South Florida Injury Attorney Blog

In an earlier blog this month I mentioned that March is considered Bicycle month in South Florida. Just got a notification that the City of Coconut Creek with be hosting a Bicycle Safety event this weekend at Sabal Pines Park.

(Sun Sentinel, FL) The City of Coconut Creek Parks & Recreation Department, the Coconut Creek Police Department, Broward County Bike Patrol and Alex’s Bicycle Pro Shop are sponsoring “Let’s Move Bicycle Safety,” an event where kids can learn how to ride a bike and change a flat bicycle tire. The pro shop will have racing bikes on display and kids can meet a professional bike racer.

The event is from 11 a.m. to 1 p.m. on Saturday, March 31 at Sabal Pines Park, 5005 Northwest 39 Avenue. It’s free and no registration is required. For more information, call 954-956-1580 or visit www.coconutcreek.net/events.

As a Fort Lauderdale Attorney I have represented families of victims of bicycle accidents, recently I posted a blog about a 15year old what was involved in an accident in Davie whilst riding to school. I cannot begin to stress the Due Diligence that cyclist have to follow when sharing the roadways with vehicles or even in the parks with other cyclist, skateboarders, people running or walking.

1. PLEASE ALWAYS WEAR PROPER HEADGEAR /HELMET

2. Wear brightclothes - so you will be seen by other bicyclist; pedestrians; and road users;

3. Ensure your bicycle is outfitted with lights and reflectors;

4. Also just like when driving no texting the same applies for cyclist no texting and no use of headphones or headsets as you may be distracted and not be alert to the noises around you such as a car horn blowing;

5. Always wear the right clothing - pants with loose pant legs can get caught up in the bike chain; wear the correct shoes preferrable sneakers as other types of footwear will not grip the pedals. Barefoot riding is NOT an option.

As a Fort Lauderdale Personal Injury Attorney practicing this type of law for over 10 years, I have represented cyclist that have been the victims of reckless drivers on the road with success. I have ensured that their loved ones receive the compensation that they deserve. Should you or a loved one become a victim of personal injury please do not hesitate to contact our office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Within the past couple days on the news there have been reports of hit and run accidents some involving bicyclists being hit by negligent drivers and mainly pedestrians on crosswalks etc. As an Attorney practising in Davie and its environs, I am experienced in these types on injuries whether it be personal injury; accidents involving cyclists; pedestrians or vehicular, I always advise my clients to seek legal counsel to ensure that you know your rights and you get the compensation you deserve. Below is a story from the Miami Herald involving the Davie Police Chief.

Davie, FL (Miami Herald) Police Chief Patrick Lynn was driving his unmarked car Wednesday morning when he hit a teenage boy riding a bicycle just yards from police headquarters.

"I'm a little upset that the chief was at fault in the accident and didn't get a ticket," she said Thursday. "If I would have hit someone, I would have gotten a ticket. So because he's a police chief he doesn't get in trouble?" Read more…..

As you see from the story above the cyclist was rightly in the crosswalk when he was hit. The report stated that the light was red and the teenager had right of way. Luckily for all parties involved there were no serious injuries, but I would advise my client to still visit your Medical practitioner as with some accidents, "silent injuries" as we call them, may take a couple days to surface, but still should be documented to assist you should you decide to file claim.

Should you or a loved one be a victim of personal injury due to a negligent driver you should immediately seek legal counsel to ensure you know your rights. Contact our local office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " Bicyclist hit in Davie " »

(Sun Sentinel, Fort Lauderdale, FL) A 39-year-old construction worker was recovering in the hospital Thursday after falling down an elevator shaft, according to Fort Lauderdale Fire Rescue.

He was extricated, stabilized and taken to Broward General Medical Center. The injuries are not believed to be life-threatening, he said.

As a Fort Lauderdale Attorney practicing worker's compensation law for the past 10 years in South Florida, I have represented numerous families who have been victims of this type of personal injury. I would advise the family of the injured worker to keep all record of his injury in the form of pictures of his immediate injury with timeline showing his recovery; pictures of the job site and the exact location where the injury occurred; request a copy the accident report from the first responders whether it be the Fire Rescue or the Fort Lauderdale Police; also seeing that worker was taken to Broward General Hospital, his family should request copies of his medical reports should be kept, as this will assist his legal counsel in filing a strong worker's compensation claim should he decide to.

Should your or a loved one be a victim of personal injury accident requiring worker's compensation you should immediately seek legal counsel to ensure you get the compensation you deserve. Contact any of our offices located in : Fort Lauderdale, Weston; Coral Springs; Aventura; Pembroke Pines or Silver Lakes for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " Construction job injury " »

I read this article and it made me seriously concerned when I read it. I found this article in the Sun Sentinel…

Sun Sentinel, FL A man convicted six times of driving under the influence was charged with a seventh DUI offense, court officials said Tuesday.

"Now if you have previously refused a breath test, and are charged again and refuse, that's another crime the person is charged with," Steinberg said. Cascioli "is not legally able to drive," Steinberg said. "He doesn't have a driver's license anymore. He can't register a car in his name. His privilege was permanently revoked."

Read more...

As my teenage daughter would say "Really!" "When do you draw the line" with these types of offenders, who constantly break the law. Do you wait until there is serious personal injury or worst case scenario a fatality???

As a Fort Lauderdale Attorney practicing personal injury and wrongful death law for the past 10 years in South Florida, I have represented numerous families who have been victims of drunk drivers, and ensured that they were compensated for their damages etc. Should your or a loved one be a victim of a drunk driving accident you should immediately seek legal counsel to ensure you know your legal rights. Contact our office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Interesting article for your reading that I found in the Sun Sentinel. I touched on this prior at the end of the year and its what I call "Good Parking Lot" practices for drivers and pedestrians on how to avoid injury. This story is exactly what I spoke about in that previous blog.

Drivers age 80 and older in Florida don't have to take a driving test when they renew their licenses. But should they?

Two fatal accidents over the weekend may re-ignite the debate over whether the state should require older drivers to be retested and recertified in order to continue driving. A 78-year-old woman was killed Sunday when she was backed into and run over by an 89-year-old driver at a Delray Beach Walmart. In Deerfield Beach, a woman was backed over and dragged across a church lawn by an 88-year-old driver.

Data is particularly sketchy on whether road testing predicts which seniors will crash. Only Illinois now requires it. Nine other states have seniors renew in person, beginning from 69 to 75 years old. Seventeen states have no age-based licensing requirements. One of every five drivers in the Sunshine State is 65 or older, a ratio that will continue to increase as the Baby boomers age, state safety experts say. Florida has 2.75 million drivers in that age category, the second-highest in the nation. California is first, with 3.1 million drivers age 65-plus. Read more….

Situations like these where there are fatalities are considered wrongful death and the people responsible for these accidents can be held accountable. As a Fort Lauderdale attorney experienced in these types of cases I would advise that you contact our office to seek legal counsel and to ensure that your loved ones get the compensation that they rightly deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

In my earlier blog this week I posted the "Stand Your Ground" statue for you to read and get a better understanding of the law. I also made reference to the Trayvon Martin wrongful death shooting in Sanford, Florida, where he was shot and killed by the Neighborhood Watch Captain of his dad's gated community.

Initial reports were that Trayvon went to the store to get snacks for his little brother and was running back to his dad's condo when he was approached and fired upon by the Watch Captain. He was killed on the scene; in his possession he had a pack of Skittles an Iced Tea and some money.

The 2011 Florida Statutes

Chapter 776 JUSTIFIABLE USE OF FORCE cont'd

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

This is the last of the Statue, I hope you have an understanding of the law now. After listening to all the reports and reading the law does it pertain to this case Trayvon Martin and the action taken by the Neighborhood Watch Captain was it really warranted? This case I will continue to follow, as every day there are new developments.

As Attorney practicing in Fort Lauderdale for over 10 years, I have represented cases of wrongful death and personal injury with success. I have ensured that their loved ones get closure and justice is served on behalf of their loved ones. Should you or a loved one be a victim of wrongful death please do not hesitate to contact any of our offices located in Fort Lauderdale; Weston; Pembroke Pines; Silver Lakes; Aventura; Coral Springs and Davie for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " Wrongful Death of Teenager - Part 2 " »

It's been a couple weeks since the wrongful death shooting death of Trayvon Martin in Sanford, Florida and every day on the news there is a report on the killing, mainly questions as to why there has been no arrest in this case as of yet. I've been doing some research on the "Stand Your Ground Law" and I will put the statutes for you to review and draw your own conclusion.

The 2011 Florida Statutes

Chapter 776 JUSTIFIABLE USE OF FORCE

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if: (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

This is just the first 2 points in the statute, there is a total of 5, the last 3 I will include later on this week, I want you to review these statutes and look at the Martin's case. As an Attorney practicing in Fort Lauderdale for over 10 years, I have represented cases of wrongful death and personal injury with success. I have ensured that their loved ones get closure and justice is served on behalf of their loved ones. Should you or a loved one be a victim of wrongful death please do not hesitate to contact anyone of our offices located in Fort Lauderdale and its environs, for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading " Wrongful Death of Teenager - Part 1 " »

We are already in the middle of March and Spring is just around the corner. As usual the weather is perfect for riding in South Florida, so I think now is a good time to start preventative practices for all riders - motorcyclist and bicyclist. The Sun Sentinel featured an article on Bicycle month with a host of activities that will be held at the Brian Piccolo park. See excerpt of article below.

Cities across Broward will host cycling events as Bicycle Month 2012 continues throughout March.

Originally just a week, the event was expanded to a full month in 2008. With more than 60 events at county and city parks, Bicycle Month promotes recreational cycling and safety, said Michael Mills, a spokesman for Broward County Parks and Recreation.

The month includes a mix of bicycle-related activities, ranging from safety rodeos to racing. Mills said some county parks are adding bicycle events to take advantage of their venues, including nature trail bike hikes. Some Bicycle Month events also coincide with regularly scheduled activities, such as the BMX nights at Brian Piccolo Park in Cooper City.

Read more…..

Motorcyclist and bicyclist fall easy prey to injury as they are on the roads daily sharing with drivers who fail to be considerate of them. Motor bike riders and cyclists should also be on the guard and always take the extra time and effort to make sure that their safety is first and foremost on the road.

As a Fort Lauderdale Personal Injury Attorney I have represented motor bike riders and bicyclist that have been the victims of reckless drivers on the road. I have ensured that their loved ones receive the compensation that they deserve. Should you or a loved one become a victim of personal injury please do not hesitate to contact any of our office located in Hollywood, Fort Lauderdale, Aventura, Coral Springs and Weston for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Listening to the WSVN news this morning I had to post this tragic story today, just read below….

MIAMI GARDENS, Fla. (WSVN) -- Family and friends of a Florida teen shot and killed in a neighborhood watch want the gunman responsible behind bars.

Zimmerman has not been charged in connection with Trayvon's death.

This is truly a tragic story and my condolences go out the family. In this case family members should they decide to file claim may be able to recover monetary compensation for their loss.

As an experienced Attorney practicing wrongful death law and personal injury in Fort Lauderdale my advice to his family would be seek legal counsel to ensure that you know your rights should they decide to file a wrongful death claim. If you lost your loved one due to a wrongful death, you may be eligible to receive compensation under Florida law. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading " Unnecessary Action - 17-yr-old shot and killed " »

I found this article whilst surfing the internet. It's never bad to be repetitive as the older folks would say and my nana would say "Prevention is better than cure". See article from Sun Sentinel below.

North Lauderdale, FL (Sun Sentinel) Bicyclist hit by car in North Lauderdale

A bicyclist was hit by a car and hurt Saturday evening in North Lauderdale, according to the Broward Sheriff's Office. The man was walking alongside his bike, trying to cross 81st Avenue from west to east, at Hampton Boulevard, when a silver Mustang struck him, officials said. The area is near the city's Hampton Pines Park.

The driver waited at the accident scene for rescue crews. The victim, who was not crossing at a crosswalk, was taken to North Broward Medical Center, but his injuries did not appear to be life threatening, BSO said.

As an experienced Attorney practicing personal injury in Fort Lauderdale, advice that would be given: after seeking medical attention always contact an attorney with knowledge of bicycle accidents for advice on your case. Keep proper record of all your medical bills; get a copy of the accident report from the police officers or in the case the Broward Sheriff's Office; take pictures of your injuries and the scene of your accident, as all this information would assist the attorney to build a strong case on your behalf should you decide to file claim against the motorist.

Motorists and bicyclist should always remember that the roadway is shared and should always take into consideration the other users on the road. Practice awareness to avoid unnecessary personal injury to yourself, your passengers and other road users. Luckily for the cyclist in the article above his injuries were not life threatening and the driver waited on the scene for the paramedics.

Should you or your loved one find yourself in a similar situation you should immediately contact an experienced attorney to ensure you know your legal rights and you get the compensation you deserve. Whether you are located in Weston, Aventura, or Hollywood contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading " Bicyclist hit by car in North Lauderdale " »

After my last blog I decided to review some points that I have covered previously but with Spring about start and Summer following closely behind my offices have again put together some pool safety and premises liability tips that home owners and property owners can use as guidelines. As an experienced Attorney practicing personal injury and premises liability in Fort Lauderdale we have represented numerous victims of this type of injury.

Swimming pool accidents in South Florida are high and as an Attorney practicing personal injury law and premises liability law in Fort Lauderdale we have represented numerous victims and have compiled some facts home/property owners can use as guidance.

- Property owners - should have Lifeguards on duty;

- Children need to be monitored at all times when they are using the pool or in the vicinity of one;

- Enclosure of your swimming pool with either a fence or an enclosed screen will prevent someone becoming injured or worst case scenario a drowning on your property;

- Pool ladders and handrails are a requirement;

- Keep all gates to the pool area closed at all times;

- Pool coverings will keep the pool secure and your family safe when it is not in use;

- Proper placement of patio furniture so as to avoid anyone becoming injured whilst using the pool area.

The list above are just some guidelines that pool owners and home owners should follow to avoid any unfortunate situations. Should you as a pool owner find yourself in an unfortunate situation these facts that I have listed above will assist you in determining whether there is a swimming pool liability or premises liability case. Seek legal counsel from an experienced premises liability attorney to ensure you know your rights.

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

I normally don't like to present blogs when the outcome is loss of life especially one so young, but in this case I had to. On the news this morning there was a story about 7-year-old boy that drowned yesterday in Oakland Park, FL, at a complex swimming pool. See story below.

OAKLAND PARK, Fla. (WSVN) -- Officials are investigating why a young boy died after drowning in a South Florida apartment complex's swimming pool.

A 7-year-old boy and his father were attending a barbecue by pool of an apartment complex along Northeast 41st Street, Sunday evening.

BSO is looking into the circumstances surrounding the drowning.

The end result of this story is sad but living in South Florida this is a situation that we deal with especially when the weather starts warming up. Statistics show that South Florida leads the nation is swimming pool injury with some ending fatally. Children should be monitored at all times when they are using or in the vicinity of a pool, lake or pond. Especially at these apartment complexes where they have no lifeguard on duty, there is also proven fact that a child can down in water as shallow as 12inches in a matter of minutes.

And as always you should seek legal counsel from an experienced premises liability attorney to ensure you know your rights. Should you or your loved one find yourself in a similar situation you should immediately contact an experienced premises liability attorney. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading " Oakland Park drowning " »