While you do not necessarily need a lawyer to help you through the application process, working with an experienced Social Security attorney can improve your chance of approval. An attorney can also be a helpful ally if you have wrongfully been denied benefits.

If you or a family member is currently navigating the Social Security Disability system, we recommend getting in touch with a Florida Social Security lawyer as soon as possible. At Colling Gilbert Wright, we support disabled people and their family members. We can help ensure you receive the benefits you need and deserve. To schedule your FREE case review, call us today at (407) 759-7948.

Social Security Disability & Eligibility

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs designed to support those who are unable to work or make an adequate income because of disabilities.

While these programs are much-needed protections for people with disabilities, the process for obtaining benefits—and even understanding what you qualify for—can be complicated and overwhelming.

First, you need to know what it takes to qualify for Social Security Disability Insurance payments, after which you can get a better sense of what you may be eligible to receive in monthly payments.

What Automatically Qualifies You for SSDI in Florida?

There are two criteria for qualifying for Social Security Disability:

1. You must suffer from a disability or blindness
2. You must have enough work history

In terms of work history, you generally must have worked 5 out of the last 10 years to receive enough work credits, unless you are under the age of 24.

Work History Qualifications

The Florida SSA office looks at how long you have worked and how recently you have worked to determine if you’re eligible for SSDI. Your length of work is measured in Social Security credits, and you get a maximum of four credits per year based on income. Your age when you became disabled determines how many credits you need to qualify.

If you are younger than 24 when you apply, you must have earned at least six Social Security credits in the three years preceding your disability. Applicants between the ages of 24 and 31 need six credits plus one additional credit for each year between their 21st birthday and the onset of their disability. 

Applicants between 32 and 40 must have earned 20 credits in the ten years before their disability, and the number of credits necessary rises as you age. Credits must have been earned within the preceding ten years if you are 32 or older when you apply.

Establishing a Disability

For the first criterion, the Social Security Administration (SSA) relies on the Disability Evaluation Under Social Security guidelines, referred to as the Blue Book. This is a full list of conditions and impairments that qualify individuals for Disability, from musculoskeletal conditions to immune system disorders. If your condition meets or exceeds the criteria listed in the Blue Book, the process for qualifying for Disability will generally be much easier.

If you are suffering from a debilitating condition not listed in the Blue Book, that does not necessarily mean you are unable to receive Disability benefits. However, it may be more difficult since you will need to be able to prove that your condition keeps you from making a living. A Florida Social Security lawyer could offer valuable guidance on how to build a strong claim for benefits. 

Other Eligibility Criteria

Your disabling condition must be serious enough to prevent you from working for at least one year. You also qualify if your condition will eventually cause your death.

You must be unable to perform your current or last job due to your disabling condition. You are not eligible for Disability if you can still perform the job duties you had when you became disabled. You are unlikely to be approved if you are able to perform a similar job. The SSA will also evaluate whether you can work at any job.

Special Rules if Your Disability is Blindness

The Florida SSA office considers you blind if your corrected vision in your best eye is 20/200 or less, or if your visual field in your better eye is 20 percent or less. Your blindness must persist or be expected to persist for at least twelve months for you to be eligible for SSDI.

Some of the rules regarding work credits and allowable earnings are more generous if your disability is blindness. Our knowledgeable Social Security disability attorneys can explain the specifics and help you compile the documentation proving you qualify.

Eligibility for Supplemental Security Income (SSI) Benefits

The Florida SSA office uses the same criteria to determine whether your disability qualifies you for benefits, whether you are applying for SSI or SSDI. The difference is that SSDI benefits are for people who have paid into the Social Security system through working. SSI is available to people of limited means who have never worked or have not worked enough to qualify for SSDI.

Low-income people aged 65 or older, and people of any age with blindness or other disabilities, can apply for SSI. Your income must be below a limit that changes annually, and you must have few other assets. The team at The Florida Firm can explain the income and asset limits currently in effect when you apply.

How Much Does Florida Pay for Social Security Disability?

Since Social Security Disability is a federal program, Florida does not technically pay for Disability. Instead, the federal government covers SSDI and SSI payments.

How much SSDI you are eligible for depends on several factors, including your average earnings while you worked and how much Social Security tax you have paid.  It’s a complicated calculation, so the best way to determine what you would be eligible for is to create an account and enter your information on the SSA’s website, which will then calculate your estimated monthly payments.

A few important numbers to know:

• While the maximum monthly payment for 2024 is $3,822, this is far more than what most recipients get. In September of 2024, the average monthly payment was just $1,672.65.
• When it comes to SSI, the maximum monthly payment is $943 for an individual and $1,415 for a couple. But again, how much you will actually receive depends on a range of factors and most SSI beneficiaries do not receive the maximum payment. 

If these benefits are not enough to cover your and your family’s needs, you may also qualify for assistance from programs offered by the Florida Department of Children and Families.

Do You Need a Lawyer To Get Disability in Florida?

While you do not need a lawyer to qualify or apply for Disability, an attorney can help you navigate the process for you. Each year, over 2,000,000 Disability claims are submitted to the SSA, and most of these claims are denied.

Working with a Florida Social Security lawyer can help increase your chances of approval by guiding you through the process and ensuring all of your documentation and records are complete while helping you avoid mistakes that could delay your approval or lead to a denial.

Read More: When Should I Talk to a Social Security Disability Lawyer?

Is Florida a Hard State To Get Disability?

Since SSDI and SSI are federal programs, how difficult it is to get Disability should not depend on which state you are in—but that’s not necessarily the case since cases are reviewed by state SSA offices.

According to research, while Florida is not one of the hardest states to get Disability, it’s also not one of the easiest with 40% of initial applications resulting in approvals. Hence, improving your chance of an initial approval may require a great deal of preparation—and possibly an appeal if your initial approval is denied.

The attorneys at The Florida Firm are skilled litigators and could present a compelling and persuasive case if your initial application was denied and you request a hearing.  

How Long Does It Take To Get Approved for Social Security Disability in Florida?

There are a few steps required for Disability approval:

1. An SSA field office must first review an applicant’s eligibility based on non-medical requirements. This typically takes 2-3 weeks.
2. The State Disability Determination Services (DDS) reviews the applicant’s eligibility based on their medical condition. On average, this takes 180 days.
3. The SSA field office approves or denies the claim. This usually happens relatively quickly.

All told it takes about 7 months on average for a claim to be approved or denied, according to the SSA.

How Can a Social Security Disability Lawyer Help You?

Because of how long it takes for claims to be processed by the SSA, it is critical that your application is well-prepared. A Social Security attorney can help you do this by:

• Compiling medical documentation
• Preparing and filing your application
• Identifying and planning for any potential roadblocks

In most cases, this experience and attention to detail can improve your chances of approval. 

If your claim is denied, a Florida Social Security lawyer can help by filing appeals, representing you at hearings, gathering additional evidence, and more.

Reach Out to a Florida Social Security Lawyer at Colling Gilbert Wright Today

If you are applying for Social Security Disability benefits or your application has been denied, the experienced attorneys at Colling Gilbert Wright are here to help. We understand how frustrating it can be to deal with the system, and our goal is to simplify the process for you and your family while giving you the best chance of receiving benefits. We have an excellent reputation among our legal colleagues and other area professionals, who routinely send their family members and clients to us when they need help with Social Security Disability issues.

To get started, contact Colling Gilbert Wright today for a FREE case review with our Florida Social Security lawyers. We proudly serve our neighbors in Orlando and throughout Florida.

The post Do You Need a Lawyer To Get Social Security Disability Benefits in Florida? appeared first on Colling Gilbert Wright.

We allow, even encourage, our precious children to exercise and enjoy themselves at the playground. It is terrifying to think that this source of fun can also cause harm to our little ones. Awareness of the potential issues, some precautions to take, and knowing how to handle an injury should it occur are imperative.

Understanding the most dangerous playground equipment will help you troubleshoot your child’s play. However, if your child is injured on a playground, you will benefit from the assistance of a dedicated and knowledgeable premises liability lawyer. We will help find the party or parties responsible and pursue compensation for your losses. Call Colling Gilbert Wright today at (407) 712-7300 for a FREE consultation.

Most Dangerous Playground Equipment

According to the National Safety Council (NSC), nearly 80% of playground injuries are caused by falls. Falls, of course, can happen while climbing, swinging, sliding, and more. At public playgrounds, climbing apparatuses were responsible for most injuries. At home playgrounds, the swings were the most common culprit. More than 20,000 children a year are treated for a traumatic brain injury like a concussion.

While all playground equipment requires appropriate supervision and safety measures, some equipment has been associated with a higher incidence of injuries.

Swings

Swings are a staple of almost every playground, loved by children of all ages. However, swings are associated with a significant proportion of playground-related injuries. The momentum and height that a swing can achieve may lead to falls, especially if children jump off or are standing on the swing. There’s also a risk of being struck by a swing if a child walks in front or behind it. 

Ensuring swings are set a proper distance apart and are in good working condition can help to reduce these risks. Supervision, teaching children to use the swings correctly, and providing age-appropriate swing options can also make a difference in safety.

Heavy, animal-figure swings are some of the most dangerous. They have caused severe injury and death, and widespread removal has occurred. Additionally, glider swings that hold more than one child at a time have been deemed dangerous.

When teaching kids how to use equipment safely, remind them how to use the swing properly. Your child should always remain sitting while swinging, never swing with more than one child on the same swing, and never jump off a moving swing.

Climbing Equipment

Monkey bars, climbing ropes, and rock walls are just a few examples of climbing equipment found in many playgrounds. While these apparatuses are excellent for developing strength and coordination, they are also responsible for a significant number of injuries.

As stated above, falls from height are a primary concern, with broken bones being a common injury. Many playground safety experts recommend ensuring the surface under climbing equipment is soft enough to cushion falls and limiting the height of climbing apparatuses.

Additionally, free-swinging ropes should be removed or avoided. They can unravel, fray, or loop becoming dangerous not just for falls but as a strangulation hazard.

Trapeze Bars & Exercise Rings

Though trapeze bars and exercise rings are a terrific workout for kids, they are better used in a place with constant supervision. Falls from the equipment are common. Wrenching injuries that result in dislocations and broken bones can also result from unsupervised use.

Using these types of equipment in a gymnastics program where your child is taught proper use and supervised by a coach is ideal. On a playground, the chances are that kids will utilize the equipment for something other than its intended purpose, increasing their chance of injury.

Trampolines

While not traditionally seen as playground equipment, trampolines are increasingly found in public play spaces. They are known to cause a high number of injuries due to falls, awkward landings, or collisions between children.

The American Academy of Pediatrics advises against the recreational use of trampolines. They recommend their use only in supervised training programs for professional athletes. It may be hard to keep children off of trampolines. There are entire fun parks dedicated to trampoline play. However, supervision and clear safety precautions are vital to avoid serious injury.

Slides

Slides can pose a danger, particularly to young children. Improper use of slides (sliding headfirst or climbing up the slide surface) can cause accidents. Moreover, if a child’s clothing or accessories get caught, it could lead to a fall or strangulation.

Younger children may not have the physical coordination to use slides safely, so adult assistance and supervision are necessary. During hot weather, slide surfaces can heat up and cause burns.

Merry-Go-Rounds

While not as common as they used to be due to safety concerns, merry-go-rounds can still be found in some playgrounds. They can be dangerous due to their spinning motion, which can cause dizziness and lead to falls. Children can get their limbs caught underneath or be flung off if the merry-go-round spins too fast.

Seesaws & Teeter-Totters

Seesaws and teeter-totters can pose risks, primarily due to the potential for falls and pinching of fingers or hands. The seesaw seat may also hit children if the other child gets off suddenly. However, even with guidelines for making these types of equipment safer, like embedding tires in the ground under the seats, most seesaws and teeter-totters have been removed from public and private playgrounds because of the perception of danger.

Can Very Young Children Be Safe on a Playground?

Children under six benefit from being outdoors and developing their social skills with other children. The playground helps them do that, but a lot of playground equipment is unsafe for small children, even when they are closely supervised. 

Young children should not play on apparatus that requires upper arm strength, like parallel bars, overhead rings, and arch climbers. Other equipment that may be especially hazardous for very young children includes spiral slides, sliding poles, and log rolls.

Playgrounds should have an area where younger children can enjoy stimulating play safely. Spring rockers, low climbers, playhouses, and short enclosed slides are safer options for young children. Separating the space from older children engaged in more boisterous play also promotes safety.

Common Playground-Related Injuries

Bumps, bruises, and scrapes are common on playgrounds, sometimes indicative of a particularly exciting day of play. However, some playground injuries are more severe. Some common playground-related injuries that may require a trip to the doctor or hospital are:

• Broken bones
• Dislocations
• Lacerations
• Sprains & strains
• Internal organ injuries
• Back and spinal cord injuries
• Concussions

Though terrible to think of, some deaths have occurred while using playground equipment. The American Academy of Orthopaedic Surgeons (AAOS) reports that 147 children 14 or younger died from playground-related injuries over a 10-year timespan. 82 of those deaths were strangulations, and 31 were falls. “While most playground injuries occur on public playground swings and climbing equipment, 70% of deaths occurred on home playgrounds.”

Who May Be Liable for Your Losses?

Depending on the circumstances of the accident and injury, there are a few different ways you may be able to pursue compensation for your losses. These include:

Premises Liability

City or park authorities, the school district, and the owners of other playgrounds could be liable for an accident on their premises. Property owners in Florida have an obligation to keep their premises safe for visitors. When the property is a playground, there is a heightened responsibility to ensure the area and equipment are safe for children to use without unreasonable risk of injury.

The owner or operator of a playground open to the public must inspect it regularly for hazards. When a problem is discovered they must remediate it as quickly as possible. Until the problem is fixed, the owner or operator must restrict access to that area of the playground and post clear warnings against entry.

Even the owners of a private home playground have a responsibility to others. Florida follows the attractive nuisance doctrine, which makes property owners responsible for injuries to a trespassing child if their property contains a feature that would induce the child to enter. If your child trespassed on a neighbor’s property and was hurt on a their playset, the property owner could be liable for your child’s injuries.

Product Liability

If the playground equipment was defective in some way, you might have a product liability claim. The designer, manufacturer, or seller (among others) could be liable for the injuries to your child.

When the design of the equipment was faulty or there was an error in the manufacturing process, the manufacturer could be strictly liable for your child’s injuries. Strict liability might also apply if the warnings or installation instructions were inadequate. 

Attorneys at The Florida Firm also could explore whether anyone involved in producing, selling, buying, or installing the equipment was negligent. If so, their negligence could make them liable.

Read More: Are Product Liability Cases Strict Liability?

Negligent Supervision

When you entrust your child to the supervision of a third party (babysitter, another parent, teacher, daycare worker, camp counselor, etc.) and they fail to provide adequate oversight, you may have a case of negligent supervision.

How to Protect Your Child from the Most Dangerous Playground Equipment

A crucial factor in reducing playground injuries is providing appropriate supervision. Many accidents occur due to misuse of the equipment or lack of understanding of the risks involved. The NSC recommends that kids are strongly supervised, that equipment and ground surfaces are checked for potential hazards, and that children use age-appropriate equipment. It is also important to teach them safe behaviors for using the equipment.

To avoid strangulation hazards, the American Academy of Pediatrics advises that kids shouldn’t “wear or play with anything that could get caught on equipment and become a strangulation hazard.” No one should attach a rope, pet leash, jump rope, or other hazard to playground equipment. Don’t allow your child to wear a sweatshirt with a drawstring, necklace, or helmet when playing at the playground.

Regular maintenance of playground equipment is vital to prevent malfunctions or degradation that could lead to accidents. In addition, implementing safety measures such as shock-absorbing surfaces under equipment, guardrails for elevated surfaces, and ensuring equipment is spaced out to prevent overcrowding can significantly improve playground safety.

What Is the S.A.F.E. Framework?

The National Program for Playground Safety developed a set of protocols for playgrounds aimed at reducing injuries. Called the SAFE Framework, these  protocols were released in 1996 and have been widely, but not universally, adopted. Familiarity with the SAFE Framework can help you choose a place for your child to play. 

The acronym stands for:

•  Supervision, emphasizing that adults must be actively engaged in observing children on the playground
•  Age-appropriateness, tasking playgrounds to install equipment appropriate for various ages and separate the play area for the youngest children
• Footing, reinforcing that at least 12 inches of non-toxic cushioning material should surround playground equipment 
• Equipment maintenance, which is crucial to foster safety

Parents should keep these principles in mind when inspecting playgrounds and deciding if it is an acceptable option for your children.

If your child is hurt on a playground, attorneys from The Florida Firm could investigate to determine whether the property owners adhered to the SAFE Framework. If not, the deviation could be evidence of negligence.

Why Should You Call the Lawyers at Colling Gilbert Wright?

While all playground equipment has the potential to cause harm if not used correctly or if in disrepair, some pieces of equipment are associated with a higher risk of injury. Understanding these risks and implementing safety measures can help reduce the likelihood of playground injuries. However, it’s crucial to remember that no piece of equipment can be considered entirely safe without proper supervision, regular maintenance, and adherence to safety guidelines.

If your child was injured in a playground accident, you are probably scared and devastated. Now is the time to contact the lawyers at Colling Gilbert Wright. We can guide you through the process and handle the legal ins and outs while you focus your energy on helping your little one heal. Other local attorneys and professionals refer their playground injury cases to us because they know they can rely on our professionalism, skill, and empathy for our clients.

Accidents can happen at any time and on any apparatus, not just the most dangerous playground equipment. You will need help to establish what party or entity’s negligence led to this event. Our lawyers have the compassion and experience to seek the justice and compensation you deserve. We represent clients in Orlando and all of Florida.

The post What Is the Most Dangerous Playground Equipment? appeared first on Colling Gilbert Wright.

After your recent ordeal, you’ll need all the assistance you can get to heal and return to your life and routine. Being aware of the possibility of exhaustion after a car accident and knowing what steps to take could be vital to your physical and mental health. Meanwhile, a car accident attorney can aid you in pursuing the compensation you need and deserve for your injuries.

Call Colling Gilbert Wright today at (407) 712-7300 for a FREE case evaluation. You don’t have to suffer alone. We can guide you in pursuing just compensation, remaining by your side every step of the way. We are proud to serve our neighbors in Orlando and throughout Florida.

What is Exhaustion After a Car Accident?

Exhaustion in this context isn’t merely about feeling tired after a long day; it’s a culmination of physical, emotional, and mental fatigue. While everyone’s response to trauma varies, exhaustion can be pervasive, affecting all aspects of life, from personal relationships to professional duties.

Although your sleep may be disturbed, rest does not completely relieve this kind of tiredness. Your brain and body received a shock during the accident, and you need time to physically heal and psychologically process what happened. This requires time and support.

Our attorneys are well-known not just for their legal skills, but also for their empathy and care for our clients. Other lawyers recommend us to their family and friends for representation in car accident cases because they know the physical and mental well-being of our clients is always our foremost concern.

Causes of Exhaustion

Experiencing exhaustion after a car accident is more common than one might think. It’s not just the visible wounds that weigh heavily; the unseen strains are often the most profound. Possible causes of exhaustion following a car accident are:

• Physical Trauma: Even minor collisions can cause jarring effects on the body, leading to muscle strain and soft tissue injuries. The body, in its healing process, can redirect energy, causing fatigue.
• Emotional Stress: Dealing with the aftermath of an accident—insurance claims, car repairs, medical visits—can be overwhelming. This emotional strain can manifest as physical tiredness.
• Mental Toll: Replaying the accident in one’s mind or dealing with the fear of driving again can lead to insomnia or disrupted sleep patterns, amplifying feelings of exhaustion.

Even when your physical injuries are not severe or permanent, psychological trauma is real and can be devastating. The team at The Florida Firm can help you in numerous  practical ways, from providing referrals to trusted and experienced counselors and therapists, to negotiating with your creditors, to helping you apply for disability benefits

Car Accident Symptoms

While bruises, cuts, or fractures might be immediate and visible signs of an accident, many symptoms take time to manifest. Aside from exhaustion, victims might experience:

• Headaches or migraines
• Anxiety or depression
• Flashbacks or nightmares
• Cognitive changes such as memory issues
• Mood swings

Recognizing these car accident symptoms is crucial. They signify deeper underlying issues that need addressing.

Ignoring these symptoms or assuming they will go away with time is a common mistake. Although exhaustion after a car accident is common and normal, when it occurs with other symptoms, it is crucial to investigate. There may be an underlying physical or psychological injury behind your exhaustion.

Read More: What Symptoms Should I Look for After a Car Accident?

Sleep Patterns & Traumatic Brain Injury

Among the myriad of symptoms one might experience following a car accident, changes in sleep patterns stand out as particularly concerning. Altered sleep habits might not just be a result of the general exhaustion after a car accident; they can also be a telling sign of a traumatic brain injury (TBI).

Traumatic brain injuries, especially mild ones, can often be overlooked initially, as they might not present with immediately obvious symptoms. Instead, a victim may notice subtle changes in behavior, cognition, or physical abilities. One of the most common yet frequently dismissed symptoms is a change in sleep patterns. This can manifest in several ways:

• Insomnia: Difficulty falling or staying asleep despite feeling physically and mentally drained.
• Hypersomnia: Feeling excessively sleepy during the day or sleeping for longer durations than usual at night.
• Interrupted Sleep: Waking up frequently during the night or experiencing restless sleep.
• Narcoleptic Symptoms: Falling asleep suddenly and without warning during the day.

The brain plays an essential role in regulating our sleep cycles. When it suffers trauma, its ability to maintain these rhythms can be disrupted. According to an article in the Nature and Science of Sleep, “after a mild TBI, 29% of patients have insomnia, 25% have sleep apnea, 28% have hypersomnia, and 4% have narcolepsy.” Furthermore, TBI can lead to other issues like chronic headaches, anxiety, or depression, all of which can further exacerbate sleep problems.

If you, or someone you know, have been involved in a car accident and are experiencing unusual sleep patterns or other car accident symptoms, it’s paramount to seek medical attention immediately. It’s equally vital to understand that you have rights, especially if your injury resulted from someone else’s negligence.

Remember, while sleep disturbances might seem minor, they could indicate a deeper, underlying issue. Seek medical assistance as soon as possible. Then, consult with the dedicated team at Colling Gilbert Wright. We can ensure that your legal rights are prioritized as well.

What Should You Do If Feeling Exhausted After a Car Accident?

If you’ve recently been in a car accident and are feeling exhausted, it very well could be your body and mind adjusting to the trauma. However, your health is your priority. You’ll want to ensure that nothing more serious is looming. After a car accident, we recommend you:

• Get Medical Attention: Always seek a thorough examination post-accident. Even if you feel okay, some injuries, especially those causing exhaustion, may not be immediately evident.
• Rest & Recuperate: Listen to your body. If you’re feeling exhausted, it’s signaling a need for recovery.
• Consider Counseling: Traumatic events can have lasting psychological effects. Speaking with a counselor or therapist can offer coping strategies.
• Document Everything: If you’re experiencing fatigue or other symptoms, keep a journal. This can be invaluable when discussing your situation with medical professionals or lawyers.
• Take Psychological Injuries Seriously: A car accident is a jolt to the psyche, not just the body. Do not be reluctant to seek help with symptoms like exhaustion from a therapist or counselor. 

Working with a professional can help you recover more quickly from the psychological injuries your accident caused. In addition, if the accident caused or exacerbated a mental health condition like depression or PTSD, the diagnosis can support your claim for damages.

Why Should You Speak to a Lawyer?

Exhaustion and other post-accident symptoms can affect your quality of life. You might be entitled to compensation if another party’s negligence caused the accident. Damages could cover:

• Medical expenses
• Loss of income
• Pain & suffering
• Emotional distress

By consulting with a car accident lawyer, like the dedicated team at Colling Gilbert Wright, you ensure that your rights are protected and that you pursue all avenues for rightful compensation. Our commitment to justice and appreciation of what you’re going through mean you get the supportive representation you deserve.

Read More: How Do I Know If I Have a Car Accident Lawsuit?

Damages for Psychological Injuries

For some people, a car accident’s long-term impact on their energy levels and interest in activities they once enjoyed is profound. In that case, the emotional distress and mental suffering component of your damages can be substantial. Our attorneys at Colling Gilbert Wright are well-known for their aggressive advocacy on behalf of people injured in car accidents, and we have obtained high-value verdicts and settlements in many of these cases.

The cost of therapy or counseling, including incidental expenses like parking or hiring a babysitter while you go to your appointment, should be reimbursed by the negligent party who caused the accident. Your damages should include the cost of anti-anxiety or anti-depressant medications your doctor prescribes, and any modalities you try to help you get restorative sleep after the wreck. When your psychological injuries affect your performance at work or prevent you from working, your reduced income and diminished future earning potential should be part of your damages.

Your claim for damages should include the impact your exhaustion and other psychological symptoms have on your quality of life. When you are exhausted and perhaps suffering from depression or PTSD, you may find it difficult to connect with your partner, engage with your children, or enjoy time with your friends. You lose precious time that you cannot get back, and although money will not restore those lost moments, claiming damages serves as an acknowledgment of what you lost.

Contact the Car Accident Attorneys at Colling Gilbert Wright

Feeling exhaustion after a car accident is, unfortunately, a common occurrence. Recognizing the signs, seeking timely intervention, and having the skilled attorneys of Colling Gilbert Wright by your side ensures that you navigate this challenging time with strength and dignity.

Contact Colling Gilbert Wright today for a FREE case evaluation.  If you decide to work with us, you pay nothing until we win. Legal fees and expenses come out of your verdict or settlement, so you are never out of pocket. You are not alone. We would be honored to walk the path to justice with you.

The post Is It Normal To Feel Exhaustion After a Car Accident? appeared first on Colling Gilbert Wright.

When you visit a dentist, you are trusting him or her with your health and wellbeing. You deserve to receive an adequate standard of care as established by the dental community. When a dentist fails to provide that, you may experience significant harm.

What Is Dental Malpractice?

If you are considering taking legal action against a dentist, you must understand the legal standards that apply in these cases. Dental malpractice occurs when a dentist does not provide the standard of care that others with similar training provide, and a patient is harmed as a result. Our dental malpractice lawyers at Colling Gilbert Wright will carefully review your records and talk to you about your experience to determine whether it meets the legal criteria for a malpractice lawsuit.

Dentists make mistakes or exercise poor judgment sometimes. When another dentist with similar training might have made the same mistake, there is no malpractice. Even if you suffered harm due to an error, there is no legal basis for a malpractice lawsuit if the mistake and the dentist’s response to it was reasonable under the circumstances.

If the mistake was due to carelessness, lack of knowledge, or skill, the dentist may have committed malpractice. However, you only have a malpractice case if you suffered harm as a direct result. If there is no harm, there is no basis for a malpractice lawsuit.  

Dental Malpractice Can Have Serious Consequences

Healthy teeth and gums have a substantial impact on your overall health. Mistakes when performing dental work can lead to tooth loss, chronic pain, and bone deterioration in the jaw and sinuses. Failing to take a proper medical history, anesthesia errors, and sloppy surgical techniques can cause heart attacks, strokes, and even death.

Here are some of the most common dental malpractice issues:

Serious Infections

Most dental practices see dozens of patients a day. Between the high traffic and the type of invasive care being provided, dentists must maintain sanitary conditions. Failure to keep offices and equipment sterile can expose patients to bacteria and bloodborne infectious diseases.

Infections that start in the mouth can be especially dangerous. If not discovered and treated quickly, the infection can travel through the sinus to the brain and cause an abscess. 

Brain abscesses are medical emergencies that can cause death if not treated promptly. Treatment will require extensive treatment with antibiotics and may involve surgery. Even with prompt and effective treatment, you may suffer long-term effects like seizures, personality changes, or mobility issues.

Surgical errors

The same mistakes can occur during dental surgery as during a hospital procedure. These mistakes include slips of your dentist’s scalpel or tools and incorrect anesthesia or anesthesia overdose. While dental surgery carries risks, dentists should not expose patients to additional harm.

Tooth extraction is a common surgical procedure dentists perform and often the basis of dental malpractice lawsuits.  Errors during extraction surgery include:

• Accidentally severing a nerve
• Perforating the sinus 
• Fracturing the jawbone
• Injuring the joint of the jaw 

Extractions can also lead to serious infections.

Mistakes during other common dental surgery procedures, like root canal therapy and dental implants, carry similar risks to tooth extraction.

Anesthesia Errors

Many dental procedures require the application of a local anesthetic. Administering too much anesthesia can lead to a condition called Local Anesthetic Systemic Toxicity ( LAST), which can produce frightening symptoms like seizures, coma, and death. Milder cases may cause a persistent metallic taste in the mouth and dizziness.

Inadequate or ineffective anesthesia can produce excruciating pain and ongoing psychological effects such as post-traumatic stress disorder. Other anesthesia errors include administering a drug that reacts with the patient’s other medications, failing to observe the patient for signs of an allergic reaction, and not responding quickly enough to signs of distress.

Failing to Provide an Accurate Diagnosis

Dental malpractice may occur when the dentist fails to diagnose a condition promptly. A failure to timely diagnose gum disease can lead to tooth loss, destruction of the jawbone, and a buildup of bacteria that can lead to heart attacks, stroke, pregnancy complications, and other health impacts.

Most oral cancers can be treated successfully when caught early, but once the tumor is established, mortality increases. Treatment may involve highly invasive and disfiguring surgery.

Unnecessary or overzealous treatment: There have been cases of patients undergoing orthodontic treatment for several years longer than necessary, while the dentist continues to collect fees for maintenance and adjustments. Greed and insurance schemes can drive unscrupulous dentists to suggest services you don’t need. These services can be financially burdensome and may even harm the look and function of your smile.

Unnecessary or overzealous treatment

There have been cases of patients undergoing orthodontic treatment for several years longer than necessary, while the dentist continues to collect fees for maintenance and adjustments. Greed, and insurance schemes, can drive unscrupulous dentists to suggest services you don’t need. These services can be financially burdensome and may even harm the look and function of your smile.

Administrative Failures Can Lead to Liability

Surgical errors in dentistry may be due to a dentist’s lack of skill, a momentary distraction, or an equipment failure. Many other incidents of dental malpractice could be prevented if the dental office had maintained better procedures.

Talking an inadequate medical history or failing to review the history before treatment can lead to anesthesia errors. Inadequate attention to the patient’s medical history and current complaint could contribute to failures to diagnose serious conditions. A dentist also could be liable for not obtaining a patient’s consent before performing a service or procedure.

The skilled attorneys at The Florida Firm will review the practice’s procedures, looking for administrative deficiencies. When it is evident that the harm you suffered could have been prevented, the dentist could be liable for your past and future expenses and your pain and suffering.

Contact Colling Gilbert Wright Today

With over 80 years of combined experience, our medical malpractice attorneys know how to assemble the resources and testimony needed to prove negligence. We will work tirelessly to obtain the compensation you deserve as a victim of dental malpractice.

It’s crucial to pursue legal action quickly before the statute of limitations is up. If you’ve been injured due to dental malpractice, call our lawyers today at 407-712-7300. Colling Gilbert Wright serves clients in Orlando, Tampa, and Miami, Florida, as well as nationwide.

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Unfortunately, doctors make mistakes far more often than they should. As a patient or family member, filing a complaint is one of the best things you can do to help stop doctors from making the same mistakes in the future.

Filing a complaint is also important for protecting your legal rights. When doctors make mistakes, the costs can devastate patients and their families. The good news is that doctors—and their medical malpractice insurance companies—can often be held accountable through the complaint process and medical malpractice lawsuits.

The medical malpractice lawyers at Colling Gilbert Wright have extensive experience filing complaints against medical doctors in Florida. We trust medical providers with our health and well-being. When that trust is broken, only justice can help to repair the damage done.

Reach out to us today at (407) 759-7948 to schedule a FREE consultation. We will discuss whether you have grounds for a complaint, establish if you have a viable claim for compensation, and then pursue the justice you deserve. We serve our neighbors in Orlando and throughout Florida with distinction.

How Does Professional Misconduct Differ From Medical Malpractice?

Doctors must provide a reasonable standard of patient care, but they must also behave ethically and uphold professional standards of integrity. If you are a patient who suffered harm at the hands of a medical doctor, it is important to understand the remedies available. Your next steps depend in part on what you think the doctor did wrong. 

When you think your doctor behaved unethically, you can make a complaint of professional misconduct to the body that regulates and licenses doctors. Some situations that would be professional misconduct according to Florida Statute  § 458.331 include:

• Exploiting a patient for financial gain
• Sexually abusing a patient or having a sexual relationship with a patient
• Accepting referral fees or kickbacks 
• Directing patients toward businesses in which the doctor has a financial interest
• Engaging in deceptive advertising
• Billing for services not provided 
• Billing for physician services when a non-physician provided the service

You should make a complaint when you believe your physician has engaged in unprofessional conduct.

Medical malpractice lawsuits are the proper remedy when you believe you were harmed because the doctor did not provide an adequate standard of medical care. The medical malpractice attorneys at The Florida Firm will have an expert review your medical records. If they agree that you were harmed by substandard care, you could file a lawsuit seeking compensation.

Medical Malpractice Is a Form of Professional Misconduct

Medical malpractice is a failure to provide an appropriate standard of care that causes harm to the patient. It is also a form of professional misconduct. 

You can make a professional misconduct complaint when a doctor commits malpractice. However, it is not strictly necessary because the regulatory bodies receive a copy of any medical malpractice verdicts or settlements. 

Depending on the circumstances, an attorney might recommend filing a complaint before bringing a malpractice suit for strategic reasons. In other situations, a doctor might have made a critical mistake that was caught before you suffered harm. Without harm, you cannot bring a malpractice suit, but you could file a complaint for professional misconduct.

Who Regulates Doctors in Florida?

Doctors in Florida are regulated by the Florida Board of Medicine and the Florida Department of Health. If you have complaints against medical doctors in Florida, you can file your complaint with the Florida Department of Health.

The Florida Health Care Complaint Portal guides you through the process of filing a complaint online, and depending on the subject of your complaint, may refer you to another agency. 

It is critical to note that filing a complaint with the Florida Department of Health can lead to disciplinary action. A professional misconduct complaint will not result in payment of financial compensation. To receive compensation for your losses, you must file a medical malpractice claim separately.

When Should You Complain About a Medical Practitioner?

You should talk to a lawyer about filing a complaint about a medical practitioner any time you have reason to believe that your doctor committed professional misconduct or you or a loved one received substandard care.

How To File a Complaint Against a Doctor in Florida

If you need to file a complaint against a doctor in Florida, your first step is to talk to a lawyer who can help you.

Once you hire a lawyer to represent you, they will gather all the evidence needed to support your case. This includes medical records, billing records, witness statements, and other documentation. After compiling the evidence, your attorney will file the complaint on your behalf.

The process typically begins online, but the nature of your complaint will determine the specific agency involved. For instance, billing disputes (fraudulent billing or overcharging) may need to be filed with the Florida Department of Agriculture and Consumer Services. If you have Medicare and believe your physician is overcharging you or has a conflict of interest that impacted your care, you can make a complaint to the Center for Medicare Services. HIPAA violations should be directed to the U.S. Department of Health and Human Services. 

Each agency has distinct procedures and forms. A trusted and knowledgeable Florida lawyer can ensure your complaint is directed to the appropriate regulatory body.

What Happens To the Doctor As a Result of the Complaint?

When the Department of Health receives a complaint it conducts an investigation. If there is evidence of professional misconduct, the case will be referred to the Board of Medicine.

The Board may ask the doctor to address the complaint in writing. Sometimes there is a hearing where the doctor must appear and explain their conduct.  If the complaint is upheld, the doctor could face disciplinary action like:

• Mandatory retraining
• Practicing under the supervision of a proctor
• Alcohol or drug treatment
• Psychiatric evaluation
• Scope of practice limitations 

In the most severe cases, a doctor’s license could be suspended or revoked.

Will the Doctor Know a Complaint Has Been Filed?

Yes. According to the Florida Board of Medicine, when a complaint is under investigation, your doctor will be notified that a complaint has been filed. However, “Complaints remain confidential until ten days after the probable cause panel of the Board has determined that a violation has occurred. Patient identity and patient records remain confidential at all times.”

At this point, you won’t be dealing with your doctor directly (and you should be seeing a different doctor for treatment).

Does It Cost Anything To File Complaints Against Doctors in Florida?

It costs nothing out-of-pocket to file complaints against doctors in Florida. However, you must provide your medical records to support your complaint and the doctor may charge you for the copies.

When Does a Complaint Become Medical Malpractice?

This heading blurs the distinction and is inaccurate—complaints do not become lawsuits, they are separate actions. I suggest changing it to “ When Can You  Bring a Malpractice Lawsuit?” or something similar.

The event that formed the basis of a professional misconduct complaint  can also be the basis of a medical malpractice lawsuit when it involves a mistake that represents a deviation from the standard of care. When medical practitioners fail to meet this standard, they can—and should—be held accountable. 

Can You Sue a Doctor for Negligence in Florida?

Yes, you can sue a doctor for negligence in Florida. Medical malpractice is a form of negligence. Florida law makes it clear that patients and families can sue for medical malpractice when they suffer out-of-pocket costs, pain and suffering, and other losses due to their doctors’ negligence.

Medical malpractice cases are complicated, so choosing a lawyer with experience representing patients and families who are dealing with your situation is imperative. The medical malpractice attorneys at Colling Gilbert Wright have obtained numerous high-value settlements and verdicts on behalf of our clients injured by a doctor’s negligence.

Do I Need a Medical Malpractice Lawyer?

Due to the complexity of medical malpractice cases, if you think you may have a malpractice claim against your doctor, you will want to speak with an Orlando medical malpractice attorney promptly. Remember, this costs nothing out-of-pocket, so you have no reason not to consult a lawyer about your legal rights.

Read More: What To Look For in a Medical Malpractice Law Firm

Contact the Dedicated Attorneys at Colling Gilbert Wright

Do you need to know more about filing complaints against medical doctors in Florida? If so, we strongly encourage you to get in touch. We have decades of experience handling medical malpractice cases for our clients and strive to secure the support they need after their devastating losses.

Our lawyers represent all patients and families on a contingency-fee basis, meaning we only collect our fees and costs if we help our clients recover. No Fee Unless We Win!

To speak with a medical malpractice attorney at Colling Gilbert Wright in confidence about your legal rights, contact us now to schedule a FREE consultation. We’ll be with you every step of the way to the justice you deserve.

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Stick with us to learn more about how the other driver’s policy limits, your own Personal Injury Protection (PIP) insurance, and the severity of your injuries matter. The resolute attorneys at Colling Gilbert Wright walk you through the fundamentals of this scenario for your information.

How Do Car Accident Claims Work in Florida?

Before we discuss your potential lawsuit, it is essential that you understand how car accident claims work in Florida’s no-fault insurance system. When you are hurt in a crash, your own insurance typically pays for your medical bills and lost wages first, regardless of who caused the collision.

State law requires all drivers to carry a minimum of $10,000 in PIP insurance that covers 80 percent of necessary medical expenses and 60 percent of lost wages, up to the limit. You may be able to sue for additional damages, but only if you meet certain conditions.

Did You Suffer Permanent or Serious Injury?

One key consideration for suing someone for a car accident in Florida is the severity of your injuries. To sue for pain and suffering or damages beyond PIP, you must be able to prove that you were critically injured. This factor includes significant, permanent loss of an important bodily function, permanent scarring, disfigurement, and death.

Did Your Damages Exceed Policy Limits?

If the at-fault driver has insurance, but your medical bills and damages exceed their liability policy limits, you generally have the right to sue them personally to recover the difference. However, you must be able to show that the other driver was negligent to win a lawsuit.

What is the Lawsuit Process for a Car Accident in Florida?

In the state of Florida, a car accident victim may be able to file a lawsuit against both the insurance company and the driver. However, this action is typically reserved for cases when a fair settlement cannot be reached or if the statute of limitations is approaching. That is why we recommend consulting with our skilled Florida personal injury attorneys as quickly as possible after your car accident to evaluate the specifics of your damages and insurance coverage.

Do You Want to Sue Someone for a Car Accident? Connect With Us Now

Colling Gilbert Wright is a trusted legal advocate. Many of our cases come from other attorneys who refer their clients to our highly skilled team. We have experience handling many different types of lawsuits, and our results speak for themselves.

Request a free consultation and case evaluation now to learn whether or not you can sue someone for a car accident if they have insurance. The financial burden associated with a serious car crash could affect you and your family for years to come, and you deserve fair compensation and the best possible chance to help recover your losses.

The post Can I Sue Someone for a Car Accident if They Have Insurance? appeared first on Colling Gilbert Wright.

During this downtime, you are going to need to borrow a vehicle so you are able to continue commuting to work, school, and the grocery store. But who is actually responsible for paying for a rental car after a car accident? Stick with us to uncover the facts in this common scenario.

The At-Fault Driver’s Insurance Typically Pays for a Rental Car

After a car accident in Florida, the at-fault driver’s insurance policy generally pays for the cost of your rental car under the property damage liability portion of their policy. This coverage typically lasts just a few weeks until your vehicle is repaired or you receive a settlement for a total loss. However, the insurer is likely to limit how much they are willing to pay, often capping the per diem rate between $30 to $50. You must pay any costs that exceed this amount out of pocket, regardless of fault, and getting approval to pick up the rental car may take days.

Your Own Insurance May Also Pay for a Rental Car

If you added rental reimbursement coverage to your Florida auto insurance policy, then this optional protection would pay for your rental car after an accident, regardless of fault or the other party’s policy limits. It is important to contact your insurance company immediately after the collision to verify your coverage. Ask your agent if they have preferred providers, such as Enterprise, that they would pay directly, instead of simply reimbursing you after the fact.

What Happens If You Are Responsible for the Accident?

If you are the driver who caused the car accident, and you do not have rental reimbursement coverage, you would be responsible for paying the cost of your rental car out of pocket. This fact stands even if you have collision coverage to pay for the repairs. However, you are not required to rent a vehicle and could use public transportation or ride share options until your car is repaired.

Talk to Our Law Office About Your Car Accident-Related Losses

While the at-fault party’s insurance company is typically responsible for paying for a rental car after a car accident, every crash in Florida is different. This is why it is vital to have a skilled legal team on your side. So, do not wait to set up your free consultation.

Colling Gilbert Wright is a trusted law firm in the community, as many of our cases come from referrals from other attorneys, healthcare providers, CPAs, and even judges. We are experienced in varied and complex lawsuits and pride ourselves in delivering the level of professionalism our clients deserve.

The post Who Pays for a Rental Car After a Car Accident? appeared first on Colling Gilbert Wright.

When an aging resident falls in a nursing home, what happens? Unfortunately, too often, the answer is, “Not enough.” Nursing homes routinely fail to take appropriate action in response to resident falls, and in some cases, they will even attempt to hide information about falls in order to avoid legal liability.

If your loved one fell in a nursing home and suffered injuries as a result, a nursing home neglect lawyer in Florida can explain your rights and legal options. You may be able to seek damages for your loved one’s physical, emotional, and financial losses.

Call Colling Gilbert Wright today at (407) 712-7300 to set up a FREE and confidential case evaluation with one of our dedicated nursing home neglect lawyers. We proudly serve our neighbors in Orlando and throughout Florida. When a loved one falls in a nursing home and can’t advocate for themselves, we must do it for them—and you don’t have to do it alone.

What Happens If a Patient Falls in a Nursing Home?—A Common Example of Nursing Home Negligence

Nursing homes can provide quality care, and many caregivers and staff members are passionate about helping residents who are unable to fully care for themselves. However, it is not uncommon for the responses to falls in nursing homes to be problematic.

For example, the following scenario is unfortunately not uncommon:

A resident falls in a nursing home on her way to the cafeteria. Unable to stand up, she calls for help, but no one comes. Fifteen minutes later, a staff member happens to walk by, and the staff member helps the resident back to her room. The staff member leaves the resident in her room unattended.

The following weekend, during a family visit, the resident complains of pain in her hip and explains that she had fallen previously. A family member inquires with the nursing home, which says it has no record of a fall.

When the family tries to take the resident to the hospital for a diagnosis, the nursing home resists, saying that the resident needs to stay in the facility and that there is no evidence that medical treatment is necessary. When the resident finally receives treatment, her condition is far worse than it should have been as a result of the delay.

Are Resident Falls in Nursing Homes Common?

Yes. Unfortunately, resident falls in nursing homes across Florida are common. According to the Center for Disease Control (CDC), the national average for nursing home residents is 2.6 falls per bed each year. That means a typical 100-bed nursing home may see as many as 200 falls annually. Here in the Sunshine State, 24.4 percent of older adults reported a fall, with those who live full-time in care settings. According to the Office of Inspector General, many serious falls are underreported. A high percentage of these falls result in severe injuries like hip fractures and potentially life-threatening head traumas. In fact, an estimated 1,800 patients die each year in the U.S. due to nursing home falls.

Widespread Factors That Contribute to Falls in Elder Care Facilities

Most slip and fall cases in nursing homes are caused by either an environmental hazard, the resident’s mobility issues, or a combination of both. Whether wet floors, poor lighting, or cluttered walkways were a factor, these preventable conditions account for as many as 27 percent of falls in nursing homes.

Insufficient staffing to assist residents with mobility or balancing issues, as well as muscle weakness, also contribute significantly to resident falls in care facilities. Medication side effects, chronic health conditions, like arthritis or Alzheimer’s, and uncorrected vision issues also play a factor in accidents. These situations are exacerbated by a lack of trained staff to help with daily activities or by failing to develop tailored care plans to meet resident needs.

What Should Happen When a Resident Falls in a Nursing Home?

Now, what should happen? Let’s start with the same example above. But instead of waiting for help, the resident gets help immediately because staff members are monitoring during the lunch hour.

The staff member contacts the nursing home’s administrator, who promptly arranges transportation to the local hospital. The administrator also contacts the resident’s family immediately and explains what happened.

What if the Nursing Home Doesn’t Do the Right Thing?

When we entrust the care of a loved one to a nursing home, we expect the facility to do the right thing if and when there is a fall. So, when a nursing home doesn’t do the right thing, it should be held accountable for any damages that occur as a result.

With this in mind, if you or a loved one has suffered preventable complications due to a fall in a Florida nursing home, taking the following steps could help to protect your health and your rights:

1. Get Medical Treatment Right Away

If you have not done so already, see a doctor right away. If you or your loved one has already sought medical care, keep documentation of the diagnosis and treatment recommendations. In addition, be sure to follow all instructions and attend every scheduled appointment.

2. Do NOT Let the Nursing Home Tell You What To Do

When dealing with injuries or preventable complications to do with a fall in a nursing home, you do not have to let the nursing home dictate your next steps. Do whatever you believe is necessary to protect yourself or your loved one.

3. Discuss the Incident with Your Loved One & Take Notes

Following a fall in a nursing home, it is important to try to record as many details as possible. Take the time to sit down and walk through the events that took place both before and after the fall. No detail is too small, and anything you or your loved one can remember will be helpful to your nursing home neglect lawyer.

4. Consult a Florida Nursing Home Abuse Lawyer

The economic and non-economic damages that result from falls in nursing homes can be substantial. In order to protect yourself and your loved ones, you should talk to an Orlando nursing home neglect lawyer as soon as possible. They can provide understanding and support as you explore your options for just compensation.

Are Nursing Homes Required To Report Falls?

Yes, nursing homes are generally required to report falls, particularly those that result in injuries. These reports are important for transparency and accountability, and they contain vital information necessary to provide proper care. Federal and Florida state regulations require facilities to document and, in certain cases, report incidents like falls to the appropriate parties.

Under CFR § 483.10(g)(14)(i)(A), facilities must immediately consult with the resident’s physician and notify their representative following an accident that results in injury or has the potential to require medical attention. Additionally, § 483.12(c) requires nursing homes to report alleged violations involving “abuse, neglect, exploitation or mistreatment, including injuries of unknown source.”

Further, Florida Statutes § 400.147 mandates that nursing homes establish an internal risk management and quality assurance program. Nursing homes must investigate “adverse incidents” within one business day and submit a report to the Agency for Health Care Administration (AHCA) within 15 days of the incident.

Unfortunately, some nursing homes fail to comply with these regulations, which can leave families in the dark about their loved one’s care. When this negligence leaves a cherished family member with avoidable complications, we must attempt to advocate for the care and justice they deserve and hold the nursing home accountable.

Can You Sue a Nursing Home for a Fall?

You can sue a nursing home for a fall if negligence caused or contributed to the incident. This could include a lack of supervision, hazardous conditions (like wet floors), or improper staff training.

Nursing homes are legally obligated to provide residents a safe environment and take all reasonable steps to prevent avoidable injuries. When they fail to do so, they may be held accountable for resulting harm.

In addition, there may be grounds for legal action if the nursing home fails to promptly report the fall or inform you of your loved one’s condition. If a facility delays or avoids reporting a fall that results in an injury or requires medical attention, it can lead to complications and further harm, for which the nursing home may be liable.

Filing a lawsuit can help recover compensation for medical bills, pain and suffering, and other losses. It also seeks accountability on behalf of the nursing home, possibly protecting other residents from harm in the future.

Is It Difficult To Sue a Nursing Home for a Fall?

Suing a nursing home for a fall can be challenging. These cases often involve proving that the facility’s negligence directly caused the injury or that their failure to report the fall resulted in worsening injuries.

The nursing home may deny responsibility for the fall or its aftermath. Their insurance company will have the means and the motivation to put up a fight. Working with a nursing home neglect lawyer means you have the support of a skilled and practiced advocate on your side. They can handle the aggressive tactics of insurance companies and give you a better chance of securing fair and just compensation.

How Long Does It Take To Settle a Nursing Home Negligence Case?

The time it takes to resolve a nursing home negligence case depends on the specific and unique factors of your claim. The severity of your loved one’s injuries, disputes about complex liability, and the willingness of the nursing home and their insurance company to cooperate could all affect the duration.

While some cases may settle in a few months, others could take years, especially if it is necessary to go to court.

A trusted nursing home neglect lawyer can help to expedite this process and keep things running smoothly. They can also keep you informed of all developments along the way, giving you peace of mind as you persevere in the fight for what is right.

Read More: Do You Need a Nursing Home Neglect Lawyer?

What Is The Falls Management Program?

The Falls Management Program (FMP) was developed by researchers at the Emory Center for Health in Aging and Emory University Division of Geriatric Medicine and Gerontology. The purpose of this evidence-based, quality improvement initiative is to assist nursing facilities with systematic screening, assessment, and individualized care planning that reduces fall risks in nursing homes.

The national research program is often utilized in Florida to meet Centers for Medicare & Medicaid Services (CMS) compliance standards through staff education and resident monitoring, as well as by eliminating environmental hazards and focusing on post-fall investigations. These nursing home standards mandate strict adherence to federal health, safety, and quality regulations, while focusing on resident rights, comprehensive care plans, and infection control.

How Do CMS Compliance Standards Work in Florida?

Under CMS Compliance Standards, Florida nursing homes must comply with CMS federal requirements under 42 CFR Part 483. These mandates focus on accident prevention, personalized care plans, and comprehensive risk assessments. The goal is for nursing homes to move beyond antiquated bed alarms toward individualized interventions.

To accomplish this essential objective, staff should focus on environmental improvements, such as better lighting and decluttered spaces. Training is also a vital component of CMS compliance standards. Regular, documented competency training for transfers, proper use of assistive devices, and safe ambulation are all required. Proper documentation, including intercepted falls, is also critical. According to the State Operations Manual, falls with injury must be reported and analyzed. Residents are also required to be assessed upon admission and after any fall to create or update a tailored care plan.

As of 2026, CMS holds facilities accountable for Falls with Major Injury (FMI) through the Special Focus Facility program, which looks at cases of fractures or head injuries, for example. These recent updates use data to identify high-risk facilities, with surveyors scrutinizing environmental safety, staff training, and individual interventions.

Consult the Nursing Home Neglect Lawyers at Colling Gilbert Wright Today for FREE

As we get older, we nearly always become more vulnerable to injury and depend on those around us to advocate for our needs. A nursing home’s purpose is to protect older adults and be that advocate when necessary—but sometimes, they fail in their duties.

If you or a loved one falls in a nursing home in Florida, we encourage you to contact Colling Gilbert Wright promptly for a FREE, no-obligation consultation. Our distinguished nursing home abuse lawyers can evaluate your case, provide guidance on next steps, and offer unwavering support as you pursue justice.

We have vast experience serving clients in Orlando, Tampa, Miami, and other areas of Florida. With honesty, care, and integrity, we will work with you to hold nursing homes accountable when they fail to provide the care our loved ones deserve.

The post What Happens When a Resident Falls in a Nursing Home? appeared first on Colling Gilbert Wright.

If a nursing home patient develops a bedsore, it is a clear sign of neglect. You could bring a legal claim on behalf of an afflicted loved one seeking damages. Contact the attorneys at Colling Gilbert Wright to guide you on how to file a bedsores lawsuit.

Check the Legal Timeframes

Each state has legal time limits for various kinds of lawsuits. In Florida, those limits are codified in Florida Statute § 95.11. Your first step in filing a pressure ulcer lawsuit must be checking to make sure the time limit has not expired. 

If you are in Florida and your loved one is still alive, they or their guardian has two years from the date their bedsore was diagnosed to file a lawsuit. If your loved one has died, your loved one’s executor or the personal representative of their estate has two years from their date of death to file suit. If the patient is in a state other than Florida, check with a local nursing home neglect attorney to find out whether you have a viable claim.

Compile Patient Records 

You must get access to the nursing home patient’s medical records to determine whether there is adequate evidence to file a lawsuit. The patient can sign an authorization if they are alive and have the mental capacity to manage their own affairs. Otherwise, their guardian will need to authorize the release if the patient is still alive, and the personal representative of the estate must do so if they have died.

A nursing home neglect attorney will review the records to determine whether there is evidence that the patient developed bedsores and the condition was not discovered promptly or treated effectively. Usually, an attorney will ask a medical expert to scrutinize the records to identify specific incidents of negligent care. State law in Florida and many other states requires this step before you can file a lawsuit.

Assess Your Damages

Once you have adequate evidence indicating nursing home negligence, you must determine how much you can demand in damages. Damages should cover actual expenses in treating the bedsores and compensate for the patient’s pain and suffering. 

The development of a severe pressure ulcer is an indicator that the nursing home did not observe standard patient care protocols. This degree of neglect could justify asking for punitive damages. A court may award punitive damages as a fine to punish the nursing home for its egregious conduct. 

Damages for severe nursing home neglect can be substantial. Our attorneys at The Florida Firm have obtained verdicts and settlements in excess of $1 million in several cases where nursing home patients died with bedsores.

Need Help Filing a Bedsore Injury Lawsuit? Contact The Florida Firm Today

It is both tragic and infuriating that facilities charged with caring for the most vulnerable people neglect them to the point that they develop pressure ulcers. Filing a lawsuit and seeking damages is one way to hold these facilities accountable. If your loved one is a nursing home resident suffering from bedsores or has died after developing them, reach out to our legal team at Colling Gilbert Wright about filing a bedsores lawsuit.

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Fault plays an important role in car accident claims in Florida. If you are even 51 percent responsible for the crash, you cannot sue for your damages. Learn how to prove you were not at fault in an accident, what the Modified Comparative Negligence law is, and how Personal Injury Protection (PIP) insurance plays a part in your claim.

How to Prove Fault in a Florida Car Accident

Proving you were not at fault in a Florida car accident requires a combination of steps. First, you want to collect as much evidence at the scene as possible. Police reports, nearby surveillance footage, photos or videos of your car’s damage, skid marks, road conditions, traffic signs, and weather are cornerstone evidence to prove liability.

Witness statements are also valuable, so collect bystanders’ contact information for your attorney. Medical records are another crucial component for car accident victims. These documents establish a clear link between the crash and your injuries. Get to the hospital right away, as delaying treatment could suggest you were not seriously harmed or even that you were responsible for the accident.

An Explanation of Florida’s Modified Comparative Negligence Rule

Florida adopted a modified comparative negligence system in 2023. Under Florida Statutes § 768.81, most plaintiffs of personal injury cases are barred from recovering damages if they are found to be 51 percent or more at fault.

However, if you are under the 50 percent threshold, your damages would likely be reduced by the percentage of blame you were assigned. For example, if your damages totaled $10,000, and you were found to be 20 percent at fault, you could be entitled to 80 percent of your losses, or $8,000.

How Does PIP Factor into an At-Fault Car Accident?

Florida is a no-fault state, but understanding what that means to you as the plaintiff is understandably confusing. The PIP portion of your auto insurance policy acts as the primary coverage for medical bills and lost wages after a car accident, regardless of who caused it. Even if you did cause the collision 100 percent, your own $10,000 minimum PIP policy would cover 80 percent of your medical expenses and 60 percent of your lost wages.

Contact Us for Help Proving You Were Not At-Fault in a Car Accident

Proving you were not at fault in a car accident can be challenging on your own. That is why we recommend connecting with the trusted legal team at The Florida Firm. Our award-winning personal injury attorneys tackle the tough cases other firms are not equipped to handle.

No matter how complex it is to determine fault in your accident, everyone on our team has the skills to see your case through to a successful settlement. So, go ahead and take advantage of our contingency-based fee structure. You have nothing to lose. Call now for a free consultation.

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