South Florida Injury Attorney Blog

Daily on the roads of South Florida there are incidents of road rage; what if you were shot as a result of road rage? What do you do? This is what happened recently in Miami Gardens close to the Opa-locka Airport. See below the article from Sun Sentinel.

Miami Gardens, Fla. (Sun Sentinel) -- Road Rage victim shot after car crash

A fender-bender may have led to the fatal road rage shooting of a driver in Miami Gardens Monday afternoon.

"We are not sure he did the shooting," Bamford said. "We are still questioning witnesses."
Miami-Dade police officials, who are assisting Miami Gardens police, said the man was shot while standing in the roadway.

The article states that they are uncertain as to who exactly did the shooting. Up to the time the article was printed there were no arrests made as Miami-Dade police officials were still investigating.

The outcome of this road rage accident proved to be fatal for one of the parties involved. Investigations are still be conducted and no arrests or charges have been made. The families of the victims of this incident should seek legal counsel to ensure that their loved ones rights are reserved and they get the compensation they deserve. I am sure that you are uncertain as to exactly what rights the family of the victim that was killed due to this accident would have, or, if you were another party that was involved, what rights would you have should you decide to file claim against the person that caused this road rage incident. My advice seek legal counsel immediately from an Attorney who is experienced in these types of cases.

Should you or your loved one find yourself in a similar situation you should immediately contact an experienced Auto Accident injury attorney. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

UPDATE: After investigations the shooting was not as a result of road rage.

Continue reading " Victim of road rage shot and killed " »

What are the odds of this happening to you - you take your family out to dinner then a fight breaks out in the restaurant and your child is injured. This is what happened recently at the Steak 'n Shake in Davie, Florida. See below the article I saw on our local TV channel WSVN 7 recently.

DAVIE, Fla. (WSVN) -- Children were among those injured after a fight broke out at a South Florida restaurant.

The fight began over seating at the Steak 'n Shake near Stirling Road and University Drive, Sunday.

Police arrested one of the men involved in the fight.

This is not a situation that is a daily happening, you go out for dinner with your family, a fight breaks out in the restaurant between two patrons over seating arrangements and your child gets injured along with five other people that were all taken to the hospital. The report stated that one of the men involved in the fight was arrested.

Always seek legal counsel from an experienced Personal Injury Attorney to ensure that you know your rights. As I always advise keep proper records preferably a timeline from the date of the injury to present; keep records of all medical injuries and bills; get an accident report from the Manager of the establishment which in this case was the Steak 'n Shake and in this case seeing that police was called to the scene you should get a copy of the police report. All these documents you should present to your Attorney to assist him in building a strong case on your behalf. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading " Child and others injured at Restaurant " »

Every day in South Florida there is an incident that I can write about. Today I saw news coverage on one of our local channels WSVN-7 news, about a car that collided with a semi trailer. Reports state that there were no fatalities, luckily, but that six people needed to be hospitalized for injuries. Up to news time reports were uncertain as to exactly what the cause of the collision was but there was also speculation in the report that the cars may have been racing. See report below.

SOUTHWEST MIAMI-DADE, Fla. (WSVN) -- Five people are recovering in the hospital after the car they were riding in collided with a semi-trailer truck.

The incident occurred at about 2:30 a.m. Friday along Coral Way and Southwest 84th Avenue. Police said five people were riding in a Honda Accord when it collided with the big rig.

Hazmat responded to the scene after the semi-truck spilled about 100 gallons of diesel onto the road.

After seeking medical attention you should seek immediate legal counsel from an experienced automobile attorney to ensure you know your legal rights. Your legal counsel will request the following: records of all medical bills; photographs of the scene of the accident and the immediate area; photograph of your injuries should also be kept. You should also get a copy of the police report and you should also contact the owner of the tractor trailer or the company that he works for as an accident report will have to be completed for insurance purposes. All these documents are pertinent in preparing a strong case on your behalf should you decide to file claim for your damages.

Should you or a loved find yourself a victim of personal injury please contact an Attorney experienced in automobile accident law to ensure that you know your rights and you get the compensation you deserve. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " Tractor trailer collides with car " »

South Florida is the place residents from the north come to retire, not to mention the abundance of snow birds that also make South Florida their permanent homes. Therefore abuse of our elderly is a 'crime' that should not be taken lightly. Recently on the news a 95 year old woman was left in a parked car while her caretaker went gambling. See the article below.

Coconut Creek, Fla -- Nurse leaves 95 year old woman in parked car and goes to Casino

A Boca Raton caretaker arrested for leaving a 95-year-old woman sitting in a parked car for two hours while she gambled at a Broward County casino appeared in court on Monday.

"Had it not been for the Good Samaritan, this could've been a whole different scenario," Schiff said.

Luckily for Ms. Sapstein she was seen sitting the car for over a period of time by a "Good Samaritan" and the police was called to the scene, had she gone unnoticed who knows how long she would have been sitting in her car outside the casino. Any form of elderly abuse is considered a crime and in this case Ms. Sapstein's licensed nurse also had warrants in Palm Beach for unrelated charges but similar to this case. If this was your relative what would you do? First and foremost ensure that your loved one has no health issues stemming from this incident, then I would contact an Attorney experienced in abuse of the elderly to ensure that you know your loved one's rights. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " NEWS - Caretaker goes gambling " »

It was chilling to watch this tribute to the cyclist Aaron Cohen that was stuck and killed by a hit and run driver on Virginia Key recently. From all reports and interviews that was seen Aaron was an all round great guy - a great father to his kid and a great son to his parents and a best friend to all.

VIRGINIA KEY, Fla. (WSVN) -- Family and friends of a cyclist who lost his life after being struck by a hit-and-run driver gathered in his honor.

Thursday night, hundreds jogged up the bridge where 36-year-old Aaron Cohen was struck. Once the massive group of Cohen's loved ones got to the top of the bridge, they dropped roses into the waters below.

During Thursday night's memorial, the words Aaron wrote just before he died were read, which he titled, Why I Run: "The short answer is, I run, because it makes me happy."

The story above says it all, Aaron and his companion victims of a hit and run driver, luckily the driver turned himself in eventually and charges were made. Victims of hit and run accidents after seeking medical attention should seek immediate legal counsel from an experienced attorney to ensure you know your legal rights. Keep records of all medical bills, go back to the scene of the accident and take photographs of the area, also keep photographs of your injuries.

Should you or a loved find yourself a victim of this type ofinjury please contact an Attorney experienced in wrongful death law to ensure that you know your loved one's rights. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " NEWS - Cyclist is remembered " »

The headline of this blog says it all "Exploitation of the Elderly". This is a serious crime that is rampant in South Florida and goes unnoticed by all. Taking advantage of elderly should not be allowed as these 'old folks' cannot fend for themselves and depend on their immediate caretakers and family for everything. In the upcoming blogs I will find more articles of elder abuse for you to see the different scenarios that there are and it will also serve as a wake up call to us all when we see our elderly being taken advantage of by their own family and their caretakers. Read this article of a woman that was stealing from an elderly Cuban native.

MIAMI (WSVN) -- Police have arrested a woman after exploiting an elderly woman's savings account.

Seventy-seven-year-old Nelsa Delgado came to South Florida 40 years ago from Cuba.

Pedro said his mother is in very poor health, and is completely heartbroken.

This is a sad case of elderly abuse as the person that was stealing from Mrs. Delgado was a family friend and her caretaker Olga Hidalgo-Gato. Luckily in Mrs. Delgado's case she is still lucid and was able to bring the attention to her savings account by asking her son to find out what her account balance was, which is where he realized that the balance was incorrect. After enquiries were made by the family the police was called in and further investigations showed Ms. Gato withdrawing money without Mrs. Delgado being present, and checks withdrawn also against her account without her permission.

A heart breaking story for the Delgado family, as it was her life savings that Ms. Gato was pilfering daily and as the report stated in amounts of $500, along with casino visits. Should you or a loved be a victim of this type of abuse, contact an Attorney experienced in elderly abuse law to ensure that you know your loved one's rights. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " NEWS - Exploitation of the Elderly " »

PREVENTION: On my way into work this morning I usually take the back roads of Fort Lauderdale to avoid traffic. Coming up to a four way stop as usual I slowed down in anticipation for the stop, stop, then proceed. So I reach the stop line and proceed - as I step on the gas to move forward, out from the street a cyclist just turns into my lane. Had I sped off from my stop this would not have been a story that I would be writing about today.

Cyclist please beware of your surroundings and be careful on the roads daily, as there are very few drivers that are aware of their surroundings and alert at all times. I took some tips from my previous blogs and listed them below for you:

• HELMETS or PROTECTIVE HEADGEAR SHOULD BE WORN AT ALL TIMES

• Bicycle lanes are typically designed for through travel. To make a right turn where a right turn lane is provided to the right of a bicycle lane, a cyclist should leave the bicycle lane, since continuing in the bike lane to the intersection and making a sharp right turn could surprise a motorist in the right turn lane.

• A bicycle lane is a lane marked with a stripe and symbols for the preferential use of bicycles on a roadway (motorists may enter or cross a bicycle lane to turn into or off a roadway at intersections and driveways).

• A cyclist operating on a one-way street with two or more traffic lanes may ride as close to the left-hand edge of the roadway as practicable.

• A bicyclist may NOT wear a headset, headphone, or other listening device other than a hearing aid when riding. Wearing a headset blocks out important audio clues needed to detect the presence of other traffic.

• Where a bicycle lane is continued along the right side of a through/right lane, a cyclist who intends to go straight may need to adjust their position to the left to reduce the hazard of being cut off by a turning motorist.

• Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions existing, and shall ride within a single lane.

• A cyclist who rides on a paved shoulder should still travel on the right because (1) this reduces crash risk at intersections and driveways (drivers don’t expect traffic on shoulders to approach from the “wrong” direction) and (2) whenever the cyclist enters the roadway (e.g., to pass a pedestrian or other cyclist, cross an intersection, keep clear of a vehicle approaching to enter the roadway at a driveway, avoid debris or obstructions, etc.), right-side operation becomes mandatory.

Above are just some tips that cyclist should be aware of when using the roadway to ensure their safety and avoid injury.

Whether you are in Broward or Miami Dade County, should you or a loved one be the victim of a bicycle injury, contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to seek legal counsel.

Another one of those accidents that seem to be happening more frequently. Drivers confusing their car pedals and pressing the gas instead of the brake or in most situations putting the car into the wrong gear DRIVE instead of REVERSE. See below an article I saw on our local TV channel WSVN 7 recently.

NORTH LAUDERDALE, Fla. (WSVN) -- A building has been deemed unsafe after a car crashed into it.

The Broward Sheriff's Office is conducting an investigation into the crash and no charges have been filed.

Accidents of this nature cause an unusual amount of stress to the store owner who now has to close his business to be able to repair his store front. It stated in the article that North Lauderdale Building Inspectors came and did an inspection and deemed the building unsafe. The store will definitely have to remain closed until the structural repairs are finished and the building considered safe by Inspectors.

In situations like this it is always advised for the owner of the establishment to seek counsel from an experienced accident attorney to see whether he can file suit against the driver of the vehicle for damages to his store. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading " Store front crash " »

If you live in Fort Lauderdale, or Miami, you are under increased risk of exposure to toxic chemicals. Many businesses, including restaurants, retail stores, rental properties, and even some well-managed country club communities in Boca Raton and West Palm Beach, are increasingly under scrutiny for their excessive use of toxic chemicals.

The most commonly abused toxic chemicals of those used to control insects, rodents, and other common pests. Because of a lack of proper supervision, there is often negligence in the over application or abusive overuse of toxic chemicals in our homes, shops, and restaurants.

The State of Florida has extensive guidelines, which are effective in Miami, Fort Lauderdale, West Palm Beach, in Broward County, which clearly indicate a level of appropriate and inappropriate use of toxic chemicals. Many South Florida personal injury lawyers have experience in dealing with personal injury lawsuits by those who are exposed to excessive levels of toxic chemicals. Premises liability and personal injury lawsuits arise when a company, or an individual, who has a duty of due care acts negligently.

The types of personal injuries that can occur differ on the type of chemical and the amount of its concentration. If you feel that you have been injured by exposure to toxic chemicals, in your home in South Florida, or in a business establishment anywhere in Miami, West Palm Beach, Palm Beach County, contact a South Florida personal injury law firm.

An experienced South Florida personal injury lawyer handles not only slip and fall, and automobile accident and automobile collision lawsuits, but is also trained to advise you on medical malpractice, and other personal injuries. Most South Florida personal injury lawyers will gladly meet with you, one-on-one, for a consultation at no cost. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Recently stumbled upon an article that was reported in 2009, and decided to write about it. A man participating in the Mack Cycle Key Biscayne Triathlon Trilogy sustained a concussion and a torn knee in a bicycle accident with a car, the report stated. Miguel Tellez was leading a pack of bicyclists across the Rickenbacker Causeway Bridge when a car pulled into his path, the newspaper said. Fortunately, the resulting accident resulted in only moderate injuries. It was the second bicycle accident in Key Biscayne in that week, following closely on an accident involving Eduardo Lopez of Miami, the state kilo champion.

A triathlon has three parts: A foot race, a bicycle race and a swimming race. Tellez was struck during the 9.8-mile bicycle phase. According to fellow racer John Reback, Tellez was riding downhill at about 35 miles per hour when a car pulled in front of him. He “T-boned” the vehicle and flew into the air, sustaining a concussion, a deep cut to the head and a torn knee. The injuries were less severe than originally feared, race director Rob Childers said, but the accident took Tellez and about half of the other participants in the lead pack out of the race. The men’s portion was eventually won by Reinaldo Oliveira, a teammate to Tellez on the Runner’s Depot Racing Team, in 51:56. The women’s winner was Linda Neary Robb at 54:40.

As an Aventura bicycle accident lawyer, I’d say Childers is right -- the injuries could have been much worse. A collision between a bicycle and a car can be very serious even at slow speeds, because bicyclists don’t have much protection in a crash. That’s an especially important point to remember as we enter summer, when more people -- adults and children -- are likely to bicycle on Florida roads. As always, drivers should remember to share the road with bicyclists, which means yielding the right-of-way when appropriate and allowing them enough space to ride safely. And bicyclists should do their part by following traffic laws, yielding when appropriate and using safety gear like lights, reflective clothing and helmets.

Continue reading " Triathlete Injured in Key Biscayne Car Accident During Bicycling Phase of Race " »

Well, this story should be interesting to follow to see the different outcomes. Pfizer on Wednesday recalled approximately one million packets of birth control pills because of a packaging error. See article below for more information on these defective products.

WEDNESDAY, Feb. 1 (HealthDay News) -- About one million packets of birth control pills are being recalled in the United States by Pfizer Inc. because of a packaging error that could reduce the effectiveness of the pills and cause unintended pregnancies.

"This is extremely important," said Dr. Steven Goldstein, Professor of Obstetrics and Gynecology at NYU Langone School of Medicine in New York City. "It is absolutely essential that birth control pills be taken as intended, with 21 medicated pills in a row. Otherwise ovulation could take place and an unintended pregnancy is definitely a possibility." Read more

Dr. Jill Rabin, Chief of Ambulatory Care, Obstetrics and Gynecology, Head of Urogynecology at Long Island Jewish Medical Center in New Hyde Park, NY stated that women who determine that they do have the recalled contraceptive pills should first "ensure that you are not currently pregnant (by taking a pregnancy test) if you have any symptoms of pregnancy (missed periods/abnormal bleeding, etc)." They should also switch immediately to a non-hormonal form of contraception if they are not pregnant, notify their health care provider of the situation, and return the defective product to the pharmacy.

Apparently the cause of the error was identified and corrected immediately, according to Pfizer, it has also been reported to the USDA. The pills were manufactured and packaged by Pfizer and sold under the Akrimax Pharmaceuticals brand and distributed to warehouses, clinics and retail pharmacies across the United States.

As stated above should you determine that you have a been using one of the recalled pill packets, you should contact your Doctor immediately. Now what if you find yourself pregnant what happens then, after contacting your Doctor to discuss your options, you should also contact an attorney experienced is cases of defective products to ensure that you know your legal options and/or compensation. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Last month I posted a story on the recent cruise ship accident "Costa Concordia" in Italy. I discussed the some of the options that passengers may have should they decide to file suit against the owners Costa Cruises.

So following up on that last blog here is another article where the Italian Association of Tour Operators and consumer groups, where they reached a decision to pay out 11,000 Euros to all 3,200 passengers.

Rome (CNN) — Passengers of the Costa Concordia are expected to receive a compensation lump sum of 11,000 Euros ($14,400) each, the Italian Association of Tour Operators said in a statement Friday.

The captain of the ill-fated cruise ship is under house arrest and faces possible charges of manslaughter, shipwreck and abandoning ship.

This is food for thought, as in articles and reports I have read that filing suit against the owners of the Costa Concordia maybe impossible even though the owner of Costa Cruises is Carnival Corporation a US based company. I will continue follow this story and keep you informed on the outcome.

Should you or a loved one find yourself a victim of a cruise ship injury please contact and experienced attorney in this field who will ensure that you receive the proper compensation that you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading " Cruising Liability - Where are MY rights!!! " »