October 18, 2012

Florida Appellate Court Rules on Apportionment of Fault in Construction Injury Lawsuit

864728_21815800.jpgA cement truck struck and injured a flagman just outside a construction site. When the flagman sued the driver and the subcontractor that employed him, a battle began over the apportionment of fault among the plaintiff, the general contractor, and various subcontractors. The trial court ruled that the defendant subcontractor was not entitled to an apportionment of fault, as its contract appeared to make it solely responsible for worker safety. The Fourth District Court of Appeals disagreed in Continental Florida Materials, Inc. v. Kusherman, reversing the trial court’s ruling and remanding the case so the court could apportion fault among the various contractors.

The accident occurred when a concrete truck hit a flagman while driving in reverse, knocking him to the ground and running over his legs. The construction foreman, who was employed by the general contractor, had instructed the truck driver to exit the construction site, which the driver had to do in reverse. The foreman was not formally responsible for directing traffic within the site, but the general contractor was responsible for controlling street traffic around the site. The plaintiff was the only flagman directing traffic at the time, and he claimed that he was turned away from the truck and did not hear a backup indicator. By the time he saw the truck, the plaintiff claimed it was three to four feet away and he did not have time to avoid being hit.

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October 9, 2012

Pediatricians Warn of Risk of Serious Injury to Children from Recreational Trampoline Use

733512_93488650.jpgTrampolines are a common feature in the backyards of homes with children across the country. According to the American Academy of Pediatrics (AAP), however, they pose a significant risk of injury to children and teens, including traumatic brain injuries and spinal fractures. Estimates of the total number of injuries caused by trampoline-related accidents every year extend into the hundreds of thousands. The trampoline was not originally intended for recreational use, but rather to train athletes and pilots. The AAP therefore advises against the recreational use of trampolines, especially in a home environment.

A competitive gymnast named George Nissen patented the trampoline in 1945 as a “tumbling device.” He intended to use it to train gymnasts and acrobats, and he expanded its use to include training of military pilots. Once manufacturers learned how to produce trampolines that could be broken down, shipped, and reassembled, the recreational trampoline was born. The AAP’s Council on Sports Medicine and Fitness published a study on trampoline safety among children and teens in the October 2012 issue of the AAP’s journal, Pediatrics. It estimates that nearly 100,000 injuries resulted from trampoline use in 2009, with about 3,100 hospitalizations and deaths.

The most common injuries resulting from trampoline use, according to the AAP, occur in the lower extremities. These account for one-third to half of all trampoline-related injuries, and largely involve sprains or fractures of the ankle. Injury to the cervical spine is a common result of trampoline accidents, caused when a trampoline user lands incorrectly or falls off the trampoline entirely. Between ten and seventeen percent of trampoline-related injuries consist of head and neck injuries, many of which resulted in some degree of physical or cognitive impairment. The AAP states that 0.5% of all trampoline accidents result in permanent neurological impairment.

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October 4, 2012

Fatal Florida Parasailing Accident Prompts Calls for Formal Safety Standards

419768_36155517.jpgA Connecticut woman on vacation in Pompano Beach, Florida died in a parasailing accident in August. Her harness allegedly failed, causing her to fall about two hundred feet to the water. The accident prompted an investigation by state and federal authorities, which is still underway. An organization that advocates for parasailing safety is calling for regulations related to the activity’s safety. Few regulations at the federal, state, or local levels address the many safety concerns surrounding the activity, which can be popular among beach vacationers in Florida.

Parasailing involves one or more people towed by a boat or other vehicle while harnessed to a parasail wing that resembles a parachute. As the vehicle moves forward, the parasailer is lifted into the air by the parasail. The parasailer has little to no control over his or her own movement while in the air. A sufficiently powerful vehicle can enable two or more people to parasail in tandem.

During the afternoon of Wednesday, August 15, 2012, a husband and wife were parasailing in a side-by-side harness, towed by a motorboat. The woman’s harness reportedly broke while they were between 150 and 200 feet in the air. The boat captain had to allow the man to descend before retrieving his wife from the water. She was pronounced dead at Broward Health North later that day, with blunt trauma and asphyxiation listed as the causes of death.

The Miami Herald reported on the captain of the boat, who has a valid captain’s license from the U.S. Coast Guard (USCG). The USCG is investigating the matter with the Florida Fish and Wildlife Conservation Commission. The National Transportation Safety Board (NTSB) also joined the investigation, making this the first investigation of a parasailing accident at such a high level of government. The investigation is reviewing both the equipment itself and the possibility of operator error. It remains unknown, therefore, whether defective equipment or negligence contributed to the accident.

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September 11, 2012

Florida Court of Appeals Rules on State Medicaid Program's Right to Reimbursement from Private Settlement for Personal Injury Damages

348608_2617.jpgThe Florida Third District Court of Appeals ruled in favor of the state’s Medicaid program in Garcon and Robinson v. Agency for Health Care Administration, after the state sought reimbursement from a private settlement received by an injured claimant. The court affirmed the state’s position that Medicaid should be the “payor of last resort” in cases of injury where other parties are principally liable for damages. It therefore affirmed a lower court ruling ordering the Medicaid claimant to reimburse the program, out of a settlement received from a tortfeasor, for the amount it had paid for past medical expenses.

One of the appellants, Robinson, suffered permanent and total disability as a result of a gunshot wound, according to the Court of Appeals ruling. Medicaid paid him $244,590.57 for past medical expenses, an amount all parties agreed was reasonable. Robinson later received a settlement payment from a tortfeasor for $1 million. The settlement included a stipulation that the compensation amount covered both past and future medical costs, but did not cover any noneconomic damages like pain and suffering. Medicaid claimed a lien on the settlement for the total amount of its payment, $244,590.57, and the case went before a trial court. The trial court ruled in the state’s favor.

Florida’s Medicaid Third-Party Liability Act specifically states that, in the event of an injury for which another party is liable, Medicaid assistance is secondary to all other sources of compensation for past medical expenses. The statute provides that, if Medicaid makes payment to an injured party, and the injured party then recovers damages from another party, then Medicaid must be reimbursed for its payments from the newly-discovered compensation. It even states that such reimbursement shall occur before payment to any other lienholder.

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September 6, 2012

Woman Sues Bail Bondsman for False Arrest After Bounty Hunter Arrests Her by Mistake and Allegedly Demands Gas Money

320px-Bail_Bonds.jpgA woman in Savannah, Georgia has filed a lawsuit against a local bail bond company, alleging that a bail bondsman in its employ arrested her without cause, then refused to release her or take her home, once the mistake was made clear, without payment. The lawsuit claims several intentional torts, including false arrest, imprisonment, and intentional infliction of emotional distress.

The plaintiff, Becki Terry, alleges that a bail bondsman for Savannah Bail Bonding, Inc. falsely arrested and imprisoned her on February 27, 2012. According to her complaint, she was at home with her fiance and her roommate that morning. At about 7:30 a.m., her roommate answered a knock on the door. The bondsman did not identify himself at the time, but said he was looking for Terry. The roommate allowed the bondsman in, and he began searching for Terry. He reportedly found her in an undressed state and told her she was under arrest. As Terry tried to explain that she had no charges pending against her, the bondsman allegedly grabbed and handcuffed her, still offering no explanation of the charges. Terry claims that her fiance had to beg the bondsman to allow her to get dressed. Once she was dressed, the bondsman took her to his car and drove her to the Chatham County Jail.

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August 23, 2012

Death of Florida SeaWorld Trainer Shows Difficulty of Claiming Damages for Emotional Distress

1021741_27494618.jpgA killer whale at SeaWorld in Orlando, Florida pulled a trainer into the water in February 2010, resulting in the trainer’s death. SeaWorld has faced multiple legal challenges, including an investigation by the Occupational Health and Safety Administration (OSHA), which led to a fine in 2011. The company also faced a lawsuit from the family of a child who witnessed the incident and, according to his parents, was severely traumatized by the experience. Their lawsuit for intentional and negligent infliction of emotional distress, which a judge dismissed in September 2011, demonstrates how difficult it can be to prevail on a claim for damages inflicted emotionally rather than physically.

The Connell family brought their son from their home in New Hampshire to Orlando for his birthday. They went to see the “Dine With Shamu” show on February 24, 2010, featuring a killer whale named Tilikum. At the end of the show, the whale reportedly grabbed a trainer, 40 year-old Dawn Brancheau, by her ponytail and dragged her down into the water. Tilikum dragged Brancheau around the water tank until park workers were able to retrieve her body.

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July 3, 2012

Florida Receives Average Score in Advocacy Group's Injury Prevention Ranking

1158220_39704248.jpgA national health care advocacy organization, the Trust for America’s Health (TFAH), recently released a report on injury-related deaths in all fifty states and the District of Columbia, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report.” TFAH identified ten “key indicators” of injury prevention in state laws and regulations. The study ranked the states and D.C. based on the number of key indicators present, and it also ranked them based on the rate of deaths per 100,000 people. Florida ranked near the middle on both scales, with only six of the ten key indicators. The state’s annual rate of 66.8 injury-related deaths gives it the eighteenth-highest rate in the country.

Injuries account for over 180,000 deaths each year, according to the study. Among people between the ages of one and forty-four years, injuries are the leading cause of death. Injuries account for nearly 90,000 deaths in that age group, compared to 50,000 for non-communicable disease and less than 10,000 for communicable disease. The study divides injuries into categories, including falls, blunt force injuries, gunshot wounds, cuts or puncture wounds, burns, poisoning, vehicular injuries, and drowning or suffocation. In all, the lifetime costs of injuries, which includes not only immediately medical expenses but also the ongoing cost of care, lost income, and lost productivity, exceed $406 billion per year.

New Mexico has the highest overall injury-related death rate, according to TFAH, with 97.8 deaths per 100,000. New Jersey has the lowest rate at 36.1. Florida is just behind Colorado’s 67.8 and ahead of North Carolina’s 66. TFAH states in its report that it cannot say with certainty why one state has a lower or higher injury-related death rate than another state, but that its list of “key indicators” can offer states guidance on how to effectively prevent injuries.

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June 29, 2012

Firecrackers - 4th July Safety - Part 2

The continuation of my 4th July article on safety this upcoming holiday. Should you be the victim of this type of burn injury you should always seek legal counsel to ensure you receive the compensation you deserve for your medical bills and damages.

How and Why Do These Injuries Occur?

Availability: In spite of federal regulations and varying state prohibitions, many types of fireworks are still accessible to the public. Distributors often sell fireworks near state borders, where laws prohibiting sales on either side of the border may differ.

Fireworks type: Among the various types of fireworks, some of which are sold legally in some states, bottle rockets can fly into peoples' faces and cause eye injuries; sparklers can ignite clothing (sparklers burn at about 2,000°F); and firecrackers can injure the hands or face if they explode at close range.

Being too close: Injuries may result from being too close to fireworks when they explode; for example, when someone leans over to look more closely at a firework that has been ignited, or when a misguided bottle rocket hits a nearby person.

Lack of physical coordination: Younger children often lack the physical coordination to handle fireworks safely.

Curiosity: Children are often excited and curious around fireworks, which can increase their chances of being injured (for example, when they re-examine a firecracker dud that initially fails to ignite).

Experimentation: Homemade fireworks (for example, ones made of the powder from several firecrackers) can lead to dangerous and unpredictable explosions.

As an Attorney practicing in Fort Lauderdale and its environs of Sunrise, Plantation, Weston, Davie, Cooper City, Miramar, Pembroke Pines and Hollywood, we have received calls from victims of this type of accident burn injury who are unsure as to whether they are able to file claim and against whom.

Should you or a loved one be the victim of this type of injury, seek legal counsel. Contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation, or you can visit us online.

HAVE A SAFE 4TH JULY

June 27, 2012

Firecrackers - 4th July Safety - Part 1

In preparation for the upcoming holiday I decided to post information re fireworks safety as every year we see victims of this type of burn injury and get numerous calls as they are uncertain as to the procedures to follow. See article for safety this 4th below along with some statistics:

Focus on Fire Safety: Fireworks

Every year in the United States, we celebrate the Fourth of July with community parades, picnics, barbecues, and fireworks - the things of which happy memories are made. But sadly, Independence Day also includes tragic events resulting from fireworks use. The safest way to enjoy them is through public displays conducted by professional pyro technicians hired by communities.

Who is at Most Risk?

In 2010, U.S. hospital emergency rooms treated an estimated 8,600 people for fireworks-related injuries. 73 percent of these injuries occurred between June 18 - July 18. Of these:

• 65 percent were to males and 35 percent were to females.

Children under 15 years old accounted for 40 percent of the estimated injuries.

• Children and young adults under 20 years old had 53 percent of the estimated injuries.

• An estimated 900 injuries were associated with firecrackers. Of these, an estimated 30 percent were associated with small firecrackers, 17 percent with illegal firecrackers, and 53 percent where the type of firecracker was not specified.

• An estimated 1,200 injuries were associated with sparklers and 400 with bottle rockets.

• The parts of the body most often injured were hands and fingers (30 percent), legs (22 percent), eyes (21 percent), and head, face, and ears (16 percent).

• More than half of the injuries were burns. Burns were the most common injury to all parts of the body except the eyes, where contusions, lacerations, and foreign bodies in the eye occurred more frequently.

• Most patients were treated at the emergency department and then released. An estimated 7 percent of patients were treated and transferred to another hospital or admitted to the hospital.As an Attorney practicing in Fort Lauderdale and its environs of Sunrise, Plantation, Weston, Davie, Cooper City, Miramar, Pembroke Pines and Hollywood, we have received calls from victims of this type of accident injury who are unsure as to whether they are able to file claim and against whom.

Should you or a loved one be the victim of this type of injury, seek legal counsel. Contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation, or you can visit us online.

June 25, 2012

Motor Cycle accident in Davie

The law states that drivers who fail to properly obey traffic signals may be held liable for the accidents they cause. Accident investigations are used to determine whether the driver of a motor vehicle was at fault: driving under the influence, distracted, inattentive or more recently texting behind the wheel. If the driver is found to be at fault they will be held liable for any injuries and or damages that may have occurred.

Jason whilst taking his usual Sunday cruise out to the Truck Stop in Davie, was seriously injured in a motor vehicle accident where he was struck by a car. The official police report stated that the driver of the car made an incorrect turn at the intersection of Griffin and Weston road causing serious bodily injury to Jason who was heading west on Griffin towards US Interstate Highway 27.

Jason suffered critical injuries as he was thrown from his motorbike. Police reports and investigation determined, that the driver of the car who was heading east on Griffin road made an illegal left turn and failed to yield right of way to the motorcyclist. Police and paramedics were called out to the scene and Jason was taken to the hospital. Jason’s injuries were serious and he was hospitalized and after his release from the hospital he still had regular visits plus rehab was necessary. Jason sought legal counsel from an attorney experienced in motor cycle accident, he filed suit against the driver of the motor vehicle and received compensation for his medical bills and loss of wages.

Should you or a loved one find yourself in a similar situation please feel free to contact us at our offices located across South Florida. We can be reached at 954 431 8100 or 305 624 9186 or you can visit us online for your free consultation.

June 22, 2012

Cruise Ship dangers

Have you ever really wondered how safe it is on board a cruise ship, besides the fact that anything can happen on the open ocean where your safety is concerned, I have found that there is a whole lot more that goes on board these cruise ships that go unreported, in particular cases of rapes and assaults on female passengers and cruise ship staff.

Take for instance this scenario – you and your girlfriend decide to take a much deserved cruise to the Caribbean – you do your research as to what is the best cruise deal you book your trip and start the preparation for your trip. The day of your trip arrives and you are totally excited about the trip. You board the ship, first and foremost you go thru the safety procedures from how to properly put on your life vest to where to go to get to your life boat etc… but they never warn you about something even more dangerous like being assaulted or raped on board these ships, you would never think of that, but this is a regular incident that happens and sometimes go unpunished, leaving the victim with irreparable scars and memories to deal with.

As a Fort Lauderdale Attorney practicing in South Florida our law firm has represented cases of this type, but what never ceases to amaze, is that these victims never thought they had any legal grounds to file suit, yes, reports were made to the respectable law enforcement agencies but they never thought that they would have grounds to file suit for damages etc against the cruise ship company.

With all this said, should you or a loved one be the victim of this type of injury or assault we at the Law Office of Cohn and Smith will review your case and help you defend your rights. Please contact us at 954 346 0607 or 305 624 9186 for your free consultation; we have offices located in Broward and Miami-Dade county.

June 20, 2012

Accident from a DUI driver

Last Friday Tomas, was heading home after leaving an office function where alcohol was served, he was heading south on State Road 7 and at the intersection of State Road 7 and Hollywood boulevard he ran a red light and slammed into a car seriously injuring the driver and his passenger.

Occupants of the other vehicle received serious personal injury from the crash and had to be taken to the hospital emergency room. Tomas received minor injuries and was arrested by the police on the scene as he was found to be driving under the influence.

Reports taken from the scene of the crime stated that Tomas was given a sobriety test, as it was alleged from witnesses at the scene that he was driving recklessly. Investigations also revealed that Tomas had previous convictions for driving while under the influence of intoxicants.

The injured driver and his occupant sought legal counsel from personal injury attorney in Hollywood, who assisted them in filing personal injury claims against Tomas for loss of wages, vehicle damages and compensation for medical bills.

Contact us at 954 431 8400 or 305 624 9186 or visit us online for your FREE consultation. We have offices located across Dade and Broward county, and our experienced staff will review your case and advise you of your legal rights and ensure you receive proper compensation for your losses and damages you may have incurred.

June 18, 2012

Been dog bitten?

Yearly in South Florida Personal Injury attorneys receive calls from all over Miami-Dade and Broward County, from persons seeking legal counsel as they were a victim of a dog bite or maybe seeking advice on behalf of a victim.

A lot of dog bites take place in neighborhoods whilst the victim may have been exercising or walking in their immediate neighborhood or park and was attacked by a dog that may have gotten away from its owner. In any one of these situations these attacks can cause serious injury and in some situations can scar the victim or victims for life, not to mention the inconvenience to the victim. Medical attention is always required where dog bites are concerned. Once you hire the services of an attorney experienced in this type of injury they will advise you to keep a record of your injury: medical bills and photographs of your injury, as this will assist your attorney should you file a claim for compensation. Homeowners and renters insurance policies typically cover dog bite liability and insurers may charge more premiums for certain breeds of dogs.

Following the tips listed below will help reduce the chances of your dog biting someone:

1. Have your dog play with others people and animals;

2. Play non-aggressive games with your dog such as “go fetch”;

3. Avoid exposing your dog to situations in which you are unsure what the dog’s response will be;

4. Having your dog spayed or neutered, may reduce the likelihood that the dog will bite.

At the Law Office of Cohn and Smith our experienced staff will assist and guide you. We will first review your case to ensure that your rights are reserved and we will protect your rights as a victim to ensure that you receive the proper compensation that you deserve for your damages.

Should you or a loved one be the victims of this type of injury please feel to contact our office for your free consultation. We can be reached at 954 431 8100 or 305 624 9186 or visit us online.

June 6, 2012

Injured at Playground or park

Summer is almost here and the kids will soon be on vacation. For those who will not be travelling for the summer the local playgrounds, parks and water parks will definitely be on their list of things to do, as keeping your child/children safe will be a task.

As an experienced attorney practicing in cities such as Fort Lauderdale, Coral Springs, Davie, Cooper City, Weston, Pompano, Aventura and Pembroke Pines, my office has represented victims of these types of recreational park injury which mainly occurs to minors. Parents of victims should always remember to keep records of all their child’s injuries including medical bills, and also take pictures of the immediate and surrounding area where the accident occurred and the damages to your child.

Should your child be a victim of personal injury at one of these parks, after seeking medical attention, you should first contact the city that the park is located to find out that the deadline is for filing claim should you decide to, as many of these cities have short deadlines set for filing claims. After contacting the city and seeking medical attention for your child, you should immediately contact an experienced attorney in this type of injury law to seek legal counsel and file claim.

If you or someone you know has been injured in a park accident or playground accident, contact an experienced personal injury attorney to seek legal counsel to ensure you are properly compensated.

At the Law Offices of Cohn and Smith our experienced staff will assist you should you decide to file claim. We can be reached at 954 431 8100 or 305 614 9186 or visit us online, to set up a FREE consultation to discuss your legal options.

June 4, 2012

Slip and Fall at the Food Court

With the economy as it is shopping in South Florida malls have become an almost weekly event as there are numerous sales every weekend, I have even seen stores with weekly sales trying to catch the early shopping worm.

Recently, in one of the local newspapers I saw an article where a couple was shopping at a popular mall and had a slip and fall accident. Apparently they were walking around the food courts in the mall trying to decide what to eat, and was not aware of the wet area. The husband slipped and fell as the area was not properly identified. A call was made to 911 and EMT’s were dispatched to the scene, and they determined that the man’s injuries were serious enough to require hospitalization.

Just prior to the incident, the floor was mopped by an employee of the maintenance company contracted to housekeeping services at the mall. The couple noted that the cleaning company failed to post proper signs or any other warnings that the floor was wet. The injured man was hospitalized for one week and suffered a fractured patella and knee injuries due to slipping on the wet mopped floor. The injured man decided to hire a personal injury attorney.

The injured man’s attorney advised him that a claim should be filed for negligence against the mall and the third party cleaning company. He was able to seek compensation for his medical bills, loss of income and future loss of wages, because the injury sustained have limited the man’s mobility and may affect his ability to work.

Should you or a loved one be the victim of a slip and fall accident, you should seek legal counsel from an attorney experienced in personal injury. Our offices are located across Broward and Miami-Dade county. Contact us at 954 431 8100 or 305 624 9186 or online for your free consultation.

May 30, 2012

Pool safety and premises liability

Summer is here and pool safety is a priority for all home owners, condo associations, hotels, resorts and the local parks across South Florida. We have seen reports on the television and in the local newspapers stories about children drowning in pools due to poor supervision. These drowning incidents can sometimes be ruled as accidents and no negligence found, but they can are become all too common during the upcoming summer months.

I posted an article last year about pool safety and I’m just going to go over some of the safety tips for you as an owner:

1. Always ensure an adult or two is supervising the children at ALL times.

2. Install a four-sided barrier (such as a fence with gates that automatically close) around the entire pool area.

3. Install alarms on pool gates so that you know if anyone enters the pool area while you're not watching.

4. Use safety covers to prevent drowning while the pool is not actively in use.

5. All adults and children who use the pool should know how to swim.

6. Get basic CPR training and first aid training to help victims in case of an accident.

7. Install an outdoor phone line or keep a cell phone handy to quickly reach emergency services should and accident occur.

Following these basic steps and developing some of your own precautions to ensure the safety of your guests, should relieve you of some liability. You should always seek legal counsel to ensure that your rights are reserved.

If you have experienced the loss of a loved one on someone else's property, it is critical that you contact a Fort Lauderdale premises liability attorney to represent your case. At the Law office of Cohn and Smith we have represented victims of this type of injury. Please do not hesitate to contact any one of our offices for your free consultation via phone 954 346 0607 or 305 624 9186 or visit us online.

May 25, 2012

Caught up in a Car chase

Earlier this month here in South Florida, there was a incident where the turnpike was shut down from the Golden Glades interchange to the Interstate 595 due to a series of events stemming from a car jacking that began in Northwest Miami-Dade just around mid afternoon. The car-jacker first car jacked a vehicle in Miami-Dade then headed into Broward county, where he robbed a barber shop in Pembroke Pines and fired his weapon he then dumped the first car that was stolen and “jacked” another.

In his escape he entered the turnpike heading north but crashed into a vehicle, what if you were the victim on that crash, you are heading home after a day on the job and you are involved in this chase. What is your next step, first after seeking medical attention should you require you should contact an experienced attorney in this type accident.

At the Law Office of Cohn and Smith our experienced staff will assist and guide you thru this ordeal. We will first review your case to ensure that your rights are reserved, we will protect your rights as a victim and ensure that you receive the proper compensation that you deserve for your damages.

Should you or a loved one be the victim of this type of injury please feel to contact our office for your free consultation. We can be reached at 954 431 8100 or 305 624 9186.

May 23, 2012

Getting ready for the rainy season

In South Florida, our equivalent of snow storms is our Hurricane season. Hurricane season officially begins in June and ends in November. For the last couple years South Florida has been extremely fortunate and not been hit by any major hurricanes. Let’s pray that this 2012 hurricane season will be the same.

We may not have had category 3-5 weather but we have had some thunder storms with extremely heavy downpours and even some golf ball size hail. This type of weather makes driving conditions extremely hazardous as the roads tend to get slippery which in turn can cause hydroplaning, which in turn causes automobile accidents. Hydroplaning is caused when there is a combination of oil, dirt, and water that make the roads slick and tires have a harder time getting traction causing this effect. SLOW DOWN. Quite a bit of road accidents that occur during this season are normally caused from motorists who were driving too fast in these slick conditions. Should you become a victim of a motor vehicle accident due to the recklessness of another driver, you should seek legal counsel to ensure you receive proper compensation for injuries and damages that you may have sustained due to negligent driving of others.

If you or a loved one has been injured in an accident caused by someone driving negligently in wet conditions, contact an experienced personal injury attorney who will know your rights and get you proper compensation. You can contact our offices for a free consultation at 954 346 0607 or 305 624 9186 or visit us online. We have offices located across Broward and Miami-Dade County, and my staff is ready to assist you with your claim.

May 21, 2012

20yr old injured whilst riding

A bicyclist on his way home was injured whilst riding his bike on the pavement just a few blocks from his home in Fort Lauderdale, Florida. The accident occurred just after midnight, whilst he was on his way home from his job.

The victim a 20yr old was riding home when the bicycle hit an uneven part in the pavement and threw him off his bike causing him serious injury. Paramedics were called to the scene as the bicyclist was found to be seriously injured; he was taken to Broward General Hospital where he was kept for a few days as his injuries warranted observation.

Police investigated and noted that besides the uneven pathway the area was also not properly lit. The family of this victim has since sought legal counsel from an Attorney experienced in this type of accident/injury for compensation for the damages and medical bills. The family of this victim may be able to file a claim against the city for liability re the pavement where the incident occurred. The family should take pictures of the immediate area at day time to show the pavement area and at night which will show the improper lit area.

As an Attorney practicing in Fort Lauderdale and its environs of Sunrise, Plantation, Weston, Davie, Cooper City, Miramar, Pembroke Pines and Hollywood, we receive calls daily from victims of accident injury who are unsure whether they able to file claim and against whom. In this situation the family sought immediate legal counsel from an experienced would have gotten proper advice as to correct steps to follow.

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 see legal counsel, or visit us online.

May 18, 2012

Trucking Accidents - Procedures

Practicing law in South Florida for over 30 years my office has represented many victims of truck accidents, some with serious injuries and damages.
We have represented victims that have covered all their bases in providing us with all the information they possibly can to assist in building a strong case.

Please take the time to review some procedures that you as a victim should follow to ensure that you have the strongest case built on your behalf therefore ensuring that you or your family member get the compensation that you deserve:

Seek medical attention - Document all your injuries and keep proper records pictures of your injuries. Any medical care you may have received from the injury including any rehab or therapy you will need to provide to your personal injury attorney to support your personal injury claim.

Photographs of Scene and Vehicles - Photographs and videos of the physical evidence and all motor vehicles involved should be taken immediately in their after-impact position. Take photographs of the immediate area where the accident happened, specifically the roadways .

Witnesses – If there were witnesses, you should get their names and contact information, as they will be able to assist in providing additional information to your attorney.

Police reports - Request a copy of the police report and accident scene diagram to submit to your personal injury attorney.

Notification to Trucking Company – The Company that owns the tractor trailer should be notified in writing as soon after the accident as possible to keep and maintain certain records and documents which will be important in pursuing the truck accident injury claim.

If you or a loved one has been injured in an truck accident, contact an experienced personal injury attorney who will know your rights and get you proper compensation.

You can contact our offices for a free consultation at 954 346 0607 or 305 624 9186 or visit us online. We have offices located across Broward and Miami-Dade County, and my staff is ready to assist you with your claim.

May 14, 2012

Always seek Legal counsel

Some South Florida personal injury attorneys will tell you that in conversation with some of their clients who was a victim of a minor accident; sometimes don’t always seek legal counsel from an attorney as they don’t think they have enough grounds to file claim or suit.

At our office we have had victims and their family members after reaching out to us state that initially they were reluctant to contact as they thought they did not need out help or they thought they could not afford an attorney. What these victims don’t realize is that in most accident and personal injury claims, legal fees are paid on a contingency basis, meaning that the attorney collects a percentage of the total recovery and no legal fees are paid up front by the victim. Always seek legal counsel.

Hiring an attorney experienced in personal injury will assist you as the victim to recover compensation for medical bills assist you in recovering compensation to repair your vehicle and any other hardship costs that you as the victim may endure.

At the Law Office of Cohn and Smith we will work with you to ensure that get the compensation that you deserve. Please feel free to contact us at 954 431 8100 or 305 624 9186 or visit us online for your FREE consultation.

May 11, 2012

Car Pool hazards

There can be no amount of pleas that we see daily in the media about the dangers of texting and driving. I was actually privy to an accident that stemmed from the driver texting and not paying attention to the traffic.

I was picking up my daughter at her school where there are numerous signs “No TEXTING whilst in the Car Pool Lane”, the driver a teenager was apparently texting whilst in the lane, and not paying attention to the flow of the traffic, hit the car in front of her when they stopped to make the pick up. Luckily for her there was no damage to the car or the child that was about to enter the vehicle, but she was not that lucky to avoid a ticket from the cop that was on patrol at the school. She was given a stern warning from the cop and a ticket.

This incident could have been worse, the child may have been entering the car and with the impact from the car behind been hurt, another scenario could have been where the “texter” not paying attention not see a pedestrian crossing and come into contact with them causing them injury. These are just some of the cases we have seen at our firm. We always advise if you are a victim of this type of accident, you should contact an attorney experienced in personal injury to ensure that your rights are reserved.

Our offices are located all over South Florida and we offer free consultation. We can be reached at 954 346 0607 or 305 624 9186 or online. My staff will review your case to ensure that your rights are protected and you get the compensation that you deserve.

May 9, 2012

General Information Medical malpractice

What is Medical Malpractice?? Well, medical malpractice occurs when a medical practitioner or doctor acts in a negligent manner when treating a medical condition. It can occur from an action taken by the medical practitioner, or by the failure to take a medically appropriate action there fore causing injury.

How do you know if your doctor is liable? Your doctor may be legally liable if the patient has not given informed consent to a medical/surgical procedure that result in harm to the patient. A medical practitioner may also be legally liable if a patient does not give "informed consent" to a medical procedure that result in harm to the patient. Let’s say your doctor fails to inform you that the surgical procedure or operation that you will be undertaking has a 50% chance of causing paralysis. You as the patient were not given the necessary information to make an informed choice to either choose or refuse the procedure/operation. So, if you decide to have the operation and is paralyzed as a result you may have grounds to file a medical malpractice claim as your doctor may be liable even if the operation was a success, as you may have refused the surgery if you were informed of the risks.

What about if you are not harmed by your doctor’s error? You may not be able to recover for damages as a result of the error. Let me explain a little bit more: if your doctor misdiagnoses a pain in the tummy as an appendicitis, surgery is scheduled but the surgery discloses that pain is the result of a perforated ulcer; you the patient would have required the surgery to repair the ulcer, therefore you will probably be unable to file suit, as the surgery was necessary even with the correct diagnosis. However, if you were only suffering from indigestion, any unnecessary surgical procedure most likely will support a malpractice action.

As a Fort Lauderdale Attorney we always advise you to seek legal counsel from an attorney who specializes in medical malpractice law, and who has the resources necessary to develop your case, hire appropriate experts and, if necessary, to take your case to trial.

At the Law Office of Cohn and Smith we will evaluate your case, review all the information that you have provided and will advise you accordingly. We can be reached at any of our offices located in Fort Lauderdale, Coral Springs or Pompano, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

May 7, 2012

Personal Injury Dangers

Whilst doing my research for news that would interest the readers of my blog I stumbled up on this article that was posted in the Miami Herald back in April 2012, see story below.

Miami Herald, Miami, FL 04/27/12 -- A Kentucky woman is suing a dentist, accusing him of dropping a small screwdriver down her throat that migrated to her digestive tract and later required surgery to remove.

The lawsuit was filed Thursday in Fayette Circuit Court in Lexington by 71-year-old Lena David of Nicholasville. David claims Dr. W.B. Galbreath told her to try to regurgitate the screwdriver and then sent her for X-rays when that did not work.

Galbreath did not return a message left at his office Friday by The Associated Press.
The lawsuit says that the X-rays showed the screwdriver in David's stomach, and that the dentist discharged her with instructions to "eat a diet high in fiber."

In June 2011, about a month after swallowing the screwdriver, David checked into a hospital with abdominal pain and had to have the screwdriver removed.

I did not post this article to get you scared or even more nervous about your upcoming dentist visit, but it’s just a reminder that you can be the victim of personal injury at any time and place.

You should always seek legal advice from an Attorney experienced in personal injury to ensure your rights are reserved. At the Law Office of Cohn & Smith, who will evaluate your claim for free and fight to get you the compensation you deserve.

We can be reached at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

May 4, 2012

Definition of Premises Liability

I’m just going to go over the definition of Premises Liability as some of you may not be familiar with the term and may not know whether you have valid reason to file a claim or not.

Basically, “Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises”, that was pretty basic no need for additional explanation there. We have found though that in some states some premises liability cases such as “slip and fall” sometimes favor the owner of the premises, therefore as a Fort Lauderdale Attorney representing victims of this type of injury I always advise to see legal counsel to ensure you know your rights.

Some premises owners are responsible for the immediate property keeping it clean and clear of debris, also, they are responsible for keeping the sidewalks in front of their premises clear. They must maintain their premises so as not to pose a danger to members of the public who are passing by on street or sidewalk immediately infront of their premises, to avoid injury.

Here are some examples of premises liability cases:

- Slip and Fall – slip and fall injuries can happen anywhere and is mostly due to improper notification of an immediate wet area hence “slip and fall”;

- Injury on property – can be due to the owner of the property not maintain their property and you hurting yourself, your injury can stem from tripping on a ‘twig’ or ‘branch’ whilst walking on the property grounds; I have had a case where someone was entering a property and one of the steps they were climbing to enter the premises gave way and they were injured.

Those are just a few examples but they are most common, like I always say always consult an attorney specialized in this type of law. At the Law Office of Cohn and Smith we will evaluate your case, review all the information that you have provided and will advise you as to whether you can file a claim for damages.

We can be reached at any of our offices located in Fort Lauderdale, Coral Springs or Pompano, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

May 2, 2012

For the Boaters

Summer is almost here, well that’s according to the calendar, but the meteorologists will say different. Boating is a part of life for many people in South Florida. Unfortunately, with so many people taking their boats out, boat accidents are bound to happen.

As an attorney in South Florida we have represented numerous boat accidents and you would be amazed that these accidents can occur for many of the same reasons auto accidents do.

Here are some examples of reasons for boating accidents: BUI –boating under the influence; careless or reckless driving; aggressive driving; driver inexperience and negligence.

Here are some examples of the consequences of boating accidents: sinking; loss of life from drowning; fire and explosion; flooding and capsizing.

Unlike cars, boats do not require any sort of licensure prior to being operated. Unfortunately, this means that some inexperienced and irresponsible individuals are allowed to operate boats. These people often cause boating accidents. Admiralty and Maritime rules and laws govern boat accidents. These laws can be confusing, and may make it difficult to establish the cause and determine who is at fault for the accident; therefore contacting an experienced attorney in these types of accidents is extremely urgent to ensure that your rights are reserved.

If you or a family member has been involved in a boat accident anywhere in South Florida, please contact one of our experienced boat accident attorneys from the Law Office of Cohn & Smith, who will evaluate your claim for free and fight to get you the compensation you deserve. We can be reached at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

April 27, 2012

Hit and Run crash in Davie

There is never anything good about a hit and run crash where the end result was a death, an early morning crash in Davie lead to the death of an unidentified woman. See story below.

Sun Sentinel – Davie, FL -- A woman was killed in an early morning hit and run crash in Davie Thursday, the Florida Highway Patrol said.

Authorities are looking for a small, dark-colored SUV with heavy front-end damage that was involved in the crash and fled, Florida Highway Patrol Sgt. Mark Wysocky said.

The accident happened in the westbound lanes of Interstate 595 just west of Nob Hill Road shortly after 4 a.m.

The unidentified woman was ejected from her car and pronounced dead on scene, Wysocky said.

Three cars, including the SUV that left the scene, were involved, but FHP is still piecing together the sequence of events, he said.

Because of the crash and investigation, a westbound portion of I-595 was closed to motorists for about three hours Thursday morning.

As you can see up until the story was printed they were still doing investigations. To the family of this victim our sincere condolences go out to you and yours. Picking up the pieces after something as tragic as this is always hard for any family but it is necessary to ensure that your family receives the compensation that you rightly deserve.

In any wrongful death case the court may rule that the defendant be required to pay medical bills; funeral costs and the estimated future earnings of the deceased. In some cases I have seen the court also rule that they may also be liable for loss of services for things like household chores that would normally be performed by the deceased as well as loss of advice and companionship.

If you lost your loved one due to a wrongful death, you may be eligible to receive compensation under the law. Call us at 954-431-8100 or 305-624-9186 or contact us online for a FREE consultation. You can also visit us at any of our offices located in Broward and Miami-Dade.

Continue reading "Hit and Run crash in Davie" »

April 25, 2012

Roof Collapses in Coral Springs

Coral Springs, FL (Sun Sentinel) - Roof collapses at AmTrust bank in Coral Springs earlier today.

There were no reports of injuries Monday afternoon when a large portion of an overhang collapsed at the drive-through area of a Coral Springs bank.

The incident happened about 12:30 p.m. at the Amtrust Bank branch at 3001 N. University Dr., said Capt. Mike Moser, spokesman for the Coral Springs Fire Department.

The falling overhang damaged the hood of a car in one of the adjacent drive-through lanes, Moser said.

It's unknown if the weekend's heavy rain had anything to do with the collapse. Moser said the city's building department would be inspecting the collapsed overhang.

No other area of the bank appeared to be affected by the collapse.

The outcome of this report could have been worse, with injuries to a bank customer using the drive thru at the time of the collapse.

In situations like this should you ever find yourself in one, you may be able to file premises liability against the bank or property owner but to ensure you have enough evidence to back your claim should you decide to file one for damages to yourself and your vehicle you should always keep the following to present to your legal counsel who should be an experienced attorney in premises liability:

1. Retain all records of Medical bills should you have been injured from the accident;

2. Get the police report for the incident;

3. Take photographs of the accident area and the immediate area;

4. Photographs of the damages to your vehicle and your person should you have any.

Once you have all of the above you should present to your Attorney who will review and ensure you receive the proper compensation that you deserve for your damages etc. Should you or a loved one become a victim of this type of accident, you should seek counsel from an experienced attorney in personal injury.

Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Roof Collapses in Coral Springs " »

April 23, 2012

More information on animal attacks

So to follow up on my previous blog just some more information on dog bites. As an attorney practicing in South Florida for over 33years, we have handled cases involving attacks from all breeds of dog including the most vicious and harmful such as Pit Bulls, Rottweiler's, German Shepherds and Doberman Pinchers. We have also worked on cases where the bites were inflicted by the "more friendly" breeds of dogs like Labradors, Golden Retrievers and Terriers even some of the "tea cups".

All dog owners have a responsibility to keep their dogs properly tied or locked up and to keep their family, guests and general public safe from harm. As I mentioned in my previous blog Florida law applies a “strict liability” standard regarding dog bites. This means that an owner of a dog is responsible for the damages caused by their dog, regardless of any actual negligence unless the owner of the dog displayed a “bad dog” sign on their property or the dog was provoked into biting.

At the Law Office of Cohn & Smith our experienced Attorney's evaluates each case independently to determine whether the animal was properly tied or on a leash and/or within the confines of the owner’s yard and whether the animal was provoked into attacking.
If you have been a victim of a dog bite or animal attack you should contact an attorney experienced in these types of cases or injury, immediately, after seeking medical attention should it be required.

Our knowledgeable staff will be with you through the entire investigation of the incident including taking witness statements, making a thorough evaluation of the property where the attack took place and interacting with the local police department and animal control unit.

We have offices located all over South Florida – from Miramar to Coral Springs or Fort Lauderdale to Aventura, we encourage you to contact us our office at 954 431 8100 or 305 624 9186 for your FREE consultation, or visit us online.

April 20, 2012

Florida Dog Bite Laws

So to continue from my previous blog I will now touch on Dog bites and just some information with reference to the Dog Bite Law in Florida. There are two types of laws one is Strict Liability and the other is Negligence, I will summarize the two below for you.

Strict Liability is considered the first type of law that covers bites in Florida; there are other states such as California, Ohio, and New Jersey that have strict liability laws for dog bite injuries. To summarize, this law states that the owner of the dog is liable for any injuries he/she causes.

This law is somewhat different from the “one bite” law which does not fault the owner of the dog unless the dog has already bitten or injured someone previously. So, basically if you are attacked or bitten by a dog, and the dog had previous injury, the owner of the dog will automatically be held responsible for your injuries, therefore you should have no problems being compensated for your medical bills.

There are exceptions to this rule: if you were trespassing on private property when you were attacked, then the dog owner may not be liable; or if you were provoking the dog in any way, you may not necessarily be compensated for your injuries.

You can also file suit on the grounds of Negligence and dog bite injuries sometimes fall under this area, or to be more specific it can be considered personal liability. To file this type of claim you and your attorney will have to prove that the owner of the dog violated some duty of care, which resulted in your injuries. Duty of care is the responsibility of the owner to ensure that the dog is not on the loose. This could mean that if the dog is not properly penned and the dog gets out and attacks/ bites you, you may have valid grounds to file claim against the owner of the dog.

Should you or a loved one become a victim on this type of personal injury or a dog bite, after seeking medical attention you should seek counsel from an experienced attorney in this type of injury, to ensure you know your rights. We have offices located in Fort Lauderdale, Pembroke Pines, Weston, Aventura, Coral Springs and other locations. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

April 18, 2012

What if you were attacked

Living in South Florida along with the beautiful coastlines on our east and west coasts we have an abundance of lakes, canals and the Everglades, need I say anymore. In the previous blogs I have written they have been mainly about dog bites etc… never anything like this. I found this article in the Sun Sentinel and had to blog about it. Read below…

What if you are attacked by an Alligator??

Fort Lauderdale, FL Sun Sentinel- BEWARE - Alligator Safety Tips

Stay out of the Way!

Never allow small children or pets near water by themselves. Do not allow pets to swim, exercise or drink from lakes or canals that may contain alligators. Dogs are highly susceptible to attack since they resemble the natural prey of alligators.

Do not swim outside of posted swimming areas or in waters that might be inhabited by alligators.

Alligators are most active between dusk and dawn. Leave alligators alone. State law prohibits killing, harassing or possession of alligators.

Never feed alligators. When fed, alligators overcome their natural wariness and learn to associate people with food.

At boat ramps and fish camps, dispose of fish in garbage cans. Do not throw them in the water.

Never remove an alligator from its natural habitat or accept one as a pet. They do not become tame in captivity and handling even small ones can result in injury.

If an alligator attacks:

Run away in a straight line. It will outrun a human for 30 feet.

If it grabs you, hit it repeatedly on its nose and scream. Don't try to pry open jaws.

Seek immediate medical attention if bitten by an alligator. Bites often result in serious infection.

I used this article as a "food for thought" to make you think about it. What do you really do should you find yourself in a situation like this, or receive this type of injury who would be responsible for my medical bills.

We all live, or within close proximity to a beach or neighborhoods that border lakes and canals. Alligators can be found at pet stores and considered as exotic pets, but as they grow and become too big to be kept as pets they are released into canals and the lakes becoming a danger and nuisance for the homeowners in the respective neighborhoods in Fort Lauderdale and its environs.

Should you or a loved one become a victim on this type of injury, after seeking medical attention you should seek counsel from an experienced attorney in personal injury, to ensure you know your rights. Contact us at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

April 16, 2012

Sun bather run over by Life Guard

Lovely weather for the beach we had this weekend, but back to the grind. Monday news report in the Sun Sentinel – Sun Bather run over by Lifeguard. How safe is it on the beach?? We all know the water has its dangers but you would think that you would be safe on the beach except for the occasional sunburn. See the article on the North Carolina native, Ms. Mizelle who was visiting our sunny State for some sunshine.

Fort Lauderdale, FL (Sun Sentinel) – Sun Bather run over by Life Guard.

Rinda Mizelle was sunbathing on the beach in Fort Lauderdale, shorts shielding her face from the sun, when instantly she felt the weight of a lifeguard truck rolling across her body, she says.

Mizelle, a 49-year-old Charlotte, N.C., schoolteacher, screamed in agony.

"All I can tell you is that suddenly I was a human speed bump," she said Friday. "There were tires moving over my body. I could have easily died."

She was injured by a Fort Lauderdale Ocean Rescue truck about 3 p.m. Tuesday near a lifeguard tower at 800 Seabreeze Blvd., according to a police report. She was freed from underneath the truck by lifeguards, the report said.

Pending an investigation, the Ocean Rescue employee involved in the crash has been placed on administrative leave. Her name wasn't released Friday.

Mizelle was taken to Broward General Medical Center, where she was treated and released, according to fire-rescue spokesman Matt Little. She suffered minor injuries, officials said.

During a phone interview Friday, Mizelle disagreed with the city's description of her condition. Mizelle, who has returned home to North Carolina, is still tending to burns and cuts, as well as orthopedic and neurological injuries, she said.

"The left side of my body got it the worst," she said. "My right arm had to be stitched. We change my bandages twice a day."

Read more

As Ms. Mizelle’s Attorney stated in his interview the State of Florida has given sunbathers the right of way over all traffic on the beach, he also went on to state that within the last year there have been more injuries similar to Ms. Mizelle.

Should you or a loved one become a victim of injury, after seeking medical attention you should seek counsel from an experienced attorney in personal injury. As a Fort Lauderdale attorney we have represented victims that have been injured due to negligence by city officials or workers and been successful. As we have seen some cities have deadlines as to when you can file a claim, any experienced attorney would know to do their research with the city that the incident took place to ensure that you do not miss the date. In this case the victim lives out of state so in a matter like this I would advise my client to keep all records of injury; medical bills etc, and the report from the first responders on the scene should be kept. These records should be submitted to your Attorney to ensure that you have a strong case should you decide to file claim for your injuries.

Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Sun bather run over by Life Guard" »

April 13, 2012

Friday the 13th

On this day I'm going to keep this short and straight to the point. Friday the 13th already has its myths and legends that go along with it so I will keep a positive note on this one.

Driving through one of the cities out west that currently has a lot of road work being done, I noticed that bicycle lanes were added to the roadways and that is always positive to see. In Florida we have lots of cyclists on the roads these days and with the economy as bad as it is everyone is trying to save and cut costs somewhere. In downtown Fort Lauderdale I have seen the use of golf carts as a form of transportation in and around Las Olas and its immediate environs.

I advise anyone using these forms of transportation to get around make your safety and that of your passenger your first priority always. Too many times we have seen at our office victims of injury from bicycle and motor cycle accidents were in some cases proper safety gear was not worn. We cannot stress that proper safety gear be worn at all times, always ensure when your are bicycling or riding your motorcycle that you have on your helmet and reflective clothing so you can be identified by other users of the roadway.

I said this one will be short and extremely straight to the point ALWAYS WEAR PROTECTIVE CLOTHING when either bicycling or riding your bike. As always should your or your loved one be involved in any form of accident always seek legal counsel to ensure your are compensated for your inury and damages.

At the offices of Cohn & Smith, PA, our staff is ready and able to assist you to ensure your know your rights, contacts us online or via telephone 954 431 8100 or 305 305 624 9186 for your FREE consultation.

April 11, 2012

A breakdown of steps to follow Part 2

Continuing where we left off previously, here is the remainder of the steps that you should follow should you or your loved one be involved in any type of accident.

1. Make notes about the accident, damages to all vehicles involved. Get all auto registration and/or insurance information from the other driver and get witness contact information.

2. Be polite, but don't tell the other drivers or the police that the accident was your fault, even if you think it was. Do not accuse the other drivers of being at fault at this time. Do not spontaneously discuss your personal condition, mental frame of mind, or anything unrelated to the accident. Limit your discussion of the accident to the police and your insurance agent. Even if the facts are embarrassing or detrimental to you, be truthful.

3. If you have a camera, and it is safe to do so, photograph the accident scene.

4. If possible, do not leave the accident scene before the police officers and other drivers do.

5. If you get a call from the other driver’s insurance company asking for your version of what happened at the accident scene, politely decline to make a statement until you have consulted with a lawyer.

6. Consider contacting an attorney experienced in handling automobile accident cases.

As always we advise to seek legal counsel to ensure you know your rights and you get proper compensation for your injuries and damages that you may have incurred. We have offices conveniently located in Broward, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

April 9, 2012

A breakdown of steps to follow Part 1

Living in South Florida certainly has its advantages the lovely weather and the beaches are the two main things not to mention the abundance of tourist attractions from night clubs to 5 star restaurants to parks for riding or if you are an avid health fanatic walking or jogging or, just spending time with good company and with perfect weather. So living in “So Flo” as it’s affectionately called can be considered GREAT but, then along with the good there is some bad.

Within recent times and on the news there have numerous accidents some ending in loss of life. At the Law Offices of Cohn & Smith we are specialized in all types’ accident-related cases, and with over 33years of experience we have put together a list of steps that I have separated into two blogs. Following these 11 steps we have listed below will assist your legal counsel in preparing a strong case on your behalf should you decide to file claim.

Below are some things we suggest you keep in mind if you or a family member is involved in an accident:

1. Stay as calm as possible. Check for injuries. If you really think your injuries warrant being taken by ambulance to the hospital, insist on it. Make sure to tell all of the doctors you see after the accident how your injuries occurred and that they resulted from your recent accident.

2. If the accident involves a significant collision and there are likely to be serious injuries, don’t move your vehicle unless its position puts you in danger or you are instructed to move it by a police officer.

3. Call the police, even if the accident is minor.

4. Notify your insurance agent about the accident immediately.

5. Don't sign any document unless it is for the police or your insurance agent.

Our offices are conveniently located in Broward, Miami-Dade and West Palm Beach. We have successfully represented injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

April 6, 2012

Auto Injury Attorney do I need one??

In the news lately there have been lots of car accidents some have been the norm where one driver avoided another and got into an accident; there have been others involving school buses and basically just drivers not paying proper attention to the road, causing harm to other innocent drivers. I decided to review some commentary to ensure you have as much information as possible when choosing an attorney experienced in auto injury.

Having an attorney that is experienced car accident injury on your side will ensure that you get the settlement you deserve for your suffering and they will also ensure that the person responsible for your damages is held accountable for their irresponsible actions. A good vehicular accident attorney's understands that you deserve proper compensation and will make sure that your case is handled in a professionally so that you can be confident you will be heard and understood by the judge. They will be able to act quickly to ensure that you do not suffer while you wait for the case to reach its conclusion.

Medical costs can mount up quickly and a personal injury lawyer is well aware of this, and will make sure that your case is treated with the confidentially, with respect and in a timely manner. Once you secure the services of an experience auto injury attorney they will have a full plan for your case and review it with you so that you are confident about everything that will take place.

It is absolutely crucial that you move forward in filing your claim as soon as possible, as it is never wise to wait around. Your attorney needs to be on the case as soon as possible, as case preparation can be timely and you want to give him/her enough time to prepare and build a strong case on your behalf.

Attorney Alan Cohn has been representing car accident victims both in and out of the courtroom for years. His experience will help you recover for your injuries and get you back on your feet. Cohn & Smith PA have offices conveniently located in Broward, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

April 4, 2012

Man in Fort Lauderdale receives serious burn injuries

Well the weekend has passed and we are almost through the week, it's "Wednesday HUMP Day". I found this article about a gentleman in his 80’s who received burns whilst repairing a battery on a docked boat, last month in Fort Lauderdale. The article states that the Fire Marshall will be investigating and that the owner of the property could not be reached for comment.

Fort Lauderdale, FL (Sun Sentinel) — A man in his 80s suffered severe burns Wednesday afternoon while repairing a docked boat, a fire official said.

The man was repairing an 18- to 20-foot vessel docked in the 500 block of Coconut Isle Drive, and an explosion involving a battery occurred about 2:45 p.m., according to Matt Little, spokesman for Fort Lauderdale Fire Rescue.

The cause of the explosion will be investigated by a Fire Marshal, Little said.

The man, who remained conscious after the explosion, was taken to Broward General Medical Center, Little said.

Little said he had no additional information about the incident. The man's latest condition was unavailable. Friends or relatives of the property owner couldn't be reached for comment despite a message left at a listed number.

There are lots of events in this article that any Experienced Attorney will see that the injured gentleman has grounds to file claim. First I would advise him to seek legal counsel from an experienced Personal Injury attorney who is also experienced in premises liability; workplace and boating accidents. He should then get all his medical reports and the accident from the First responders to present to his legal counsel along with his rehabilitation records. Once he has all this in place his attorney of choice would be able to advise him as to what his legal options are and how to proceed to ensure he gets the compensation that he rightfully deserves.

Should you or your loved one find yourself in a similar situation you should immediately contact my office as I am experienced attorney in personal injury and premises liability to ensure you know your legal rights and get the compensation you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186. We have offices located throughout Broward: Fort Lauderdale, Coral Springs, Pompano Beach, Hollywood, Pembroke Pines, Weston; and Miami-Dade: Aventura.

Continue reading "Man in Fort Lauderdale receives serious burn injuries" »

April 2, 2012

Do I really need a Motor cycle Accident Attorney? ... YES

As I am writing and posting blogs, whilst doing my research I stumble onto a lot of informative articles that I plan on using. I found this article totally informative as it encompassed valid reasons as to why you should hire an Attorney experienced in motor cycle accidents.

Please note I totally forgot save the source so please forgive me.

If you have had the misfortune of having been involved in a motorcycle accident then one thing you should do at the earliest opportunity is to contact a specialist attorney who can advise you on where you stand from a legal angle. It is important to get the right kind of advice in regards to this because they are the people who fully understand the ins and outs of how to successfully be awarded damages for injuries received.

It is always best to use a specialist when it comes to this kind of thing because they have spent the time really getting to know the various laws associated with this kind of incident so it does give you a better chance of winning your case. It would be virtually impossible for you to try and represent yourself with this so it is best to not even try it as it will just end up being a disaster.

If you do try to claim compensation or damages then it may be the case that the party you are claiming against shall try to offer you a small sum of money in the hope that you are satisfied with this initial offer. A good motorcycle accident lawyer shall be able to instantly know whether or not it is acceptable or them trying to escape by paying as little as possible whereas you would have no idea about what was fair or not.

The amount of damages you may qualify for does depend on several factors and it is only due to their experience that they understand how your injuries shall relate to a certain level of compensation. Of course they do also know just exactly how to argue your case in order to maximize the result you can possibly get.

A general lawyer is more likely to make a mess of things or they would be required to bring in a specialist to help them anyway which would of course end up costing you more. You can see how the best method is to therefore cut out this legal middleman and go straight to the specialist and also try to get them on a no win no fee basis.

When you are involved in this kind of incident it really is best to find the person who is going to represent you at the earliest possible opportunity. This is because the events are still very clear in your memory and in order to give you the best advice they need the facts to be as accurate as possible and not clouded by your mind.

There are a number of attorneys who can help you with this kind of case so at least there are options available to you when it comes to choosing someone. One thing that is very important however is to only use someone you feel completely at ease with because this does help in trusting their advice.

You can therefore see that if you have been involved in a motorcycle accident it is advisable to get the right legal advice from someone who fully understands these types of cases. Just make sure that you really do take your time in deciding who is going to represent you as it is best to try and use someone with experience in order to get the best possible end result.

We offer FREE consultations and my staff is always ready to answer any question you may have. Therefore, should you or your loved one find yourself in a similar situation you should immediately contact my office as I am experienced attorney in motor cycle accident injury to ensure you know your legal rights and get the compensation you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186. We have offices located throughout Broward: Fort Lauderdale, Coral Springs, Pompano Beach, Hollywood, Pembroke Pines, Weston; and Miami-Dade: Aventura.

March 30, 2012

More Bicycle Safety

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.

March 28, 2012

Bicyclist hit in Davie

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.

Police did not ticket Lynn, 49, even though he was at fault in the accident, failing to yield right of way, the police report shows.

Frank Conner, 15, was riding his bike to school about 9:25 a.m. Wednesday when he was hit. Lynn was turning right onto Nob Hill Road when he collided with Conner, who was in the crosswalk heading south. Conner, who attends Indian Ridge Middle School, was not hurt.

Lynn declined to comment, but issued a statement through police spokesman Capt. Dale Engle.
"He is just grateful that no one was hurt," Engle said.

Following standard protocol, Lynn's accident will be reviewed by the police department's accident review board, Town Administrator Rick Lemack said.

Normally the chief would determine disciplinary action in an officer-involved crash based on the board's findings. In this case, Lemack will decide whether the chief should undergo training or face stiffer discipline.

"It doesn't matter whether he is a chief or Joe Officer on the street," Engle said. "We deal with everyone the same way. He faces administrative sanctions. He could lose his car or he could receive driving training."

Engle said a citizen who hit a bicyclist may not have gotten a ticket either.
"The officer can use his discretion and not write a ticket," Engle said. "The officer didn't witness the crash. It's not clear cut that John Q. Citizen would get a ticket in something like this."

Sandra Levine, the crash victim's sister and legal guardian, isn't so sure.

"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" »

March 26, 2012

Construction job injury

(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.

It happened around 1:39 p.m., at 1980 Northwest 9th Avenue at Faith Farms, officials said.

Paramedics met with construction crew members who explained that one of their men fell to the bottom of an elevator shaft about six feet below ground. The construction worker had fallen from the second level onto steel bars in the pit, according to Fire Rescue spokesman Matt Little.

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" »

March 23, 2012

When do you draw the line?

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.

Joseph Cascioli, 51, whose address was described as "at large" in Pompano Beach in a Broward Sheriff deputy's report, was arrested Monday outside the Briny Pub, 3440 E. Atlantic Blvd.

Cascioli was charged with having a third DUI offense within 10 years; driving on a permanently revoked driver's license; corruption by threat to a judge, resisting an officer without violence and DUI breath alcohol content greater than .15 after the 10:45 p.m. incident.
Cascioli kicked out a window frame of a patrol car door, an estimated $300 expense that also led to a criminal mischief charge, the deputy's report states.

In first appearance court Tuesday, Broward Judge John "Jay" Hurley ordered a $128,100 bond for Cascioli, who was still in jail as of 6 p.m. "The court believes you represent an extreme danger to the people of Broward County," Hurley said.

In 2003, Cascioli began a 20-month sentence in state prison for a third felony DUI conviction, followed by probation. Assistant State Attorney Melissa Steinberg prosecuted Cascioli in that case, which she said was won without his performing a breath test. Repeat offenders know that not having breath test results makes it more difficult for prosecutors to prove cases, she said. But, she said, the state legislature has steadily increased penalties and passed the "refusal statute."

"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.

March 21, 2012

Over Age Drivers in South Florida

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.

In the Delray Beach accident, Anita Lobel, who lived in the nearby Polo Club of Boca Raton, was walking out of the store, 16205 S. Military Trail, Sunday afternoon after returning an item, when a Mercury sedan backed up over her, her son and authorities said. The driver was 89-year-old Mary Goldberg of Delray Beach, according to Delray Beach police.

Evan Lobel, of Westchester, N.Y., said police called him around 4 p.m. about his mother's accident.

Florida consistently has high rates of senior crash deaths, mainly because it has a lot of seniors. State statistics show that 442 crash fatalities of all ages involved drivers age 65 and older in 2010, or about 15 percent of all fatal crashes.

Anne McCartt, Senior Vice President for research at the Insurance Institute for Highway Safety, said one recent study suggested that requiring older seniors to renew licenses in person might cut accident rates. "But with a lot of other things, including eye tests, there is mixed evidence as to whether these measures reduce crashes," McCartt said.

In 2010, the most recent year for which statistics are available, drivers 80 and older in Florida had crash rates lower than drivers aged 15 to 34.

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.

March 19, 2012

Wrongful Death of Teenager - Part 2

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

776.013Home 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.

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(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" »

March 16, 2012

Wrongful Death of Teenager - Part 1

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" »

March 14, 2012

MARCH 2012 - Bicycle Month

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.

March 12, 2012

Unnecessary Action - 17-yr-old shot and killed

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.

Tracy Martin and Sabrina Fulton want answers for their son's death as they held a vigil at the Antioch Missionary Baptist Church in Miami Gardens, Sunday.

On Feb. 26, 17-year-old Trayvon Martin was shot and killed by a neighborhood crime watch captain in Sanford, Florida, while on a trip to visit his father.

According to the report, Trayvon walked from the gated townhouse community where they were staying that night to get snacks at a nearby convenience store for his step-brother.
Twenty-eight-year-old George Zimmerman, the watch captain, called police and reported someone suspicious. Dispatchers told Zimmerman not to confront the person and wait for police, but, police said, Zimmerman ignored the order and shot Trayvon once in the chest. The teen had $22, an iced-tea and Skittles on his possession, no weapon.

Zimmerman has a concealed weapons permit, but neighbors wonder why he was armed on his rounds. "Neighborhood watch is neighborhood watch, not neighborhood shoot," said a neighbor.

Trayvon's family now wants justice for his death. "He will be sadly missed, and I made a promise that I won't stop," said Tracy Martin.

"I'm a normal mother, and I just want justice for my son," said Sabrina Martin. "I think it's just profiling. I think it has something to do with the fact that he was a young, black, African-American kid."

Zimmerman has been in trouble with the law before. In 2005, he was arrested for resisting police, but those charges were dropped.

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" »

March 9, 2012

Bicyclist hit by car in North Lauderdale

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 " »

March 7, 2012

SAFETY - Pool guidelines

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.

March 5, 2012

Oakland Park drowning

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.

Residents were gathered around pool and young kids were swimming at the event. At some point, the boy began drowning. "From my window I saw the family trying to give CPR to the little boy," said neighbor Rick Izquierdo. "When I saw that right away I took my wife's cell phone and I start calling 911."

According to police, the boy's father jumped into the water and took the boy out. He then began CPR on his son before paramedics arrived. "[Father] jumped in right away, started doing CPR, trying to save his son," said Keyla Concepcion of the Broward Sheriff's Office.
Oakland Park Fire Rescue transported the boy to Holy Cross Hospital, where he was later pronounced dead.

Residents who live in the complex are stunned at the drowning.

"It's really sad," said Shentell Nelson.

Nelson has a 3-year-old son and advises adults to pay attention to surroundings. "It is shocking, especially if there's kids around, you should always be alert and try to focus on what's going on."

Nelson said swimming lessons are a must for children. "I thinks that's one step that you really need to train your child to do at a young age," she said.

According to residents at the party, there were a lot of people around when it happened and a lot of screaming, trying to get control of the situation. "I didn't see what happened, I don't know what happened because earlier before that everything was OK," said a resident. "Every kid was jumping in the pool, back and forth, jump in, go eat, come back, so I don't know how this happened to him, because we pay attention to him and tell him stop jumping."

Authorities have not released the name of the victim.

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 " »

February 29, 2012

Victim of road rage shot and killed

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.

Two vehicles were heading south about noon on Northwest 47th Avenue, approaching 156th Street, which curves east at Opa-locka Airport.

The first vehicle, a black Toyota, struck the guardrail, and a vehicle following behind, a silver Honda, then rear-ended the Toyota, police said.

Miami Gardens Police Sgt. Bill Bamford said the drivers exited their vehicles and "words were exchanged" followed by gunshots. One driver, 29, died on the road with two gunshot wounds.

The driver of the Honda took off, but was caught by police about a quarter of a mile from the crash. He has not been charged.

"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" »

February 27, 2012

Child and others injured at Restaurant

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.

Two men overturned tables during the brawl, one of which landed on a child.

Rescue crews transported five people to the hospital with minor injuries.

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.

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February 24, 2012

Tractor trailer collides with car

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.

According to police and a witness, the truck was driving in the far right lane and the Accord in the center lane when the truck driver began moving toward the inner lanes. A witness told police two other cars and the Accord may have been racing. Police said the skid marks stretching to more than 150 feet are a good indication that the driver of the Accord was speeding well above the speed limit. Miami-Dade Police Detective Alvaro Zabaleta said, "When you first make that initial eye contact in the rear view mirror that car is over a football field in length, and then when you finish your action that you are gonna do you have the impact occurring instantly."

Crystal Hernandez was riding in another car and said she and her friends were heading home from a nightclub when the accident happened. "I basically saw an 18-wheeler make a sharp left turn and my friends hit and then they started spinning," said Hernandez. "They were actually right next to us but he just turned so quickly," she said. "We were lucky, we just hit the gas and we made it into a shopping center and everything, but they weren't so lucky."
Rescue crews had to extricate one passenger with the Jaws of Life. They transported four of the five passengers to a local trauma center and the fifth to Kendall Regional Hospital.
"I didn't see pretty things," said Hernandez. "I mean, I don't want to get into detail but it was pretty bad. I will not forget this."

Police said none of the passengers were wearing their seat belt. The driver and the passenger sitting in the center back seat are both in critical condition, officials said.
Manny Saavedra, said his cousin, Ana Posada, is recovering after the accident. "She has a broken bone to her face and she will need plastic surgery, he said. "Everyone else is doing OK so far. There's a guy with a broken hip, a guy with a broken head. There's a girl in critical condition and right now they're operating on her."

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" »

February 20, 2012

NEWS - Cyclist is remembered

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.

According to police, Cohen and his friend, Enda Walsh, were biking across the Rickenbacker Causeway to Key Biscayne early Wednesday morning, when a vehicle hit them.

Police said the driver then fled the scene; Walsh suffered a broken ankle, and Cohen has a serious head injury.

The 36-year-old father of two was sent to the hospital in critical condition. However, Cohen succumbed to his injuries on Thursday afternoon.

His family was devastated. "We were a family all the time. His cousins, his aunts, his uncles, everybody loved him. Everybody loves him. He is just special," said Cohen's father, Stephen. "Aaron Cohen is probably the nicest person who has ever lived. He had no enemies, he never had a bad word to say about anybody, he was a fierce competitor, he was bright ... He was the kind of son every father dreams about."

Earlier Thursday, the hit-and-run driver, 26-year-old Michele Traverso, turned himself into police. He appeared in court, where he was charged with leaving the scene of an accident with serious bodily injury and driving with a suspended license.

Traverso has had a history with drugs: he was almost done completing a drug program that stemmed from a cocaine charge, and the charge against him would have been dropped had he finished the program.

However, Traverso's new charges are a direct violation of the probationary program, and as a result, he will be held without bond for at least 24 hours. Also, Traverso's charges will likely be upgraded because of Cohen's death.

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 " »

February 13, 2012

Rules for Bicyclist

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.

February 10, 2012

Store front crash

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 store owner of USA Grocers is cleaning up and boarding up his shop at 8071 SW 7th Place after a car smashed into it, late Wednesday afternoon. The owner estimates the crash left him with several thousands of dollars worth of damage.

According to the car's owner, his sibling was at the wheel and mixed up the brake with the gas pedal while parking. "Suddenly, we just heard the noise," said the store's owner, Sobal Rana, "because I think she hit the electrical pole here and boom, just a big blast, and then suddenly she just went all the way through inside."

A few customers were inside the store, but no one was seriously injured. "I see it coming," said Eve Lexus, a customer. "That's why I got away because I was going to get killed."

A tow truck removed the car from the scene. North Lauderdale building inspectors came by and deemed the building unsafe. The store will have to be closed until structural repairs are finished. The owner is not sure when he will be able to open again, however.

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.

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February 6, 2012

Triathlete Injured in Key Biscayne Car Accident During Bicycling Phase of Race

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" »

February 1, 2012

Cruising Liability - Where are MY rights!!!

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 decision was reached during a meeting between Costa Cruises and consumer groups, the association said.

The massive liner struck rocks and rolled over onto its side in shallow waters off an island on Italy's Tuscan coast on January 13, leading to a panicked overnight evacuation and a number of deaths.

A 16th body was found by divers searching the ship Tuesday. Sixteen others are missing from the roughly 4,200 people aboard the cruise liner - 3,200 passengers and 1,000 crew members - at the time of the collision.

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!!!" »

January 27, 2012

Dump Truck accident at Miami Heat game

This one is one for the records, on the WSVN 7 morning news last Wednesday there was a report of a concrete dump truck colliding into several parked police vehicles and a palm tree just outside the American Airlines Arena where there was a Heat Game about to start.

No one was injured after the driver of a dump truck lost control of his vehicle and crashed into several police vehicles, then hit a palm tree. The crash happened just a few feet away from the American Airlines Arena, just as hundreds of Miami Heat fans were walking into the arena for Tuesday night's game.

According to police, the dump truck was carrying wet concrete and was coming down the bridge from the Port Miami when the vehicle's brakes failed. The driver then opted to run into police cars and a palm tree to avoid hurting any pedestrians who were walking over to the Heat game. "It could have been a very disastrous situation," said Miami Dade Police Sgt. Freddie Cruz. "Like I said, the game was actually letting in at the moment. We had hundreds of pedestrians going in. The driver is considered a hero."

The driver was brought to tears from the nearly catastrophic crash. "Thank the Lord there was no injuries to report, no occupants in any of the vehicles, and the driver of the dump truck is safe," said Cruz. No one was injured.

The Department of Transportation is investigating the accident and are looking into whether the truck was overloaded.

Luckily for this driver of the truck there were no injuries except for the damages to the parked vehicles but had the driver not been able to control the truck the outcome of this situation would have been worst. As stated in the report above Heat fans were on their way to the game.

As an attorney practicing Personal Injury in Miami- Dade and Broward should you ever find yourself a victim of an automobile injury, you should always seek legal counsel to ensure you are compensated for your injury and damages. Feel free to contact us for your FREE consultation or visit us online.

Continue reading "Dump Truck accident at Miami Heat game" »

January 25, 2012

Bus collision in the news

As usual catching up with the morning news saw this report on the WSVN 7 channel, that I had to write about. This accident occurred in Miami yesterday, a FedEx delivery truck collided with a Miami-Dade Transit bus.

Multiple people suffered injuries after a Miami-Dade Transit bus and FedEx truck collided, Tuesday.

Rescue crews responded to a mass casualty incident, just before 12:30 p.m. Tuesday, in the area of Northwest 17th Street and Seventh Avenue.

According to City of Miami Fire Rescue Lt. Ignatius Carroll, it appeared that the FedEx delivery truck ran a red light and struck the bus. "I was sitting in the back, and I just heard the screech and the slam; people were flying everywhere," said Daniel Perez, a passenger on the bus. "Some people were lying around me, just make sure they were OK, sit back and there was somebody lying on the floor and said that they wanted to stay there, again just making sure that everyone was OK."

Fire rescue officials had to check out a total of 25 people on the scene of the accident. Officials said 18 people, including the bus driver, suffered minor injuries and were taken to area hospitals. "On our initial response we had maybe five to maybe 10 people who were complaining of some injuries so that made it a Level 1 mass casualty incident," said Carroll. "But as we started assessing patients inside the bus, we found that more people were complaining about injuries and that turned into a Level 2."

At the time of the accident, there were 30 people on board the bus, including a 16-year-old wheelchair-bound passenger who required medical treatment. "The one concern that we did have initially was a 16-year-old little girl who was on the bus, who was wheelchair-bound, not sure what kind of injuries she sustained, but she was transported to an area hospital," said Carroll.

The injured were transported to Jackson Memorial Hospital, University of Miami's Doctors Hospital, South Miami Hospital and Mount Sinai Medical Center.

As the article above stated all the injured were transported to the local hospitals for additional care and observation, also there was a passenger on the bus that was already in a wheel chair and I also saw a man on a stretcher with crutches which can only mean he was already injured before this accident. As an experienced Attorney in automobile accidents I would advise these passengers to seek legal counsel, provide them with all the information relevant to their injuries and as much information on the accident. Passengers on the bus should get a copy of the accident report from the police, and lastly and most important copies of all medical bills and pictures of injuries that they sustained should be submitted to their legal counsel.

Should you or a loved one find yourself a victim of this type of automobile accident injury please contact and experienced automobile accident injury attorney 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.

Continue reading "Bus collision in the news" »

January 23, 2012

Do you have any Rights as a Cruiser

Monday morning there it was on the news... NY Attorney to represent victims of the Costa Concordia Cruise ship accident. It was inevitable I was just waiting to see who would be the representing attorney and hear his views. Listening to him I decided to also do some research as he made valid comments in his interview, and I also found this article out of Milan..... I'm posting part of the article and will add the link for you to read more......

MILAN - Passengers of the doomed Costa Concordia launched a legal battle for compensation Tuesday, but experts expect the cruise operator to offer a settlement to stave off a court case.

In Italy, consumer rights' association Codacons said 70 passengers have joined a class action suit against the shipowner Costa Crociere.

"Over 70 passengers who were on board the ship have joined the class action suit initiated by our association," Codacons head Carlo Rienzi said in a statement.

"Our objective is to get each passenger at least 10,000 euros compensation for material damage and also for ... the fear suffered, the holidays ruined and the serious risks endured," he said.

The legal action will have to be judged admissible by a magistrate in a procedure that could take "some months," according to the co-head of the consumer rights association, Marco Ramadori.

Ramadori said he was "fairly confident" that the action would be allowed.

The Costa Concordia was carrying more than 4,200 people when it ran aground on Friday shortly after starting a seven-day Mediterranean cruise, leaving at least 11 dead and about two dozen still missing.
Read more

So from all that I have read it looks like the surviving passengers of the Costa Concordia will have an uphill court battle against Costa Crociere who owns the "Costa Concordia". Some articles have stated that the victims will be barred from filing suit in the United States against Costa Crociere who owns the vessel, even though Carnival Corp who is Miami-based is the actual owner of Costa Crociere. Reason for this being the incident took place in Italian waters. They also go on to say there is a clause written into the Concordia's ticket that basically states all cruise ship lawsuits must be brought in the courts of Genoa, Italy. I am sure that is not the last of the case of the Costa Concordia that I will be writing about as this is pretty interesting and extremely knowledgeable. Also I read that even if the injured passengers pursue the lawsuit, compensation may be limited as apparently there is an International Agreement called the Athens Convention that caps the cruise ship operator liability to about $80,000 per person.

Contact us online or via 954 431 8100 or 305 624 9186 for your FREE consultation, should you find yourself a victim of a cruise ship accident to ensure you receive proper compensation.

Continue reading "Do you have any Rights as a Cruiser" »

January 20, 2012

Hit and Run - Student injured

In the local Weston newspapers I found an article about a student of a Weston Elementary school that received serious injuries from a hit and run accident. The article stated that the student apparently ran out of the school yard through a gate that was open an unattended before his morning line up.

The report stated that the student ran into the street and was hit by a car. The driver of the vehicle that hit the kid did not stop but witnesses were able to provide the police the tag # of the car that was involved. Paramedics and police were called out to the scene of the accident, he sustained injuries serious enough to be hospitalized. He suffered a broken leg and internal injuries he was hospitalized for a week.

His parents sought legal counsel from a Fort Lauderdale attorney who is experienced in this type of accident injury, but then again who would be the responsible party. They provided their attorney records of the injury and all medical bills that their son sustained along with pictures of his injury and the immediate area at the school where the gate is located. As I stated earlier there are schools and neighborhoods being built all over Broward County and drivers have to practice their due diligence when driving on the streets and highways, especially through school zones.

Whether you have personally been injured or harmed in a pedestrian accident or whether you are the relative of someone killed as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. A qualified and experienced lawyer in this field can work to get compensation for harm, injuries, distress, medical costs, loss of earnings, and any other damages or expenses that result from the pedestrian accident. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

January 18, 2012

Road debris injury

Another article that made the news was story on personal injury due to road debris; the news report stated that a couple travelling on the Florida interstate was seriously injured by a piece of debris.

“According to the report on the couple was travelling southbound on the Interstate 95 when the accident occurred. Ms. Jones who was driving at the time recalls that by the time she realized that they were going to be hit it was too late to swerve to avoid the flying debris and Raymond was struck in the face. She stated that she never thought it would have been such a huge piece of metal. Raymond was struck in the face damaging his throat and mouth causing him to bleed and drift in and out of consciousness. Mr. Sewell was treated at the hospital and later released; he received stitches to the mouth and will also require dental work as the impact of the metal object caused several of his front teeth to get knocked out.”

Question anyone in this situation would ask is “Can I seek compensation for the injuries and medical bills that I have incurred? And if the answer to that first question was YES then who do I file the claim against and how do I proceed?” As an attorney practicing personal injury law in Fort Lauderdale, we have represented victims of these types of injury and been successful.

One can only assume that this couple sought legal counsel and filed claim against city or state that would have been responsible for maintenance of the Interstate where they were injured. Proper record of all his injuries would be most beneficial when filing the claim, a copy of the accident report from the police, and seeing that he would have required dental work, all his dental bills would also be necessary to file claim and be properly compensated for all his damages etc.

Everyday we are on the roads of South Florida and this type of accident can happen at any time, should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

January 13, 2012

Shopping Mall Car park Mishaps

On one my regular trips to the mall to drop off/ pick up my daughter, I’ve realized the dangers that can come to you before you have even entered the mall. Sometimes whilst I sit and wait for her to come out I see things that can happen, drivers not paying proper attention to their surroundings and pedestrians doing the same.

These mishaps I am sure are numerous and as an experienced attorney practicing personal injury law in Fort Lauderdale and its environs I have represented victims of these types of personal injury, but I can also see that some of these victims may not think that they can file a claim for the injuries that they may have sustained from inattentive drivers.

I have made a short list of my observations whilst at the mall:

* Do not walk closely behind parked cars as you never when the car may have a driver ready to reverse an may have not seen you walking behind the car;

* Pay close attention when you are crossing the car park, I have seen people just cross the car park drive ways without even looking;

* Families please watch your children. I have seen on numerous occasions where they take the child out of the car and maybe getting something else out of the car and the child decides to walk out from the safety of the parked vehicle.

Should you ever find yourself in any type of accident no matter how minor it is you should always seek legal counsel. Our office is experienced in handling minor injury claims; we will ensure you get the compensation that you deserve. Please contact us for your free consultation, either online or at 954 431 8100 or 305 624 9186.

January 11, 2012

Cruise Ship Injury

Recently in the news we saw the sinking of the cruise liner off the coast of Italy. Eleven lives lost but the majority of the passengers and crew were saved. Then in the news the sister ship set sail from Miami and reporters interviewed some the passengers that were boarding for their cruise, all comments from the passengers were that they were excited for their trip. Honestly who would not cruising the blue Caribbean Sea, wish it was me, anyways back to the blog.

As a Fort Lauderdale attorney who has represented victims of cruise ship injuries over the past couple year’s injuries on board a cruise ship no matter how minor or serious they may be should not be taken lightly. This is the reason why my staff and I sat down and put together a list of procedures to follow should you find yourself a victim of personal injury whilst cruising.

1. Go to the ship's doctor to get treatment for your injury, should you require medical attention;
2. Write up an accident report with as much photographs of your injuries and submit to the Security department on board; keep a copy of the report for your record and any other medical bills that you may have incurred due to the injury;
3. Also get the ship’s Security Department report and keep for your records;
4. Your photographs should be of the immediate place where the incident occurred;
5. Should there be Witnesses make sure and get all their information;
6. You should visit the shore side doctor to check on your injury at the next port of call; keep your medical bills etc;
7. Should you decide to file suit or a claim, please see the Cruise Line ticket as that may specify where the suit/claim has to be filed. Miami is the headquarters of many of the large cruise lines so the ticket may specify Miami, Dade County, Florida. If suit is filed in the wrong location and one year has gone by, you could be thrown out of court and it will be too late to file in the correct location.

Should you be injured whilst cruising and you remember to follow maybe not all but at least some the steps we have prepared for you, seek immediate legal counsel once you are back from your trip to ensure you are compensated for your damages and medical bills incurred.

Hopefully, you will not have to worry about any of these things and you will have a safe and enjoyable vacation, however, it is better to be aware of your rights. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

January 9, 2012

Who was Liable - Bus accident in Sunrise

Another blog that was an interesting read was on an accident that involved a bus and a distracted driver of a delivery truck which took place in Sunrise.

The police report stated that the driver of the delivery truck was not paying attention and hit the Broward Transit bus from behind when it stopped to pickup/ drop off passengers. This accident occurred at the corner of Sunrise Blvd and NW 56th Avenue, in Lauderhill.

After investigations by the Police/ the Broward Transit authorities and the company that owns the delivery truck it was evident that the driver of the deliver truck was at fault. Although as I stated in the blog that this could have gone against the driver of the bus which would have then made Broward Transit Authority liable for all the damages of the passengers that received injury.

But, as I stated earlier the driver of the delivery truck was found to be negligent therefore making him and his employer liable for the injuries and damages of the passengers who was on board the bus at the time of the accident.

Injured victims in such cases can seek compensation for all medical expenses, loss of wages, and cost of hospitalization, rehabilitation and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Should you or a loved one be a victim of accident injury you should consult an experienced attorney. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

January 6, 2012

Driving Under the Influence - Fort Lauderdale car accident

Driving under the influence of alcohol and/or drugs is illegal in South Florida a driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges. Drivers determined to be under the influence of drugs or alcohol may also be held civilly liable for the accidents and damages they cause.

In one of my older blogs I wrote about a couple that was seriously injured in Fort Lauderdale whilst driving on the I-95. Reports stated that the couple was heading south on the Interstate 95 when they collided with a driver heading north in the southbound lane. Police stated that the accident took place just south of the Sunrise Boulevard ramp. Investigations revealed that the driver of the Honda Civic was driving under the influence of alcohol and apparently got disorientated and somehow entered the I-95 heading in the wrong direction and collided with the oncoming SUV the couple was driving. Charges were made against the driver of the Civic.

The occupants of the SUV sought legal counsel from an experienced Fort Lauderdale Accident Attorney and were able to file suit against the drunk driver and received compensation for the damages and medical expenses they incurred.

Should you or a loved one be a victim of accident injury you should consult an experienced attorney to ensure that you receive the compensation you deserve. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

December 28, 2011

Workplace injury - Construction Worker injured

Another interesting story was the workplace injury to a man who fell at his jobsite in Davie Florida.

As I recall the worker received his injuries when he was repairing a hole in the roof of a building that was recently damaged by fire. Paramedics was called to the scene as the worker was unconscious briefly, he was transported to Broward General where he was kept for observation.

Once he was released he was advised to seek legal counsel to ensure his rights were recognized and he received proper compensation for his medical bills and lass of wages due to his injury. Apparently he was entitled to workers compensation benefits from his employer. There was an accident report filed by his supervisor as there would have been investigations to ensure that it was not negligence or failure to adhere to the safety standards as mandated by both OSHA and the federal Occupational Safety and health Administration for the city of Davie.

The worker’s attorney was experienced in this type of accident and filed a claim on his behalf, to which he was successful. Always contact an experienced South Florida Personal Injury Attorney who will look into a third party claim, which is usually filed against an entity or a person other than the victim’s employer, whose negligence may have caused the workplace accident, your personal injury attorney should have a strong and successful track record in handling these third party claims, as he will be able to help this worker in securing the compensation they deserve.

Should you or a loved one be injured at the workplace you should consult an experienced attorney in workplace injury and premises liability to ensure that you receive the compensation you deserve. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

December 26, 2011

Sports injuries follow up

As the year comes to an end and we look forward to great things for 2012, I want to recap some of my injury blogs that I have written over the past year. One in particular was the injury of a spectator at a local park whilst he was waiting on his son to complete his practice.

The accident occurred whilst Mr. Sanchez was waiting on his son to complete his batting practice session. He was standing at the fence when he was hit in the eye by a ball, paramedics were called to the park, his injuries were minor, but he was still taken to the hospital for observation, he was eventually released.

Mr. Sanchez sought legal counsel for an experienced attorney in premises liability and decided to file a claim against the City for damages, medical bills and loss of wages that he incurred from his injury. In the State of Florida if you are injured at any of these recreational parks in the various cities, to be able to file any claim against local authorities, paramedics have to be called out and the injured has to be taken by ambulance to the local hospital. Mr. Sanchez provided his attorney with all the relevant information pertinent to his case, information such as the accident report from the police; pictures of his injury and pictures of the area where he was injured; he also provided his attorney with his medical bills as he planned on also filing for loss of wages as his injury required him to be away from work.

As an experienced attorney practicing in Broward and Miami-Dade County I have represented victims of this type of injury both in and out of the courtroom for years. We have offices located Fort Lauderdale, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate.

Always contact an experienced attorney that practices in premises liability and personal injury to ensure that you receive proper compensation for your damages. Feel free to contact us at 954 431 8100 or 305 624 9186 or visit us online.

December 23, 2011

Good practices - Slip and Fall Injury #2

As I mentioned in my previous blog I will continue with the remaining 4 tips that you should follow should you be a victim of personal injury from a slip and fall accident. See below:

1. Medical reports and bills: Should your slip and fall be serious for you to be hospitalized you should have the attending doctor note how you received your injuries.

2. Follow the advice of your medical providers and keep all appointments with your physicians, physical therapists, etc. If you skip appointments, or don't follow the advice of your medical providers, the supermarket, or its insurance company, will use this against you during your case and will claim that if you would have followed the advice, or kept your appointments, your injury would healed or improved.

3. Should you be injured at a supermarket their representative (usually a risk manager) or an insurance company representative will contact you for a statement. It is advised that you consult with legal counsel before you speak with any representative.

4. Photograph evidence try to take as much photographs of the scene.

Once you have followed these 8 tips and you have retained your legal counsel to represent you should you decide to file claim, submit all the information you have to your attorney. This information will assist your experienced attorney in slip and fall injury in filing your claim.

Should you or a loved one find yourself a victim of personal injury contact us for your FREE consultation via 954 431 8100 or 305 624 9186 or you can visit us online.

December 21, 2011

Good practices - Slip and Fall Injury

In the United States, slip and fall accidents are the second leading cause of injuries and are the cause of over 15,000 deaths each year. An injury or death from a slip and fall, or a trip and fall, are oftentimes caused by a dangerous condition left to remain on a floor of a business open to the public, such as water on the aisles of neighborhood supermarkets, for an unreasonable period of time.

Below are 8 tips which I will divide into two blogs. These tips should be followed after a slip and fall at a workplace/ supermarket/ shopping mall or any other venue where an injury is sustained:

1. Seek medical attention right away. Call 911 and wait for the paramedics to arrive.

2. Determine what caused you to fall. Look around the area where you landed for water or other substances on the floor. Look at your clothing for water or stains. If you have a camera phone, take a couple photographs. Retain all physical evidence for example clothing etc that can be used as physical evidence to be used at trial.

3. Witnesses; should there be witnesses get all contact information from them as they will be extremely important to your case if your case goes to litigation.

4. Premises liability; building management; manager on duty. Report your fall right away. If you suffer an injury due to a fall at a supermarket, report the fall to the manager before you leave. Ask for a copy of the incident report while you are still at the scene of the accident.

As an experienced Slip and fall injury attorney practicing in Fort Lauderdale we advise that you seek legal counsel to ensure you are properly compensated should you decide to file claim. contact us for your free consultation via 954 431 8100 or 305 624 9186 or online.

December 19, 2011

Motor Scooter injury

Whilst surfing the web looking for topics to write about I read an article where the rider of a motor scooter was knocked of his bike by a distracted driver in Fort Lauderdale. Reports claim that the driver of the car was distracted and swerved into the path of the scooter. Luckily for the rider of the scooter he had enough space where he was able to swerve away but hit the curb of the pavement and was thrown from his scooter. The driver of the car stopped to make sure that the rider was not seriously injured, paramedics was still called to the scene for the rider of the scooter, he was eventually released but was told to follow up with his Doctor.

Riders should practice always be aware of their surroundings at all times, keep an eye out for distracted drivers; drivers who may be texting whilst driving or talking on their cell phones and generally not paying attention. Daily on the road we have drivers who do not respect other users of the road whether it’s a cyclist, a pedestrian or another driver which sometimes can lead to unnecessary personal injury to an innocent traveler. Cyclists whether they are riding a bicycle or a motor cycle should always wear protective gear to protect themselves on the road.

Being an experienced Accident Injury Attorney in Fort Lauderdale I have represented numerous victims of accident injury stemming from a distracted drivers. Always practice safe riding and due diligence to avoid any unnecessary injury to yourself and or your passenger.

Should you or a loved one find yourself being a victim of personal injury caused by the carelessness of other drivers on the road, you should seek legal counsel from an experienced personal injury attorney in Fort Lauderdale who will ensure that you are properly compensated for your damages. Feel free to contact us online or at 954 431 8100 or 305 624 9186 for a FREE consultation.

December 16, 2011

Slip and fall follow up

As it gets closer to the holiday season we can all be seen heading malls to do our shopping. I wrote in one of my earlier blogs about an employee that was involved in a slip and fall at one our local shopping malls. He retained a personal injury attorney in Fort Lauderdale and was able to file a claim for his injury.

Apparently Alex was injured when he slipped and fell just outside his office on the 3rd floor of the mall, as the mall maintenance had recently cleaned up a spill but refrained to display signage warning of the wet spot. Obviously Alex not knowing and there being no proper signage notifying Alex and mall patrons of the wet spot, he slipped and fell fracturing his patella in four places, he had to be hospitalized.

Alex’s sought legal counsel from an Attorney experienced in these types of slip and fall injury and was able to file claim against the mall’s managing office for compensation for his medicals covering his rehab and he was also able to seek future loss of wages as he was no longer able to continue pursuing his career in law enforcement as the injury limited his mobility. He was successful as he had all the proper documentation that assisted him in filing his claim.

Always hire an experienced Personal Injury Attorney should you feel that you are the victim of a slip and fall injury accident. Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options or visit our website at www.florida-attorney.org

December 14, 2011

Injured in an accident: 4 important steps to follow

Following up on my previous blog Personal Injury Attorney’s will always advise to follow the following steps should you be involved in an accident causing personal injury:

1. Proper Medical Treatment & Documentation - Documentation of all injuries is very important; take photographs and videos of all injuries sustained and medical care received including therapy of as you will need to provide all your medical records to your personal injury attorney to support your personal injury claim.
2. Witnesses - Personal injury attorneys advise that it is important to obtain the names and contact information for all witnesses and potential witnesses. Record all physical evidence including all vehicles involved in the accident with your camera in your phone, or ask witnesses if they have a camera if you are unable.
3. Photographs of Scene and Vehicles - Photographs and videos of the physical evidence and all motor vehicles involved should be taken immediately in their after-impact position. Photograph the scene of the accident and the surrounding area, specifically where the accident occurred.
4. Diagram Accident Scene - The investigating police officer will prepare a diagram as part of the report that will include the location of all motor vehicles involved and their final positions after the accident. Request a copy of the police report including the accident scene diagram and submit to your personal injury attorney.

Whether you have been injured in Plantation; Sunrise; Pembroke Pines, Davie; Ft. Lauderdale or Miramar hiring of an experienced Personal Injury Attorney is advised to ensure you receive proper compensation for damages.

Should you or a loved one find yourself a victim of personal injury you should contact an experienced personal injury attorney. Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options or visit our website at www.florida-attorney.org

December 12, 2011

Most Important steps to follow

I cannot emphasize how important it is to follow the steps that I have listed below and throughout my previous blogs. Once you have followed these steps you should always seek legal counsel from an experienced Personal Injury Attorney to represent you and file your claim. Although some victims will tell you that at the time of the accident they were nervous and upset and being an experienced Fort Lauderdale attorney we have noticed that is when victims make costly mistakes.

With the holiday season already started and the roadways being extremely busy with partygoers and shoppers, distractions for these roadway users are abundant. Here are some steps that you should follow which will assist you, should you find yourself a victim of personal injury:

1. Call 911 immediately;
2. Keep calm;
3. Report accident to your insurance broker or agent immediately.
4. Note the date and time of the accident. Write down the location. Draw a diagram, if possible.
5. Write down the name, address and the insurance company of the owner of the other vehicle involved, whether or not the driver is the owner of the vehicle;
6. Give only your name, address, license number, license plate number, name of registered owner of the car and your insurance company.
7. Be sure to write down the names, addresses, and phone numbers eyewitnesses who saw the accident, but were not involved in it.
8. Take photographs of the scene of the accident and damages to all vehicles involved in the accident;
9. Don’t discuss the accident with anyone or blame anyone, including you; only give the particulars pertaining to the accident to the attending Officer, DO NOT ACCEPT RESPONSIBILITY.
10. Obtain a copy of the Police Report for your record and future use should the need arise; and keep records of all your injuries including rehab and medical bills.

Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

December 9, 2011

Hazards in Broward County

Just being on the road can be considered hazardous to your health, as daily we see in the news and on the television reports involving pedestrians, motorcyclist and motor vehicle drivers involved in different types of accidents.

In one of my earlier blogs I wrote about a cyclist who received serious injuries when he was thrown from his bike as he rode into a “pothole” that was in the bicycle lane and was thrown from his bike. He received serious injury and had to be hospitalized. Mr. Schwatts’s family followed all the steps necessary to follow when you are involved in an accident from first calling 911, to proper recording of his injuries with photographs of his injury and the scene of the accident. He also kept record of all his medical bills and made a timeline from the beginning when he was injured and all of his recovery stages. He also took pictures and kept dates as to how long the city took to repair the “potholes” in the lane.

With the information that Mr. Schwatts had kept, by the time he contacted our office he was already ahead of the game, as he presented us with all the information pertinent to his case. Our office also did our own investigation and added more information to assist in preparing a solid claim against the city. Some cities have had claims filed against them where the Plaintiffs have been successful, making it easier for injured victims to be compensated for personal injuries caused by various types of road hazards.

Should you or a loved one find yourself in a situation similar to this always seek legal counsel from an experienced Fort Lauderdale Personal Injury attorney. Your attorney will use all the information that you would have provided their office to file your claim, against an office of the state, or a municipality office. These claims sometimes are complex, therefore to ensure that you receive proper compensation, victims of road hazards should consult with an attorney who has had experience filing these types of personal injury claims. Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

December 7, 2011

Hit and Run accident

Going through my usual morning regime – coffee and watching the daily news on WSVN Channel 7 news, I saw a story that I decided to blog on. 6yr old Brian Wilson was crossing Lucy Street near Second Avenue in Homestead with his father and 3-year-old brother on Thursday, when he reportedly was struck by Shemira Brown who fled the scene of the accident. Brian recalls his dad picking him up off the street and putting him out of harms way. Shemira Brown turned herself in and was charged in fleeing the scene of the accident.

Reports state that Brian was attempting to cross when he was struck, paramedics were called to scene where Brian was transported to Homestead Hospital then to Miami Children’s Hospital. Luckily for Brian, his injuries were not life threatening but serious for him to be hospitalized. Shemira Brown turned herself in to the police and according to reports she was held accountable for the accident.

As an Attorney practicing in Broward and Miami-Dade we would advise that Brian’s family get the accident report from the paramedics; keep all medical reports as they will require this should the family decide to file claim. Should you or a loved one find yourself in a situation like this please contact an experienced Accident Injury attorney who will advise you of your legal rights. Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

December 6, 2011

Liability - Police Chases

Recently in the news I have been seeing police car chases, where the end result is the perpetrator is caught and luckily for the drivers on the road no serious accidents involving innocent victims. But what would be the worst case scenario should a driver be injured in one of these police chases.

Recently there was a chase that began in Miami, with the suspect heading north on the I-95, where he exited somewhere in North Miami where the chase ensued through a busy neighborhood he ran traffic lights, four way stops all the time narrowly missing unassuming drivers on the road who was totally unaware of the danger that they may have just narrowly missed. The suspect eventually abandoned his vehicle and continued on foot running into an apartment where he was eventually held by the police.

For arguments sake let’s say that a driver gets caught up in the chase and injured, with injuries serious enough for the driver to be hospitalized. What would be the liability issues, who would be responsible for the driver’s damages etc. As we have seen in some states a “vehicle pursuit policy” has been adopted by Police departments which allows the agency not to be held responsible or liable. The policy covers the following:- any civil damages for personal injury to; death of any person or damage to property resulting from the accident of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he of she is being or has been pursued in a motor vehicle by a peace officer employed by the public entity.

As a Fort Lauderdale Attorney practicing Personal and Accident Injury law in Broward and Miami-Dade County for more than 10 years, we always advise first and foremost after calling 911 and seeking medical attention if required you should seek legal advice or counsel from and experienced attorney should you decide to file claim. Should you or a loved one find yourself in need of an experienced Accident Injury attorney, we have offices located in Fort Lauderdale, and throughout Miami-Dade, Broward and West Palm Beach. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

December 1, 2011

Recap - Tour Bus Accident

Another interesting story I wrote was injury to 13 people on a tour bus in the Florida Keys.

The report stated that the injury collision occurred on US 1 when the tour bus veered off the roadway. There were 50 people on board the bus including the driver, the police accident report stated that 13 people had to be transported to local hospitals for minor injuries. Officials say the bus was exiting the freeway when it went out of control and crashed. Some of the questions asked was what caused the driver to lose control was there a auto defect or a mechanical malfunction in the bus that could have caused this accident. Maybe it was driver error that played a part was he travelling at an unsafe rare of speed, was he tired, impaired or inattentive at the time he was exiting the freeway. Investigations were made and they still are investigating as this case has not been closed.

Some liability issues to be considered are:

Bus companies - whether they are public or private carriers - owe their passengers the utmost duty of care. This means that bus companies are responsible for the safe transit of their passengers. If this accident was caused by driver error or inadequate vehicle maintenance, then, the bus company can be held liable for the resulting injuries and damages. If the accident was caused by an auto defect, the bus manufacturer or the maker of the defective auto part can be held liable. Compensation: Injured victims in such cases can seek compensation for all medical expenses, loss of wages, and cost of hospitalization, rehabilitation and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Should you or a loved one be a victim of accident injury you should consult an experienced attorney to ensure that you receive the compensation you deserve. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

November 24, 2011

Jobsite Injury

With the economy slowly picking back up we see construction sites hiring workers and this can only mean injuries on jobsites are evident. Recently a 30yr old man Mr. Ramos received injuries after falling from the roof of a home at a jobsite in Fort Lauderdale, Florida. His company sent him out to a neighborhood to do roof repairs to a couple homes. Mr. Ramos was doing minor repairs to a roof which from the recent rains was leaking, and, not realizing the extent of the damage fell through the roof. Paramedics were called to the scene as he was said to be unconscious briefly, and the owner of the home was uncertain as to the extent of his injuries. Mr. Ramos regained consciousness but was taken to Broward General where he was kept under observation.

As a Fort Lauderdale attorney I have worked on numerous cases like this and Mr. Ramos will no doubt be entitled to workers compensation benefits from his employer. Once he has filed claim for Worker’s compensation his employer will have investigations done to ensure there was no negligence on the worker’s behalf and ensure that there was no failure to adhere to the safety standards as mandated by both OSHA and the Federal Occupational Safety and Health Administration for the city of Fort Lauderdale. The worker in turn should keep all records: the incident report and all medical bills etc which he will have to present to his attorney once he has filed claim for injury.

Should you or a loved one find yourself in a situation like Mr. Ramos, please contact an experienced Personal Injury Attorney who will look into a third party claim, which is usually filed against an entity or a person other than the victim’s employer, whose negligence may have caused the workplace accident, your personal injury attorney should have a strong and successful track record in handling these third party claims, as he will be able to help this worker in securing the compensation they deserve. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

November 23, 2011

Motor Vehicle Accidents - "Snowbirds are here"

What a caption for this blog. "The Snowbirds are here" means that the roads are full more than normal with elderly out of state drivers and I mean out of state. On the road daily you see an array of license tags from Canada to upstate US, as they have headed south for the winter, to soak up some of the Florida sunshine. With that comes the driving, some of the complaints I have heard: driving slow in the "fast lane"; unexpected stops and turns without properly notifying by indication; reversing from parking spots without ensuring that it is safe to do so, and the list can go on.

Personal injury caused by a motor vehicle accident or collision is one of the most unfortunate situations you may find yourself in. Whether you were in a rear-end collision or any type of collision you would have received damages and injuries caused by these collisions some may be serious and/ or permanent. From neck and back injuries to broken bones, and in the most unfortunate situations injuries which may cause brain damage or paralysis, damages from any motor vehicle collision can and may alter your life. Daily we get calls from victims of these types of injuries as they are unsure what their legal rights are and if they do have. First and foremost call 911 to report the accident, then seek immediate medical attention for any injury you may have received as this step is a crucial part of your personal injury case against another driver who is responsible for your injuries, and last but most important keep all records of your injuries, accident reports and pictures of the scene of the accidents.

Be sure to call a Fort Lauderdale Personal Injury Attorney to handle your case. We have offices located in Fort Lauderdale and we have successfully represented injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

November 22, 2011

Soccer Tournament injury

I recently attended a soccer tournament at a Regional park in Fort Lauderdale over the weekend with some friends, this was the first time that I was so close to the game. I normally sit in the stands and watch the game, but at these local tournaments you are able to stand right at the side of the field you could even reach out and touch the players. It was really exciting to be so close until a spectator was hit by a loose ball.

The spectator was standing behind the goal when she was hit by the stray ball. It was a ball from a free kick so I can only imagine the power it was coming at, and obviously she was not paying attention and was hit right smack in the chest. She immediately doubled over and the paramedics that was on site attended to her. She was taken to the hospital for observation due to area that she was struck, although the injury seemed to be minor. She was released, and was advised to seek legal advice for damages, medical bills that she incurred from this injury.

In the State of Florida to be able to file any claim if you are injured at any of these recreational parks in the various cities, paramedics have to be called out and the injured has to be taken by ambulance to the local hospital. There is always risk to be taken into consideration when attending these sporting activities and one should always seek legal counsel from an experienced personal accident injury attorney to ensure that you know your rights.

It is always good advice for victims of personal injury always to seek counsel from an experienced personal injury attorney or premises liability attorney as it is important that you understand and know what your legal rights and options are. We have offices located in Fort Lauderdale, and throughout Miami-Dade and West Palm Beach, and we have successfully represented injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

November 17, 2011

Injuries from fallen roof

This story caught my interest whilst I was doing research for my writing Twelve students and two teachers at the North Orange County Regional Occupational Program building in Anaheim were taken to the hospital with injuries after the roof of the adult classrooms collapsed on December 15, 2008 because a main drain failed. News reports in The Orange County Register, the injured victims suffered neck, back, muscular, skeletal and wrist injuries.

Officials are saying that the roof caved in after a main drain failed above one of the classrooms. This caused water to collect and the roof to cave in taking an air-conditioning unit down with it. The injured victims were said to have been between 17 and 50 years old. It was stated in the article that the school took out a building permit for a new roof in August of 2007 and a final inspection was completed the following month.

Reading this article I realized that this can happen at any time in Florida, and as a Fort Lauderdale attorney I would advise the injured to seek legal counsel from an experienced personal injury attorney immediately after seeking medical attention. Keep records and a timeline from the time the accident occurs to present: pictures of all injuries and medical bills for injuries and rehab that was incurred.

Should you or a loved one find yourself being the victim of personal injury, you should immediately contact an experienced personal injury attorney, as the authorities responsible for maintenance of the building can be held liable for the injuries caused from the roof cave-in. Contact us for your free consultation at 954 431 8100 or 305 624 9186.

November 16, 2011

Perfect Weather for riding

This blog is just for information purposes. With the winter starting any motor cycle rider will tell you it’s the perfect weather for riding. I found this article whilst doing research on Motor cycle safety and found it very interesting and informative.

The Motor Safety Foundation ‘MSF’ will start an in depth study into motor cycle safety. The study will follow 100 motorcyclists in different age groups who ride three types of bikes and riding in various environments. The study will also factor weather and traffic conditions and rider gear requirements. States that will be involved in the study are California, Virginia and Florida, riders will be chosen from them.

The information will be collected through the use of small video recorders and other devices mounted on each of the rider’s bike. The video recorders will include the following views: forward, sides/rider’s hands, rider’s face, and rearward. The study will cover rider’s behaviour and their reaction time; it will also cover rider skills and decision making prior to a crash. It will also collect the sequence of events and factors in the leading up to a crash and the differences between evasive manoeuvres which will work and which will not.

As an experienced motor cycle attorney in Fort Lauderdale we have found these studies to be beneficial to riders to practice defensive riding. Whilst riding your bike should you and your passenger become a victim of injury due to the negligence of a driver or road user, you should seek legal counsel from a motor cycle attorney to ensure that you are compensated for your damages, loss of wages and medical bills incurred. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

November 15, 2011

Premises Liability - Workplace injuries

Injuries at the workplace are a 'lil' more common than we realize, if you have been injured at work you will have to first apply for Worker's Compensation through your employer's insurance company. Representing victims of work place injury for the past years in Fort Lauderdale we have found some situations where the victim may be able to file a third-party injury claim for damages associated with your injuries. This is where seeking legal counsel from an experienced work place accident attorney in Fort Lauderdale is best in these situations, as your attorney will give you the guidance you need and will assist you to understand your rights.

Workplace accident third-party injury claims can include such circumstances such as :
- use of a defective product or equipment;
- injury due to a toxic substance at the workplace;
- intended wrongdoing of your employer;
- injury through a third-party whilst at your workplace.

Workers' compensation will provide payment and benefits to the injured victims but may not compensate for damages. It will also not cover punitive damages against employers who did not take proper workplace safety measures. Injuries in the workplace can range from slip and fall accidents, to injuries to the body such as back, arm, shoulder, elbow and knee. As I always advise victims of workplace injury always seek counsel from an experienced workplace accident injury attorney or premises liability attorney as it is important that you understand and know what your legal rights and options are, and ensure that you receive the proper compensation that you deserve. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

November 10, 2011

Safety at a Night Club

Fort Lauderdale and South Beach can be considered party central every weekend in South Florida, and on any given Monday we receive calls from victims of personal injury, whether it’s a slip and fall injury or the victim of a fight at a club or a pedestrian accident seeking legal counsel.

At the usual spring break festivities there were some incidents that occurred over the week, some serious to warrant police and a trip to the emergency room and others minor where paramedics have dealt with the injury and released. Recently our Fort Lauderdale office received a call from a man in his early 20’s, seeking legal counsel. He states that he was out partying with some friends that were visiting for the break, where he received the injury. Apparently he was partying at a night club on Fort Lauderdale beach, when he got into an altercation with another patron at the club, there was a fight and he was stabbed. Police and paramedics were called to the scene; he suffered a flesh wound and a punctured liver and had to be hospitalized.

Investigations were conducted by the authorities and our office also did some investigative work on behalf of the victim. Reports from the police showed that the nightclub did not have the required amount of security on the said night which makes then liable. Our client would be able to file claim against the night club for “negligent security”.

Should you or a loved one find yourself a victim of this type of injury or should you know someone that was in the same situation they should immediately seek legal counsel to ensure that they receive the compensation that they deserve for their damages and medical bills incurred. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

November 9, 2011

Remember this after any type of accident

Protecting the rights of victims of injury due to the recklessness of drivers on the roads of South Florida, car and motor cycle accident victims should remember the following people are upset and when upset make costly mistakes. Representing drivers and bikers who wish to file claim due to an accident injury in Sunrise, Fort Lauderdale, Cooper City, Davie and Plantation we advise you take heed of the points below.

Here is what you should do:
1. ALWAYS keep calm, and do not let the emotions get the better of you remain calm at all times;
2. Report the crash immediately to the police department; and if there is injury call an ambulance for the injured party;
3. Take contact information including driver’s license, telephone contact and the insurance company of the owner of the other vehicle/s involved in the accident;
4. If it’s a company vehicle take down the name, address, operator’s license number, driver license and the phone number of the driver of the company vehicle.
5. Give only your name, address, license number, license plate number, name of registered owner of the car and your insurance company.
6. Don’t not accept responsibility or blame anyone for the accident.
7. Call your Insurance Company and report accident to your broker or agent immediately.
8. Make a note of the date and time of the accident, write down the location. Draw a diagram, if possible.
9. Cell phones come equipped with cameras, take pictures of the of your bike and the other vehicles involved, do not only focus on the area damaged take pictures of the entire vehicle
10. Be sure to take pictures of the area surrounding the accident scene immediately after the accident. Pictures of the terrain, the road or any other amenities that could have been a factor or played a part in the accident;
11. Witnesses – make sure to write down all the contact information of the people who were witness to the accident but not involved in it.

Should you or a family member be the victim of a car or motor cycle accident injury, you should contact an experienced Fort Lauderdale Attorney should you have questions after the accident and to ensure you know your rights and are properly compensated. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

November 8, 2011

Motor Cycle Safety - MANDATE

Recently whilst doing research on motor cycle safety for my blog I stumbled upon an article “Mandatory motorcycle safety training in two more states” on the website Clutch and Chrome. It states that motorcycle training has become mandatory for future riders in Connecticut and California before riders can take tests and licenses issued. Following Rhode Island and Florida that require riders to complete a safety course to get their license, this mandate was introduced in 2008.
In Connecticut the law took effect as of January 1st 2011 and was driven by the mother of a 19 year old boy that was killed in a accident when he collided with a minivan, although he was wearing a helmet he had not taken a safety education class. In the article she stated that she believes her son might be alive today if he had take a course for novice riders, which the prior to the mandate of January 1 2011 only applied to motor cycle applicants under the age of 18. The new requirement does not apply to Connecticut riders who already have a motorcycle endorsement or those who are moving from another state with a motorcycle endorsement.

DMV Commissioner states that this new requirement will ensure that all riders have proper training and safety education before acquiring a license to operate a motor cycle; he also went on to say that this law is all about making riders and their passenger’s safety.

The other state that has this similar legislation is California. The state mandate requires residents of California younger than 21 to complete a motor cycle safety course before they will be issued an instruction permit that will allow them to practice riding a motor cycle. The permit must be held for six months before the rider will receive his/her license.

This law also came about from a motorcycle tragedy; according the article three years ago 18 year old Jarred Cole was getting driving lessons from his dad Evan Cole who is an experienced rider in front of their home. He had passed the DMV written exam allowing him to get his learner’s permit. His dad was giving him his first lesson and he stepped into the garage to get some practice cones when he heard the motorcycle engine revving followed by an ominous thud as stated by Clutch and Chrome. Jarred died from a severed artery, doctors stated he could not be save him even if he lived across from the hospital. This tragedy got Jarred’s younger brother and his friend to launch a drive in their High School “Change State Law”.

As an experienced motor cycle attorney practicing in the cities of Fort Lauderdale, Sunrise, Margate, Coral Springs, Pembroke Pines, Miramar, Davie and Cooper City we always advise that once you have received personal injury stemming from a motor cycle accident you should seek legal counsel to ensure you are compensated for your damages and injuries received. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

November 3, 2011

Skateboard injuries

In Fort Lauderdale, Sunrise, Plantation, Weston and many other cities across Broward County kids and teens can be seen maneuvering their skateboards in all the plazas in these cities. We have found that in many cases, a skateboarding accident normally results from someone else's negligence.

Skateboarders are often invisible to distracted, inattentive drivers of cars, SUVs, vans, and trucks. Even if these kids follow the rules and practice their own safety tips whilst skateboarding, they can still be hit by negligent drivers. Hospital emergency rooms state that approximately 26,000 persons are injured yearly. Most of these skateboard injuries can stem from sprains, fractures, contusions and abrasions; these are some of the most common types of injuries.

Some of the factors that can be taken into consideration and that can add to the reasons for some of these accidents besides driver negligence, are the rider may not be wearing the proper protective equipment, poor board maintenance and irregular riding surfaces.

Our office has also seen that these injuries happen mainly to the following:
• Almost every 6 out of 10 kids under the age of 15 are more susceptible to injuries due to lack of experience on their board;
• Skaters with a year or more of experience have the next highest number of injuries as they are the ‘risk ‘ takers - willing to try more tricks on their boards;
• Experienced skaters mainly suffer injuries when they fall after they strike rocks and other irregularities in the riding surface or when they attempt difficult stunts.
• Riding surfaces that are uneven such as surfaces that have holes bumps rocks and other debris account for over half of the skating injuries leading to falls. Before riding, skaters should screen the area where they will be riding by checking for holes, bumps, rocks and any debris.
• Skating in the street can result in collisions with cars causing serious injury and even death.

South Florida known as the “Sunshine State” is home of these skateboarders, hence the reason why there has been a rise in injuries mainly from driver negligence. Should you or a loved one be the victim of personal injury due to driver negligence whilst riding their skateboard you should seek legal counsel for your minor to ensure that you are compensated for damages and medical bills should you decide to file claim. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

November 2, 2011

Accident Injury from Street racing

Seeing that I touched on Street/drag racing in a previous blog, I decided to blog a bit more about the seriousness of this illegal sport. Florida Highway Patrol and other law enforcement agencies have been clamping down on these illegal races, by conducting stings on U.S. 27 and Krome Avenue between Miami and Broward Counties. One night during summer troopers arrested approximately 47 juveniles, 21 adults, and 129 spectators lining the road. Law enforcement agencies involved noted that with the success of that sting others will follow.

Politicians in Miami and Broward have stated they want stiffer penalties for these racers and spectators, as the only way to stop the racing is to go after not only the racers but the crowd that watches and encourages this illegal activity. Because of this type of recklessness driving on the streets of Miami and Broward County, other users of the roadways are put in harm's way. We have seen in the news, reports of accidents caused by these drivers injuring innocent drivers sometimes even ending tragically for both the drivers and racers who are normally teenagers. For example a street-racing crash on the Rickenbacker Causeway in Miami-Dade County sent two children, ages 2 and 3, and four adults to the hospital. This accident occurred when a Porsche and a BMW were drag racing and one of the cars crashed into a SUV with a family of 5 on board. Paramedics were called to the scene and the driver of the BMW and all the occupants of the SUV were taken to the hospital, luckily there were no life threatening injuries. Police reports states that the racers were travelling in excess of 100 miles per hour.

As an experienced auto accident attorney practicing in Miami and Broward County I have represented victims of these types of auto accidents and I always advise you to seek legal counsel should you decide to file claim to ensure you receive proper compensation for your damages, medical bills and loss of wages.

Should you or a loved one be the victim of an automobile accident stemming from these illegal car races, CONTACT US online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to see legal counsel.

November 1, 2011

Watch where you are walking

With South Florida rainy season still in effect sometimes just "running into" a store can be hazardous. With the weather finally holding up this past week, previously the afternoon showers, made running into a pharmacy in Miramar a dangerous task for Simone B.
Approximately three weeks ago with the ususal afternoon showers, Simone had to stop off at a pharmacy after work to run an errand. She parked and was entering the store when she slipped on the wet floor just as she entered the door. There was no notification or the yellow cones that you normally see stating "BE CAREFUL WET FLOOR". Simone hit the floor really hard and paramedics was called out, by the Store Manager as did not want to move her as they were unsure of the seriousness of her injury. Simone was taken to the hospital where she was seen by a Dr and referred for a follow up visit to a Specialist. Simone's injury was not serious for hospitalization as she only bruised her coxic bone "tail bone", but was given time off as this type of injury can be extremely painful. Simone did the follow up to the Dr just to ensure that there was no additional injury.

Simone's slip and fall caused her loss of wages, and medical costs incurred from the follow up visits to the Dr. She sought legal counsel from a Personal Injury Attorney practicing in Miramar, FL to ensure she received proper compensation from her injuries sustained from the fall.

In Florida we come across numerous slip and fall cases or personal injury claims are filed against businesses due to their own error. Should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

October 28, 2011

Sports Injury to a Minor

Whilst doing research on sports injuries I stumbled across this article whereabouts a 12 year old girl Nicole was injured whilst playing basketball. The article stated that apparently during basketball practice, Nicole was shooting the ball when a defender tried aggressively to block her shot. The two players made contact, and Nicole hit the floor headfirst. “The way she was hit took her whole body out from under her, and she landed directly on her head,” said her mother, “We immediately knew this was serious as she was very confused and looking at people like she didn’t know who they were.”

Paramedics were called to the scene and she was taken to the hospital for observation. At the hospital, doctors diagnosed a minor concussion —an increasingly common injury in basketball, particularly among minors, yet one that has yet to gain widespread attention. In fact, Nicole's mom said, she knew enough to worry about concussions — she also stated that even though Nicole played soccer more than basketball she worries more about the latter sport as the chances for broken bones and other injuries can occur being that it is a hard floor as the physical contact of basketball similar to that of football except that its indoors.

Injuries on basketball courts are common across South Florida from Sunrise, Plantation, Miramar, Coral Springs and Aventura, some are serious to warrant hospitalization and observation at a hospital or some maybe minor not requiring medical attention, although we always advise to visit your medica practioner to ensure that the injury in not serious. Also it allows you to keep record of your injury if you do eventually decide to file a claim. Practicing law in Fort Lauderdale and representing victims of sports injuries I always recommend to parents and victims that it does not matter how serious the injury you should always seek advice from an experienced sports injury attorney.

Should you or a loved one be the victim of a sports injury, always seeks legal counsel to ensure you know your rights and you are compensated for your damages. Contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to see legal counsel.

October 26, 2011

Safety Tips for Cyclist Part 2

Continuing from my previous discussion/blog post Safety Tips for Cyclist, I have realized that this topic is extremely interesting and informative for all. Again I always state should you or your loved one find yourself a victim of a bicycle accident always seek counsel from an experienced attorney practicing in Fort Lauderdale to ensure your are properly compensated. Bicyclists of all ages are on the road daily and should follow these road rules to ensure their safety at all times.

Here are some more tips for proper road safety and the codes where you can find the Statute pertaining to bicycle riding:

SIDEWALK RIDING (see Section 316.2065, F.S.)• When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian.
• A bicyclist riding on sidewalks or in crosswalks must yield the right-of-way to pedestrians and must give an audible signal before passing.

SIGNALING TURNS (see Sub-section 316.155(2) and 316.157(2), F.S.)• A signal of intention to turn must be given during the last 100 feet traveled by the vehicle before turning. If a bicyclist needs both hands for control, the signal need not be given continuously.
• A bicyclist may signal intent to turn right either by extending the left hand and arm upward or by extending the right hand and arm horizontally to the right side of the bicycle.

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.

October 21, 2011

Safety Tips for Cyclist

With the fall weather beginning in South Florida, it is now perfect for outdoor activities as its cooling down therefore I decided to cover safety tips for bicyclist to follow to ensure everyone’s safety on the roads. Once these safety tips are followed, you as a cyclist would have been practicing your safe riding habits. So should you or a loved one be a victim of a bicycle accident you should seek an experienced Fort Lauderdale bicycle accident attorney to ensure that you are properly compensated for your damages.

Here are some more tips for proper road safety which I will list below for you:

PROPER USE OF ROADWAY (see Section 316.2065, F.S.)
• A bicyclist who is not traveling at the same speed of other traffic must ride in a designated bike lane or as close as practicable to the right-hand curb or edge of the roadway. A bicyclist may leave the right-most portion of the road in the following situations: when passing, making a left turn, to avoid road hazards, or when a lane is too narrow for a bicycle and a car to share safely.)
• A bicyclist 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.
• 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.

WHEN MAKING A LEFT TURN (see Section 316.151 (1)(b)(c), F.S.)
• A bicyclist intending to make a vehicle left turn is entitled to full use of the lane from which the turn is made. After scanning, signaling, and moving to the center of that lane, the bicyclist must check the signal, and then proceed when it is green and safe to do so.
• In addition to the normal vehicle left turn, a bicyclist may proceed through the right-most portion of the intersection and turn as close to the curb or edge as possible at the far side. After complying with any official traffic control device, the bicyclist may proceed in the new direction.

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.

October 19, 2011

Auto accident stemming from drag racing

Seeing that I touched on Street/drag racing in a previous blog, I decided to blog a bit more about the seriousness of this illegal sport. Florida Highway Patrol and other law enforcement agencies have been clamping down on these illegal races, by conducting stings on U.S. 27 and Krome Avenue between Miami and Broward Counties. One night during summer troopers arrested approximately 47 juveniles, 21 adults, and 129 spectators lining the road. Law enforcement agencies involved noted that with the success of that sting others will follow.

Politicians in Miami and Broward have stated they want stiffer penalties for these racers and spectators, as the only way to stop the racing is to go after not only the racers but the crowd that watches and encourages this illegal activity. Because of this type of recklessness driving on the streets of Miami and Broward County, other users of the roadways are put in harm's way. We have seen in the news, reports of accidents caused by these drivers injuring innocent drivers sometimes even ending tragically for both the drivers and racers who are normally teenagers. For example a street-racing crash on the Rickenbacker Causeway in Miami-Dade County sent two children, ages 2 and 3, and four adults to the hospital. This accident occurred when a Porsche and a BMW were drag racing and one of the cars crashed into a SUV with a family of 5 on board. Paramedics were called to the scene and the driver of the BMW and all the occupants of the SUV were taken to the hospital, luckily there were no life threatening injuries. Police reports states that the racers were travelling in excess of 100 miles per hour.

As an experienced auto accident attorney practicing in Miami and Broward County I have represented victims of these types of auto accidents and I always advise you to seek legal counsel should you decide to file claim to ensure you receive proper compensation for your damages, medical bills and loss of wages.

Should you or a loved one be the victim of an automobile accident stemming from these illegal car races, CONTACT US online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to see legal counsel.

October 18, 2011

INJURY DUE TO ROAD DEBRIS

Daily on the road across South Florida we see debris whether it been pieces of rubber to sometimes even larger items that can cause serious injury to drivers on the road. We have had victims of these types of accidents contact our office seeking legal counsel. Victims of these types of injuries sometimes don't realize that they can file a claim as they are uncertain of exactly who is responsible.

A couple years ago a father and daughter was travelling south on the I-95 between Oakland Park Boulevard and Sunrise Boulevard when a piece of metal pipe flew thru the front windscreen of their car stabbing his daughter in the shoulder. She was rushed to Broward General where doctors removed the metal pipe. In a case like this the victim's family should immediately seek legal counsel to know their legal rights.

Being an attorney practicing personal injury law in Fort Lauderdale, I would recommend to the family to retain all medical bills that his daughter had incurred due to her injury to support her claim along with the accident report from the police. Their retained attorney will review the documents that they have provided and advise whether they are able to file a claim and exactly who they should be filing the claim against.

Should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

October 17, 2011

WORKPLACE INJURIES-Premises Liability

Injuries at the workplace are a 'lil' more common than we realize, if you have been injured at work you will have to first apply for Worker's Compensation through your employer's insurance company. Representing victims of work place injury for the past years in Fort Lauderdale we have found some situations where the victim may be able to file a third-party injury claim for damages associated with your injuries. This is where seeking legal counsel from an experienced work place accident attorney in Fort Lauderdale is best, as he/she will give you the guidance you need and will assist you to understand your rights.

Workplace accident third-party injury claims can include one or more of the following :
- use of a defective product or equipment, or you may be
- injury due to a toxic substance at the workplace, maybe you were injured due to
- maybe thru intended wrongdoing of your employer
- injury through a third-party whilst at your workplace

Workers' compensation will provide payment and benefits to the injured victims but may not compensate for damages. It will also not cover punitive damages against employers who did not take proper workplace safety measures. Injuries in the workplace can range from slip and fall accidents, to injuries to the body such as back, arm, shoulder, elbow and knee.

As I always advise victims of workplace injury always seek counsel from an experienced workplace accident injury attorney or premises liability attorney as it is important that you understand and know what your legal rights and options are, and ensure that you receive the proper compensation that you deserve. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

October 12, 2011

Hiring an attorney may result in a larger settlement

In a recent comparison performed by my firm in Fort Lauderdale we have seen that in some cases motorcycle accident victims we have represented have received larger settlements when compared to those who did not seek legal counsel from an accident attorney…..

Firstly once you have been involved in a motorcycle accident you should seek legal counsel from an experienced Fort Lauderdale accident attorney. Once you have retained an attorney he/ she will start to gather information to start building your case. They will request that you provide all your medical bills and records as depending on the severity of your injuries there maybe loss of wages involved. Once you have provided your accident attorney with these records they will review and interpret these records making them understandable for the court to comprehend the severity of the injuries you may have incurred. That is why proper recording of all your injuries is extremely important.

You should have pictures taken on the scene of the accident and the surroundings areas, pictures of all your injuries should also be taken, pictures of the damage to your bike and the other vehicle that was involved in the accident should also be taken as this will assist the attorney in building a strong case on your behalf.

Representing motorcycle accident victims over the years we have found that there are additional factors to be considered as part of your case like:

• Work environment: Your attorneys will not the difference in your performance at work?
• Home environment: How your injuries have affected your home life
• Witnesses: who will testify about your life changes at work and at home since you received injuries from the bike accident
• Extracurricular activities: activities and events that you are not able to participate in because of your injuries?

Hiring of an experienced accident attorney is important should you or a loved one be involved in an accident to ensure you receive the proper compensation you deserve. Whether your or a loved one has been the victim of car accident injury, always seek counsel from an experienced Automobile Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

October 11, 2011

Are you asleep or awake? Sometimes prevention is the best cure

Many accidents occur due to a driver being under the influence of drugs or alcohol but what about the driver being too drowsy to drive? Falling asleep at the wheel is as dangerous as a person drinking and driving. The result can be just as devastating. Getting little or interrupted sleep over an extended period of time can cause a person to become drowsy or fatigued, which can result in impaired driver's reaction time, judgment and their vision.

City Commissions in Margate, Plantation, Sunrise, Davie, Pompano Beach and the Broward County Commission have started a public awareness campaign is designed to educate the public of the dangers of driving while drowsy. Experts suggest we need 7 to 9 hours of restful sleep to maintain alertness during the day. Work schedules can be hectic. Shift workers are often affected as their schedules don't always coincide with getting the kids off to school. Working nights often affects your internal body clock; make a point of taking a nap if you know you will be on the road.

Always plan ahead and identify where you will stop along the way to rest and for meals. Taking the time to stretch or walk around during a long trip helps keep you energized and alert. On a long trip, you should take breaks about every 100 miles or every two hours of driving. A driving companion can not only share the driving but talk along the way, keeping you engaged and alert. Do the same on your return trip to avoid exhaustion or fatigue as you return to your regular routine.

Whether your or a loved one has been the victim of injury, always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.


October 7, 2011

Choose a good Car Accident Attorney

Good advice would be once you, a friend or a family member or members have been involved in any type of car accident and they have received injures, even if the injuries are not serious enough for you to be admitted to a hospital, it is always important to see legal counsel from an experienced auto injury attorney. It is imperative that you find the most qualified car accident injury attorney in your area. Whether you reside in Sunrise, Plantation, Coral Springs or Miramar always seek the most experienced attorney to work with you. Having an experienced attorney representing you or your loved one will ensure you receive the compensation for damages you have suffered, as you deserve to be compensated for the injuries that you have suffered stemming from a car incident.

As we all know or some of us may have even experienced, car accidents can be very upsetting and even painful. But depending on the injuries you may have sustained, once you have retained the services of an attorney experienced in auto injury he/she will ensure that you are properly compensated for your medical expenses that you may have incurred, loss of wages and rehab as medical bills can be costly and can pile up pretty quickly.

This blog I will keep short and as I stated at the beginning it is always good advice or practice once you have been injured in any type of car accident, after the initial stages it is very important to retain an experienced auto injury attorney as soon as you can as they will need time to prepare your case to ensure you receive the compensation that you rightly deserve. Whether your or a loved one has been the victim of car accident injury, always seek counsel from an experienced Automobile Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

October 5, 2011

Injured on someone else’s property - What you should NOT do

In a previous blog I touched what you should do should you be injured on someone else's property, seek immediate medical attention; then contact a Personal Injury Attorney to know your rights. Now, I will list a few things that you should NOT do should you be injured on someone else’s property, they are:

• Do not provide any statements to the property owner;
• Do not sign any statements or incident reports;
• Do not say anything that would imply fault on your part.

Depending on where you may have been injured, Personal Injury Attorney’s have found that in many cases, if you suffered the injury on public property the property owner will file a premises liability accident report, and a claims adjuster will contact you to get more information about your injuries. Again, do not give a statement to anyone that contacts you. First, consult with a personal injury attorney that specializes in premises liability cases and will be able to advise you accordingly. Many adjusters are trained to try and persuade you to settle the claim immediately and sign a release, talk to a lawyer first.

Always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. If you or a loved one has suffered injury contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

October 3, 2011

Personal injury whilst playing in a park or playground

With the weather as perfect as it is in South Florida, families and kids can be seen daily at the local parks and playgrounds enjoying the sunshine. In many of these cities across Broward and Miami-Dade county are owned by the cities and public agencies. Should you or a loved one be a victim of personal injury at one of these parks you should first contact the city that the park is located to find out that the deadline is for filing claim should you decide to. Many of these cities have short deadlines set for filing claims and they could run from 60 – 90 days within which you may have. After contacting the city and seeking medical attention you should immediately contact an experienced attorney in the city to seek legal counsel and file claim.

Examples of park and playground accidents resulting in personal injury are:
• Broken/poorly maintained park or playground Equipment (swings, “monkey bars” climbing apparatus, slides, gates)
• Falls from heights in parks/playgrounds
• Broken pavement in parks and playgrounds
• Exposed tree roots in parks or playgrounds

Apartment complexes, condominiums, cooperatives and schools also own or maintain parks and playgrounds. Whether the owner or operator of the park or playground where the accident you are inquiring about is a public or private entity, you should contact your personal injury attorney so they can perform a prompt investigation and advise you of your rights.

As an experienced attorney practicing in cities such as Fort Lauderdale, Sunrise, Davie, Cooper City, Weston, Plantation, Miramar and Pembroke Gardens, daily we see victims of these types of injury mainly to kids. Parents and victims should always remember to take pictures of the area where the accident occurred and the damages to the victim. Keep records of all the victims’ injuries including medical bills etc.

If you or someone you know has been injured in a park accident or playground accident, contact an experienced personal injury attorney to seek legal counsel to ensure you are properly compensated. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

September 5, 2011

Cruise ship Tips

Florida the cruising capital of the world, the two main ports: Fort Lauderdale – Port Everglades and Miami – Port of Miami will be busy with ‘cruisers’. From families, couples or just groups of friends out to have a good time, everyone should be informed of what steps they should follow if they injured whilst on a cruise ship or cruising.

As a Fort Lauderdale attorney representing victims of cruise ship injuries over the past couple years my office has put together some steps you should take immediately or follow once you or a loved one are injured whilst vacationing on board a cruise ship.
1. Go to the ship's doctor to get treatment for your injury, should you require medical attention;
2. Take photographs of your injuries and keep records of all your medical bills etc
3. Prepare an accident report and submit to the Security department on the ship, keep a copy for your records;
4. Also get the ship’s Security Department report and keep for your records;
5. Take photographs of the scene of the incident before it changes, if possible. If the scene has changed, still take photographs;
6. Witnesses are very important so make sure and get all their information even if they live out of state or out of the country;
7. Should you require additional medical attention, go to a shore side doctor at the next port of call; keep your medical bills etc.
8. Should you decide to file suit or a claim, please see the Cruise Line ticket as that may specify where the suit/claim has to be filed. Miami is the headquarters of many of the large cruise lines so the ticket may specify Miami, Dade County, Florida.

NOTE: If suit is filed in the wrong location and one year has gone by, your claim could be thrown out of court and it maybe too late to file in the correct location.

The above are just some steps and things to remember if you plan a cruise vacation. Hopefully, you will not have to worry about any of these things and you will have a safe and enjoyable vacation, however, it is better to be aware of your rights.

Should you or a loved one be the victim of injury on board a cruise ship, please seek immediate legal counsel once you are back from your trip to ensure you are compensated for your damages and medical bills incurred. Our firm represents clients throughout Florida who have been injured in a boating accident, or individuals in a cruise ship accident anywhere in the Caribbean. If you or a loved one has suffered an injury as a result of a boating or cruise ship accident, contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.


September 3, 2011

Cyclist regulations to follow

Florida's weather allows for our kids to be on the road daily riding whether they are riding to and from friends and in and around our neighborhoods. We must encourage them to practice safe riding habits to ensure that they are safe and do not become the victim of personal injury on the road.

Florida Bicycle Association has some rulings for safe riding habits that all bicyclists should practice at all times to avoid injury. See below:

BICYCLE REGULATIONS
• A bicyclist must obey all traffic controls and signals.
• A bicyclist must use a fixed, regular seat for riding.
• No bicycle may be used to carry more persons at one time than the number for which it is designed or equipped.
• At least one hand must be kept on the handlebars while riding.
• Every bicycle must be equipped with a brake or brakes which allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

BICYCLE LIGHTING

• A bicycle operated between sunset and sunrise must be equipped with a lamp on the front exhibiting a white light visible from 500 feet to the front and both a red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear.
• Additional lighting is permitted and recommended.

HEADSETS USAGE
• 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.

These rules and safety tips should be adhered by all cyclists. 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.

September 1, 2011

Harm caused by Drunk Drivers

When you say South Florida you think "Sun-Sea-Sand" and obviously the numerous bars that cover the coastline from South beach to West Palm. As an Attorney practicing in South Florida we have come across numerous car accident and personal injury cases where our clients are the victims of drunk drivers. Driving under the influence as we all know can cause serious harm to yourself and anyone else on the road.

I recently visited MADD’s website whilst I was researching Drunk Driving for my blogs and found lots of information pertaining to the new campaign, which I will be covering in my upcoming blogs. Statistics don’t lie and Florida in 2009 had 2,558 road fatalities due to drunk drivers we were rated 3 in the United States with California at the top with 3,081.

As stated on their website local law enforcement will be extremely visible on the roads in order to catch drunk drivers, it will also discourage intoxicated drivers from getting behind the wheel drunk and causing personal injury to other drivers on the roadways. Ignition Interlocking Devices or breathalyzers installed the car is another step that MADD and the Government which I will cover in my following blog, and lastly using today’s technology along with the car industry to assist in protecting the driver by failing to operate if the driver if found to be impaired, I will also cover in another blog.

The three components that are listed above I will cover more in my future blogs. Should you receive injury due to a drunk driver contact your South Florida Personal Injury attorney to seek legal counsel. Cohn, Smith & Cohn can help please contact us 954-431-8100 or 305-624-9186 to set up a free consultation with our dedicated attorneys who will go over your case with you and explain your legal rights and options. We have more than three decades of experience helping people who’ve been seriously injured on Florida roads due to drunk drivers.

August 22, 2011

Weston bicycle accident

Patty Benne, 30, of Weston, FL was involved in a Bicycle Accident on the evening of November 15. Benne was traveling on her bicycle from west to east across Royal Palm Blvd in Weston, when her bike hit an uneven piece of the bike path; Benne was ejected from the bike and thrown onto the curb. Patty was rushed to Memorial Regional with minor injuries; luckily she was wearing a helmet.

According to the U.S. Office of Health, Safety & Security, the six most common causes of bicycle accidents are:
(1) Bicyclist traveling on the wrong side of the road;
(2) Vehicle makes an unsafe turn;
(3) Bicyclist traveling into the path of a vehicle from a driveway or sidewalk;
(4) Auto driver opening door while bicycle passes;
(5) Bicyclist weaving or leaving the edge of the road/bike lane.

With the weather in South Florida being perfect for bike riding many people use their bikes as a means of transportation or for training. In my practice as a personal injury attorney in Fort Lauderdale and its environs; Weston Miramar, Pembroke Pines, Sunrise, Pompano and Coral Springs, I have represented many victims of traumatic head and body injuries sustained from bicycle incidents. Just as the use of a seat belt is a critical safety tool when operating or riding in an automobile, so is the use of a bicycle helmet. Invest in a helmet.

Always seek legal counsel from an experienced south Florida Personal Injury Attorney should you become the victim of a bicycle accident to know your rights. Cohn, Smith & Cohn offers free, confidential case evaluations, so you risk nothing by telling us about your case and learning more about our experience. To set up a meeting, call us today at (954) 522 4600.

August 17, 2011

Kid injured in hit and run accident

South Florida is considered a growing state and Broward County’s population is growing by leaps and bounds. As you will see across the county there are neighborhoods being built in and around the county, and with these new neighborhoods being built there is the need for schools for the families that will be residing in these neighborhoods.

Recently out in Weston an elementary school student received serious injuries from a hit and run accident. The student apparently ran out of the school yard through an unattended gate right into the street just before his morning line up. Paramedics and police was called out to the scene of the hit and run, he sustained injuries serious enough to be hospitalized. He suffered a broken leg and internal injuries he was hospitalized for a week.

His parents sought legal counsel from a Fort Lauderdale attorney who is experienced in this type of accident injury. They were able to provide the attorney record of the injuries that their son sustained, pictures of the injury and pictures of the immediate area where the hit and run accident occurred. They also provided all the medical bills for the injuries that their son sustained. As I stated earlier there are schools and neighborhoods being built all over Broward County and drivers have to practice their due diligence when driving on the streets and highways, especially through school zones.

Whether you have personally been injured or harmed in a pedestrian accident or whether you are the relative of someone killed as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. A qualified and experienced lawyer in this field can work to get compensation for harm, injuries, distress, medical costs, loss of earnings, and any other damages or expenses that result from the pedestrian accident.

Contact Cohn, Smith & Cohn today for a free evaluation of your case. We have more than 35 years of experience successfully pursuing personal injury lawsuits in the State of Florida, and we are dedicated to getting you the fullest possible compensation for your injuries. At a free consultation, our dedicated attorneys will discuss all of your rights and options with you, to help you determine your best course of action. Because there's no further obligation to you, there's no harm in speaking to us. Contact us online or call us at 954-431-8100 or 305-624-9186 to set up a FREE consultation to discuss your legal options.

August 15, 2011

Injured and its not your property

In my previous blog I touched what you should do should you be injured on someone else's property, seek immediate medical attention; then contact a Personal Injury Attorney to know your rights. Now, I will list a few things that you should NOT do should you be injured on someone else’s property, they are:

• Do not provide any statements to the property owner;
• Do not sign any statements or incident reports;
• Do not say anything that would imply fault on your part.

Depending on where you may have been injured, Personal Injury Attorney’s have found that in many cases, if you suffered the injury on public property the property owner will file a premises liability accident report, and a claims adjuster will contact you to get more information about your injuries. Again, do not give a statement to anyone that contacts you. First, consult with a personal injury attorney that specializes in premises liability cases and will be able to advise you accordingly. Many adjusters are trained to try and persuade you to settle the claim immediately and sign a release, talk to a lawyer first.

Always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation.

If you or someone you love is a victim of a slip and fall injury in Florida, you should contact Cohn, Smith & Cohn to set up a free, confidential consultation, you can call our main office at (954) 431-8100

August 12, 2011

Slip and Fall in Sunrise Lakes

Martha and Tom Divia, and elderly couple living in Pembroke Pines, had a recurring engagement of visiting their friends Lori and Jake John at their condominium in an Over 55 community in Sunrise Lakes every first Saturday of the month to play bridge. This Saturday was no different than any other even though a thunder storm had passed through the Sunrise Lakes neighborhood earlier that day. As the couple was walking up to the front door of their neighbor’s home, Tom slipped and fell on the wet walkway leading up to the front door and suffered an injury.

Paramedics were called to the scene and Tom was taken to the hospital for observation, luckily he was not seriously injured just minor bruises. If you are injured on someone else’s property you should seek medical attention as soon as possible since the severity of injuries may not always apparent. After seeking medical attention you should contact an experienced Personal Injury Attorney to know your rights should you decide to file a claim against the owner of the property or the management company.

If you are the victim of any type of personal injury, you should call Cohn, Smith & Cohn today for a free evaluation of your case. We have more than 35 years of experience successfully pursuing personal injury lawsuits in the State of Florida, and we are dedicated to getting you the fullest possible compensation for your injuries. At a free consultation, our dedicated attorneys will discuss all of your rights and options with you, to help you determine your best course of action. Because there's no further obligation to you, there's no harm in speaking to us. If you or a loved one was injured, contact us online or call us at 954-431-8100 or 305-624-9186 to set up a FREE consultation to discuss your legal options.

August 10, 2011

Injury on Property

On Saturday 29th January, Mrs. Jameson suffered severe and permanent personal injuries when the back yard deck of a house she was visiting collapsed from under her. The house – a foreclosed property in downtown Fort Lauderdale had been listed for sale on the U.S. Department of Housing and Urban Development’s Website and had been examined by HUD inspectors’ prior to Mrs. Jameson’s, visit. They overlooked or ignored the signs of the rotten wood flooring on the back yard deck.

In the collapse, Mrs. Jameson, who was considering purchasing the vacant property had climbed the back steps to the deck to look in the windows, when the floor collapsed. Paramedics were called to the house as she received injuries severe enough for her to be hospitalized. The hospital report from her attending physician states that Mrs. Jameson suffered a mangled foot and a fracture of the ankle from the collapse of the floor. She underwent five surgeries to repair the damage, but was still left with a very restricted range of motion and would require rehabilitation.

Mrs. Jameson’s family sought legal counsel from a Ft. Lauderdale personal injury attorney and presented evidence including medical reports documenting all her injuries to assist in filing her claim.

Should you or a loved one become the victim of a slip and fall injury you should seek legal counsel from an experienced South Florida Personal Injury attorney to know your rights. Please feel free to contact us for your free legal consultation.

August 3, 2011

What is a tort?

Basically a tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. It is different from criminal law in that a crime involves a duty to society, while a tort involves a duty owed to another individual.

In South Florida, torts happen every day. You hear news of people getting assaulted in Fort Lauderdale, Kendall, Miami Beach, Palm Beach, Davie, Jupiter. You hear about batteries that happened in Boca Raton, Coral Gables, Delray, Margate, Homestead, and Miramar. The truth of the matter is the world can be a dangerous place. People must act in a way that does not intentionally harm other people or interfere with their daily lives. However, when people break these rules and violate other people’s rights, tort law recognizes that there are consequences. If you feel that a tort has been committed against you, you should contact your South Florida criminal defense or personal injury attorney immediately. Another class of torts is products liability, when a manufacturer may be responsible for a defective product causing harm.If you have been injured by a product, the manufacturer, distributor or supplier can be held liable to pay for your damages.

Another large class of torts is negligence, where individuals who fail to do what a reasonably prudent person would ordinarily have done (or not done) under certain circumstances can be held liable for the repercussions of their actions. If you have been the victim of one of these torts in Plantation, Palmetto Bay, Tamarac, Tamiami, or Westchester, there is a legal remedy in place that says you should receive compensation for someone causing you harm or injury.

A South Florida personal injury lawyer has vast experience in the Courts in Miami, Fort Lauderdale, and West Palm Beach and they can help you find out what your rights are and get justice for someone else violating your rights.

July 30, 2011

Pool Safety

Pool safety is a priority on all home owners, condo associations, hotels, resorts and the local parks in Sunrise and Plantation. It’s seen all the time on your television and in your local newspapers stories about drowning in pools due to poor supervision. These drowning incidents are sometimes ruled as accidents and no negligence found, but these stories like this one are have become all too common during the summer months in our County.

If you have a pool, it's important to use the following pool safety tips to avoid tragic accidents on your property:

1. Make sure an adult is supervising children at ALL times. Even walking away for a few minutes can lead to tragedy.
2. Contain the pool with some sort of barrier (such as a fence with gates that automatically close) around the pool on all sides.
3. Install alarms on pool gates so that you know if anyone enters the pool area while you're not watching.
4. Use safety covers to prevent drowning while the pool is not actively in use.
5. All adults and children who use the pool should know how to swim.
6. Get basic CPR training and first aid training to help victims in case of an accident.
7. Install an outdoor phone line or keep a cell phone handy to quickly reach emergency services should and accident occur.

With more than one million pools between these three cities: Sunrise, Fort Lauderdale and Plantation, pool safety should be top of mind this summer. If you have experienced the loss of a loved one on someone else's property, it is critical that you contact a Fort Lauderdale personal injury lawyer to represent your case.

July 27, 2011

Injury from a Dog bite

As a practicing Fort Lauderdale personal injury attorney we come across a variety of cases one in particular was a lawsuit filed against Dr. Thom a Fort Lauderdale Plastic Surgeon by his former neighbor Rhoda Marx. Marx claims that the Dr’s dog Max attacked her without provocation or warning, as stated in her personal injury complaint. Marx’s medical report states that she sustained abrasions, cuts, and deep puncture wounds from the bite.

Ms. Marx claimed that Dr. Thom knew that the dog could be unpredictable and had a history of biting persons and other pets. She filed a personal injury claim for compensation for her medical expenses, income loss, general damages, and pain and suffering.

Per Florida’s dog bite statute, a dog owner can be held liable for damages if the dog bites a person who is lawfully allowed to be on the property where the incident happened. The pet owner's prior knowledge of whether or not the dog is vicious is irrelevant. Also, there is a leash law requiring that a dog owner keep the pet on a leash unless it is confined to the home or within a fenced property. Depending on the circumstances surrounding the incident, if the attack occurred on property that is not owned by the dog owner, the premise owner may also be held liable.

Unfortunately, dog bite accidents happen. While owners must do what they can to prevent such incidents from happening, there are also steps you can take to protect yourself. If you or family members are a victim of a dog bite incident contact your Fort Lauderdale Personal Injury attorney to discuss your rights.

July 24, 2011

Texting and Driving

Police departments across Broward County announced in Fort Lauderdale its new Countywide Anti-Texting Campaign. The Program is designed to warn drivers about the dangers of texting and driving. The various police departments all pointed out that texting while driving has lead to many serious automobile and truck accidents in the South Florida. According to the Fort Lauderdale Police department, one of their recent studies found that texting while driving increased a driver's chances of being involved in a car wreck by more than 23 times.

Florida statistics show that cell phone usage contributed to more than 1,780 traffic car crashes in the State of Florida in the year 2009 alone. These motor vehicle accidents have caused serious injuries and death. As stated by the various Broward County Police departments, distracted drivers cause many of the traffic accidents in South Florida every year. Of these accidents, cell phone use is the number one distraction.

Fort Lauderdale auto accident attorney’s knows, car accidents involving drivers who are texting, talking on the cell phone or otherwise distracted happen too often. We have had a number of cases where the defendant driver is suspected of being on the cell phone at that time he or she caused a car accident. In those cases, your accident attorney will frequently ask the defendant to identify his or her cell phone provider, so that he/she can subpoena the cell phone provider's records to try to determine whether the defendant was using a cell phone around the time of the car accident. In some cases, cell phone usage may merit that your personal injury attorney include a count for punitive damages in their lawsuit for personal injuries. In effect, Fort Lauderdale injury Attorney’s are asking the court or jury in Broward to award punitive damages to an injured person in order to, among other things, deter similar conduct in the future.

Always remember to contact an experienced South Florida Attorney should you find yourself a victim of a car accident.

July 22, 2011

Slip and Fall Accident at a Grocery

Grocery or food shopping is a weekly errand for everyone. On any given day during the week supermarkets across Broward County are full of shoppers. Margaret McPherson running her usual errands last Saturday, was at in the checkout line of an Albertson's in Davie, FL when her bag slipped as the clerk was handing it to her, Margaret bent over to prevent the bag from falling and spilling the groceries across the floor. She rested her hand on the credit card machine stand for support when it gave away and she fell to the floor. As minor as this injury may have seemed EMT's were called to the grocery by the store manager.

Margaret's received injuries serious for her to be hospitalized caused her loss of wages, and medical costs as she suffered serious damage to her knee and required surgery. She sought legal counsel from a Personal Injury Attorney practicing in Sunrise, Florida to ensure she received proper compensation from her injuries sustained from the fall.

In Fort Lauderdale we come across numerous slip and fall cases or personal injuries where claims are filed against businesses due to their own negligence. Should you or a loved one be the victim of a slip and fall injury you should seek legal counsel from an experienced South Florida personal injury attorney to know your rights.

July 20, 2011

Cruise Ship Industry

When you say South Florida you think sun, sand, South Beach and cruising. The Port of Everglades in Fort Lauderdale can now be called the home of Cruise ships with some of the largest ships making this port their home. Cruise ships may look sparkling clean and safe, but behind the surface lays an industry that lacks formal regulation and accountability for what occurs on-board. As an experienced Fort Lauderdale attorney practicing law for over 30 years, we have come across many incidents on board cruise ships that go unreported from sexual crimes, violent assaults covered up by ship personnel, to passengers that go missing — never to be seen again.

Most people are shocked when they learn just how poorly regulated the cruise industry is or how easily victims can find themselves with no recourse for the harm they may have suffered. Personal injury attorney’s have represented victims of these cruise ship mishaps and accidents or the families of these victims in any way we can to ensure that proper compensation is received. Attorneys have been working behind the scenes to ensure that the appropriate regulations and safeguards are enacted by Congress — so that dream vacations don’t turn into nightmares.

Should you be on your dream vacation cruising through the Caribbean and you find yourself a victim of personal injury on board the cruise ship, you should seek legal counsel from an experienced South Florida attorney to know your rights, and to ensure you are properly compensated.

July 19, 2011

Car Accident with Injuries

Last Monday Dr. Yohan Jameson, a former surgeon, was driving his sports utility vehicle, at the intersection of State Road 7/ 441 and Pembroke Road where he ignored a red light and collided with a car causing serious injury to the driver and passenger, Mrs. Yates a school administrator and her 10-year-old daughter Melanie, from Pembroke Pines. Mrs. Yates and her daughter Melanie suffered injuries from the accident serious enough for them to be taken to the hospital for observation, Dr. Jameson suffered minor injuries and was released at the scene.

Reports taken from the scene of the accident stated that the physician was given a sobriety test as it was alleged that he was driving under the influence. After investigation by Mrs. Y’s attorney, it was revealed that the surgeon has three previous convictions for driving while under the influence of intoxicants. The police report also stated that he may have also ingested a combination of prescription drugs prior to the accident.

Mrs. Yates and her family sought legal counsel from Personal Injury Attorney in Davie, to assist in filing personal injury claims against the surgeon for loss of wages, damages to her vehicle and compensation for medical bills for herself and her daughter from the injuries sustained from the accident.

Contact an experienced South Florida Personal Injury attorney who will advise you of your legal rights and ensure you receive proper compensation for your loss and damages you may have incurred.

July 15, 2011

Cyclist BEWARE

Yesterday whilst on my way back home, I was at the traffic light on the corner of Oakland Park Boulevard and Nob Hill Road in Sunrise, waiting to head south on Nob Hill Road. It was around 9.00pm and the traffic was flowing on Nob Hill Road in both directions. To my disbelief a cyclist heading north on Nob Hill Road was crossing Oakland Park Boulevard, the cyclist had on no reflective or protective clothing, nor did he have any identifying lights on his bike. There was a car heading south on Nob Hill Road, making the left turn onto Oakland Park Boulevard just barely missed the cyclist. Luckily no one was injured but this could have gone extremely wrong, the driver of the car would have not seen the cyclist crossing the intersection and would have definitely hit the cyclist ending in serious injury.

Police and City Officials across Broward and Miami-Dade County have been asking that bicyclist and motor cyclist practice safe riding habits. Always wear protective clothing a helmet and goggles, reflective clothing to ensure other users on the road can see you. When riding at night or between sunset and sunrise your bicycle must have a lamp/light on the front of the bike exhibiting a white light visible from 500 feet to the front, your bike must also be equipped with a red reflector and a lamp on the rear and must be visible from 600 feet to the rear, additional lighting is also permitted and recommended.

Continue reading "Cyclist BEWARE" »

July 12, 2011

Motorcycle Accidents caused by Hit-And-Run Drivers

For the upcoming blogs I will be going over some scenarios that as an attorney practicing in Fort Lauderdale, I deal with daily. If you have been the victim of personal injury always seek legal counsel to ensure that you receive proper compensation for your injuries.

Fort Lauderdale injury attorney’s knows that accidents involving motor cyclist almost always result in serious injuries to both rider and passenger. In some cases, these accidents can end in death for one of the two or sometimes both. Motor cyclist have to be on their “P’s and Q’s” daily on the roads always being conscious of their surroundings. I have worked on cases where motor cyclists and their passengers have been seriously injured as a result of these hit and run drivers. In some cases, police reports state that the driver stops only to drive off, or they do not stop at all, therefore not realizing the damages they have caused.

These types of accidents are becoming more and more common on the roads of Broward County from Miramar to Margate and Coral Springs including cities such as Sunrise, Davie, Cooper City, Pembroke Pines and Plantation, especially along the Interstates I-95 and the I-595. Florida law provides that if someone negligently injures or kills someone and there are aggravating circumstances involved, such as failing to render aid, and leaving the scene of the accident, the offending party may be liable for punitive damages.

Continue reading "Motorcycle Accidents caused by Hit-And-Run Drivers" »

June 24, 2011

Personal Injury due to Skateboard Accident

In Fort Lauderdale, Sunrise, Plantation, Weston and many other cities across Broward County kids and teens can be seen maneuvering their skateboards in all the plazas in these cities. We have found that in many cases, a skateboarding accident normally results from someone else's negligence.

Skateboarders are often unseen or distracted, and inattentive drivers of motor vehicles forget that they can share the road as well as bicyclists. Even if these kids follow the rules and practice their own safety tips while skateboarding, they can still be hit by negligent drivers.

Hospital emergency rooms state that approximately 26,000 skateboarders are injured yearly. Most of these skateboard injuries can stem from sprains, fractures, contusions and abrasions; these are some of the most common types of injuries.

Some of the factors that can be taken into consideration and that can add to the reasons for some of these accidents besides driver negligence, are the rider may not be wearing the proper protective equipment, poor board maintenance, and irregular riding surfaces.
Skateboard riding requires good balance and body control, yet many young skateboarders have not developed the necessary balance and do not react quickly enough to prevent injury.

Our office has also seen that these injuries happen mainly to the following:

Almost every 6 out of 10 kids under the age of 15 are more susceptible to injuries due to lack of experience on their board;
Skaters with a year or more of experience have the next highest number of injuries as they are the ‘risk ‘ takers - willing to try more tricks on their boards;
Riding surfaces that are uneven such as surfaces that have holes bumps rocks and other debris account for over half of the skating injuries leading to falls. Before riding, skaters should screen the area where they will be riding by checking for holes, bumps, rocks and any debris.
Skating in the street can result in collisions with cars causing serious injury and even death.
Experienced skaters mainly suffer injuries when they fall after they strike rocks and other irregularities in the riding surface or when they attempt difficult stunts.

South Florida known as the “Sunshine State” is home to many skateboarders, hence the reason why there has been a rise in injuries, mainly from driver negligence. Should you or a loved one be the victim of personal injury due to driver negligence while riding a skateboard you should seek legal counsel for your minor to ensure that you are compensated for damages and medical bills should you decide to file claim.

June 1, 2011

FLYING DEBRIS ON I-95

On the local news a few days ago, I saw a story about a couple that was travelling on the I-95 when a huge chunk of heavy metal came up from the road and flew through the windshield of the car, as the driver attempted to avoid the debris it was her friend who was struck in the face causing severe injury.

According to the report on WSVN 7 News, the driver was travelling southbound on the Interstate 95 when the accident occurred. The female who was driving recalls that by the time she realized that the car was going to be hit by the object, it was too late to swerve to avoid the flying debris and her friend was struck in the face. She stated that she never thought it would have been such a huge piece of metal. The male passenger was struck in the face, mouth and the throat causing him to bleed and drift in and out of consciousness.

The first reaction in a situation like this is to panic as you are unsure about the extent of injury that your passenger has received. The young man eventually calmed down the driver as she was extremely shaken up by the incident. The diver exited the highway on to Hollywood Blvd and flagged down an ambulance which she then followed to Memorial Regional Hospital in Hollywood. The young man was treated at the hospital and later released; he received stitches to the mouth and will also require dental work as the impact of the metal object caused several of his front teeth to get knocked out. The couple is now trying to determine who was responsible for the incident.

Being an attorney and practicing personal injury law in Fort Lauderdale, I would recommend to the young couple that they to record all the damages done to their vehicle, and to keep record of all his medical bills including the dental costs that he will incur due to his injury to support his claim.
Should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated for the damages to yourself and the vehicle involved.

May 6, 2011

Fault vs. No-Fault Automobile Insurance

Personal injury ruling varies by state to state, but there are two basic legal frameworks that control who pays “fault and no-fault” (this is called “economic liability") for damages and personal injury caused by vehicular accidents. In simple terms, the fault system requires that “fault” be determined through an investigation by the Insurance Company involved and/or judgment by the court before any economic responsibility is assigned.
Normally, whomever is found legally at fault be in Cooper City, Hollywood, Margate or Pembroke Pines, the "at fault" party pays the accident victim for any cost incurred, due to personal injury, vehicle replacement, and/or vehicle repairs.

The “no-fault” system is easier by providing the accident victim with immediate compensation, regardless of who is at fault. Both systems are in use throughout the US and some states even have a combination of both, causing us the personal injury attorney representing the accident victim to address the “pros and cons” of each.

Florida is considered a “no-fault” state, and the issue of fault and negligence in any personal injury case is always a concern, when seeking money for a victim of a car accident caused by another. Therefore, clear understanding of the accident victim's insurance policy and the limits and fault as stated in the said policy will impact the case, and is crucial to a clients overall understanding of their claim for damages and the litigation process. Insurance companies will work hard to deny you adequate coverage and an experienced lawyer can help you recover damages for your injuries. Be sure to call a personal injury attorney to handle your case in the county in which the accident took place Dade, Broward, Palm Beach, or any similar jurisdiction.

May 3, 2011

Teen injured in Hit and Run

A teenaged pedestrian was seriously injured in an auto accident, crossing an intersection near Sunrise Boulevard and Pine Island Road. The Police report indicated that the teen was crossing a driveway at the Plantation Shopping Plaza when she was struck by a vehicle entering the plaza from Pine Island Road. Sunrise Police was called to the scene and got statement from witnesses. They obtained a description of the vehicle a black truck and a partial license plate number. The young woman was taken to a Broward Hospital as she was in critical condition from the injuries she received. The driver did not stick around it was unfortunately a hit and run accident.

Of course, it is possible that the identity of the driver of the vehicle in this accident will never be determined. In this case, the pedestrian would not be able to pursue a claim until the person or vehicle owner is identified. If the owner of the vehicle is found, an unknown, unidentified or "phantom driver" is considered the operator of the motor vehicle, in Florida, for which an uninsured motorist claim can be sought. This is separate from an underinsured motorist claim. An underinsured motorist claim applies when the identity of the driver is known and the driver had liability insurance, but the liability insurance is not sufficient to compensate the injured accident victim.

Attorneys located in Broward County, handle personal injury cases throughout the county including cities such as Sunrise, Weston, Fort Lauderdale, Davie, Margate, Plantation, Miramar, Pembroke Pines and Cooper City. Should you decide to seek compensation for any injuries you sustained, contact an experienced personal injury attorney in any one of these cities for legal counsel.

April 30, 2011

Check Cashing Store Accident

The Broward Sheriff’s Office was investigating a traffic accident in which a white sedan crashed into a storefront window. The accident occurred at The Check Cashing Store in Davie, west of Interstate 95, just around 5.30pm on a Friday. A man had just entered the Davie Check Cashing Store to cash his paycheck, when the accident occurred. The man was about to step up to the cashier counter when a car suddenly crashed through the store window, the driver of the vehicle apparently made an attempt to reverse out of a parking spot but had to stop and pull forward back into the spot to avoid hitting a pedestrian crossing behind his car, once the pedestrian had crossed, the vehicle driver made another attempt to reverse out, but forgot that he had put the car in drive, and that was when his car crashed through the store front window injuring the man at the cashier counter.

Emergency Rescue took the driver and the injured man to a Broward hospital, luckily the injuries they sustained were not major, but the innocent by standard’s injuries were serious enough for him to be hospitalized for at least a twenty four hour observation.

The man that was injured sought legal counsel from an experienced Fort Lauderdale personal injury attorney to secure his rights and to seek proper compensation.

Should you or a loved one become the victim of an accident, contact a personal injury attorney to ensure you receive proper compensation for any injuries you may have sustained.

April 28, 2011

Use of Photographs when filing a claim

Photographs are an important tool when being used as evidence to document an injury, whether you were a victim of a vehicular accident, a slip and fall injury, or any injury caused by the negligence of another person(s) or business. Victims have used their mobile and cell phones as they have built in cameras, to document these injuries or record the scene of the accident. We typically advise clients to take photographs with any camera available to ensure the photographs clearly document the injuries or the scene of the accident soon after it happens.

Personal Injury Attorneys practicing in Fort Lauderdale, Davie, Sunrise and Cooper City, advise that you should always document your injuries and keep all your medical records should you decide to file a personal injury claim. Photographs have been pivotal in documenting some of the following: vehicle damage; the scene of the accident from all angles including the road and the surrounding terrain or area.

If you were the victim of a slip and fall injury photographs will document the area where the injury occurred: wet or dangerous floors, parking lots, stairs, escalators and other conditions that may have caused the injury. Photographs will also assist in keeping record of your injuries: lacerations, burns, cuts, stitches, staples, and surgical incisions, Facial and or eye injuries and bruises, welts or any scarring. If you do not have a camera, ask to borrow one or buy a disposable camera.

Sometimes, the photograph is the most important evidence when presented in court to support a claim or lawsuit. Of course, always seek legal advice; from a South Florida attorney should you decide to file a claim.