South Florida Injury Attorney Blog

There are many great things about living in South Florida -- but as my colleagues at the personal injury bar can tell you, our medical malpractice laws are not one of them. Florida state law allows doctors to go without medical malpractice insurance, as long as they post a sign saying they don’t have it and promise to pay up to $250,000 per lawsuit. Thanks to that law, the Sun-Sentinel recently reported, South Florida is the national capital for uninsured doctors. Nearly 25% of the doctors in Broward County and more than a third in Miami-Dade are uninsured, according to the article.

That may not sound like a problem at first. After all, many people do their jobs without insurance. But then again, a mistake at those people’s jobs doesn’t usually carry the high stakes of a serious medical mistake, which can cause deaths or serious, permanent disabilities. A medical malpractice lawsuit is supposed to help victims of this sort of serious mistake, by publicizing the doctor’s errors and winning them the money they need to treat the problem and compensate them for the catastrophic changes in their lives. Without insurance, most doctors can’t afford to pay medical malpractice judgments, which are frequently well over the $250,000 maximum required by the no-insurance law. Cases of birth injuries, in which a baby or mother is harmed by mistakes during a birth, often go into the millions.

As the Sun-Sentinel reported separately, this astounding and irresponsible trend toward no malpractice insurance ultimately harms the victims of medical malpractice twice. Seriously injured folks who’d have a strong case in any other state can’t win full compensation from an uninsured Florida doctor, which means the money they stand to win is often less than the cost of pursuing a lawsuit in the first place. And that means they often can’t find a medical malpractice attorney to take their cases for little or no payment. Thanks to a 2006 law, they can’t even collect from co-defendants like clinics or hospitals.

And because of the no-insurance rule, it’s not easy for patients to tell the difference between a doctor who chooses to go without insurance and one who can’t get it because of a history of malpractice. Florida could be turning itself into a haven for the worst sort of doctor. Under these circumstances, it’s hard to see how these Florida medical malpractice laws are designed to protect the public’s interests.

The Sun-Sentinel set up a tool to help you check your own doctor’s insurance status and malpractice history (Broward and Palm Beach Counties only), but for some patients, it’s already too late. If your family has been harmed by a bad doctor in South Florida, contact Cohn, Smith & Cohn for a free evaluation of your case.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: medical malpractice

Bookmark:

I’ve seen a lot of articles recently suggesting that people are using alternative transportation to avoid the high gas prices we’ve seen this year. It’s hard to pin down statistics on that, but officials in both Florida and Washington have speculated recently that we may see more two-wheeled vehicles on the road if gas prices stay high. After the National Highway Traffic Safety Administration’s recent release of new accident statistics, federal Transportation Secretary Mary Peters suggested that more drivers may turn to motorcycles and scooters that get 50 mpg or more. And closer to home, the East Orlando Sun reported that more people here in Florida might turn to bicycles to avoid buying gas altogether. Judging by what I’ve personally seen on the road, they’re both right.

If this is true, it’s mostly great news. Motorcycling and bicycling both offer a lot of advantages over driving, including fun, easy parking and less effect on the environment as well as fuel savings. If you’re bicycling, you’re also getting some healthy exercise. But as an experienced motorcyclist, I can’t emphasize enough to new riders that traveling on two wheels requires a little extra caution. When you’re on a bike of either type, you’re less visible to other motorists. And without a steel cage, seat belts or airbags around you, you’re a lot more vulnerable in the event of a crash. That’s one reason U.S. motorcyclists were 35 times more likely to die in a crash than drivers in 2006, even though they only accounted for 0.4% of all vehicle miles traveled. The NHTSA doesn’t keep the same statistics for bicycles, but it does note that Florida had the highest bicycle fatality rate in the nation in 2006, at 7.3 deaths for every million Floridians.

To prevent these horrific and unnecessary tragedies, federal and local authorities have asked motorists for years to “share the road.” While enforcement generally -- and in my opinion, correctly -- focuses on drivers who aggressively crowd or resent bikes and motorbikes, sharing the road is a two-way street. You can’t control the folks around you, unfortunately, but you can and should do what you can to minimize your risk. Here are some tips on sharing the road for everyone -- drivers, motorcyclists and bicyclists -- from the Florida Bicycle Association and the Motorcycle Safety Foundation:
Know your responsibilities. Under the law, bicycles and motorbikes are vehicles, with all of the same rights and responsibilities that drivers have. That means you have to stop for traffic signals, signal your turns and yield to pedestrians and other vehicles when appropriate. In addition to preventing an accident, following these rules also protects you from false accusations of reckless biking if you do get hit.

Stay aware. Drivers are much more likely to see a two-wheeled vehicle if they’re looking for one. For drivers, that means they need to keep the possibility of a bike in mind at all times, yield when they see one and be extra careful when gauging its speed. For riders, that means doing their best to stay visible to drivers, and taking extra precautions with the knowledge that drivers may not see them.

Know your rights. Motorcycles are entitled to a full lane at all times; bicyclists are entitled to one when cars can’t pass safely. You are not “blocking the road” if you’re making a move for safety’s sake.

Don’t drink and ride (or drive). Even if a DUI doesn’t scare you, consider the possibility of dying or sustaining permanent brain damage or another disability -- or accidentally inflicting those injuries on someone else. Even if you’re on a bicycle, if you can’t walk straight, it’s best to call a cab.

If you’ve been hurt despite your best efforts by a driver who just “didn’t see” your bicycle or motorcycle, contact us today for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , bicycle accidents , motorcycle accidents

Bookmark:

Thanks to statistics from the U.S. Coast Guard (PDF), Floridians know that we have the highest number of boating accidents in the United States. Given our wealth of coastline and waterways, maybe that’s not surprising -- after all, there aren’t many boating opportunities in Kansas. But as a personal injury lawyer in South Florida who’s handled many boating accident lawsuits, I’ve hoped and believed that we can do better.

For that reason, I was pleased to read in an article on the Web site of Miami’s CBS 4 that we may have some good news at the end of this year. The main part of the article is about the tragic death of recreational boater David McMillan, who was just 34. My sympathies go out to his family and friends. But further down in the article, we learn that a $350,000 boating safety awareness campaign by the Florida Fish and Wildlife Conservation Commission may be paying off. CBS reported that boating-related deaths are actually on track to drop in Florida for the third year in a row. As of early August, the article said, there were 32 boating deaths in the year 2008 in Florida, compared to 54 during the same time in 2007.

In fact, according to the FWC, the rate of fatal accidents has been declining since 2005, when 80 fatalities were reported for the entire year. And that’s true even though the number of registered vessels in Florida is increasing. As the agency points out as part of its Wear It Florida campaign , the majority of boaters involved in fatal accidents are actually older people with substantial boating experience -- not drunk, inexperienced or speeding kids. Most often, they know how to swim, but aren’t wearing the life jacket that could save them when they grow tired or are knocked unconscious.

The FWC’s and Coast Guard’s statistics both track recreational vessels only -- meaning that accidents involving cruise ships and other commercial vessels aren’t part of those numbers. And because cruise ships can be dangerous places that aren’t always held accountable by Florida law, I would certainly prefer to see them tracked in some way. But despite that omission, it’s cheering to hear that our state’s safety campaign is working. Let’s hope 2008 and 2009 continue this trend.

If you or someone you love was hurt in a boating accident or injured on a cruise ship off Florida’s coast, contact Cohn, Smith & Cohn for a free evaluation of your legal claim.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: boating accidents

Bookmark:

The Sun-Sentinel ran a piece recently on the problems faced by small businesses operating out of a warehouse in Pembroke Park, not far from our own main office in Pembroke Pines. The article says the warehouse has housed 300 small businesses in former storage units for as long as 30 years -- but an inspector has only recently discovered that none of them are up to the fire code. Because the units were originally storage rather than commercial or industrial buildings, they didn’t need back doors -- but as businesses, they do.

I sympathize with these business owners. It’ll take creative thinking to solve the problem posed by the building’s structural limitations. But as a businessman myself, I know it’s very important to solve the problem, and there are two reasons why. One is the obvious one: Nobody wants a loss of life. If a fire ever does happen, every cent put into preventing unnecessary deaths will be worth it. You might remember the disaster at the Station nightclub in Rhode Island in 2003, in which 100 people died and many others were injured. In that case, there were fire exits -- but they were obscured by smoke, causing a stampede for the front door. The club was also above its capacity and didn’t have sprinklers installed because of a grandfather clause in local laws.

The other reason may not seem quite as clear for folks who aren’t personal injury attorneys or owners of large businesses. If you’re a business open to the public or clients, you have a legal responsibility in the State of Florida to keep your premises free of dangers, or warn people of any you can’t fix. And you’re legally liable for any injuries that take place if you don’t meet those responsibilities. For the folks in the Pembroke Park warehouse, that means that they could be sued for wrongful deaths or serious personal injuries if they’re unlucky enough to have a catastrophic fire break out without the right safety measures in place. Nobody wants the financial or moral responsibility for that kind of tragedy.

If you’ve been seriously hurt by a preventable danger on someone else’s property, contact Cohn, Smith & Cohn for a free evaluation of your case.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: premises liability

Bookmark:

The Sun-Sentinel recently reported a tragic accident that killed a Hollywood man. Jose Barros died on U.S. 27 when he didn’t stop his pickup truck soon enough to accommodate the Mack truck ahead of him, which was slowing in order to pull over. Barros was also not wearing his seat belt during the rear-end accident. Our sympathies go out to his family and to the driver of the Mack truck.

As an experienced South Florida auto accident lawyer, what strikes me the most about this story is the difference in size between the two vehicles involved. A Ford F-150 like the one Barros was driving is a big truck -- but a Mack truck is far bigger. A 2008 Ford F-150 weighs about 5,500 pounds, but the weights of large commercial trucks start at 10,000 pounds and go up from there. A Mack truck’s bumper is also generally much higher than that of a passenger vehicle. Automotive safety experts call this “vehicle mismatch,” and it’s a serious problem.

In an accident, weight translates to physical force -- which means a much greater weight produces a much greater force, crushing the smaller vehicle. Meanwhile, the higher bumper of a large truck is placed too high for the smaller vehicle’s bumper to absorb the shock; instead, it’s likely to be right at the level of vehicle occupants’ heads and necks. This means vehicle mismatch poses a serious threat to people in smaller vehicles -- and almost everyone on the road is smaller than a large truck.

Truck drivers must have special commercial licenses, so they’re generally good drivers, but the exceptions can be deadly. The National Highway Traffic Safety Administration reports that in 2006, people outside of the truck were a staggering 83% of the fatalities in all fatal large truck crashes. When victims live, they often have catastrophic injuries like brain damage, severe burns and paralysis.

The article didn’t report how fast Barros was driving or why the Mack truck pulled over, so it would be inappropriate to assign blame for this accident. But when truck drivers and trucking companies kill or seriously injure people with carelessness and safety violations, they should be held legally liable for the harm they cause. A Florida trucking accident lawsuit can help victims recover the money they need to cover medical costs, funeral bills and other costs of the accident, make ends meet and more. If someone you love has been victimized, contact Cohn, Smith & Cohn today for a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , large truck accidents

Bookmark:

Putting someone you love in a nursing home or other assisted-care facility is an act of trust, especially if you can’t be there every day. Most caregivers are worthy of that trust -- but a few horrific stories of nursing home abuse have taught us to be vigilant. The State of Florida has laws and programs in place to ensure that nursing homes, hospitals and other health care facilities remain safe. The resulting reports are public information, but until recently, they were only available in physical form.

As the Orlando Sentinel reported, that changed recently, when the state Agency for Health Care Administration started posting inspection reports online. To view the reports, visit the Consumer Resources page on the AHCA’s Web site and choose “Health Care Facility and Provider Inspection Reports.” In a brief search, I pulled up two pages of reports on nursing homes alone in Broward County. Most noted minor problems, but I found one that said staff members consistently ignore residents’ requests for help. One resident was left on the toilet for 10 minutes without help getting up, while another visually impaired resident was forced to eat with his or her (it didn’t specify) hands because the staff didn’t help.

This collection of online records is a great tool for families considering a new health care facility of any type, including nursing homes. Unfortunately, because of state laws, it can’t publish the reports of the most serious mistakes -- the ones that lead to a wrongful death or a serious personal injury. It also doesn’t have too many reports from before this year. But it’s a great starting point for families trying to get the best care possible for their loved ones.

If your best research and efforts haven’t protected your family from serious medical mistakes or disrespectful and negligent treatment, you can file a Florida nursing home abuse or medical malpractice lawsuit. Contact Cohn, Smith & Cohn for help understanding more about your legal options and your rights.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: medical malpractice , nursing home abuse

Bookmark:

The National Highway Traffic Safety Administration has just come out with statistics on traffic fatalities for the year 2007, and for most Americans, the news is good. The NHTSA is part of the federal Department of Transportation; it researches traffic accidents and provides information on things like vehicle recalls and how to use a child car seat correctly. If you’re interested, a PDF of the results can be found here.

I’m pleased to say that the August 14 report on traffic fatalities shows an overall trend toward fewer fatal accidents. Between 2006 and 2007, overall fatalities dropped by 3.9%; Florida actually exceeded the national numbers with a 4.3% drop. The national number includes a 2.9% decrease in pedestrian fatalities, a 3.7% drop in alcohol-related deaths and a 5.7% drop for fatalities in passenger vehicles.

That drop for passenger vehicles would actually be significantly larger if it weren’t for a big, ugly exception: The rate of motorcycle accidents actually increased by 6.6%. Unfortunately, this is part of an ongoing trend toward more motorcycle traffic deaths. The NHTSA reports that there were 2,106 motorcycle fatalities in 1997; ten years later, the reported number is 5,154. That means motorcycle-accident-related deaths have more than doubled in the past ten years! Of course, part of it is that there are just more motorcycles on the road, as the NHTSA has documented -- though not more than double the amount. And of course, all those new riders start out inexperienced.

In response, the NHTSA plans to launch a motorcycle safety campaign, but it focuses on drunk riding. That is a problem, but as a rider, I know that far too many motorcycle accidents are caused by drivers of cars and trucks who “don’t see” the riders right in front of them. The definitive study on motorcycle accidents’ causes, the Hurt Report, actually says that half of all motorcycle accidents are caused by drivers, with drivers most often turning left right in front of a bike going straight.

If you’ve been seriously hurt by a driver who wasn’t looking where he or she was going, you have rights. Please contact us at Cohn, Smith & Cohn so we can hear about your case and advise you about your rights in a free consultation.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: automobile accidents , motorcycle accidents

Bookmark:

If you ride a motorcycle in Florida -- or plan to soon -- you’ve probably heard about the new state law requiring new riders to pass a training course before they get their licenses. If you haven’t, here’s a brief summary: People of any age who would like a brand-new motorcycle endorsement on a Florida license must first pass a Basic RiderCourse from the Motorcycle Safety Foundation. Before, this was only true for riders under 21. People who already have motorcycle endorsements aren’t affected. The Florida DMV has more information.

I ride myself (I have a Harley Road King Classic and a Big Dog Ridgeback chopper, and my wife rides a Harley Softtail Deluxe), and I don’t mind admitting that I wouldn’t like being told what to do by the government if I were a new rider. However, as a personal injury attorney who’s handled many motorcycle accident cases, I believe this law could greatly benefit riders. That’s not so much because it’ll make riders safer. Of course, I hope and believe a training course will make inexperienced riders think twice about advanced or dangerous moves. But the landmark study on motorcycle accident causes, the Hurt Report, found that at least half of all motorcycle accidents are caused by drivers of cars and trucks who violate the motorcyclist’s right of way. In fact, it said drivers’ failure to look for or see riders is “the predominating cause of motorcycle accidents.” If you’re on the road frequently, you can probably confirm that from your own experience.

No, I’m pleased about this training law because it will make it harder for insurance companies to make motorcyclists look reckless. As a personal injury lawyer in Fort Lauderdale, I frequently represent people who were seriously injured in accidents, and serious injuries can be expensive. Some insurance companies don’t want to pay expensive claims -- even though they’re obligated to by their own contracts -- so they try to make the accident look like the rider’s fault. Unfortunately, in front of a jury with negative preconceptions about motorcycles, this can be easy. But if I can point to my client’s Motorcycle Safety Foundation certification, I have built-in evidence that my client knows what it takes to stay safe on the road. (Wearing a helmet and other protective gear also helps demonstrate this.)

Of course, the best way to avoid stupid insurance tricks is to not need to make a claim. But if you were hurt in a motorcycle accident despite your best efforts, you should contact my firm, Cohn, Smith & Cohn, for a free evaluation of your case.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: insurance coverage , motorcycle accidents

Bookmark:

With South Florida buttoned down today in anticipation of Tropical Storm Fay, I’ve got insurance on my mind. If that seems like a strange thing to think about, well, you’re probably not a personal injury lawyer in South Florida. Much of my job involves trying to get my clients what they’re owed by an insurance company -- an auto, malpractice, homeowners’ or liability insurance company. In some cases, that’s not as easy as you might think.

As homeowners in South Florida have known for years -- and as a lot of folks on the Gulf coast learned after Hurricane Katrina -- insurers don’t like having to pay out lots of expensive claims at once. That’s why they try to price-gouge those of us who live in storm-prone areas, and sometimes try to avoid paying claims altogether after an expensive accident. For homeowners, the tricks can be as simple as redefining one type of damage as another type that isn’t covered. In other cases, the insurer might blame you for your accident, try to pay less than it owes or ignore your calls and letters altogether.

In addition to undermining the point of insurance in the first place and victimizing policyholders a second time, refusing to pay a legitimate claim is an illegal breach of contract. You can complain about illegal behavior to the Florida Office of Insurance Regulation, of course. But if you’ve lost substantial money, you should also consider an insurance bad faith lawsuit, which will help you recover the cost of what you lost. Sometimes, it can also punish the insurer for illegal or very unethical behavior with even higher payments.

Luckily, experts predict that Fay will pass us by without causing any serious damage. But if your vehicle, home or other property is badly damaged in this or any other storm and your insurance company won’t pay what it owes, contact Cohn, Smith & Cohn to learn more about your rights and your legal options.

Posted by Cohn, Smith & Cohn | Permalink | Email This Post

Posted In: insurance coverage

Bookmark: