Florida Personal Injury Attorney Blog

Just days after President Obama swam in waters off the coast of Florida and tasted fish from the Gulf, the Journal of the American Medical Association published an online report detailing the affects of the Gulf oil spill on workers, tourists/residents and seafood in Florida.

The report, published August 16, 2010, states that the “oil spill in the Gulf of Mexico poses direct threats to human health from inhalation or dermal contact with the oil and dispersant chemicals, and indirect threats to seafood safety and mental health.” This statement is a strong position to take, given BP’s consistent denial of any known health risks posed by the oil spill.

The report also states: “Physicians should be familiar with the health effects from oil spills to appropriately advise, diagnose, and treat patients who live and work along the Gulf Coast…” To date, more than 300 people (75 percent of whom were cleanup workers) were treated for symptoms related to the oil spill. Complaints included headaches, dizziness, nausea, vomiting, coughing, respiratory infections and chest pain.

Acute exposure to the oil and dispersant chemicals is to blame for these symptoms, according to the report. Further, prolonged exposure may also lead to long-term effects in the seafood we consume, such as high levels of toxic contaminants such as lead, mercury and cadmium.

The U.S. Environmental Protection Agency (EPA) is also currently testing air quality in Florida and other Gulf states to produce statistics regarding the effect of the spill above water as well. If you’ve worked in the cleanup effort and have been having health problems, contact a personal injury lawyer in Florida immediately to find out your rights.

In personal injury lawsuits, Florida attorneys often seek damages for victims for something called “Loss of Enjoyment of Life.” You may have heard of people recovering money through lawsuits for medical expenses, lost wages or pain and suffering, but you may not realize that compensation for loss of enjoyment of life is often possible as well.

Although it may sound similar to “pain and suffering,” damages for loss of enjoyment of life are different. Pain and suffering refers to the direct pain caused by the injuries you receive as a result of an accident. Loss of enjoyment of life refers to the emotional, physical and psychological loss you endure over the long-term as the result of an injury.

For example, if you lose your sense of sight after an accident, you can be compensated further due to the fact that you will never be able to work the same again, see your children or generally enjoy life the way you once did. Loss of a limb, disfigurement or other catastrophic injuries also often qualify victims for this particular type of compensation.

Damages for loss of enjoyment of life are quantified by figuring out both the percentage of lifestyle lost as well as the measurable loss according to your injury. Losing an arm versus losing your sight can mean completely different sums. It takes a skilled personal injury attorney to argue this type of case and to get you the money you deserve. An attorney who can work for your best interests can successfully recover damages that will help you lead a comfortable life after a devastating injury.

Results from a new study of tourism in the Gulf region this week predict that the state of Florida will be the hardest hit economically in the wake of the BP oil spill disaster. According to the study conducted by consulting firm Oxford Economics USA and commissioned by the U.S. Travel Association, Florida will have the biggest loss in travel spending amongst the Gulf states of Texas, Louisiana, Mississippi and Alabama.

Annually, visitors to Florida bring more than $22 billion to the state’s economy. The study estimates that Florida stands to lose $18.6 billion over the next three years, regardless of that fact that 90% of the states beaches remain unaffected by the oil spill. To help offset these predicted losses, BP has already funded a $25 million campaign to help boost tourism throughout the state, but its effectiveness remains to be seen.

Lack of Tourism and Employment Linked to a Rise in Work Injuries
Tourism all over the gulf region is expected to suffer for the next several years, says the Houston-based consulting firm. Across the region, more than 400,000 people depend on the Gulf for employment and the jobless rates in this region have already sharply risen. Many people are taking on temporary cleanup jobs to make ends meet, but reports of headaches, dizziness and nausea from chemicals, slip and falls and other injuries are increasing as the danger of the cleanup efforts begins to take its toll on many workers.

If you or someone you care about has been injured in cleanup efforts, its important that you hire a qualified personal injury lawyer to help you sort through any workers compensation paperwork and settlement offers before you accept them. Or, if you’re being denied benefits, a lawyer can pursue employers and third-parities responsible for your injuries.

On July 8, 2010, the New York Times reported that the Florida legislature has called a special session in order to pass a constitutional ban on offshore oil drilling. The measure would be up for public vote on the November ballot in Florida, giving residents the ability to decide on drilling operations in the Gulf of Mexico and other offshore locations near the state's shores. Currently, offshore drilling is banned by Florida statute but not by constitutional ban.

In response to the growing concern for Florida residents and shores, the White House announced yesterday that the first lady, Michelle Obama, would be visiting Panama City Beach, Florida on Monday to meet with local officials and residents. She plans to discuss updates on the oil spill as well as how it is impacting the community thus far.

The Oil Spill’s Effect on Temporary Workers and Their Health
Temporary workers being dispatched to the Gulf of Mexico to clean up tar and oil deposits along the coastline are already complaining of flu-like symptoms, according to a June 4, 2010 article in USA Today. Dozens of workers have received treatment at local hospitals for symptoms such as chest pain, dizziness, nausea and headaches.

Doctors presume these conditions are the direct result of exposure to chemical dispersants, solvents and other hazardous materials used in the cleanup process. After the 1989 Exxon Valdez oil spill in Alaska, workers complained of similar health problems. As the oil spill continues to grow, health officials cannot possibly predict the long-term effects on workers, so it is important that affected people seek legal representation for their injuries.

As of June 17, 2010, the city of Fort Lauderdale’s website claims that all tourism-based businesses are yet unaffected by the recent oil spill in the Gulf of Mexico. However, there is real concern among residents, business owners and tourists alike that the spill may soon reach the South Florida coast and its beaches.

The Fort Lauderdale city website states that “Greater Fort Lauderdale and Broward County are not within the projected impact area” of the oil spill. However, officials also admit that winds, tides and continued leakages could drastically affect the path of the oil over the coming weeks.

Signs That the Spill May Affect Tourism
Many travel companies are also looking at this issue very seriously in South Florida. According to USA Today, the travel booking website Orbitz announced an “Open Beach Guarantee” on June 14, 2010 that offers travelers full refunds on hotel stays in South Florida through July 31st as the spill continues to grow. If the government closes a beach within 20 miles of the property at which you booked a room, you get a full refund. The same guarantee applies if the beach is declared “dangerous” for visitors. No announcements have been made on refunds for air, train or car travel.

If you have been affected by the oil spill in Fort Lauderdale or the surrounding areas, you may wish to consult with a personal injury attorney regarding your situation. How this oil spill will affect residents, workers and tourists will remain to be seen over the coming months and years, but it is never too soon to talk to a professional legal representative about health risks or injuries you may have received as a result of the spill.