can Social Media Impact Your Personal Injury Case
https://www.youtube.com/watch?v=yWMq_rwGB8o&feature=youtu.be&fbclid=IwAR0srcbgm9t5bxqQC0PvJMeJDj_Pbgf2EW7vKpw26At2ItmAdU8qvVKn2r8Brian S.Brijbag Esq discusses how social media could impact your personal injury case. “I’m Brian Brijbag. I’m a Florida personal injury and car accident attorney. And today we’re going to be talking about social media and how that might affect your personal injury case. If you’ve been in an accident, you have claims that you’ve been injured. Part of those claims might be that you’re not able to work or you’re suffering injuries or disability. And this is where social media can have a significant impact – a negative impact. What you post on social media can be twisted and used against you and you want to be careful about that. If you’re claiming that you have significant injuries and there’s posts on Instagram or on Facebook of you engaged in activities – maybe you’re swimming from a rope swing, you know maybe you’re skydiving. Maybe you’re doing whatever it is you’re doing, playing golf. Any of these types of images can affect your case in a negative way. And even if it’s not true, it could be used against you. I mean, it could be a picture that’s two years old. But it raises a question mark. And even if it doesn’t come in at trial, it could still affect your settlement prospects. I’m telling you this because social media and Facebook, Instagram, are having an impact more and more and more. And a lot of people don’t realize that what they put online will affect their life and
Christmas Tree Safety Tips
We here at The Law Firm of Brian Brijbag take pride in our family’s Christmas tree, just as we’re sure many of you do. But did you know that Christmas trees, while being beautiful and inviting joy and holiday spirit, also pose an increased risk of house fires? In fact, the U.S. Fire Administration states that Christmas tree fires even tend to be more dangerous than normal fires; 1 out of 32 Christmas tree fires end in death. To prevent an unfortunate disaster, follow these five Christmas Tree safety tips: Buy a fresh, green tree as close to Christmas as you can. I’m sure many of you already have your tree up and decorated, but if you haven’t gotten a tree yet and plan to buy a live one, look for the freshest one available. If the needles on the tree are brown or fall off when touched, then the tree is dying out. Healthy, green trees have more moisture and are less likely to catch fire! Place the tree away from hazards. We all want our Christmas tree to be in the best spot in the house, but if it’s within three feet of heat sources such as fireplaces, radiators, candles, or heating vents, then it could be a serious fire hazard, according to the National Fire Protection Association. Additionally, always keep an eye on pets and children around the tree so it doesn’t fall over. Consider using a sturdy tree stand and anchoring the tree to the wall.
A Quarantined Mother’s Day
There is little doubt that Mother’s Day 2020 will be unlike any in recent memory. With the current COVID-19 pandemic, the family visits and dinners will be very different if they even happen at all. Many families may be planning to have a virtual Mother’s Day celebration to show honor and love to their matriarch as best as they can considering our current restrictions. For those with mothers in nursing homes and senior care facilities, Mother’s Day will heighten the current anxiety and loss as many of these of these places have instituted tight rules limiting (or even banning altogether) any visitors. As the COVID-19 virus is especially dangerous in a group senior care setting, many sons and daughters may be unable to be in the same room with their mothers let only have any physical contact. Even normal social-distancing guidance may not be enough when looking at this vulnerable population. Here are some suggested ways to consider celebrating mom this Mother’s Day: Use the same virtual tools we are using to work and learn from home – Senior care workers should be able to assist your loved one with the needed technology to get on a Zoom, Skype, or FaceTime. While this is not a substitute for telling mom you love her in person, using a web-based solution will allow you both to hear and see each other. You should also be able to connect with others so multiple families can join with mom at the same time. Find ways
3 Mistakes To Avoid With Your Doctor Following An Accident
https://www.youtube.com/watch?v=siSy0__YYEY&feature=youtu.be&fbclid=IwAR3Jgkn_PE6GjtGSyl_9Ei4WpMF5w2htbLcnXKdyyT5gVrAjowUbWp4fQhADoctor Mistakes: I’m Brian Brijbag. I’m a Florida accident and injury attorney. You’ve been in an accident. You’re hurt. You’re on your way to see your doctor. What do you need to be mindful of when you see your doctor and seek medical treatment? You need to know these factors because they could have a serious impact on the result in your case. And the first thing you need to know is get in to see that doctor as soon as possible. Because if you don’t, you may be denied certain insurance coverage. And if you don’t, your injuries are not going to look as compelling when a jury is evaluating them, when an insurance adjuster is evaluating them, when really people are looking to see what the significance of your injuries are. And also, what if you have a serious injury and you don’t seek treatment? We want you to get better. We don’t want you to be hurt, and if you delay treatment you might hurt yourself more. Next. Be complete. If you’re not complete with your disclosures to your doctor, then they might not know what they’re treating. They might not know what they’re looking for. You might be misdiagnosed, you might be mistreated. They might miss something that’s important, and we don’t want them to miss anything. We want everything on the table. That way, any injuries you’ve got are in the record. That way, you can be treated. That way, the doctor can protect you and
COVID-19 Vaccine Injuries: What You Need to Know
COVID-19 Vaccine Injuries: What You Need to Know With the recent announcement and rollout of the COVID-19 vaccine, there has been differing information spread online about the efficacy and safety of the approved vaccines. The CDC has put together an informative website describing how the COVID-19 vaccine works. Yet, COVID-19 vaccine injuries have been reported and should be taken seriously. Attorney Brian S. Brijbag, a Florida personal injury lawyer, also holds a Masters Degree in Public Health and is well versed to speak on this topic. The majority of COVID-19 vaccine injuries tend to be minor reactions that go away by themselves within a few days. These reactions can include mild fevers and headaches, along with swelling, soreness, and/or redness at the injection site. However, when these reactions are more severe or last longer than expected, it is possible that the vaccine has caused a harmful injury. Depending on the circumstances, this harmful injury may make the injured party eligible for compensation for past and future injury-related expenses and stresses that are not covered by their payment protection insurance. This compensation could include physiological suffering, permanent disability, lost wages and benefits, hospital costs, and rehabilitation costs. Compensation is also possible if there is evidence that a vaccine caused the death of a loved one. Eligibility for compensation can be determined in a few ways. The National Vaccine Injury Compensation Program has a list called the “Vaccine Injury Table” that has covered vaccines for which you could receive compensation if you
Father’s Day 2020 – A Look at some Hunting-Related Legal Actions
As we come to Father’s Day, we are reminded of the many ways that fathers impact our society and the important role they can play in the lives of their children. We have seen models of fatherhood through the funny, wise, sometimes clumsy sitcom dad or in our own encounters with men who take the responsibility seriously. Each dad is unique, and we salute those that live up to the hype this Father’s Day! Dad’s around the world can be found working on cars, golfing, or enjoying the outdoors. Their hobbies become part of their personality, and often are so ingrained that when we think of dad, we think about the thing’s dad loves to do. A popular activity among fathers, especially here in Florida, is recreational hunting. This Father’s Day, we will look at some hunting-related cases concerning negligence and rights. Mary Ann Hilston, et al. v. State of Montana – In this wrongful death action filed by the widow of Timothy Hilston, the courts ruled that the State could not be held liable for the death of Hilston. Hilston was hunting elk on the Blackfoot Clearwater Wildlife Management Area located in Montana when he was attacked and killed by grizzly bears. The Montana Department of Fish, Wildlife and Parks (FWP), in response to recent bear attacks, determined that the best strategy to prevent further attacks was to surround the hunting ground with carcasses prior to Hilston’s fatal incident. Hilston’s estate argued that action actual increased the probability of
New Year’s Eve: How to Have Fun While Staying Safe
NYE Celebrating the New Year – New Year’s Eve: How to Have Fun While Staying Safe From fireworks to drinking and partying, it’s no surprise that New Year’s Eve is one of the deadliest holidays of the year. For many people, the winter holiday season is about spending time with friends and loved ones, enjoying a break from work or school, celebrating good fortunes, and optimistically looking ahead to what will come. This leads to people consuming a lot of alcohol, which can have disastrous consequences. So, what are the risks on New Year’s Eve? Injuries (like head trauma, shattered knees, whiplash, spinal damage, broken legs, chest injuries) and even death from drunk driving accidents. Approximately 300 people die in drunk driving accidents in the week between Christmas and New Year’s, and in December of 2016 alone, 781 people died in drunk-driving related accidents. In all car accidents on New Year’s Eve, about 42% involve a drunk driver. Alcohol poisoning. 40% of men and 47% of women binge drink on New Year’s Eve. Some signs of alcohol poisoning include slow or irregular breathing, vomiting, confusion, and low body temperatures. Burns and other injuries from fireworks and gunfire accidents. Pedestrian injuries. Tips for staying safe: Decide on someone to be the designated driver for the night, before the drinking starts. Alternatively, use public transportation, or call a cab or rideshare service like Uber. Do not walk home drunk, especially if you’re by yourself and/or will be traveling along busy roads. Check the weather for the night before you
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Attorney Brian S. Brijbag is a Florida licensed lawyer who practices personal injury law.. Serving the Nature Coast of Florida, Attorney Brijbag represents clients in Hernando, Pasco, and Citrus counties. We will help you receive your just compensation if you are the victim of someone else’s negligence. We offer virtual consultation when appropriate and can travel to you. There are NO COSTS UNLESS WE WIN!
Free legal resources in Florida:
- Florida Law Help – A comprehensive legal information website offering a directory of all legal aid offices throughout the state. It covers a wide range of legal areas such as Family Law, Domestic Violence, Immigration, Housing, Public Benefits, and more. Visit Florida Law Help for more details.
- Florida Rural Legal Services – Provides high-quality civil legal services to address the special legal needs of migrant and seasonal farmworkers throughout Florida. They also offer a virtual legal advice clinic where you can ask questions and receive answers. For more information, visit Florida Rural Legal Services.
- Three Rivers Legal Services – Offers free civil legal aid and has been providing such services since 1978. They serve a broad audience, including veterans and survivors of abuse. Their website, Three Rivers Legal Services, contains informational videos and resources on various legal topics.
- Legal Aid Service of Broward County – Provides free civil legal services to low-income and otherwise eligible residents of Broward County. You can find more information on their website, Legal Aid Service of Broward County.
- Legal Services of North Florida – More details can be found on their website, Legal Services of North Florida.
- The Florida Bar – The Florida Bar Lawyer Referral Service is designed to make it easy for consumers to connect to verified attorneys.
These organizations provide legal services and support for various communities in their field. It’s recommended to visit their websites or contact them directly for specific legal advice.
5 Things You Must Know If You Are Ever In A Car Accident
Brian S. Brijbag, Esquire
The frightening reality is that the likelihood of you getting in a car accident at some point in your life is pretty high. They can be scary – the confusion at the accident scene, the physical pain, and all the phones call afterwards to try and get your life back together. A car accident can certainly be an impactful disruptor of life. That is why it is important to know these 5 things:
1. What to do
• Stop your vehicle immediately and position yourself in a manner as not to obstruct other motorists. In fact, leaving the scene of an accident can be a crime.
• Stay Calm.
• Call 911 to get help for anyone that is injured.
2. Get the information included in our “Car Accident Information Sheet”
This includes the names, phone numbers, and license numbers of all involved including witnesses. The insurance information of all the drivers involved with the make, model, and license plate number of each vehicle. Note the exact time, location, and road/weather conditions. Also note the injuries and damage.
3. Do not start apologizing
It may seem like good manners to apologize if you feel you were at fault but this is not the time to practice that particular social etiquette. Simply saying, “I am sorry” could be looked at as an admission of liability if you find yourself in court at a later date.
4. Get medical attention for yourself
Many states have specific timelines to seek medical treatment after an accident and missing those deadlines may limit or even invalidate your benefits. Symptoms may not immediately present themselves after a car accident as adrenaline has kicked in making you oblivious to the pain. That is why it is best to see a doctor that specializes in the unique medical needs of post-accident injuries. The things to look for include:
- • Headaches and nausea
- • Muscle pain or weakness
- • Pain in the neck, shoulder, or back
- • Dizziness or swelling
- • Feelings of fear, anxiety, or depression
- 5. Be careful who you talk too
You may start to get calls from the insurance companies that represent the other drivers. They will want to get details from you that may adversely impact you later. Do not talk to them! Your best bet is to consult
with an attorney that specializes in these types of cases so they can guide you through the process of being made whole again.
While we do whatever we can to avoid an accident, no matter how careful we are, the reality remains that one happens every 5 seconds. Do not let the next one be you. To be safe, try and follow these tips:
- • Plan your trip before you leave
- • Know where you are going and the route you plan on taking
- • Know your travel time
- • Give yourself plenty of time to get there
- • Keep your vehicle well maintained
Florida Teen Drivers – Typical Mistakes to Avoid
One of the most important milestones for most teenagers, getting their driver’s license is a big deal and a time of great pride. Being a parent of five children, and having been through the teenage driving period multiple times, I know the worries of every parent – the roadways are a very dangerous place, especially for inexperienced drivers. For Florida teen drivers, car accidents are the number one cause of death as well as a leading cause of injury.
Some the typical errors made by teenage drivers include:
Lack of Wearing a Seat Belt – When looking at statistics involving teenage drivers, the National Highway Traffic Safety Administration (NHTSA) found that seat belt use among teenagers is the lowest as compared to all other age groups. In fact, in a 2016 study looking at fatal teen car accidents, 58% of the time, the drivers and passengers were not wearing seat belts.
Driving too Fast – That same 2016 study revealed that speeding was a factor in 32% of fatal crashes involving a teen driver. Even for seasoned drivers, excessive speeds increase the likelihood of getting into an accident and also makes a crash exponentially severe. When it comes to having the ability to make quick decisions and reacting swiftly, that is a skill that comes with experience, something Florida teen drivers lack.
Driving and Drinking – Underage drinking is a problem among our young people, and mixed with driving, it becomes even more deadly. The 2016 study also concluded that in these fatal teen driving accidents, alcohol was an element 20% of the time. Mixture of underage drinking with inexperienced driving skills is a devastating combination.
Peer Pressure – When around other teens, it is well established that they may make decisions that they may not otherwise have made absence the pressure. When driving with other teens as passengers, studies have shown that Florida teen drivers are more likely to engage in risky behaviors. More teens in the car equal even more pressure to do something regrettable.
Driving while Distracted – Teen drivers, due to maturity and inexperience, are much more likely to be distracted by phones, the radio, or something else mores than other drivers. When asked if they have ever texted while driving, 33% of teen drivers stated “yes.” This activity increases the risk of an accident 23 times. A distraction of even a couple of seconds could have deadly consequences.
Doing stupid things – Finally, and particular for young male drivers, teens are much more likely to engage in unnecessary behavior. They may try and mimic the latest social media fad or challenge. They may decide to drag race, do burnouts, or some other type of stunt. Teens may decide it would be fun to drive on the hood or hang out of a window. Even seemingly well-behaved teens could have a momentary lapse in judgement that could result in catastrophic and life-altering consequences.
As parents, we need to make sure our children get as much experience and education of possible about driving. It is important to make the time to allow them to practice so they can understand the dangers of driving. Give driving privileges in stages and have them earn your trust. Talk to them about driving safety. Even if you think “never my child,” you would be surprised how common underage drinking is – make sure they know they can call you for a ride without fear. Lets keep our Florida teen drivers safe.
If your Florida teen driver is in an accident, do not hesitate to call our office at (352) 358-5880. As a Spring Hill Car Accident Attorney, Brian S. Brijbag Esq is here to help your family. It is important to have an experienced personal injury lawyer on your side. Please call for a free consultation.
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For the general public: This Blog/Web Site is made available by the law firm publisher, The Law Firm of Brian S Brijbag PLLC, for educational purposes. It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
For attorneys: This Blog/Web Site is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients. Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next. As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.
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