Best & Anderson, P.A.

Whiplash Can be a Very Serious and Long-Lasting Injury

2008-07-01T13:01:00.001-04:00

Whiplash is a non-medical term used to describe neck pain following an injury to the soft tissues of your neck (ligaments, muscles and tendons, specifically). Whiplash is caused by a motion or force applied to your neck that results in movement beyond the neck's normal range of motion.

The most common cause of whiplash is a car accident. The speed of cars involved in the accident or the amount of physical damage to the car may not be related to the intensity of neck injury. Speeds as low as 15 miles per hour can produce enough energy to cause whiplash in a passenger in your car even if they are wearing their seatbelt.

Whiplash can also be caused by contact sports and blows to the head from a falling object or even from someone punching you. Child abuse, such as repeated shaking of the child, can also result in this injury (and cause even more serious brain and spinal cord injuries).

If you think you have suffered a whiplash injury, you should seek medical attention immediately as there may be more serious injury involved.

The symptoms of whiplash are:

Neck swelling
Neck pain
Tenderness along the back of your neck
Muscle spasms in the neck or back
Difficult moving the neck
Pain
Headache

Some recommended treatments for whiplash include

Applying ice to your neck for 35 minutes at a time up to four times a day (use a towel; do not apply ice directly to your neck)
Take pain relief such as ibuprofen or acetaminophen
Neck massage
Neck rest
Heat therapy
Neck brace

Most people recover completely from a whiplash injury in the first 12 weeks following the injury. Other symptoms can continue and persist for months, even years. No reliable way exists to predict your prognosis for recovery from a whiplash injury.

If you or a loved one has been in an automobile accident and suffered a whiplash injury in Orlando or anywhere in Florida, please call the experienced automobile accident attorneys Best & Anderson, Attorneys at Law today to schedule your initial consultation.

Do You Have Under-Insured Motorist Coverage?

2008-06-02T12:28:00.000-04:00

While most of us have car insurance, we may not all know exactly what our policy provides in the event of a collision. If you've been in an automobile accident, you know the cost of repairs can be very high; when there are injuries, especially serious ones, involved in those accidents, the bills can be astronomical. We assume that because we have insurance, our bills will be paid in the event of an accident with injuries. However, that is often not the case.

In May 2006, the Nixon family was heading home after a family trip to Florida. Bob Nixon was driving, and his 8-year-old son Travis was sleeping in the front seat next to him. Travis' 5-year-old sister, Danielle, was in a child seat right behind Bob, and wife, Nancy, was seated in the back seat behind Travis.

All but Bob were asleep when a drunk driver smashed head-on at 60 mph into their SUV Chevrolet Tahoe. The force of the impact caused the body of the Tahoe to shear from the bolts that held it to the truck's chassis. The impact also caused the floorboards to rise and the dashboard to come down in front of Travis, who was laying crossways in the front seat with his seat belt on. Had Travis been sitting upright, his legs would have been severed. Karen Nixon was pinned against the back of the front seat; her pelvis, thigh, leg, arms and ribs were broken, and she suffered a head injury. Travis suffered head injuries and compound fractures to both of his legs.

Just when the Nixons thought their nightmare could not get worse, it did. They soon found out the driver of the vehicle that hit them had insurance that only covered $25,000 per occurrence. The Nixons had uninsured driver's coverage, but they did not have under-insured driver's coverage. The majority of their medical bills would not be covered, and they would be left with several hundreds of thousand of dollars in expenses. The man who hit them had the minimum coverage that was required in the state of Tennessee.

Because the Nixons, like many families, did not know about under-insured motorist insurance, they will have the burden of financial debt for the rest of their lives.

If you or a loved one has been seriously injured or killed in a car accident in Florida, please contact the experienced Car Accident and Personal Injury Attorneys at Best & Anderson, Attorneys at Law in Orlando today to schedule your free initial consultation.

How Are SSDI and SSI Different in Florida?

2008-05-06T18:26:00.000-04:00

People often ask about the differences between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), and there are distinct differences between the two that only an experienced Social Security Disability Attorney can explain to you.

The Social Security Administration is the agency that is responsible for the two major programs that provide benefits based on disability: SSDI and SSI. SSDI is a disability insurance program financed with Social Security taxes paid by workers, employers, and self-employed people. To qualify for SSDI, the worker must earn a certain level of credits based on taxable work. SSDI disability benefits are payable to blind and disabled workers, widows, widowers and adults disabled since childhood if they are otherwise eligible.

SSDI benefit amounts are determined by a formula which takes into account your earnings record and allows for yearly increases in the individual benefits in order to reflect adjustments in the cost of living. The amount of your benefits is based on your average earnings for all of the years you have been working and not just your most recent salary.

SSI is a need-based government assistance program, and SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible.

If you would like to learn more about SSDI or SSI benefits and which you may be eligible for, please contact the experienced Orlando, Florida Social Security Disability Attorneys Best & Anderson today to schedule your free initial consultation.

SSDI and SSI Filing Requires an Experienced Attorney

2008-04-30T11:57:00.001-04:00

If you are disabled and unable to work, it is highly suggested you pursue a claim for Social Security Disability and get it filed immediately because disability claims can take a very long time to process. Many claimants for disability benefits have experienced severe problems and hardship because they had no idea how long the process would be. When they realized this, it was too late. If you apply and your initial claim is denied, an experienced SSDI attorney can help you with the claim for continuing and past due benefits.

A claimant will typically be approved on initial application or will have to follow the appeal route, at least to the point where your case is brought before an Administrative Law Judge at a Social Security Disability hearing. This is not always the case, but it is most often the case. Initial claims are denied up to 70% of the time, and for this reason, most claimants will have to go to a hearing if they hope to be approved. No claimant should ever go to a hearing without an attorney.

Another piece of advice is this: Since your SSDI or SSI claim will be evaluated completely on the basis of your medical records, the best advice is to get regular, ongoing medical treatment. If you lose your medical coverage before your claim for benefits is approved, as usually is the case, you should try to be seen at a free clinic, health department, or emergency room. These treatment sources may not be as good as one regular doctor, but they are better than having no treatment record at all. The general rule is that you cannot be approved for SSDI or SSI if you are not seen by a medical provider at least once every two months.

If you would like to learn more about the very lengthy and complicated process of filing for SSDI or SSI in Florida, please contact the experienced Social Security Disability Attorneys at Best & Anderson, Attorneys at Law in Orlando, Florida.

Abduction and rape at Wal-Mart

2008-04-10T09:45:00.003-04:00

The unfortunate incident that took place on Tuesday, April 8th at the Wal-Mart on S. John Young Parkway shows the importance of keeping a high level of security at retail venues. A business owner has a legal duty to provide adequate security to protect its customers against foreseeable criminal acts of others. A criminal attack may be foreseeable if there have been prior criminal attacks at or near the business. If you or someone you know has been injured at a commercial venue due to a criminal act, call us, we may be able to help you get the compensantion you deserve.

Victims of sexual abuse in hospital

2008-04-01T17:04:00.002-04:00

The Orlando Sentinel reported on March 30th that a male nurse and repeat sexual offender has been preying on vulnerable patients in the Central Florida area for several years. The state of Florida has no shared database to track nurses that have been arrested. This particular nurse has been on the payroll of every major hospital in the Orlando area. Our firm has obtained compensation for victims of these types of crimes before. If you or someone you know has been a victim of this type of sexual abuse, our law firm could help you get the compensation you deserve.

Accommodating Traumatic Brain Injury Sufferers in the Workplace

2008-03-31T11:33:00.001-04:00

Traumatic Brain Injury (TBI) occurs when a sudden trauma to the head causes damage to the brain. According to the National Institute of Neurological Disorders and Stroke (NINDS), there are approximately 1.5 million TBI incidents reported each year.

TBI can be as simple as a minor blow to the head or a concussion, or it can be as serious as a fracture to the skull. Trauma to the head can also cause the brain to bleed or bruise, with no outward appearance of injury at all.

Motor vehicle accidents are the most common cause of TBI; other causes are falls, violence, sports-related incidents, and child abuse. The milder types of TBI can manifest themselves in the form of dizziness and headaches, and more serious injuries to the brain may include symptoms of vomiting, convulsions, slurred speech, loss of coordination, and numbness in the extremities.

People who have suffered a TBI often continue to work, and now there are many ways employees with TBI can be accommodated in the workplace. The Job Accommodation Network, which is a service of the U.S. Department of Labor, has composed a fact sheet entitled, “Employees with Brain Injuries,” describing a variety of ways employees with TBI can be accommodated in the workplace.

Better lighting, vision aids for the computers, and large print materials are just some examples of how TBI sufferers with vision problems can be accommodated. Reducing the number of distractions and the amount of clutter in their work area can aid in concentration, and tape recording meetings can certainly help with memory.

If you or a loved one has suffered a traumatic brain injury or some other personal injury in Orlando or anywhere in Florida, please contact the experienced personal injury attorneys Best & Anderson, Attorneys at Law today to schedule your free initial consultation.

Motorcycle Helmet Laws Hot Debate Topic

2008-03-06T17:15:00.000-05:00

Motorcycle helmet laws are highly political and hot topics of debate throughout the United States. The federal government is unable to set a national helmet policy because constitutionally-speaking, helmet law is under the jurisdiction of individual states.

However, the federal government has attempted to influence state policy in the past by creating the Highway Safety Act of 1966, which authorized the Department of Transportation to withhold portions of federal highway road construction funds from any states that did not enact motorcycle helmet laws for all riders. This Act prompted 38 states to enact a helmet law by the end of the following year, and by 1995, 47 of 50 states had a law requiring all riders to wear helmets.

However, that same year, Congress withdrew the federal requirement, and three years later, half of the states with helmet laws repealed those statutes. And, since that time, many states have modified the law to only requiring minors to wear helmets while on motorcycles. Currently, 20 states and the District of Columbia require all riders to wear helmets; 27 states have limited helmet laws; and only 3 states have absolutely no regulation on helmet use.

Though there are passionate activists on both sides of the helmet issue, most people can clearly see that helmets contribute to the surprisingly low numbers of motorcycle injuries and fatalities along our nation's highways.

If you or a loved one has been injured in a motorcycle accident in Orlando or anywhere in Florida, please contact the Motorcycle Accident Attorneys at Best & Anderson today to schedule your free initial consultation.

Negligent Security

2008-02-26T10:06:00.002-05:00

As reported by the Orlando Sentinel:

The family of an off-duty police officer is filing a law suit against Bank of America and the property owners of the bank's branch on Silver Star in Pine Hills. The off-duty officer was shot in his car after he used the ATM. The lawyer representing the family claims that in high-crime neighborhoods ATM's need to be more protected. Bank of America had no comment.

Know the bad nursing homes

2008-02-14T12:59:00.002-05:00

Centers for Medicare/Medicaid Services (CMS) has finally released a list of the worse nursing home in the nation. The release of information, initially resisted by the Bush administration, took place Tuesday after several Democratic lawmakers pushed for full public disclosure. The list will be updated on a quarterly basis. The infractions can rage from inadequate facilities for residents with Alzheimers, unnecessary medication, and other day to day hazards.

Please use the link below to see entire list:

http://www.cms.hhs.gov/CertificationandComplianc/Downloads/SFFList.pdf
Senate Special Committee on Aging: http://aging.senate.gov/

Medical care for auto victims continues to rise

2008-02-14T12:33:00.004-05:00

The Insurance Research Council, (IRC), reports that the cost increase for medical care in auto accidents continues to exceed the inflation for healthcare as a whole. While medical care inflation was 4% for 2007, the increase for claimants under PIP was 8%. A spokesperson for the IRC claims that this discrepancy could be the result of cost shifting from other areas where providers could be facing more cost pressure. Insurance rates, which have been stable for the last several years, could be adversely affected if PIP medical claims continue to inch up.

Construction Third Most Dangerous Industry

2008-02-11T14:13:00.000-05:00

The construction industry is one of the largest industries in the United States and also one of the most dangerous. It ranks third in the number of work-related injuries and deaths, following only mining and agriculture industries. For every 100,000 construction workers in the United States, 15 die due to injuries sustained while working. Many construction site accidents involve falls from ladders, scaffolding and roofs; others involve heavy objects falling on workers.

One of the most common types of construction site accidents is scaffolding accidents, primarily falling from scaffolds. Regardless of strict safety standards in the state of New York, all construction workers risk their lives every day while on the job, especially if their work entails climbing on equipment such as scaffolds. Injuries related to scaffolding are often severe and can result in permanent disability that prevents the injured worker from ever returning to work.

Because New York state law prohibits employees from suing their employers for on-the-job accidents, architects, contractors, property owners and equipment manufacturers may be held liable for injuries or wrongful deaths that take place on a construction site. Many construction workers may not even be aware that New York State Labor Law Sections 200, 240 and 241 are designed to protect workers when the fall from any height or when they are injured by an object falling from a height.

These labor laws also protect workers when the equipment they are using is not safe or properly maintained and inspected; the laws also allow injured workers to receive an insurance settlement for damages such as pain and suffering and permanent injury.

If you or a loved one has been injured in construction site accident in Orlando or anywhere in Florida, please contact one of the experienced Construction Accident Attorneys at Best & Anderson, Attorneys at Law today to schedule your free initial consultation.

Death at the racetrack

2008-02-11T10:51:00.001-05:00

A Central Florida resident recently suffered a heart attack at Daytona Speedway while participating in the Richard Petty Driving Experience. This is not the first such death involving this event. The rush of adrenalin provoked by these extreme experiences can be a catalyst for heart failure. Consent forms are usually standard for participation in all these extreme events. However, not all consent forms will absolve event organizers from all responsibility. Please feel free to contact us regarding the subject of consent forms regarding these types of extreme situations.

Drownings in pools

2008-02-11T10:50:00.000-05:00

Countless times we read about unnecessary tragedies involving drowning or severe injuries in pools and water parks. Many of these deaths and injuries involve small children. Florida has laws demanding that pools should be properly enclosed to prevent these types of injuries. Improperly designed pools can also be the cause of tragedy, as many people get stuck on intake drains unable to break free. If you have a question regarding the laws regulating these subjects please feel free to contact our law firm for more information.

Video games become essential to physical therapy

2008-02-11T10:49:00.001-05:00

Wiihabilitation. It' s a new word coined to describe a new concept in Physical Rehabilitation. After an injury or surgery, many people have to undergo rigorous physical therapy to rebuild muscles and body functions. This physical therapy can be very painful...and very boring. Enter the Wi, a video game where the hand controllers aren't tied to the console by wires. As you move the controller in the air, it's movements are translated into action on the TV screen. By adding light weights to the arms and legs, playing a video game can become a full workout! Many physical therapists report that the use of these devices makes that patients work harder as they get caught up in the game and actually work harder and longer.

Woman Sent To Hospital After Jumping From Fiery Ride At Disney

2008-02-11T10:47:00.000-05:00

This was a headline on a website earlier today. Apparently a truck in the animal kingdom caught fire and the passengers had to jump to the ground. This unfortunate woman hurt her leg.

We all like to think of theme parks as safe places. And usually they are. But when an event happens and someone is injured, it warrants investigation to determine if the event and injury were unavoidable or if it was the result of negligence.

Should you have questions about an injury you or a loved one received and wonder if it could have been prevented, please feel free to contact us for a free evaluation.

Young shooting victims

2008-02-11T10:45:00.000-05:00

The shooting spree at the tourism capital of the world continues unabated. On Sunday, February 10, two young men were shot dead at the Royal Summit Apartments in south Orlando. This is not the first violent incident at this location. Last year an armed guard was robbed at gunpoint. As the wave of deadly violence envelops our town, all residents must be aware that besides the remedies provided by our criminal justice system, there is sometimes the possibility of civil action. If you have been or know somebody who has been a crime victim, please feel free to call us. We have been helping crime victims for many years to get the compensation they deserve.

Shooting in Orlando

2008-02-11T10:44:00.000-05:00

Five people were recovering from gunshot wounds, Monday, after an Orlando house party got out of control. This morning's headline points out the dangers that can occur when parents don't closely supervise their teenagers. Most people carry homeowners insurance that would apply to this case if the homeowner could be shown to have been negligent...for example if minors had been served alcohol. Each case is very dependent on the specific facts leading up to the injury.

If you have questions concerning an injury you or a loved one has received, contact us for a free consultation.

Man Airlifted To Hospital After Being Hit By Runaway Trailer At Bus Stop

2008-02-11T10:42:00.000-05:00

Anytime. Anywhere. You could be the victim of someone else's negligence. In this case the victim was hit by a trailer that became detached from the truck pulling it. Obviously it appears that the trailer had not been properly secured. Who will cover the victim's medical expenses? How will he hold the trailer owner accountable? Who will pay his lost wages? Only his attorney knows for sure.

If you or a friend have been injured and have questions about who may be responsible for your bills, contact us for a free consultation.

Girl raped in community center - Orlando

2008-01-30T11:02:00.000-05:00

According to the Orlando Sentinel:

An 11 year-old girl was raped at the Jackson Community Center last week. An adult befriended her, bought her some food, took her to a secluded area and then raped her.

If you have been injured in a premise that should have looked out for your safety, you may be able to receive compensation from the negligent entity whether public or private.

Shooting in Pine Hills

2008-01-29T15:53:00.000-05:00

As reported by the Orlando Sentinel:

A transient in the Pine Hills area of Orlando went on a shooting / carjacking spree on Monday, January 28th. The suspect tried to carjack a person at a market in West Colonial Drive then tried to carjack another person at Washington Mutual before shooting at the driver through the window.

Victims of shootings and crime may be able to receive compensation if their injury takes place in a location where the owner or public agency is supposed to maintain a safe environment. Customers have the right to expect that their safety will be a priority; failure by a business or government agency to take preventative action on behalf of the safety of their customers adn users may expose them to civil action by the injured party.

If you have been injured due to criminal activity, call us, we may be able to help you.

Teen shot 1/19/07

2008-01-24T16:10:00.000-05:00

As reported be the Oralndo Sentinel:

ORLANDO - A 15-year-old boy was in critical but stable condition Saturday after being shot while walking out of a convenience store on Mercy Drive, police said.The boy, who lives in the neighborhood but whose name was not released because his family had not been notified, was shot in the side of his chest shortly before 10:30 a.m., said Orlando police Lt. Darryl Braunskill.Witnesses told investigators they saw two men or boys running away from Mercy Market, 1430 Mercy Drive, right after the shooting, Braunskill said.
Detectives Saturday were sorting out what happened and why.

Allstate insurance

2008-01-21T13:23:00.000-05:00

As reported by the Orlando Sentinel on 1/17/08:

Three cheers to the Florida insurance commissioner for trying to stop Allstate from writing policies for anything in Florida. We passed comprehensive insurance reform making it less expensive for insurers to obtain re-insurance. Instead of passing the savings along, the insurance industry changed the pricing models to look only at the past five years.The shorter period takes into account the hurricanes of 2004 and 2005, but ignores the long stretch before that without hurricanes. It also fails to take into account Allstate has dropped hundreds of thousands of policyholders in the past several years, greatly reducing the company's exposure.If Allstate and other companies won't comply with subpoenas to provide information to justify their extraordinarily high rate increases, the state should block them from writing new insurance until they comply. If insurers still cannot find a way to bring rates down, we should not use tax dollars for re-insurance.

How to Avoid Dog Bites

2008-01-15T13:06:00.000-05:00

For years, dogs have been referred to as "man's best friend"; however, each year over 4.5 million people, half of them under the age of 13, are bitten by dogs in the United States. Eighty percent of those incidents involve dogs that the victim knows and interacts with regularly. Because children tend to get excited around dogs and often approach them too quickly and/or too loudly, children are three times more likely to sustain a serious dog bite than adults.

How to Approach a Strange Dog

Never try to pet a dog in his owner's car as dogs are very protective of their space and that of their owner.
Never pet a dog that is behind a fence; they are protecting their property and will most likely bite.
Never pet a dog without asking the owner's permission. If the owner indicates it's ok, approach the dog slowly and quietly, let the dog sniff your hand, and then gently pet the dog's sides or back.
Never pet a dog that is playing with a toy; the dog may think you are trying to take his toy from him.
Never approach a dog that is eating or sleeping; startled or frightened animals are much more likely to bite.

Like humans, dogs use body language to communicate emotions such as anger or fear. Teach your children how to read a dog's body language to reduce their chances of being bitten. An angry dog's ears may stand up, the fur on his back may stand on end, and the tail may be pointed straight up. An angry dog will also usually bare its teeth, growl, and stare at the approaching threat. A dog that is frightened may crouch to the ground, put its tail between its legs and fold its ears back.

Loose dogs often pose very serious threats and should not. If a loose dog approaches you, avoid eye contact and slowly walk away from the dog. If the dog comes right up to you, however, stop and stand perfectly still with your arms and hands at your sides. Never, ever try to outrun a loose dog.

According to the National Association for Human and Environmental Education, most dog bites can be prevented if these simple suggestions are followed.

If you or a loved one has been injured by a dog bite in Orlando or anywhere in Florida, please call Florida's Dog Bite Injury Attorneys Best & Anderso n today to schedule your free initial consultation.

New Study Helps with Understanding Concussions

2007-12-19T12:41:00.000-05:00

Concussions in young athletes are a very common form of traumatic brain injury, but the changes that occur in brain function because of those concussions have been poorly understood in the past. A recent University of Pittsburgh School of Medicine study linked changes in brain function directly to the recovery of the injured athlete.

The study was funded by the National Institutes of Health and was published in the journal Neurosurgery, the official journal of the Congress of Neurological Surgeons.

“These results confirm crucial objective information that is commonly obtained by neuropsychological testing to help team doctors and athletic trainers make critical decisions about concussion management and safe return to play," according to principal researcher Mark Lovell, Ph.D., the founding director of the University of Pittsburgh Medical Center (UPMC) Sports Medicine Concussion Program, a research program focused on the management of sports-related concussions.

The findings have several implications for understanding the recovery process after sports-related concussions.

According to the Centers for Disease Control and Prevention, between 1.4 and 3.6 million sports and recreation-related concussions occur each year, with the majority happening at the high school level.

A concussion can occur when an athlete receives a traumatic force to the head or upper body that causes the brain to shake inside of the skull. Injury is defined as a concussion when it causes a change in mental status such as loss of consciousness, amnesia, disorientation, confusion or mental fogginess. The severity, effects and recovery of concussion are difficult to determine because no two concussions are alike, and symptoms are not always straightforward.

If you or a loved one has suffered a traumatic head injury in Orlando or anywhere in Florida, please contact Personal Injury Attorneys Best & Anderson, Attorneys at Law today to schedule your free consultation.