Here in Florida, the slip-and-fall statute became even more stringent in 2005, when legislators enacted F.S. 768.0755, which holds that if a person wants to sue a business after a slip-and-fall on a transitory foreign substance, then the injured person has to first show the business had actual or constructive knowledge of the dangerous condition and should have taken some action to address it. Actual knowledge would mean someone notified a staffer of a spill or slippery condition. Constructive knowledge, meanwhile, would mean the condition existed for long enough that the business should have discovered it in the course of exercising ordinary care, or else the condition occurred so often that it was foreseeable. These guidelines are fairly strict, and that means to prevail in court, you need a legal advocate who is detail-oriented and meticulous.

In the recent case of Bates-Bridgmon v. Heong’s Market, Inc., the Rhode Island Supreme Court ruled that the trial court didn’t err in not instructing jurors on the “mode of operation” theory in the slip-and-fall case. Although the laws for premises liability vary to some degree from state-to-state, the general principles here are the same. Florida does follow the mode of operation law, which holds a store owner fails to use reasonable care if they fail to take action against a reasonably foreseeable condition that is made likely by defendant’s mode of operation and the owner’s failure to take adequate steps to prevent it. 

So for example, if I have a self-serve ice cream store, I can expect that some customers may be careless in dripping some ice cream or condiments onto the floor. This could create a dangerous condition for other unsuspecting customers. That means I need to regularly check the floors in my establishment to look for slippery messes.

In the Bates-Bridgmon case, plaintiff suffered a fall on defendant’s property in March 2009. She entered the grocery store, which she frequented, to purchase meat. However, as she turned a corner, she slipped on what she later discovered was cucumber and oil that had spilled from a nearby salad bar. She called for help after the fall, but no one came to assist her. She crawled to the prepared foods department and pulled herself up. It was at that point she was able to get help from a store manager, whom she informed of the fall. However, she was told there was no one at the time to help her complete an incident report.

Plaintiff reportedly suffered immediate pain in her back, arm, knee, ankle and foot. She couldn’t sleep that night and went to the emergency room the next day. X-rays revealed no fractures, but there were soft tissue injuries. It was later discovered she had a bulging and degenerative discs and numerous tears in her knee muscles. Although she was on disability prior to the incident due to a chronic health condition, she described this pain as different.

She filed a personal injury lawsuit less than three years later, alleging defendant was negligent for failing to maintain the property in a reasonably safe condition.

A manager testified there were not mats put around the salad bar because there was concern customers may trip on those and that, to her knowledge, there had never been previous spills associated with the salad bar.

At the close of trial, defense argued that while it was not in dispute that plaintiff fell on oil and cucumber, there was no evidence of actual or constructive notice to the store or any employee, meaning there was not a reasonable opportunity to clean it up before plaintiff fell.

Plaintiff, meanwhile, compared the salad bar to a leaky drainpipe, arguing it is a constant danger.

The court presented jurors with instructions regarding defendant’s duty to exercise reasonable care to keep the site in reasonably safe condition for food and grocery shopping, taking into account the nature of conditions. However, there was no specific instruction on the mode of operation theory of negligence.

Jurors decided the case in favor of defendant, finding plaintiff had failed to prove defendant was negligent and that this negligence caused plaintiff’s injury.

Plaintiff appealed, but the state high court affirmed, finding plaintiffs never requested an instruction on the mode of operation, nor did they object when the trial judge failed to do so. This issue, therefore, was waived.

If you have been a victim of a slip-and-fall injury in Miami, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Bates-Bridgmon v. Heong’s Market, Inc., Jan. 24, 2017, Rhode Island Supreme Court

More Blog Entries:

Acute Sleep Deprivation Ups the Risk of Miami Car Accident, Jan. 7, 2017, Slip-and-Fall Injury Lawyer Blog

The U.S. Consumer Product Safety Commission estimates there are approximately 15,000 injuries treated in hospital emergency rooms nationally between November and December that involve holiday decorating. That figure has been steadily rising over the last several years. It works out to approximately 250 unintentional injuries every day during the holiday season. Holiday movies may make mishaps such as stepping on broken ornaments or falling off a ladder seem funny, but the reality of these injuries is anything but amusing.

The most common holiday decorating injuries include:

• Falls. These account for 34 percent of all emergency department treatments. Most often, these occur when people fall off ladders or roofs trying to hang decorative lights.
• Lacerations. These account for 11 percent of all holiday emergency department treatments.
• Back strains. These account for 10 percent of all hospital emergency department treatments.
• Ingestion of foreign objects. This is a major problem for children, who may grab decorations that look like holiday candy and attempt to put them in their mouths and swallow.
• Burns/ smoke inhalation. Fire departments reportedly respond to an average of 230 Christmas tree fires every December. Those incidents resulted in 10 deaths, 20 injuries and $16 million in property loss. Meanwhile, candle-related fires over a recent tow-year period resulted in 70 deaths, 680 injuries and $308 million in property losses. There are also risks with holiday lights/ extension cords, fireplaces and careless cooking.

Liability for these types of incidents will depend on whether the injury involves:

• A product defect that contributed/ caused the injury (product liability).
• An injury that occurred on someone else’s property (premises liability).

The ESFI survey indicated more than 63 percent of respondents use one or more extension cord while decorating for the holidays and 60 percent fail to inspect those cords. More than half of respondents said they don’t turn off outdoor lighted decorations when they leave home and a third leave them on when they go to bed.This can be a serious fire hazard.

So too are Christmas trees. The U.S. CPSC  recommends when it comes to trees:

• Placing lighted candles far away from trees (as well as curtains and furniture).
• Making sure artificial trees are rated fire resistant.
• Making sure live trees are fresh and well-watered (and thus less prone to dryness, which is a fire hazard).
• Place the tree away from all heat sources, including fireplaces.

And when it comes to decorating the tree, make sure to use caution when placing the top ornaments. Make sure to heed the warning labels on the ladders. Check out these Ladder Safety 101 tips. Keep small (possible choking hazard) decorations out-of-reach of children and take special care with sharp, weighted or breakable decorations.

If you or someone you love is injured in the course of decorating or in the midst of a holiday gathering, it may be worthwhile to consult with an injury attorney to determine whether you may have grounds to seek compensation for medical bills, lost wages and pain and suffering.

If you have been injured in Miami, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

‘Tis the Season to Decorate Safely, Dec. 5, 2016, CPSC

More Blog Entries:

Third-Party Liability for Distracted Driving Accidents? Dec. 10, 2016, Personal Injury Attorney Blog

According to the Tampa Bay Times, plaintiff alleged the restaurant chain served alcohol to him and his friends, even though they were all under the age of 21. He is now 24 and paralyzed from the neck down.

The injured man’s attorney hopes the case will encourage more bars to comply with statutes that prohibit underage drinking.

Authorities report that after a night of throwing back drinks at the local Applebee’s, plaintiff was riding in the bed of a pickup truck when the driver slammed into a tree and he was ejected, suffering severe and permanent injuries.

Despite the eye-popping size of the damage award, he will only receive a fraction of that. Jurors ascertained the restaurant chain is only liable for 20 percent of the damages, or about $8 million. Following the jury verdict, plaintiff reached a confidential settlement with the chain in exchange for its agreement not to appeal that damage award, so presumably he took home less.

Jurors opined plaintiff was 40 percent responsible for his own injuries and the driver of the vehicle is also responsible for 40 percent of the damages. The driver also settled with victim for an undisclosed amount prior to the jury verdict.

At the time of the crash in 2012, plaintiff was just 20-years-old. In fact, no one at the table was 21, yet they were served a pitcher of beer. A bartender insisted he checked one of the men’s driver’s licenses. After the group finished their drinks, they all got into a pickup truck.The driver reportedly blew through a red light before losing control of the vehicle and striking a tree.

Victim has limited movement of his arms, but no movement at all in his lower extremities.

Although $8 million might seem like a lot of money, one must consider what this young man lost that night. At just 20-years-old, he lost out on his dream of becoming a member of the military. He lost the opportunity to live a normal life. He does want to attend college. This money will allow him to do that and to purchase a home and vehicle that will accommodate his wheelchair. In other words, it will allow him to live independently.

Generally, Florida does not hold businesses accountable for the negligence of their patrons. However, F.S. 768.125 carves out an exception in cases where businesses that serve alcoholic beverages either to minors or those who are known to be habitually addicted to alcohol.

It’s often difficult to prove someone is habitually addicted to alcohol or that this information was known to bartenders. However, it’s much easier to prove a patron was underage at the time of service. Those same patrons, even though they too are breaking the law by consuming alcohol while underage, can still pursue legal action if they are hurt as a result. Legal action may also be taken by anyone injured by that underage patron.

If you are injured in a Miami drunk driving accident, our attorneys can help.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Hernando County jury awards quadriplegic man $42 million verdict, April 22, 2016, By Josh Solomon, Tampa Bay Times

More Blog Entries:

Ochoa v. Koppel – Florida Car Accident Settlement Offer Rules Challenged, July 7, 2016, Florida DUI Injury Lawyer Blog

We all know that barely scratches the surface of losses incurred in a serious Miami car accident. That’s why a lot of motorists and vehicle owners choose additional insurance to cover themselves (uninsured/ underinsured motorist coverage) and to cover other parties’ losses if they are sued. One form of additional liability insurance that may be available is called excess insurance. Excess policies provide specific coverage above an underlying limit of primary insurance. Excess policies don’t broaden the scope of the underlying coverage, but they do increase the amount of coverage available to compensate for a loss.

The recent case of Cincinnati Ins. Co. v. Estate of Chee, before the U.S. Seventh Circuit Court of Appeals, is a case in which the applicability of one’s $5 million excess insurance policy is at issue. This case was made even more complex by the fact that it involved a wife’s estate suing her surviving husband for negligence and doctors for medical malpractice. The doctors then filed a third-party action against the husband, seeking contribution should they be deemed liable. Then the husband sought indemnification from the excess insurance policy held by both himself and his wife. 

It’s important to point out it is not all that unusual for spouses, relatives, friends and other loved ones to sue each other in court following a car accident. The goal is not actually to collect money or assets from that individual, but rather to stake claim to corresponding insurance benefits.

According to court records, the crash at issue occurred in August 2010. Decedent wife was in the passenger seat. She had just given birth three weeks earlier. Her husband was behind the wheel. He crashed into a tree.

The wife reportedly told paramedics her husband, a radiologist, had purposely removed her seat belt and crashed into a tree. While she was hospitalized, she recanted that statement. However, after she was transported to the hospital, the 39-year-old computer programmer’s condition deteriorated. She went into cardiac arrest and was on a ventilator. She ultimately died a week later when a blood clot from her left leg traveled to her lung. Police investigated, but later found no evidence of husband’s wrongdoing.

Wife’s estate filed two lawsuits in Illinois (where all this happened) – one against the husband for negligent driving and another against the hospital and attending physicians, accused of medical malpractice. Defendants filed a third-party action against husband and husband sought indemnification from excess insurer. The excess insurer sought a declaratory judgment that its policy did not apply. The district court did not agree, and ordered the insurer to indemnify the husband. The Seventh Circuit affirmed.

The excess insurer had argued it did not receive prompt notice of its potential involvement. In fact, the wife’s estate notified the insurer after 16 months via broker while the husband’s legal team notified the insurer after 26 months. The court conceded this was not “as soon as practicable” after decedent died, but the insurer did not identify any concrete prejudice that resulted. That meant the delay did not affect insurer’s duties.

The excess insurer also argued that the primary insurer in this case was already defending the insured and it was entitled to sit on the sidelines – with no involvement in the legal proceedings – until the primary insurer writes a check. However, the court found this was not what the policy promised.

Now the two cases will proceed.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Cincinnati Ins. Co. v. Estate of Chee, June 13, 2016, U.S. Court of Appeals for the Seventh Circuit

More Blog Entries:

Tire Tread Blamed in Crash that Killed Four Sisters, June 14, 2016, U.S. Court of Appeals for the Seventh Circuit

There may be one exception, though: Apparent agency.

Apparent agency, also sometimes referred to as apparent authority, occurs when a reasonable third-party believed or understood the agent (i.e., at-fault person) had the authority to act on behalf of that third-party.

The theory of apparent agency does not require that the agent actually be employed by that third party, only that it appeared so to a reasonable person.

Florida case law has provided guidance for establishing apparent agency. In the 1995 1st DCA case of Robbins v. Hess, the court held that apparent agency existed only when all of the three elements were present:

• Representation by the purported principle;
• Reliance on that representation by a third party;
• Change in position by the third party in reliance on that representation.

An example of how the theory of apparent agency may come into play in a medical malpractice case was seen in the recent Idaho Supreme Court case of Navo v. Bingham Memorial Hospital.

According to court records, decedent had suffered a broken ankle when he slipped while getting out of his truck. The following day, he needed to undergo surgery to install a metal rod.

Unfortunately, the site of that surgery became infected and decedent would need to undergo a second surgery. A few days before that surgery, he was provided with an admission form that indicated the anesthesia services provided at the facility were given by an independent contractor who would be separately billed. He signed that form.

The day before the surgery, he was given a anesthesia and procedure consent form. That document did not clearly state that anesthesia would be administered by an independent contractor who was not an employee of the hospital. That document was provided on hospital letterhead and logo.

Prior to surgery, anesthesia was admitted via spinal tap. Soon after, decedent’s oxygen levels dropped and his heart rate slowed. However, he was eventually stabilized enough that doctors continued with surgery. However, following the procedure, decedent could not be revived. He died several days later, having never regained consciousness.

Plaintiffs, representatives of decedent’s estate, filed a medical malpractice lawsuit against not just the anesthesiologist, but also against the hospital. The hospital countered with a request for summary judgment, arguing it could not be vicariously liable for the alleged negligent actions of the anesthesiologist, an independent contractor.

District court granted summary judgment and plaintiff appealed. Plaintiff argued the hospital could be liable based on the theory of apparent agency.

The state supreme court noted the two elements under Idaho law needed to establish apparent agency against a health care facility with regard to independent contractors:

• Conduct by the (hospital) that would lead a reasonable person to believe another person acts on the (hospital’s) behalf (i.e., conduct by the hospital holding out a health care professional as an agent);
• Acceptance of agent’s services by one who reasonably believes it is rendered by the hospital.

The court noted there was sufficient evidence in this case – based on the consent form signed by decedent – that the theory of apparent agency could be established and accepted by jurors.

Based on this, the state high court reversed and remanded for trial.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Navo v. Bingham Memorial Hospital, April 26, 2016,Idaho Supreme Court

More Blog Entries:

Bove v. Naples HMA – Florida Medical Malpractice Statute of Limitations, April 21, 2016, Medical Malpractice Lawyer Blog

Now, a federal appellate court has allowed a medical malpractice and wrongful death case to proceed against a cruise line.

The case involves an elderly passenger who suffered a fall while a Royal Caribbean Cruise Lines ship was docked in Bermuda. The man, Pasquale Vaglio, returned to the ship and sought treatment in the ship’s hospital. The man fell into a coma and died a week later, allegedly as a result of negligent care. The patient’s daughter filed a wrongful death lawsuit against the cruise line in federal court in Miami, alleging that health care providers on the ship failed to properly diagnose the patient’s cranial trauma.

The trial judge dismissed the suit, applying immunity under maritime law. However, the appellate court, in a 63-page decision, found that the cruise line could be held vicariously liable for the medical malpractice of on-board doctors and nurses, even under maritime law.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

A study by Governing magazine found that four of the five cities with the highest per capita pedestrian fatality rates are in Florida. This follows an earlier study by Smart Growth America and the National Complete Streets Coalition that ranked the top four deadliest cities in the country for pedestrians as Orlando, Tampa, Jacksonville and Miami. 

The Tampa Bay area recorded 403 deaths in five years, the highest pedestrian fatality rate in the country.

The League of American Bicyclists compiled data on bicyclist fatalities and found Florida to be the deadliest state for bicyclists as well. Florida’s rate of 21.7 bicyclist fatalities per 10,000 bicycle commuters is nearly double the rate of Arizona, the next closest state.

According to researchers, the danger originates in part from an automobile-based, suburban-sprawl pattern of development, which is more common in the Sunbelt communities, which saw rapid post-war growth. Low-density neighborhoods connected by wide streets allow cars to move faster, but they are often not designed with pedestrians and bicyclists in mind.

Researchers said that action by transportation officials, such as installing bike lanes and illuminating crosswalks, can have a positive impact on reducing fatalities.

If you need to speak with a personal injury lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

When an individual is arrested, the majority of the time the arrest is by the police who have probable cause to make the arrest.  The police then forward their police reports to the prosecutor (State Attorney) who decides what, if any, charges should be filed against the suspect.  If you are wise enough to hire an aggressive attorney, the defense attorney can call the prosecutor and present evidence and facts to the prosecutor explaining why the prosecutor should drop all criminal charges.  A lawyer can also research and give the prosecutor case law that shows the police conducted an illegal search or violated the person’s constitutional rights that would result in the case getting dismissed in court.  Even if the prosecutor does not drop the charges, he may file lesser charges such as a misdemeanor charge instead of a felony.  Many attorneys do not take this step, but  I DO!  Even though I may be unsuccessful many times, I have gotten many cases dismissed.  You cannot get the charge dismissed unless you try!

In the sexual battery/rape case the the Miami-Dade County State Attorney’s office decided there was insufficient evidence that any crime was committed.  I am sure Kaepernick’s attorneys gave the prosecutor ample evidence the police did not recover, such as text and voicemails from the woman.  The woman alleged she did not know how she ended up in a hospital after having drinks with Kaepernick and 49ers wide receiver Quinton Patton and Seattle Seahawks wide receiver Ricardo Lockette at an apartment they shared in Miami.  She also alleged that she may have been the victim of a sexual assault, but the sheriff said  there was no evidence of a sexual assault.

If you have been arrested or think you are the subject of a criminal investigation, CALL AN EXPERIENCED AND AGGRESSIVE CRIMINAL LAWYER IMMEDIATELY!!!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Thomas C. Grajek  863-688-4606

NCDD

Sunrise, Florida is the scene of a recent story about the nearly unprecedented lengths to which police will go to catch and arrest drug dealers. The city’s narcotics unit routinely lures lower-echelon drug dealers, also called middle-men, from surrounding areas, then busts them for involvement in illegal activities—activities set up by the police. Of late, the most common of these stings is the sale and purchase of cocaine.

According to local media reports, the Sunrise narcotics division has been trolling online to lure middle-men to Sunrise, community of commuters considered an offshoot of Miami. Police offer to negotiate large purchases of cocaine as bait, then suggest highly public locations like restaurants, including the ubiquitous McDonald’s. Most of those arrested in these stings have not been from the local area. In fact, of the more than 190 arrests for illegal drug purchases, only seven individuals were from Sunrise.

On the surface, many law-abiding Americans might like the idea. However, the dominant goal in these operations may not be the reduction of drug trafficking, but the increase of police overtime pay. Catching middle-men—and not major drug industry figures—has not made an apparent or significant impact on the drug world. Only two arrests and convictions have resulted in 15-year sentences for actual trafficking.

It appears that annual overtime ran anywhere from $240,000 to $630,000 during the 42-month period in which police lured unsuspecting criminals to Sunrise for arrest. In sting operations, police create false circumstances which potential middle-men choose to approach, asking to purchase drugs. In a situation of entrapment, officers approach potential middle-men, offering to sell. And therein lies the heart of the issue: the ethics of operations that result in substantial monetary rewards for police officers, especially when officers create the opportunities themselves. Sting operations are a legal part of police operations; entrapment is not.

Moreover, drug dealers have rights, whether the public likes it or not. Everyone is entitled to a defense; just because an individual has been charged with an offense does not mean he or she is, or will be found guilty of that same offense.

Here is the conundrum: police officers, sworn to uphold the law, protect and serve, are deliberately creating fake situations for alleged drug dealers to purchase cocaine. The police put in overtime to do this work, and they are well-paid for doing it. How do these traps fit within the concept of justice?

Ultimately, they do not. When police begin convincing people to buy an illegal drug, they have crossed a line that those in law enforcement should never cross. The police enforce existing laws. In this case, these setups may even be shaky, pseudo-legal bids to increase the income of officers.

The issues behind drug stings may trigger strong reactions in many, but the community must remember that everyone accused of a crime is entitled to a legal defense. It follows that those who have been lured into illegal activity also deserve a criminal defense. It is an issue worth considering, as this kind of police behavior may spread beyond Sunrise, Florida.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Polk County DUI lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Even a not so observant person would realize that immigration reform is taking a backseat to other political issues of the day. The shutdown was one of those issues. It will take some time before the nation recovers from that fiasco —- an unbelievably stupid move based on two political parties with seemingly nothing better to do than fight over health reform, which is separately funded.

That being said, college presidents watching the daily debacle unfold have chosen to speak up and raise their concerns about the lack of action on immigration reform. In a nutshell, immigrant reform also affects the education of the current generation of young entrepreneurs, scientists, computer professionals and chief executive officers. As the situation stands, colleges and universities are not able to utilize the talent they train, because they cannot retain them.

Educators pointed out that many of the immigrants that grace their halls of learning leave to start companies of their own, creating jobs for others. Statistics show immigrants are twice as likely to grow their own companies. In Florida alone, immigrant-owned businesses contribute at least $13.3 billion for the state each year.

But, it’s not just the jobs that passing immigration reform would generate. It is also about how it would stimulate the local economy. For instance in the real estate niche, immigrants increased home values by $11,672 in Miami, between 2000 and 2011. It is about the taxes immigrants would pay. It is about putting money back into the local economy and reviving it. Something the nation desperately needs at all levels these days.

Passing the immigration related DREAM Act would allow those students left in limbo to move forward with their education and ultimately introduce at least 1.4 million jobs into the marketplace, with the ability to generate at least $328 billion over the next two decades. That is definitely not small change for Florida.

Something must be done to change the current immigration system so that it works for the benefit of the states and the nation as a whole. If the U.S. expects to hold on to its competitive advantage in the global marketplace, they need to deal with an antiquated immigration reform system that withholds the potential of billions of dollars from the nation’s coffers.

Rifkin & Fox-Isicoff, PA is immigration law firm in Orlando and Miami Florida. To learn more, visit http://www.rifkinfox.com/.

The DOT named 22 cities eligible for the grants. Unfortunately, Tampa is not on the list, despite ranking second in the nation in pedestrian fatalities in a survey by Transportation for America, a nonprofit transportation safety organization. Four other Florida cities – Fort Lauderdale, Jacksonville, Miami, and Orlando – made the list and are eligible for the grants.

The grants are limited in size and scope and will not be used to make any upgrades to infrastructure. They total $2 million and are intended for education and enforcement initiatives.

Another tool available to communities to improve pedestrian safety is a new NHTSA website called “Everyone is a Pedestrian.” The site brings together resources and tips that communities can use to keep pedestrians safe, such as information to help parents teach children about safe walking, reports on effective existing projects to improve safety, and guides for community safety advocates.

“Pedsafe,” a project of the Federal Highway Administration, is another website available to communities with pedestrian safety issues. It contains suggestions for engineering, education, and enforcement initiatives, including case studies of actual implementations of those ideas.

“We continue to see high rates of pedestrian fatalities in major cities and across every demographic,” said David Strickland, administrator of the NHTSA, in the agency’s announcement. “To help stop the recent increase in deaths and injuries, we need everyone to play a role in pedestrian safety. Working with partners on the federal, state, local and individual level, we hope to turn this concerning trend around.”

One attention-grabbing fact in the recent NHTSA report is that alcohol played a role in nearly half of all auto accidents in which a pedestrian died. That means either the driver or pedestrian had been drinking. And over one third of the pedestrians killed were legally drunk.

According to NHTSA reports, pedestrian fatalities declined each year from 2005 to 2009. Despite this mitigating factor, a two-year trend of increasing deaths should not be taken lightly. It is the responsibility of safety groups, individual drivers and pedestrians, and all levels of government to work together to improve the safety of our roads for all users.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The women bicycled 1,500 miles through nine states and over two dozen cities, pedaling through sweltering summer afternoons and drenching rains for the first-ever women’s Bike 4 Friendship. Men’s cross-country Bike 4 Friendship trips were held in 2011 and 2012, and a third is currently underway.

The events are organized by The Friendship Circle, a Jewish organization for special-needs children and families with 79 locations around the world.

The cyclists set out on June 30, 2013, from Friendship Circle of Miami in Pinecrest, Fla. At 10 a.m., Pinecrest mayor Cindy Lerner cut the starting-line ribbon, and the cyclists began their journey. Lerner also issued a proclamation naming June 30 “Bike 4 Friendship Day.”

Before the cyclists set foot to pedal, the event had already raised $100,000. The trip was scheduled to end on July 28 in Manhattan’s Upper West Side.

Special-needs children face huge challenges in dealing with aspects of daily life that many of us take for granted. Community resources like The Friendship Circle are indispensable. It is difficult to overstate the benefits that children and families can receive from networking and socializing with others who face similar challenges.

Individuals who go to such great lengths to raise funds and awareness for special-needs children deserve great respect. Their selfless actions do a great deal for struggling families.

The attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

Beginning in 2014, you’ll be required to have health insurance coverage. To alleviate any confusion on how insurance will be bought sold we will discuss five quick facts you need to know to prepare for the health insurance change.

#1 – Where will you get health insurance?

Insurance will continue to be purchased through employers, individual coverage, or public programs. The major difference is that large employers will be required to offer coverage or pay a fine. Some employers will opt to provide coverage some will refuse because the fine is more affordable. If your employer does not offer coverage, you can purchase your own on the health insurance exchange with no risk of being turned down or sold a substandard policy.

(Related: Will You Lose Medicare or Medicaid If You Leave the Nursing Home to Visit Family?)

#2 – So if your employer doesn’t offer coverage, where will you purchase health insurance?

If your employer doesn’t offer coverage, it can be purchased on the health insurance exchange. Policies will be standardized and easy to compare. Massachusetts has a version of Obamacare already in place with a high functioning exchange.  See just how easy it is to purchase coverage. We used the Quincy, Massachusetts zip code to browse – 02169. Give it a try.

#3 – Pricing is based on only four factors – and bad health is not one of them.

Health issues will not be considered in your health insurance premium. The price of insurance will be based on four factors.

(Related: Worried About Chained CPI? You Are Not Alone)

1. Age – older people pay up to three times more than younger people.

2. Rating area – people who live in high cost health areas (think Boston, Miami, Los Angeles,) will pay more than people who live in low cost health areas (like suburban type towns.)

3. Number of people in the family.

4. Tobacco use – tobacco users will pay up to 1.5 times non-tobacco users. However, this will be very difficult to implement and is considered discriminatory by many. Because of these arguments, some states have decided that tobacco status will not be used in pricing.

#4 – Will your health insurance costs be sky high?

Sky high is a relative term. It will depend on your income, the state you live in, and if you currently have group or individual coverage.

(Related: Rural Areas Could Suffer In States That Opt Against Medicaid Expansion)

1. A broken ankle can easily cost $10,000, a cardiac bypass can be $100,000, and cancer can be $1,000,000 or more. If your health insurance is $5,000 per year, is that worth it to prepare for a million dollar illness? If you don’t make much to begin with, you’ll get help paying for the insurance.

2. How much do you make? If your income is lower than 400% poverty level, you will receive assistance paying for your health insurance and if you earn less than 138% poverty level, you will be eligible for Medicaid – unless you are in one of those states that elected not to expand Medicaid coverage for their poorest citizens. Per this great chart by Kaiser Family Foundation, a full 67% of our population will be eligible for premium tax credits or Medicaid.

3. How well has your state regulated insurance in the past? If you live in a state that previously had good oversight in place, and provided good coverage for their constituents, you will not see much of a change in premiums. But, if you live in a state that allowed cherry picking of healthy populations in the individual market, and you have individual insurance, you may experience a significant increase in your premium cost on individual insurance – Texas and Florida for examples.

4. Do you have group or individual coverage? Group insurance has been regulated largely by the federal government for a long time and provides richer benefits like maternity coverage and improved prescription coverage.  As a result, group coverage is more expensive, but employees don’t experience the cost because employers pay a large part of the bill. Individual coverage in many states may not be as robust, and subsequently the premiums may be less expensive. If you live in a state with minimum coverage requirements, premiums for individual insurance may rise significantly to pay for better health insurance policies.

(Related: DOMA Increases Medicare Costs For Same-Sex Married Couples))

California recently released the rates for policies available on the exchange, and they are quite a bit lower than anticipated, which is a good sign.

#5 – When do you have to shop for health insurance?

Open enrollment, for individual coverage starts October 1, 2013. You will want to shop during the enrollment period versus waiting until you’re sick to purchase coverage. In the event you develop a serious illness, you will flying solo until the next enrollment period.

Read more: http://www.forbes.com/sites/carolynmcclanahan/2013/05/25/five-quick-and-important-facts-on-health-insurance-through-obamacare/?utm_content=buffer1b9cf&utm_source=buffer&utm_medium=twitter&utm_campaign=Buffer

Christopher J. Berry is an elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000