South Florida Injury Attorney Blog

A federal statute regulating locomotive safety preempts a state products liability and wrongful death lawsuit, according to the U.S. Supreme Court. A former railroad worker, and later his estate, sued multiple companies, alleging that exposure to asbestos in their products while he was a railroad employee caused his cancer. In Kurns v. Railroad Friction Products Corp., 132 S. Ct. 1261 (2012), the Supreme Court affirmed lower court judgments dismissing the lawsuit due to federal preemption.

George Corson, the decedent, worked for nearly three decades as a machinist and welder for the Chicago, Milwaukee, St. Paul & Pacific Railroad. He worked in locomotive repair, installing brakeshoes; and in locomotive maintenance, removing boiler insulation. He ceased employment with the railroad in 1974, and received a diagnosis of malignant mesothelioma in 2005. He and his wife filed a lawsuit in Pennsylvania state court in 2007 naming fifty-nine defendants, including Railroad Friction Products Corporation (RFPC) and Viad Corp. The lawsuit alleged that RFPC distributed products containing asbestos, and that Viad succeeded a company that manufactured and distributed products containing asbestos. The plaintiffs asserted causes of action for defective design and failure to warn of danger. Corson died after filing suit, and the court substituted his executor, Gloria Kurns, as a plaintiff.

The defendants removed the case to the federal district court for the Eastern District of Pennsylvania. That court granted their motion for summary judgment based on the argument that the Locomotive Inspection Act (LIA), 49 U.S.C. § 20701 et seq., preempted state claims for damages. The statute, enacted in 1911, requires “railroad carriers” to maintain locomotive equipment in safe working order. 49 U.S.C. § 20701(1). The Supreme Court held that the LIA preempts state claims for injuries by both railroad passengers and rail workers in Napier v. Atlantic Coast Line Railroad Co., 272 U.S. 605 (1926). The Third Circuit Court of Appeals affirmed the district court’s ruling, and the plaintiffs appealed.

Continue reading "Supreme Court Finds that Federal Law Preempts State Asbestos Lawsuit: Kurns v. Railroad Friction Products Corp." »

A 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.

Continue reading "Fatal Florida Parasailing Accident Prompts Calls for Formal Safety Standards" »

The alleged failure of software used to monitor police vehicles, which formed the basis of a wrongful death lawsuit against the software developer, is not covered by the developer’s liability insurance policy, according to the U.S. District Court for the Southern District of Florida in Maryland Casualty Company v. Smartcop, Inc., et al. The estate of a sheriff’s deputy killed in a police vehicle sued the software developer, and the developer’s insurance company filed a declaratory judgment action to establish its obligations to its insured. The court granted the insurance company’s motion for summary judgment on Friday, September 21, 2012, ruling that the underlying lawsuit was excluded from coverage under the policy.

Maryland Casualty Company sued Smartcop, which did business as Consolidated Technology Solutions (CTS), and Lazaro Guerrero, who represented the Estate of Melissa Powers, to determine its duty to defend or indemnify CTS in a state lawsuit filed by Guerrero. The state lawsuit arose from the death of Powers, a Monroe County sheriff’s deputy, in a car accident in Key Largo on the night of June 22, 2010.

According to the Orlando Sentinel, Powers was driving in emergency mode at about 106 miles per hour when she swerved to pass another vehicle. She reportedly lost control of her patrol car and hit a parked truck. Monroe County subsequently changed its policies regarding when its officers may drive in emergency mode. CTS had provided software to the county sheriff’s department to monitor its vehicles in 2002. Guerrero filed a lawsuit against various parties, including CTS, alleging that Powers’ death resulted from CTS’s negligent failure to maintain or update the software.

Continue reading "Florida Court Rules on Question of Insurance Coverage for Negligence and Wrongful Death Claim: Maryland Casualty Company v. Smartcop, Inc." »

The family of a Florida woman killed in the crossfire of a drug-related gun fight last year has settled their lawsuit against the owner of the apartment building where she lived, and where the shooting occurred. In a wrongful death lawsuit, the family claimed that the building owner knew of significant risks of violent criminal activity in the vicinity of the building, but failed to take reasonable steps to protect the tenants. The company that owns the building will reportedly pay $1 million to settle the family’s suit.

The incident giving rise to the lawsuit occurred on Tuesday, August 30, 2011, at the Prince Street Apartments in Jacksonville, Florida. A fight between several men in the courtyard of the building turned into a gunfight, with at least two men shooting at each other. One of the gunmen and the other gunman’s companion were killed in the fight. Several people were injured, including a sixteen month-old boy who was shot in the head but recovered. A resident of the building, nineteen year-old Danielle Melton, was also shot and killed. The remaining gunman, Theodist Richardson, is charged with murder and is currently set for trial in November 2012.

Melton left twin infant sons, who now live with their grandmother. Melton’s mother, 36 year-old Michelle Rockett, became the executor of Melton’s estate and the guardian of her sons. She retained counsel to investigate the incident, and reportedly discovered that the apartment owner had failed to secure the premises and protect the tenants from violent crime. In the three years prior to the shooting, they identified forty-five police reports of violent crime on or near the property. These reports included home burglaries, robberies, and multiple instances of aggravated battery. Within a five hundred foot radius of the building, they found 104 reports of violent crime for the time period.

Continue reading "Florida Apartment Building Owner Settles Wrongful Death Suit with Family of Crime Victim for $1 Million" »

The family of a nine year-old boy who died in a March 2012 school bus crash in Fort Pierce, Florida have filed a wrongful death lawsuit against the driver of the semi truck that hit the school bus and the trucking company that employed the driver. They have also filed a claim against the school district, asserting that the school bus driver, and therefore the school district, is also liable. Because the school district is a government agency, the family must first present its claim to the state before attempting to file a lawsuit.

An investigation by the Florida Highway Patrol (FHP) concluded that neither the driver of the school bus nor the driver of the semi truck should face criminal charges for the accident that occurred on March 26, 2012. A school bus driver with the St. Lucie County School District reportedly made a left turn into the path of an oncoming semi truck at about 3:45 p.m., while transporting thirty elementary school students. The semi truck collided with the school bus, causing the bus to spin 180 degrees and the truck to flip over. Nineteen people on board the school bus, including eighteen children and the 56 year-old driver, were injured. One passenger, nine year-old Aaron Beauchamp, was killed in the collision. The driver of the semi truck was not injured.

Continue reading "Florida Family Files Wrongful Death Lawsuit Over School Bus Crash" »

A dispute over insurance coverage has developed between a Florida homeowners’ association (HOA) and its insurer after the mother of slain 17 year-old Trayvon Martin claimed compensation for the death of her son. Martin was shot and killed by a resident in the neighborhood represented by the HOA. The insurance company filed a declaratory action in an Orlando federal court asking the court to declare that it is not responsible for covering the HOA on the mother’s claim.

The Trayvon Martin case has become well-known and highly controversial. Martin was visiting his father, who lived in a gated community in Sanford. The teenager was allegedly walking home from the store on the night of February 26, 2012, when he was shot and killed by 28 year-old George Zimmerman, a neighborhood watch volunteer who claimed that he acted in self-defense. Martin’s family says that Zimmerman singled their son out because he was African-American, followed him through the neighborhood, and incited an altercation. Police arrested Zimmerman forty-four days after Martin’s death and charged him with second-degree murder. Zimmerman has entered a plea of not guilty and is out of jail with a $1 million bond.

Martin’s mother, Sybrina Fulton, filed a claim with Travelers Insurance, which covers the Retreat at Twin Lakes HOA. She requested in excess of $75,000 in damages for Martin’s death. She also filed a claim with the Florida Bureau of Victim Compensation, and was approved in March for a payment from the Crimes Compensation Trust Fund. Her claim to Travelers drew a quick response.

Continue reading "Insurance Dispute Arises in Civil Claim for Compensation in Trayvon Martin Case" »

The mother of a high school football player who died during pre-season practice last summer announced her intention to file a lawsuit against the school system. She alleges that the school and its athletic department failed to adequately protect its players against heat-related injuries. Changes to the rules governing summer practices may help prevent future incidents in Florida high school football, but heat stroke and other injuries remain a serious problem for athletes around the country.

Isaiah Laurencin played in the offensive line of Miramar High School’s football team. The 16 year-old was 6-feet-3-inches tall, weighed 286 pounds, and had reportedly drawn the attention of college scouts. He collapsed on the field during conditioning drills at about 5:00 p.m. on Tuesday, July 26, 2011. Doctors pronounced him dead at the hospital the following morning. The medical examiner ruled Laurencin’s death “natural,” saying it resulted from sickle cell trait anemia, which caused cardiac arrest due to physical exertion. Sickle cell anemia can cause heightened sensitivity to heat, and therefore higher susceptibility to heat stroke. Laurencin also reportedly suffered from asthma and hypertension.

Continue reading "Lawsuit Planned Against Broward County School System Over High School Football Player's Death" »

A bicycle accident resulted in the death of a Coral Springs teenager who had been riding on the bicycle’s handlebars and was hit by a car. Police are reportedly searching for the person operating the bicycle, who fled the scene. No charges have been filed against the driver of the automobile.

The accident occurred just before 10:00 p.m. on Friday, July 6, 2012. A 1989 Lincoln was heading east on Royal Palm Boulevard. At the same time, a bicycle with a 16 year-old passenger riding on the handlebars attempted to cross the street heading north. The bicycle’s operator reportedly stopped abruptly, causing the passenger to stumble into the Lincoln’s path. The Lincoln then struck the teen. The injured teenager was transported to a hospital, where he died from his injuries on July 12. The operator of the bicycle, who remained unidentified as of the most recent reporting on the story, fled the scene on foot, heading east. The driver of the Lincoln was not injured.

Continue reading "Teen Killed in Coral Springs Bicycle Accident" »

A driver’s attempt to pass another vehicle on the shoulder of Interstate 95 may have caused a three-car accident that left one person dead. The accident closed down the highway for four hours on a Saturday evening as investigators attempted to piece together the chain of events. The accident involved four people. One person was killed in the accident, and another was seriously injured. The other two people reportedly did not suffer injuries.

The accident occurred at approximately 6:30 p.m. on Saturday, July 14, 2012, in the southbound lanes of Interstate 95 in Fort Lauderdale. A man driving a 1999 Isuzu Rodeo reportedly attempted to use the right shoulder of the highway to pass a Ford Mustang. While changing lanes off of the shoulder after passing the Mustang, the Rodeo apparently clipped the Mustang’s front. This caused the Rodeo’s driver to lose control, and his vehicle flipped over. The Mustang veered to the left after the impact, colliding with a 2004 Volvo C70.

A 52 year-old passenger in the Rodeo was thrown from the vehicle when it rolled over. He was reportedly not wearing a seatbelt. Emergency responders pronounced him dead at the scene. The driver of the Rodeo was taken to the hospital with injuries described as “serious.” The drivers of the Mustang and the Volvo were not injured in the collision.

Continue reading "Fatal Car Crash on Fort Lauderdale Highway Results from Attempt to Pass on the Shoulder" »

An alleged drunk driver crashed his pickup truck into a legendary Miami soul food restaurant the weekend before the 4th of July, killing two people and destroying the restaurant’s front. The driver now faces DUI manslaughter charges and multiple charges for driving under the influence, including several charges of DUI with property damage.

At about 8:30 p.m. on Saturday, June 30, 2012, several men were standing outside Jumbo’s Restaurant in Miami’s Liberty City neighborhood. Ken Knight, on of Jumbo’s owners, was talking to two regulars of the restaurant, Wilton Harris and Al Jo Hamlin. Harris and Hamlin, both of whom were pastors, had reportedly just come from a memorial for a Jumbo’s waitress who had died of cancer. Suddenly, according to Knight, a white pickup truck veered off of the street, into the parking lot, and directly towards the restaurant. Other witnesses said they saw the truck speed up as it approached Jumbo’s. Knight said he heard a boom and a crash. The pickup truck had hit a car parked in front of the restaurant, pushing it through the restaurant’s glass windows. The collision threw Hamlin through the window into the restaurant. Knight found Harris pinned under a truck. Both men were killed on impact. About eleven people were in the restaurant, but none of them were injured.

Continue reading "Two Fatalities When Pickup Truck Crashes Into Miami Restaurant" »

A 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.

Continue reading "Florida Receives Average Score in Advocacy Group's Injury Prevention Ranking" »

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.

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" »

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.

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

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

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

Read more...

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

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

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

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

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

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

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

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

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

The 2011 Florida Statutes

Chapter 776 JUSTIFIABLE USE OF FORCE cont'd

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

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

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

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

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

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

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

The 2011 Florida Statutes

Chapter 776 JUSTIFIABLE USE OF FORCE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BSO is looking into the circumstances surrounding the drowning.

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

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

Continue reading "Oakland Park drowning " »

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

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

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

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

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

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

Continue reading "NEWS - Cyclist is remembered " »

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" »

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.

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.

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.

South Florida Attorneys have filed numerous cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. They can encompass a vast array of types of cases but they all have one thing in common: Tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in retreat activities, particularly because they are focused on relaxing and enjoying their leisure activities and pleasant surroundings.

South Florida is a resort destination, and due to our year round perfect weather this promotes all kinds of resort activities, these torts occur with great frequency here. Tourists are less attentive to dangers because they are in a strange place and are focused on enjoying the surroundings.

A 35-year-old man, was playing golf with a friend one evening and near the 17th hole, two masked man stepped out of the bushes and attempted to rob them. The 35-year-old man was shot in the back. His friend was was not injured. Although the gunshot victim was rushed to North Broward Medical Center by Fire Rescue he died a few days later. Are golf courses responsible for security or safety of the players?

With an abundance of resorts and golf courses across Broward County, in cities such as Fort Lauderdale, Plantation, Sunrise and Davie to name a few, negligent premises security is a serious matter and is sometimes a factor in incidents that occur at resort and recreational facilities including hotels, amusement parks, nightclubs, casinos, etc. Negligent security and safety measures can give way to injuries, criminal acts and violent attacks.
Always contact your South Florida Attorney to know your rights should you decide to file claim.

As a Pembroke Pines motorcycle accident lawyer, I was sorry to read about the death of a motorcyclist hit by a driver in West Palm last week. As the South Florida Sun-Sentinel reported Jan. 29, that motorcyclist was identified Saturday as William Haythorn, who would have been 55 on Jan. 31. Haythorn died when a driver made a turn in front of him on the afternoon of Jan. 28. Vanessa Verdieu, 23, reportedly failed to yield to the motorcycle when she pulled out of a shopping center. It wasn’t reported whether Verdieu would face any criminal charges in relation to the crash.

According to an earlier article from the Palm Beach Post, the crash happened at around 3:15 p.m. on South Military Trail. Haythorn was heading south on Military Trail when Verdieu, in a silver sedan, pulled out of the Coco Plum Plaza and attempted to cross the road. Investigators from the Palm Beach County Sheriff’s Office said Verdieu failed to yield to Haythorn. Haythorn tried to avoid the car, but could not and was thrown from his motorcycle by the ensuing crash. Emergency workers took him to St. Mary’s Medical Center, where he was pronounced dead. No injuries to Verdieu were reported. The crash was serious enough to close the 2700 block of South Military Trail entirely as medics and law enforcement officers worked.

As a Miramar motorcycle accident attorney, I’d be interested to know whether Verdieu will face criminal charges. From the description in this article, it seems likely that she was or will be determined to be at fault in this crash. After all, “failure to yield” suggests that yielding was her correct role at the time. However, the term might mislead readers into believing that she intentionally failed to yield. In my experience, “failure to yield” is much more often a failure to notice that there was another vehicle coming. This is especially true in multi-vehicle motorcycle crashes, which are statistically most likely to be caused by another motorist’s failure to see the motorcycle. It’s easy to miss even obvious bikes when you aren’t expecting to see them, and thus fail to look or listen for them.

Continue reading "Police Identify Motorcyclist Killed in Crash With At-Fault Driver in West Palm Beach" »

As a Weston auto accident attorney, I was sorry to read about a major tanker truck accident that killed the truck driver as well as the driver of a pickup. As Florida Today reported Jan. 29, the police have released the names of Alexandra Marie Dugas, 19, and John Larchen Lynch, 42, both of whom were killed in the Jan. 21 accident. Dugas, of Merritt Island, reportedly rear-ended Lynch’s 18-wheeler in her Ford F-150, tipping both vehicles over. The crash unfortunately caused the 8,700 gallons of gasoline in the tanker part of the truck to explode, killing both drivers. The explosion also destroyed the Florida 528/Bennett Causeway overpass above Courtenay Parkway on Merritt Island, disrupting traffic around the area until at least mid-February.

Lynch, of Lauderhill, was reportedly driving west on 528 in the tanker truck when he was rear-ended by Dugas, in the pickup truck. The pickup truck overturned and rolled into the area formed by the 528 overpass over Courtenay Parkway, where it stopped on a concrete embankment. The large truck’s cab smashed through a guardrail into the eastbound side of the highway, while the tanker containing the gasoline fell off the bridge and landed next to the pickup, triggering the explosion. The ensuing fire killed both drivers and burned nearly all of the gasoline; Lynch was identified through dental records. Dugas was not officially identified, but family and friends confirmed to the newspaper that she was the other driver involved.

A friend of the Dugas family, Sandy Torres of Orlando, said the family had already been struggling financially and was not prepared for the costs related to the death of their 19-year-old daughter. As a Pompano Beach car accident lawyer, I’m sorry to say that very few families of ordinary means are prepared for a terrible accident like this. Money is not the top concern when a family member dies, of course, but it quickly becomes an issue when bills for a funeral, medical treatment and other costs come in. It can be an issue even sooner when the victim was a wage-earner who supported or helped support the family. When someone else caused the death out of carelessness, however, our firm can help the family recover those costs and others from the at-fault driver.

Continue reading "Tanker Truck Crash and Explosion in Brevard County Kills Two and Destroys Overpass" »

As a Pembroke Pines motorcycle accident lawyer, I was pleased to see a large jury award for the widow and children of a man killed in a crash with an at-fault driver. The Naples News reported Jan. 19 that a Collier County jury awarded $5.3 million in damages in the death of Andrew Corsini, 49, and injuries to his wife, Melissa Corsini. They were on separate motorcycles on May 17, 2009, when driver Carlos Riol, 77, swerved into oncoming traffic and hit Andrew Corsini’s motorcycle. The jury award included compensation for her injuries and his death; thousands in medical bills; and the loss of Andrew Corsini’s income as the deputy special agent in charge of ICE’s Miami office. Damages also went to the couple’s four children, ages 16 to 25, and one three-year-old grandson.

Right after the crash, Riol went to traffic court for a ticket for failure to maintain his lane. In that court, an FHP trooper testified be believed Riol had fallen asleep. A witness at the Corsinis’ trial testified at trial that Riol moved into oncoming traffic without braking, causing Corsini to swerve suddenly. Unfortunately, Corsini was not able to avoid hitting Riol’s Jeep, and he was thrown from his bike. The Jeep overturned on the shoulder of the road and Corsini’s motorcycle went into his wife’s motorcycle’s path. Andrew Corsini suffered severe internal injuries; Melissa Corsini suffered a concussion, broken bones and other injuries that limit her physical activity. The jury award includes compensation for those limits, pain and suffering and medical bills, as well as the loss of Andrew Corsini’s companionship, support, services and income.

As a Coral Springs motorcycle accident attorney, I’d like to note that the article briefly addresses the issue of whether Andrew Corsini was wearing a helmet. He was not, but Melissa Corsini was. However, that doesn’t mean a helmet would necessarily have saved his life. According to the article, the medical examiner for Collier County found that wearing a helmet wouldn’t have helped because Corsini’s internal organs were very badly damaged in the accident, including a rip to the aorta, a major blood vessel leading to the heart. In my experience, insurance companies for at-fault drivers like to argue that riders who aren’t at fault for the accident itself are to blame for their injuries because they chose to not wear a helmet. Sometimes, they make this argument even when the injuries weren’t head injuries. Nonetheless, choosing not to wear a helmet is legal in Florida, and juries can and often do see through these “blame the victim” arguments.

Continue reading "Family of Motorcyclist Killed in Crash Awarded $5.3 Million in Injury Lawsuit" »

As a Miramar bicycle accident attorney, I was sorry to see a report about the death of a young boy on a bicycle trip with his father. Andrew Curtis, 9, was killed in an accident with a van on U.S. 1 in Jupiter. The Palm Beach Post reported Jan. 18 that Curtis was crossing the driveway to a condo building when Helen Bygel, 81, tried to pull out of the driveway. Curtis sustained serious injuries and was airlifted to St. Mary’s Medical Center, but died there. No injuries to Bygel or to the father were reported, and the article did not mention a criminal investigation. A neighbor who witnessed the crash, Patty Christman, said Curtis was wearing a helmet.

The crash took place at about 5:15 p.m. on Jan. 16. The boy and his father had apparently just visited the Publix up the highway from the Villas on the Green condominium building. Christman, who lives in the same condo building as Bygel, said they had a children’s movie and a bag of oranges. After she heard the crash, she said, she ran to the scene. She is now holding on to the father’s bicycle for safekeeping. A previous report from the Palm Beach Post said both bicycles were being ridden on the sidewalk. Christman told the newspaper that the entrance to the building is dangerous because residents typically don’t look right when they pull out of the driveway, only left.

Christman didn’t connect that behavior to Bygel or suggest that she was at fault for the crash. However, as a Margate bicycle accident lawyer, I think there’s a strong possibility that Bygel may not have been careful enough. Everyone who drives has seen drivers who cruise through right turns and stop signs without checking for bicyclists or pedestrians. In addition, Florida law actually requires drivers to leave three feet of roadway on the right for bicycles, and generally take steps to share the road. If Bygel failed to pay close enough attention before making her turn, she could be criminally charged in this little boy’s death. Even if she’s not, evidence of careless driving would give his family a strong case in a bicycle accident lawsuit.

Continue reading "Police Identify Nine Year Old Boy Killed in Bicycle Accident With Van Driver" »

As a Hollywood motorcycle crash attorney, I was disappointed to see a report on the death of a motorcyclist and injuries to two people in cars after an early-morning chain-reaction crash. WSVN reported Jan. 14 on the crash that took place at about 1 a.m. that day. A Florida Highway Patrol statement said the crash started when a car ran into a work truck in the southbound lanes of the Palmetto Expressway, near Northwest 103rd Street in Hialeah Gardens. The driver of an SUV stopped to help, but he was rear-ended very soon afterward by a motorcyclist who was thrown from his bike. That motorcyclist, 25-year-old Adrian Cespedes Kelly, died, and drivers Edward Crouch, 29, and Juan Alvarez, 22, were hospitalized for burn injuries.

According to the FHP, the first car, a Honda Civic driven by Crouch, rear-ended a work truck in the southbound lanes of the expressway. Alvarez stopped to see if the driver was all right and left his car in a traffic lane. A female passenger said the motorcyclist appeared “not even a minute after,” in a group of three riders. Two of them passed safely by, but a third hit the back of the SUV driven by Alvarez at a high rate of speed. The report suggested that the rider may not have seen the SUV parked in the road. The crash knocked Kelly off his motorcycle and sent the motorcycle itself flying into the Civic, which caught fire. Witnesses pulled Crouch from the burning car, but Kelly died at the scene. Crouch and Alvarez suffered burn injuries.

This report quotes witnesses, including the female passenger, as saying the motorcycles approached at 150 mph. As a motorcyclist and a Davie motorcycle accident lawyer, I know that’s at or above the maximum speed for some bikes -- but if true, it would still hurt Kelly’s family in any motorcycle accident lawsuit they wish to pursue. Nonetheless, the story also suggests that Alvarez may share responsibility because he parked his SUV in traffic lanes. In fact, the FHP reminded drivers in this report to pull over to breakdown lanes if they need to stop on a highway. Alvarez did a brave and important thing when he pulled Crouch from the burning car, but if the FHP believes he caused the crash by parking in a traffic lane, he may also be liable for the accident and the injuries it caused, including Kelly’s death.

Continue reading "Hialeah Gardens Pileup Leaves Motorcyclist Dead and Two Others Seriously Injured" »

An article in the Palm Beach Post caught my eye as a Deerfield Beach wrongful death lawyer. The article describes efforts by the parents of Scott Wilson, who was killed in an accident, to discover the financial records of the other driver. Wilson, 23, died last February in an accident allegedly caused the negligence of John Goodman, who was driving under the influence of alcohol and left the scene. Wilson’s parents have sued Goodman, who is not the actor of the same name, but part of a Texas family with an air-conditioning fortune, and a founder of the Palm Beach International Polo Club, where he also owns a team. The Wilsons say they want to find out how much Goodman is worth to ensure that they request enough punitive damages to truly penalize him.

Goodman is also facing criminal charges related to the 2010 crash, which could get him a total of 30 years in prison if convicted on all counts. According to the Post, he ran a stop sign in Wellington, not far from the polo club, and broadsided Wilson’s car at 63 mph in a 35-mph zone. The crash deformed Wilson’s car badly and pushed it into a canal, where it landed upside down. Wilson was trapped and drowned. Goodman left the scene. When police caught up to him several hours later, they measured his blood-alcohol content at 0.17, more than twice the legal limit. The Goodman family sold the family company, Goodman Global, for $1.4 billion in 2003. The Wilsons want to know how much of that money went to Goodman personally.

I’d like to address why the Wilsons’ request is an important part of the process of any wrongful death lawsuit. Some observers may think the Wilsons’ request is a tasteless attempt to profit from the death of their son, but in my experience as a Weston wrongful death attorney, no parent would trade their child’s life for money. As the article says, the Wilsons are asking for punitive damages, which are damages specifically intended to punish flagrantly illegal or unethical behavior. That means the net worth of the person or organization being sued really does matter -- because the punitive damages have to be high enough to constitute a penalty. For a wealthy person like Goodman, that would be much higher than it would be for ordinary folks -- and the Wilsons’ attorneys want to know how much higher, so they can make a reasonable request in court.

Continue reading "Parents of Young Man Killed in Crash Ask for Polo Magnate’s Financial Records " »

As a Hallandale wrongful death lawyer, I was interested to see another development in the ongoing wrongful death claim filed by the family of Ereck Plancher, which is going to mediation, according to the Orlando Sentinel. Plancher was a 19-year-old football player for the University of Central Florida when he died during a conditioning drill. Plancher is believed to have died of sickle cell trait, a condition related to sickle-cell anemia, but which is usually only triggered when the patient exercises very intensely. His parents, Enock and Giselle Plancher, allege that UCF football coaches and other employees negligently ignored their son’s symptoms on the day he died, despite knowing he had sickle-cell trait. Their lawsuit has been complicated by the UCF Athletic Association’s claim that it’s a state agency, which would limit its financial liability if the Planchers win their case.

Sickle-cell trait is caused by having one of the two genes that causes sickle-cell anemia. It’s usually benign, but during intense exercise and dehydration, normal red blood cells can turn sickle-shaped, causing death quickly. Coaches at UCF knew Ereck Plancher had the condition, according to an ESPN investigation. That investigation also talked to teammates who were present on the day Plancher died, one of whom said Plancher collapsed during his second sprint. When he got up, the student said, he was way behind everyone else and seemed like he was about to collapse. Their coach reportedly told him “that’s bulls---” and told him to keep moving. Shortly afterward, Plancher collapsed again and coaches ordered the teammates not to help him up. It was only after a third collapse that coaches and trainers called for medical help.

Much of this most recent article focuses on the issue of whether the UCF Athletic Association can be considered a state agency; the trial court has ruled that it cannot. That may seem like a minor issue compared to the issue of how coaches and trainers handled Plancher’s physical struggles, but as a North Miami wrongful death attorney, I know it’s very important for the Planchers if they hope to make a serious financial recovery. State agencies have sovereign immunity, a legal concept that in this case would limit any financial payout to no more than $200,000 without approval by the state legislature. That’s a small penalty for allegedly causing the death of an otherwise healthy 19-year-old, especially stacked up against the millions in revenues the association takes in annually. That’s why I’m pleased that the trial court has declined to give the association protected status, in mediation or in the trial that’s scheduled for spring.

Continue reading "University Enters Mediation With Parents of Football Player in Wrongful Death Case" »

A recent article about a jury verdict caught my eye as a motorcyclist and an Aventura wrongful death attorney. According to the South Florida Sun-Sentinel, the family of a man killed in a 2006 motorcycle accident has been awarded $8.48 million in court. The family of John Potts, 51, sued James Harvey for failing to yield at a flashing red light as Potts crossed the intersection. Harvey’s Hummer hit the motorcycle Potts was riding, killing him before he arrived at the hospital. The jury verdict includes $4 million for Tracey Potts, the victim’s widow; $2 million for each of their two daughters; and $480,000 in lost income for the family. Harvey’s attorney could not be reached for comment, but the Potts family’s attorney said they were happy with the verdict.

The accident took place Aug. 8, 2006 at the intersection of Beeline Highway and Jog Road outside West Palm Beach. Potts was on the highway, approaching a flashing yellow light, while Harvey was on Jog Road approaching a flashing red light. Witnesses said Harvey slowed for the red light but did not stop, causing him to “T-bone” Potts as his motorcycle passed through the intersection. Potts was not wearing a helmet. Harvey was on the job at the time, as a self-employed environmental lobbyist. The Potts family’s attorney said Harvey’s defense first focused on suggesting that Potts should have anticipated the cross traffic. Harvey’s attorney also argued that a construction company working on the Florida Turnpike should have put a green/yellow/red light at the site.

As a Miami Gardens wrongful death lawyer, I’m pleased that the jury apparently did not believe these arguments. It is unfortunately common in wrongful death cases for the defendant to blame the victim. However, Florida law requires drivers to treat flashing red lights as if they were stop signs, and Harvey reportedly did not do that. That means he ran the red and is legally responsible for the results. I’d also like to discuss the fact that Harvey was at work at the time of the accident, which usually means the employer shares legal responsibility. That might seem like a moot point when the driver is self-employed, but in fact, it might mean Harvey’s business assets as well as his individual assets are available to pay a legal judgment. In this case, that could mean business insurance as well as his individual auto insurance.

Continue reading "Jury Awards $8.5 Million to Family of Motorcyclist Killed by Driver Who Ignored Light" »

As a Weston bicycle accident attorney, I know Florida has a high rate of bicycle crashes. But until the St. Petersburg Times examined the issue Dec. 6, I didn’t realize Florida had literally the most fatal bicycle accidents of any state, and the second-highest rate of fatal crashes per million of population. The newspaper examined the issue after the Tampa area saw nine fatal crashes since late July. It did not break down fatalities within the state, but said Florida had 125 bicycle accident deaths in the most recent year evaluated by the National Highway Traffic Safety Administration. That worked out to 6.82 deaths for every million people, a rate exceeded only by Delaware at 6.87 per million. In Tampa, 22 bicyclists were killed in 2009 and 30 in 2004.

A bicyclist told the newspaper that Tampa roads are not well designed to encourage sharing space between cars and bicyclists, but agreed with others that both groups need to treat the other with respect. In the nine cases from this year, the newspaper said, some were blamed on the rider and some on the driver. No serious charges were filed in any of the nine cases, although cases are still open in at least two cases, one with a hit-and-run driver. In the first of the series, 75-year-old LeRoy Collins Jr., whose father was once governor of Florida, was hit as he rode through a crosswalk in Tampa. The driver said she didn’t see him and no charges were filed. In another, 30-year-old Kayoko Ishizuka died in Tampa after being struck by a hit-and-run driver. That driver was charged with leaving the scene of the accident.

Those charges, and a few others described in the article, concerns me as a Pembroke Park bicycle accident lawyer. There may be more information about the case involving Collins, but if the driver “didn’t see” him because she failed to watch the road, criminal charges might be reasonable. Similarly, the driver in Ishizuka’s death is facing only a leaving the scene charge, not that charge plus vehicular homicide. And a third victim, a 41-year-old math teacher, was rear-ended in Dade City by a motorist who apparently faces no penalties. It’s possible that all of these drivers truly had no way to avoid the crashes, but situations where that’s true are not common. What is common, in my experience, is bad driving caused by distractions, sleepiness, intoxication and other conditions under which no one should drive. It’s surprising that prosecutors didn’t feel they had evidence to bring charges in any of the nine cases.

Continue reading "Unusually High Rate of Bicycle Accident Deaths Reveals Florida Has Most in Nation" »

As a Coral Springs child injury lawyer, I was interested to see a recent Sun-Sentinel article on penalties for a day care center whose employees’ negligence caused a toddler’s death. Two-year-old Haile Brockington died in August after employees left her strapped into the van the center used to pick up children and take them to Katie’s Kids Learning Center. The van’s driver and the director of the center are charged with aggravated manslaughter of a child, and both were fired from the center. However, the owners of the center, Kathryn Muhammad and Barbara Dilthey, were fined $2,000 by the Palm Beach County Environmental Hearing Board. That fine reflects the maximum $500 fine for each of the center’s four violations of child care regulations, which were not named.

The fired employees appear to have simply forgotten about Haile Brockington on Aug. 5, the day of her death. The police and health department found that the adults had signed off for Haile on transportation, meal and attendance logs. Meanwhile, Haile was actually left in the center’s van for more than six hours, on a day when temperatures reached 91 degrees. The county health department had recommended a total fine of $1,000 for Katie’s Kids, but the Environmental Hearing Board doubled that fine because the case involved the death of a young child. In fact, one board member said he would like to have raised the fine more if there had been a way to do it. Muhammad and Dilthey are also facing a lawsuit by the Brockington family.

That doesn’t surprise me at all. Injuries to children and teens are some of the most heart-breaking injuries I see in my job as a Deerfield Beach injuries to minors attorney. Often, as in this case, the victim is too young or too incapacitated in other ways to have any control over the situation or even raise an alarm. Fortunately for this family, the fines against the day care center are not the only legal consequences for its part in the child’s death. Whether or not the county has assessed an adequate fine, the family can pursue justice through a wrongful death lawsuit. Families that have lost someone through another person’s negligence can never replace that person with money, of course, but they can win fair compensation for their emotional losses and all of the costs caused by the death, which often include very high medical and funeral costs.

Continue reading "Palm Beach County Day Care Gets Maximum Fine for Child’s Death in Hot Van" »

An article about a death from a serious auto accident caught my eye as a Weston wrongful death attorney. The South Florida Sun-Sentinel reported Nov. 22 that a man has died, ten days after his car was hit by a driver who failed to pass safely. Brian Walters, 56, was hospitalized in critical condition after a Nov. 10 accident west of Delray Beach. Walters suffered unspecified serious injuries after another driver attempted to pass in oncoming traffic on Military Trail. Marilyn Weiss hit the car she was attempting to pass, causing her vehicle to careen into oncoming traffic, hitting another vehicle before it hit the car driven by Walters. Weiss and another driver were hospitalized.

The Palm Beach Post said the crash took place on South Military Trail, just north of Golf Road. Weiss, 68, of Delray Beach, was heading north when she tried to pass a car driven by Kely Maurice, 47, of Delray Beach. Weiss cut back into the lane too soon and hit the front right side of Maurice’s car, sending the Toyota driven by Weiss into the oncoming traffic. There, she hit a vehicle driven by Jacqueline Rodriguez, 33, of West Palm Beach. The Ford was pushed into the same lane that Walters was using, causing him to rear-end the vehicle. Walters, Weiss and Rodriguez were all wearing seat belts, but nonetheless, they all sustained serious injuries. No charges or citations were reported for any drivers involved as of Nov. 22.

As a Boca Raton wrongful death lawyer, I suspect that charges may still be filed, depending on how well Weiss and Rodriguez recover from the crash. If the description of the crash in these articles is correct, it seems likely that Weiss would be judged at fault. However, law enforcement may wish to wait and see whether Weiss recovers well enough to be charged. How well Rodriguez recovers could also be an issue, because Florida prosecutors can file different charges for traffic deaths than they would for serious injuries. Regardless of whether prosecutors choose to file any charges, however, Weiss would probably be legally liable for negligent driving in civil courts. That means the victims of this accident, including the immediate family of Brian Walters, would be able to hold her responsible for causing the crash, even if the state does not.

Continue reading "Boynton Beach Man Dies From Injuries Sustained in Head-on Crash Involving Passer" »

As an Aventura medical malpractice attorney, I was very interested in a report on a claim filed by the widow of a man who fell seriously ill after surgery at the Mayo Clinic Florida. According to a Nov. 9 article from First Coast News, Peggy Wolford of Stuart is suing the clinic for medical malpractice leading to the wrongful death of her husband, Dennis Wolford, in 2008. Dennis Wolford received two liver transplants at the clinic, in 2006 and 2008, but was allegedly infected with hepatitis C while a patient there. Peggy Wolford’s suit claims the most likely source of the infection was an employee at the clinic who was fired and criminally charged for stealing patients’ IV drips of a painkiller in order to get high. Peggy Wolford’s suit says the medical expenses related to the transplants and infections have cost her the couple’s home and forced her to declare bankruptcy.

The clinic made news in August when it released a press release saying an employee had caused a hepatitis C outbreak. Steven Beumel, 47, was a radiation technician at the clinic before he was arrested for stealing drugs to feed his painkiller addiction. He is accused of injecting himself with Fentanyl, a painkiller, intended for patients undergoing invasive procedures. After he was done, he would allegedly replace the drug with plain saline solution, but re-use the needle he had used on himself -- exposing patients to anything he had in his system and depriving them of the painkiller. A report from September says at least three people were believed infected with hepatitis C, and at least two have died. Wolford’s lawsuit alleges that her husband died from hepatitis C acquired at the clinic, almost certainly from Beumel.

As a Davie medical malpractice lawyer, I suspect Peggy Wolford will have a strong case. The hepatitis C outbreak at the Mayo Clinic Florida was an important story for the local press at the time, and one report suggested that the clinic and health authorities knew about the outbreak long before they figured out where it came from. Affected families can reasonably argue that the clinic failed to supervise Beumel or take as much corrective action as the situation required. In most situations, employers are legally responsible for the actions of their employees while at work, and for supervising those employees adequately. Dennis Wolford’s situation was particularly horrifying because hepatitis attacks the liver, and Wolford was in the clinic to receive a liver transplant. In that situation, the clinic would have a special duty to prevent anything that weakens the liver and immune system further.

Continue reading "Stuart Woman Files First of Expected Hepatitis Lawsuits Against Mayo Clinic Florida" »

Last year, I wrote about the very sad drowning death of a two-year-old boy who wandered into an apparently unsafe backyard near his home. Isaac Dieudonne, 2, walked out the front door of his new home and into the pool area of the next-door neighbor’s home, which was vacant. At least two gates leading to the pool were reportedly open, despite laws requiring self-latching gates intended to prevent this type of accident. At the time, the case attracted my attention because of speculation that the home was vacant due to foreclosure. On Oct. 29 of this year, that speculation was confirmed by a McClatchy article about the Dieudonne family’s struggle to hold someone responsible for Isaac’s death. Because the home is in foreclosure, it isn’t clear whether the mortgage holder, mortgage servicer or maintenance company should be responsible.

According to the article, the Dieudonnes’ Miramar premises liability attorney wasn’t even sure who owned the property at first. The title had changed hands several times; some documents were fraudulent or had serious errors; and was at one point being foreclosed on in two cases at the same time. As a result, the family has named 20 defendants in the case, including owners, servicers, maintenance companies and a company that was holding the title for an owner. Some of the defendants claim they didn’t own the property at the time of Isaac’s death. All of this has already complicated the case, with an unnecessary move to federal court, and with 20 corporate defendants, more delays are likely. The Dieudonnes claim that neither the side gate to the home’s backyard nor the gate into the pool were fitted with self-closing spring locks, as required by Miramar city code -- and that they’re still unsafe today.

Unfortunately, drowning in swimming pools is a well known risk for toddlers and young children, which is exactly why cities have laws about self-latching gates. Under normal circumstances, a property owner’s failure to follow those laws can expose him or her to a premises liability lawsuit like the one the Dieudonnes are pursuing. Florida law gives everyone who owns or operates a property a legal obligation to ensure that the property is safe. This includes protections against foreseeable dangers, including the danger that a small child could get into a swimming pool without supervision. In my experience as a Lauderhill premises liability lawyer, handling this in a private home is usually a matter of handling the homeowners’ insurance company. But when it’s not even clear who owns the property, the entire process gets dragged out -- and the family’s suffering unfortunately gets dragged out along with it.

Continue reading "Family’s Swimming Pool Accident Lawsuit Complicated by Pool Home’s Foreclosure" »

The high-profile DUI vehicular homicide trial of Jim Leyritz is taking place here in Broward County, and one aspect of it attracted my attention as a Fort Lauderdale wrongful death lawyer. According to a Nov. 8 article from the South Florida Sun-Sentinel, the prosecution’s case against Leyritz, a former New York Yankee, is faltering. Eyewitnesses are not giving the testimony jurors were led to expect, the newspaper said, and jurors have also learned that the victim was about as drunk as Leyritz was during the crash. Those developments could hurt the state’s chances of convicting Leyritz. But fortunately for the family of the woman killed, they have already reached a settlement in a separate wrongful death case against Leyritz, ensuring that they will be fairly compensated no matter what happens in criminal court.

Leyritz, who helped the Yankees to a 1996 World Series victory, is accused of killing Fredia Ann Veitch. The 30-year-old mother of two was crossing a Fort Lauderdale intersection at 3:19 a.m. on Dec. 28, 2007. The prosecution alleges that Leyritz was drunk when he ran a red light and hit Veitch’s SUV, pushing the vehicle into a pole and causing Veitch to be thrown into the road. However, testimony at the criminal case suggested that the light may have been yellow when Leyritz entered the intersection. That passenger and a police officer also testified that Leyritz didn’t seem very drunk. Perhaps more importantly, testimony established that Veitch was also drunk -- a medical examiner found a BAC of 0.18 after she died, and a friend testified they’d been drinking together that evening. In addition, the jury has not heard testimony establishing that Veitch was using her phone just before the crash, driving without headlights and not wearing a seatbelt.

If the jury sees this the way the Sun-Sentinel clearly has, it’s true that this case would be an uphill battle for the prosecution. Only time will tell if that’s true. However, as a Hialeah wrongful death attorney, I’d like to emphasize that the outcome of this trial is completely independent from the outcome of the wrongful death lawsuit filed by Veitch’s family, which was settled earlier this year. In fact, the outcomes would be legally distinct in any case, but the fact that the lawsuit settled first means the outcome of the criminal trial couldn’t have affected potential jurors in the civil case. That means families that lost a loved one under unjust circumstances can use the civil courts for a second chance at justice -- even if they lose in criminal court or prosecutors choose not to file any charges.

Continue reading "Leyritz Criminal Prosecution Falters Even Though Wrongful Death Suit Already Settled" »

As an Aventura wrongful death attorney, I was dismayed to see that a 14-year-old girl has died after a bad car accident with a law enforcement officer. The South Florida Sun-Sentinel reported Jan. 25 that Cara Catlin, a freshman at Northeast High School in Oakland Park, died Jan. 23 in a crash with a Broward County Sheriff’s Deputy. Catlin was riding in a car driven by her 21-year-old stepsister, Heather Meyer, who was also injured in the crash, as was Gabriel Alegria, 15. Both Meyer and Alegria were hospitalized in stable condition. The deputy, 21-year-old Frank McCurrie, was treated for minor injuries and released. Homicide investigators are looking into whether the deputy was speeding when the accident occurred.

McCurrie was going straight through the intersection of Northeast 56th Street and Dixie Highway when Meyer was making a left turn; both had green lights, but Meyer did not have a green arrow. The first reports about the accident said McCurrie didn’t have his lights and siren on when he passed through the intersection. A Broward Sheriff’s Office spokesperson later said McCurrie didn’t need the emergency signals because he wasn’t responding to an emergency. However, a witness told the newspaper that the deputy was going around 70 mph, in a 40-mph zone, before the crash happened. Investigators say it’s too early to confirm that claim, but that it will be investigated thoroughly. Meyer, Alegria and an aunt of Catlin’s, Edie Bronder, all declined comment. Bronder said the family is consulting an attorney.

This is a very sensible decision. Calling an attorney so soon may sound premature to some people, but as a Boca Raton wrongful death lawyer, I know that families need to start right away if they plan legal action against law enforcement. The Broward Sheriff’s Office is a government agency, of course, and all government agencies have special rules governing lawsuits against them. In Florida, these include shorter deadlines for filing and special administrative procedures families must complete before they can file claims. If you’re considering a lawsuit against a police department or any other government agency, it’s very important to make sure you follow these rules to the letter, because deviation can delay your case or even cause you to miss the deadline entirely. If that happens, you may be unable to sue at all, no matter how strong your case is.

Continue reading "Car Crash With Broward Sheriff’s Deputy Kills Fourteen-Year-Old Girl" »

An article in the Florida Times-Union caught my eye because it describes what seems to be a clear example of negligence that ultimately killed an older woman. The Jan. 12 article says a brother and sister have filed a wrongful death lawsuit over the death of their mother, who fell in the shower and sustained second-degree burns covering 24% of her body. Madge Weaver, 87, of Lake Placid wore a necklace from a company called ResponseLink, which connects to an emergency alert system when the user presses a button. But her children say ResponseLink failed to respond to Weaver’s repeated pages with a 911 call, instead calling Weaver’s home repeatedly while her bathtub filled with scalding-hot water. Daniel Weaver of Callahan and Cheryl Pifer of Lake Placid sued ResponseLink Jan. 11 for wrongful death.

Madge Weaver had used her ResponseLink pendant once before, and the operator that time called 911 for her. But this time, the family’s Central Florida wrongful death attorney said, the ResponseLink operator tried to call Weaver’s home to see if she needed help. Weaver was unable to answer the phone because she had fallen in the shower with her body blocking the drain, and couldn’t reach to turn the water off. Weaver paged the service at least eight times in 10 minutes, but nobody came to rescue her until the operator thought to call Pifer, who lived nearby. Pifer arrived six or seven minutes later and immediately called 911, but it was too late. Weaver died two days later of severe burns. The family’s lawsuit alleges that Weaver would have sustained no serious injuries if the operator had called emergency services right away.

As a Coconut Creek wrongful death lawyer, I am disturbed to read that this emergency alert system failed so drastically. People may joke about services like ResponseLink, but they’re valuable tools for older people who want to live independently. In fact, they are designed for exactly this kind of incident -- emergencies in which the victim can’t reach the phone to call for help. ResponseLink and its operator surely must have known that, but by calling Weaver’s home instead of 911, they undermined the point of the system and left a client helpless. As a result, Weaver suffered under a scalding-hot shower for more than 15 minutes and died an avoidable death, with emergency workers just a few minutes away.

Continue reading "Adult Children Sue Medical Alert System Over Mother’s Death in Shower" »

A recent article in the Orlando Sentinel caught my eye because it touches on an issue important to Tamarac wrongful death lawyers like me. The Jan. 3 article says the parents of a man killed under Florida’s “stand your ground” law are suing the shooter, even though prosecutors are still considering whether to file criminal charges. The Lake County lawsuit accuses Russell Conrad, 70, of negligence in the death of 32-year-old Steven Hilson Jr. Conrad, a neighbor of Hilson’s parents, shot Hilson after discovering him inside Conrad’s parked truck at 4:30 a.m. Nov. 28.

The “stand your ground” law extends the “castle doctrine” found in many states, which permits homeowners to use deadly force against an intruder. In Florida, this right extends to public places if the shooter is attacked and reasonably believes deadly force is necessary to prevent death or great bodily injury. Lake County prosecutors are still deciding whether this applies to Hilson’s shooting. Conrad told police he was awakened by the sound of his own truck’s horn. After two warning shots, someone inside the truck got out. Despite warnings from Conrad to stop or he’d shoot, the person walked toward Conrad, who shot again. The person was Hilson, who was dead before EMTs called by Conrad’s relatives arrived. Hilson had no criminal record but one DUI, but he was described as a severe alcoholic going through personal turmoil at the time. His parents believe he was trying to visit another neighbor where he sometimes stayed.

The State’s Attorney’s office is likely still considering whether to file charges because the circumstances do not fall neatly into those described by the law. As a Pompano Beach wrongful death attorney, I understand how frustrating that must be for Hilson’s parents as well as for Conrad. However, this case is a good reminder that even when state officials do not file criminal charges in connection with a death, victims’ families still have the right to pursue a wrongful death lawsuit. A wrongful death claim cannot put perpetrators in prison, but it can help victims’ families bring those perpetrators to justice. And because these are civil cases, the standard of evidence is slightly lower, allowing families to win a case even when prosecutors believe a criminal case wouldn’t win.

Continue reading "Wrongful Death Lawsuit Filed Over ‘Stand Your Ground’ Law Shooting" »

As a Pembroke Pines motorcycle accident attorney, I was interested to see an article about a motorcycle crash lawsuit in Palm Beach County. TV station WPTV reported Dec. 29 that a Jupiter man has sued the owner of a motorcycle over a 2007 accident that killed the man’s wife. Daniel and Sandra Casey borrowed a Harley-Davidson motorcycle from Keith Deyo. On Dec. 30, 2007, they were rear-ended by a pickup truck in Indiantown. Daniel Casey alleges that Deyo failed to properly maintain the motorcycle’s brake and rear turning lights, making it harder for the truck’s driver to see that they were making a turn.

According to the article, the Caseys were dragged under the truck after they were rear-ended on the State Road 710 bridge in Indiantown. The truck’s driver then fled the scene. The article did not say whether that driver was ever found. In his wrongful death lawsuit, Daniel Casey claims that Deyo knew the motorcycle’s back and turning lights were not maintained properly before he lent it to the couple. This left them with no way to warn other drivers in traffic when they stopped or turned, making an accident more likely. Daniel Casey’s lawsuit, filed in Martin County, requests at least $15,000 in damages for the wrongful death of his wife.

Like many people, I would prefer to hold the driver of the pickup truck responsible for the accident as well. But as a Boynton Beach motorcycle crash lawyer, I think this case is a good example of how third parties who weren’t directly involved in a crash may also bear some liability. When hit-and-run drivers can’t be identified, they cannot be held personally and financially liable for the crashes they cause. That means victims cannot collect the compensation to which they are entitled, no matter how clear the fault might be. The exception is when a third party can be held liable, as in this case. In addition to the owner or maintainer of faulty equipment, an at-fault third party might be another driver; an auto manufacturer that sold a defective vehicle; or a government agency that failed to adequately maintain a safe road. In these cases, the jury in any lawsuit will determine each party’s percentage of fault, and thus, their share of the financial payment.

Continue reading "Husband of Woman Who Died in Motorcycle Crash Sues Owner Over Alleged Defects" »

As a Coconut Creek pedestrian accident attorney, I was interested to read about a lawsuit in an unusual pedestrian accident. The South Florida Sun-Sentinel reported Dec. 7 that the widow and daughters of an 80-year-old Hollywood man have sued the operators of the drawbridge from which he fell. Desmond Nolan was walking home from the beach on Sheridan Street when the drawbridge opened over the Intracoastal Waterway. As the bridge rose, he clung to the edge, but eventually couldn’t hold on and fell 60 feet to a concrete bridge below. He died later the same day at a hospital.

The drawbridge has flashing lights and arms that warn travelers not to cross when it’s about to open. However, a video posted on the Sun-Sentinel’s Web site shows that the arm on Nolan’s side of the road did not go down until he was well past it and onto the bridge:
 
The Nolan family alleges negligence by the drawbridge’s operator, Michael O’Rourke; his employer, ISS Facility Services; and two other drawbridge contractors, C&S Building Maintenance and Transfield Services North America. All three companies are contractors to the Florida Department of Transportation. The Nolan family’s attorney said they also intend to sue the Department itself, but must wait six months because of a legally required notification period for suing state agencies. The claim says O’Rourke should have checked for people on the bridge before he opened it, and that he failed to respond to motorists who were honking and screaming to get his attention.

I applaud this family for taking quick action on its legal claim. Some observers may believe it’s callous for the family to file a lawsuit so quickly, but as a Boca Raton pedestrian accident attorney, I know that suing a government agency requires victims to start their claims as soon as possible. As the article notes, people who wish to sue an arm of the Florida state government must notify the agency in writing six months before filing their claims. It’s only after the agency has a chance to reject or accept the claim that victims can file a real lawsuit. Meanwhile the statute of limitations for wrongful death in Florida is just two years. That means that if the family of a wrongfully killed person delays action for a year or more, they may no longer be able to sue at all -- no matter how strong their claim might be.

Continue reading "Family Sues Drawbridge Operators Over Elderly Pedestrian’s Fatal Fall " »

A two-year-old visiting Florida with her family died Aug. 8 after an accident with an alleged drunk driver, the South Florida Sun-Sentinel reported Aug. 9. Isabella Zepka and her family were visiting Orlando from Durham, N.C., to use a time-share and visit family. She was on her way home from dinner and Sea World on Wednesday when John Molnar, 36, ran a red light and hit the back of her father’s car. Isabella sustained serious internal injuries and a fractured skull; she was taken off life support Saturday. Her brother Alexander, 9, sustained a fractured skull from which he was expected to recover. Her father was not seriously injured.

According to the article, the Zepkas’ car was making a left turn when Molnar ran a red light from the oncoming lane. Officers measured his blood-alcohol concentration at 0.133% and 0.129% in two tests -- both well above Florida’s 0.08% legal limit. Officers also found a plastic bag full of cocaine under the driver’s seat of his car, resulting in an additional charge of drug possession. He told officers that he had had just one beer, the article said, but failed field sobriety tests. His driving record includes a license suspension for a 2008 DUI in New Jersey, as well as four speeding tickets and convictions for careless driving and failure to obey a traffic device, all since 2006.

My heart goes out to the family of this little girl. As a Hollywood car accident lawyer, I’m sorry to say that I regularly see accidents like these, in which alcohol played a deadly role. Drinking and driving may be illegal, but it happens every day in Florida and around the United States. According to 2008 accident statistics from the Florida Highway Patrol, drivers intoxicated by alcohol, drugs or both were responsible for 23.5% of all fatal accidents in the state -- nearly a quarter. This is an improvement over the numbers from four decades ago, but unfortunately, far too many drivers still underestimate the dangers of driving drunk. Until they take this threat seriously and modify their behaviors accordingly, our communities will continue to see senseless tragedies like this.

Continue reading "Toddler Dies in Orange County Car Crash Caused by Accused Drunk Driver " »

The Florida Highway Patrol has announced criminal charges in a semi truck accident that killed six in Glades County last year, the Naples News reported July 16. Ewing Saunders, 67, was charged with six counts of DUI manslaughter and one count of DUI property damage in the Sept. 29 accident. The crash killed Jose Saavedra, Jose Maria Arellano, Lucas Reyes Flores, Rigoberto Reyes Perez, Oscar Humberto Reyes and Sergio Saul Salazar. All six men were in a van on the way to their jobs picking saw palmetto berries, according to the article.

The FHP report said Saunders, of Nokomis, was driving a 2005 Peterbuilt tractor-trailer on State Road 78 in Glades County. As he approached the intersection with State Road 29, he failed to stop for a stop sign and collided with the workers’ 1993 Chevrolet van. All six men were pronounced dead on the scene; no injuries to Saunders were reported. However, testing of Saunders showed that he had a blood-alcohol content of 0.11 -- over the 0.08 legal limit in Florida. The FHP filed charges after a 10-month investigation. Saunders was held on $300,000 bail; if convicted on all counts, he faces decades in prison.

As a Pompano Beach big rig accident lawyer, I was struck by the fact that this is a DUI manslaughter case. Statistically, truckers drive drunk at much lower rates than other motorists -- possibly because they can have their commercial licenses suspended for just one infraction. According to the National Highway Traffic Safety Administration, truck drivers were just 1% of drivers involved in fatal crashes in 2007 who were legally drunk; they also had the lowest rate of previous DUI convictions of all drivers involved in fatal crashes.

But when truck drivers do drive under the influence, the results can be deadly. Because trucks are so large and heavy, they are nearly guaranteed to cause serious damage to passenger vehicles in any collision -- killing or very severely injuring the people inside. That’s why statistically, the vast majority of people killed in semi truck crashes are people in other vehicles. When they are not killed, victims often sustain catastrophic or disabling injuries requiring lifelong medical care, such as brain damage or paralysis. As a Hallandale tractor-trailer accident attorney, my job is to help these victims win a fair insurance settlement, so they can get needed medical care and put their lives back together -- but I would much rather see fewer families devastated by a truck driver’s negligence.

Continue reading "Truck Driver Faces DUI Manslaughter Charges in Southwest Florida Trucking Accident" »

Family and friends say Miami Beach police officers mistook the identity of a man fatally shot early Sunday morning, the Miami Herald reported June 16. Husien Shehada, a 29-year-old limo driver from Woodbridge, Virginia, was shot by police in a confrontation outside a club around 4 a.m. on June 14. His brother, engineer Samer Shehada, 31, was arrested in the incident for battery.

The police were in the area responding to a call about an armed man, around the same time that the brothers and their girlfriends left their hotel. They stopped the younger Shehada, and a confrontation ensued. The Herald said it wasn’t clear what happened; the police department declined to comment. A cousin to the brothers, Najwa Ghannam, told the Herald that Husien Shehada was unarmed. Police did say that Samer Shehada was charged with battery for allegedly beating a woman and kicking her in the head. His girlfriend, Karlia Karpel, denied this, saying she was with him throughout Saturday night and Sunday had no bruises. The family’s defense attorney said police asked each individual involved whether they spoke Arabic.

I hope that the implication that racism played a part in this incident turns out to be false, although it’s impossible to know right now. But if family members are right that Husien Shehada was unarmed, the police will have to present a compelling argument to show that he was a serious enough threat to justify lethal force. Officers do a dangerous job and have the right to shoot when they believe their lives are in danger -- but it’s hard to imagine how an ordinary unarmed man might have posed such a threat. If this death is a result of police misconduct, the family has every right to file a Miami-Dade wrongful death lawsuit against the police.

Cohn, Smith & Cohn has handled many wrongful death cases over more than 25 years of practice, so we know all too well that a South Florida wrongful death lawsuit can’t bring back the person who was lost. However, family members frequently encounter serious financial problems after an unexpected death caused by someone else’s actions. Families dealing with fatal injuries can face very high medical bills, funeral costs and other expenses related to the accident. If the victim was a breadwinner, they also lose an income immediately, and permanently. And for many families, a wrongful death claim is a way to bring wrongdoers to justice and publicly expose the wrongdoing that led to their loss.

If you’ve lost a loved one to another person’s careless or illegal actions and you’re considering a legal case, Cohn, Smith & Cohn can help. To contact our Aventura wrongful death attorneys for a free consultation, please send us an email or call our main office at (954) 431-8100.

Attorneys for the University of Central Florida have asked to end discovery in an Orlando wrongful death lawsuit over the death of a freshman wide receiver during off-season drills, the Orlando Sentinel reported June 11. Ereck Plancher died in March of 2008, at the age of 19, from extreme physical stress that aggravated a genetic condition called sickle-cell trait. His parents, Enock and Giselle Plancher of Naples, allege that coaches and trainers negligently failed to recognize and treat Ereck Plancher’s suffering before he collapsed during a workout.

Sickle-cell trait is a genetic condition caused by inheriting one of the two genes necessary for developing sickle-cell anemia. It’s found in about a tenth of African-Americans, as well as others of Mediterranean and African descent. People with sickle-cell trait don’t necessarily get sick, but they’re susceptible to several problems, including sudden circulation problems (due to blood cell sickling) because of exercise-induced dehydration and extreme fatigue. UCF officials were aware that Ereck Plancher had the condition, but said they handled it properly and did everything they could to save his life. The Planchers disagreed in their lawsuit, saying coaches and trainers ignored signs of extreme fatigue and made him continue drills.

Judging by the article, a trial in this case is still months away. But as a Silver Lakes wrongful death attorney, I would like to know how well Ereck Plancher communicated his symptoms to his coach. Student athletes are generally discouraged from complaining about tough workouts, especially on the competitive college level. This young man may have tried to tell his coaches that he wasn’t feeling well -- or he may have kept it to himself, fearing that he would be penalized for “whining.” While that’s an understandable policy in general, it’s dangerous under certain circumstances. Allowing one student to sit out a drill is not without costs, but the costs can’t possibly be higher than the life of a young man.

Cohn, Smith & Cohn handles a variety of claims involving negligence by coaches, teachers and others in charge of the health of kids, teens and young adults. In addition to wrongful death claims over known health conditions, coaches and sports organizations may be liable for failing to recognize and treat signs of ordinary but serious problems such as heatstroke or concussions. They could also be liable for failure to properly equip and train young athletes to help them avoid injuries. Victims of this careless behavior, and their families, have the right in Florida to file a Palm Beach County wrongful death lawsuit or personal injury claim.

If you have lost a loved one because of another person’s carelessness, you should call our law firm, Cohn, Smith & Cohn, as soon as possible. With more than 25 years of experience, we have helped numerous South Floridians recover from the serious emotional and financial effects of a wrongful death. Our Tamrac wrongful death attorneys can help you claim the money you need to pay medical and funeral bills and make up for any loss of income, as well as compensation for your grief and permanent loss of your loved one. And we offer free, confidential consultations, so there’s no risk in speaking to us about your rights and your options. To learn more, you can contact us online or cal our main Hollywood office at (954) 431-8100 today.

The Palm Beach County Sheriff’s Office is investigating in the wake of the deaths of two middle schoolers at a sleepover, the South Florida Sun-Sentinel reported June 3. Loretta Wilson was non-fatally poisoned in the incident that resulted in the death of her 11-year-old daughter Amber and Amber’s friend, 12-year-old Caitlin Brondolo. Loretta Wilson was released from the hospital June 1, a day after the girls were found dead.

The Sheriff’s Office has retracted initial reports that Wilson told them she left her car running in a closed garage overnight because she couldn’t shut it off. A spokeswoman said their office was the source of the confusion, but did not elaborate. After the incident, investigators found the car shut off and the keys in the home’s kitchen. The spokeswoman said an expert was called to examine the car, but detectives still plan to interview Wilson in connection with the deaths.

The retraction leaves important questions about the incident unanswered. Carbon monoxide poisoning is a well-known danger that kills about 440 people in the United States every year and sends about 15,000 others to emergency rooms. Running but parked cars are one common source of carbon monoxide gas; others include generators, space heaters, and indoor charcoal and wood fires. Carbon monoxide can be breathed but doesn’t carry oxygen into the body, causing dizziness, confusion, lethargy, nausea and vision problems. Because these symptoms are common and can harm decision-making, victims may not realize they are being poisoned until it’s too late.

If Wilson had left the car running overnight in a closed garage, as originally suggested, she could have been found negligent -- a word used in the law for failure to exercise a reasonable degree of care. Not only could she have been charged with a crime, but she would have been liable in any Deerfield Beach wrongful death lawsuit brought by other relatives of the victims. Close family members in Florida have the right to sue people whose carelessness or deliberate actions cause the deaths of their loved ones. That’s true whether or not Florida prosecutors have chosen to file criminal charges related to the death.

If you’ve lost a loved one through someone else’s bad decisions, Cohn, Smith & Cohn would like to help. Our Jupiter wrongful death lawyers can’t bring back a lost person, of course, but we can help clients throughout South Florida demand justice and defray some of the serious financial problems a death can cause. In a Opa-Locka wrongful death lawsuit, we can help clients recover the financial costs of the death, including funeral costs, medical bills and lost income, as well as compensation for their own grief and losses. To learn more about your rights at a free, confidential consultation, please contact us via email or call our main Broward County office at (954) 431-8100.

The mother of a 12-year-old boy who died at a state-run group home for kids has sued, the Miami Herald reported May 20. The lawsuit by Martha Quesada alleges that her son, Denis Maltez, was given too many psychiatric medications and not properly monitored by doctors. Maltez, who had severe autism, was on an outing with the state-funded Rainbow Ranch group home in 2007 when he died of serotonin syndrome, a rare but life-threatening reaction to an overdose of drugs or combination of drugs that includes many psychiatric medications.

Maltez had violent outbursts, including an attack on his sister that led Quesada to put him in the group home. On the day of his death in May of 2007, he had gone out with other kids from the home to get haircuts, but became violent with group home staffers. He became unresponsive after staffers restrained him on his stomach inside their van, then died. The next month, Rainbow Ranch was closed by the state.

After Maltez arrived at Rainbow Ranch, the Herald said, he was switched to the on-staff psychiatrist there, who saw Maltez once during his year at the home. That doctor, Steven Kaplan, put Maltez on four drugs: two antipsychotic drugs, a tranquilizer and an anti-seizure drug that can be used as a mood stabilizer. The lawsuit alleges that these drugs were used as a chemical restraint to control his behavior and caused him to sleep through school. During his year at the home, teachers sent Maltez to the hospital because of over-medication concerns. The anti-seizure drug was reduced on the second hospital’s recommendation, but increased again six months later. Maltez was also the subject of an anonymous call to the Florida Department of Children and Families child abuse hotline suggesting he was over-medicated.

Doctors consider serotonin syndrome a type of poisoning. It’s caused by excess production of a brain chemical called serotonin, a neurotransmitter that regulates mood, sleep, metabolism and appetite. That excess production is caused by too many drugs or the wrong combination of drugs that affect brain activity, including antidepressants, opioids, central nervous system stimulators, some street drugs and certain herbs and amino acids. Symptoms include tremors and muscle contractions, elevated heart rate, sweating, confusion, agitation and hallucination.

Though a lawsuit’s complaint only tells one side of the story, these facts seem right on target for a South Florida medical malpractice lawsuit. The symptoms of serotonin toxicity could easily be mistaken for bad behavior, especially in a child who staffers knew to be aggressive and may not have been able to communicate well. If Maltez really was over-medicated and under-supervised, his family would have a strong case for their Miami medical malpractice wrongful death claim.

Our firm, Cohn, Smith & Cohn, represents children and adults throughout South Florida who were seriously hurt or even killed by the negligence of a medical professional. If you believe you or a loved one suffered an injury or illness because of bad decisions by doctors and others, we would like to help. Our Cooper City medical malpractice lawyers have more than 25 years of experience helping seriously injured people win the money they need for medical treatment, living expenses and compensation for an injury, disability or wrongful death. To learn more at a free, confidential consultation, please contact us online or call our main office in Broward County at (954) 431-8100 today.

A man accused of causing a fatal Manatee County motorcycle crash was found guilty of a related traffic violation, the Bradenton Herald reported May 7. James Brand pleaded no contest to a traffic citation he received after making an illegal left turn in front of a motorcycle. The motorcyclist, 50-year-old Donna Burmeister, was thrown from her bike and killed in the crash. Brand has not been criminally charged in the crash, but a Florida Highway Patrol spokesman said an investigation is still underway.

It is unclear from the article how the accident happened, but Brand was cited for making an illegal left turn into Burmeister’s path -- a common and deadly pattern in motorbike accidents. Florida law required the maximum sentence for the traffic violation: a six-month license suspension, a $1,000 fine and points on his license once he completes the suspension. Because he was adjudicated guilty of the charge, he is also liable in any South Florida motorcycle crash lawsuit victims choose to file. Burmeister’s adult son, Gavin Cipaldo, told the newspaper that he would prefer a criminal charge in the case.

Even if the agency does not come back with criminal charges for Brand, Cipaldo and his family can still pursue justice through a Florida motorcycle accident lawsuit. A lawsuit cannot put a careless driver in prison, of course, but it allows the family of a wrongfully killed biker to hold that driver responsible for his or her actions in a court of law. It also allows them to defray some of the financial costs of a motorcycle accident, which can be quite steep. In a wrongful death case like this one, family members can recover funeral costs; any medical and repair costs; income the family will lose throughout the lost person’s working lifetime; and compensation for their own emotional losses. In an injury case, the victim would instead be eligible to recover compensation for injuries, pain, suffering and any permanent disability or disfigurement.

My law firm, Cohn, Smith & Cohn, specializes in representing motorcycle accident victims such as these. I ride myself, as does my wife, so I understand what motorcyclists face every day on Florida roads. Our Pompano Beach motorcycle crash lawyers represent injured bikers aggressively when dealing with insurance companies and others eager to blame them for the accident. With more than 25 years of experience, we have a strong record of success in motorcycle cases, winning money that allows our clients to get the medical care they need, and when possible, eventually get back on the road.

If you or a loved one has been seriously hurt in a motorcycle accident in Florida, Cohn, Smith & Cohn would like to help. For a free consultation on your case and your rights, please contact us online or call our main Hollywood office at (954) 431-8100 as soon as possible.

In response to a new discovery in a 32-year-old murder case, Florida legislators are considering extending our state’s statute of limitations -- the deadline by which potential plaintiffs must file their cases -- in Florida wrongful death lawsuits. The Jeffrey Klee Memorial Act would extend the statute of limitations from two years to indefinitely in wrongful deaths caused by murder or manslaughter, the Miami Herald reported March 29.

The bill follows the discovery of the body of Jeffrey Klee, an 18-year-old who disappeared in 1977, in a canal in Coral Springs. Police believe they have identified the killer, and thanks to a 1996 change in Florida criminal law, they can charge the man criminally -- even though there was a three-year deadline in effect for manslaughter in 1977. But the law for civil wrongful death claims didn’t keep up. Family members have just two years from the date of the death to bring a claim, even when they had no way of knowing about the death or the person responsible.

After reading about the family’s situation, two state senators introduced a bill to change that. It would not allow Klee’s family to bring a case themselves, but it would allow future families in their situation to bring a wrongful death claim for murder or manslaughter “at any time.” According to the Florida Legislature’s Web site, the bill is currently in committee.

As a South Florida wrongful death attorney, I strongly support this bill. Statutes of limitations are absolute deadlines, which means you may not file a lawsuit, no matter how valid your case is, if that deadline has already passed. This sometimes means I must turn away families with strong cases and clear injuries, simply because the deadline has come and gone. This bill would correct that injustice -- and even better, it may allow some families to take the time they need to grieve before they begin to think about pursuing a Florida wrongful death lawsuit.

A wrongful death claim allows Florida families that have lost someone because of another party’s negligence to hold that party legally liable. In most cases, that means both the emotional harm and the financial harm caused by the death -- loss of an income, household services, funeral costs and other costs. Financial compensation might sound inadequate to families who have lost someone dear to them -- and it is. But financial compensation can also be very important to a family struggling to make ends meet after a breadwinner was taken too soon, or as a means of punishing very serious wrongdoing.

Importantly, families may pursue a wrongful death claim in Florida regardless of whether there is also a criminal case against the perpetrator. If you have lost a loved one in Florida and you would like to discuss your case and your options, you should call our firm, Cohn, Smith & Cohn. Based in Dade and Broward Counties, our Pembroke Pines wrongful death attorneys serve clients throughout South Florida. To set up a free consultation, please call our main office at (954) 431-8100 or contact us online.

The Florida Supreme Court recently handed down a decision that many see as a victory for families of wrongfully killed children in Florida. In Fields v. Kirton, No. SC07-1739 (Dec. 11, 2008) (PDF format), the state high court considered whether parents and guardians may sign a release on behalf of their minor children, when the release has to do with a commercial activity. It decided that they do not have the authority to release their children's liability, which means that the estate of any minor killed in a commercial setting may now sue for wrongful death in Florida.

A release is a contract limiting or removing the legal liability of the company offering the commercial activity. In short, it generally says that you agree to not sue the company if the child is injured during the activity. They are routine parts of the business of bumper car parks, batting cages and other commercial activities that could be dangerous. In this case, a waiver was signed by the father of Christopher Jones, a 14-year-old who was killed at a motorsports park after his ATV landed on top of him. The representative of the teen's estate, Jordan Fields, eventually sued the park and some of its personnel for wrongful death. The defendants asked to throw it out, pointing to the waiver and release the elder Jones had signed. The trial court agreed. On appeal, the Fourth District Court of Appeals reversed that decision, allowing the estate to sue.

The Florida Supreme Court agreed with that decision, ruling that all waivers signed on behalf of minors are invalid in Florida, if the waiver was for a commercial activity. Pointing out that waivers and releases protect the best interests of the business, not the minor, it wrote that these contracts leave the business with no incentive to take reasonable care for the minor's safety. That leaves a strong possibility that the family and the state will suffer the personal and financial burden of the injury, the majority wrote. However, the court drew a distinction between "commercial activities" and "school-sponsored" or "community-run" activities. Citing caselaw from Florida and elsewhere, it wrote that commercial enterprises may buy liability insurance, whereas nonprofit or school enterprises cannot afford it and may choose to close rather than provide services.

Practically speaking, this means that no release or waiver of liability for a minor engaged in a commercial activity is valid in Florida. (After all, minors may not form contracts for themselves.) That could be very important to Florida families that have lost children to a business's careless or reckless behavior. The wrongful death of a child is devastating; the family's discovery that they have no legal recourse against the responsible parties only compounds that pain. Thanks to this ruling, Florida families can now hold responsible parties liable for illegal or negligent actions and seek justice for the children they've lost forever.

As a wrongful death attorney in Aventura, I know all too well that it's impossible to put a price on a human life. But wrongful death lawsuits offer practical benefits to families: money for medical bills, funerals and other expenses related to the accident, as well as the chance to hold wrongdoers legally responsible for the results of their actions. If you have lost someone you love to someone else's carelessness and you'd like to learn more about your options, please contact our experienced South Florida wrongful death attorneys for a free consultation.

A teenager helping his father work at a construction site was killed Jan. 11 when a trench unexpectedly collapsed around him, the Sarasota Herald-Tribune reported. Danilo Riccardi Sr. was part of a construction crew installing concrete culverts at a church, where he brought his three sons, ages 12 to 14, to help out. When he needed water to mix cement, he sent the eldest, Danilo Riccardi Jr., to get some water. But when the younger Riccardi went to the eight-to-ten-foot trench to scoop up some standing water (there was no running water at the site), the walls of the trench collapsed and buried him in a quicksand-like mud. A large rescue crew dug the teenager out but was unable to revive him.

As a spokesman for the Charlotte County sheriff's office said in the article, this situation is a tragedy. My heart goes out to the Riccardi family. But as a South Florida construction accident attorney, I wonder what the Occupational Safety and Health Administration investigation will conclude about the accident. OSHA rules do not apply to non-employees, but construction companies still must take reasonable care not to harm non-employees that visit construction sites. That includes employees of other contractors, passers-by and visitors like the three teenagers. Of course, everyone is still responsible for taking reasonable care around dangerous situations.

Falls are the most common fatal accident at construction sites nationwide, according to statistics from the U.S. Department of Labor. (And construction work is consistently one of the deadliest job categories in the United States.) For that reason, OSHA safety rules require that employers provide fall protection (such as a guardrail or a net) in any situation with a potential fall of six feet or greater, as well as a fall of any height into dangerous equipment. There are many similar safety regulations addressing other hazards, and employers may also be required to train employees on good safety practices.

When employers fail to meet these basic legal duties, workers and others can be killed in a Florida construction accident. And when that happens, victims' families have the right to sue the construction companies responsible, unless workers' compensation payments are available. In a Florida wrongful death lawsuit, families can recover medical costs, funeral bills, lost income and other costs related to the accident, as well as compensation for the sudden and irrevocable loss of the loved one's care, companionship and love. If you have lost someone to carelessness and you are considering pursuing a claim, Cohn, Smith & Cohn can help. To set up a free consultation with our attorneys, please contact us today.

The family of a former Polk County commissioner who was killed in an auto accident last year has filed a wrongful death suit, the Lakeland Ledger reported Jan. 13. According to the article, Marlene Duffy Young was killed in May when an oncoming driver crossed the center line and hit her vehicle head-on. The driver, William Boyd Johnson, was also killed, and Young's husband and adult daughter were hurt. Blood tests on Johnson revealed that he had a BAC of .077 (just under the legal limit), as well as Valium and cough medicine in his body.

The wrongful death lawsuit names Johnson's wife as a defendant, but it also names State Farm, the Young family's auto insurer, and their insurance agent. According to the article, the Youngs are suing State Farm and the agent because the agent allegedly ignored their request for "stacked" underinsured motorist auto insurance. The Johnsons did not have enough insurance to cover the costs of the accident, and the Youngs contend that State Farm is wrongfully refusing to make up the difference, as it would be required to if the insurance had been stacked as they had requested.

"Stacking" your auto insurance means that the upper limit of your insurance policy increases by the number of cars you are insuring. For example, let's say you have uninsured/underinsured motorist coverage with limits of 50,000/100,000. If you have two cars and you do not choose to stack, the limit is 50/100 on each car. But if you choose to stack, the insurance limits double to 100/200. If you have three cars, they would triple to 150/300. This increases your premium, of course. As you can see, this could make a substantial difference to a family like the Youngs, who had three of its members in the hospital at the same time after the accident. The cost of treating even one very serious injury can easily reach six figures.

The Youngs claim that State Farm wrongfully refused to provide the materials necessary to sign them up for the stacked coverage despite their request. Unfortunately, that is not an unrealistic claim. Despite what many people think, insurance companies are not here to help their customers -- they're here to make a profit, like all businesses. When insurance companies have to pay out a very large benefit, some of them look for excuses to avoid it, even when their own contract clearly obliges them to pay. This is called insurance bad faith, and as a breach of the contract you and the insurer both signed, it is illegal.

As a Broward County auto accident lawyer, I advise my clients to treat insurance adjusters politely but never sign, record or admit anything that makes them uncomfortable. And whenever necessary, I vigorously defend my clients from insurance bad faith and other unfair or illegal maneuvers by insurers. If you or someone you love has been victimized twice by an auto accident and an insurance company that won't do the right thing, my firm, Cohn, Smith & Cohn, can help. To set up a free consultation on your legal rights and your options, please contact us online or call (954) 431-8100.

The St. Petersburg Times recently ran an article on the complications faced by two sisters who are trying to track down the truth about their mother's death. Their mother, Anne Talley, died after going into cardiac arrest at the Hard Rock Hotel & Casino in 2007. The sisters, one of whom was on the scene that night, dispute claims about how quickly the casino staff called 911 after Talley collapsed and what other steps they took to treat her before emergency medical technicians arrived. They want the casino to release records that could end the dispute -- but because the casino is owned by the Seminole Tribe, they cannot force the issue. The Seminoles, as a sovereign nation, are immune from lawsuits under the legal concept of sovereign immunity.

Sovereign immunity is a legal concept saying governments can't be sued, simply because they are governments. That includes Indian tribes, whose land is technically a kind of foreign nation. It also applies to the federal government, states and many local governments. Governments often waive their immunity for specific purposes, such as a lawsuit alleging wrongdoing by government officials, but they're under no special obligation to do so. In fact, when they do lift it, they frequently make it more complicated and difficult to sue them than it would be to sue a private individual or business. For example, many government agencies require you to go through a non-judicial grievance process before you may sue, or notify them that you plan to sue within a very short time after an accident.

The idea behind sovereign immunity is to protect public funds (and thus taxpayers) from lawsuits that could bankrupt them. But in an age when governments can and do get liability insurance, it's hard to see this doctrine as anything other than a convenient way for governments to avoid responsibility for their own actions, or the actions of their employees. Because the Seminoles decline to turn over the records or simply settle, the sisters have no other recourse. In fact, the article notes that they lost their lawyer because there was nothing else he could do for them. That may all be perfectly legal, but it denies them access to justice, the chance to file a Florida wrongful death lawsuit and perhaps peace of mind over their mother's death. (Victims of cruise ship injuries who have signed unfair contracts are in a similar situation.)

Because of these severe restrictions on lawsuits against the government, I always tell clients with these claims to act as quickly as possible after an accident. If you are suing a government entity that has waived its immunity, you often must still meet requirements with very strict deadlines -- some as short as 30 days. If you're considering this kind of claim, I urge you to contact my firm, Cohn, Smith & Cohn, as soon as possible to preserve your access to the courts. We offer free consultations, so there's no risk in speaking to us to learn about your rights and your options.

The Tampa Bay Tribune recently ran a truly tragic story about a fatal pedestrian accident in St. Pete Beach. A man and his wife were walking to the store when they were hit by a van that swerved onto the sidewalk for no obvious reason. The man survived; the woman died, leaving behind her husband and three children, as well as a mother in the Tampa area. Blood testing showed that the driver of the van had four prescription drugs in his system, including Valium and Xanax. He told police that he was not under a doctor's care. But after two doctors decided that the levels of the drugs in his system weren't high enough to impair him, the prosecutors in the case declined to charge the driver with any crime. He has received only a ticket for reckless driving.

I can only imagine how difficult it must be for this family to live with this situation, and to accept the prosecutor's decision in this case. My heart goes out to them. I am not a criminal lawyer and it would be inappropriate to judge the driver's criminal culpability, especially since the article couldn't have included all of the relevant facts. But as a Florida wrongful death attorney, I do know that sometimes the civil courts can do a job that the criminal courts cannot or will not. Families may not be able to file criminal charges over a prosecutor's objections, but they do have the right to pursue a wrongful death lawsuit.

A wrongful death lawsuit cannot bring victims of a wrongful death back, although we wish it could. Instead, it seeks to hold wrongdoers legally and financially responsible for their actions. By taking them to court, families who have lost a loved one unexpectedly can hold wrongdoers accountable under the law and sometimes prevent other families from experiencing the same loss and anguish. They can also help to replace an income unexpectedly lost, and the cost of household help, like baby-sitters, that might be necessary if the victim is a young parent, as in this case. And finally, a Florida wrongful death lawsuit also allows victims to claim compensation for the loss of their loved one's care, companionship, love and other emotional benefits.

Because a lawsuit isn't seeking to put anyone in prison, the burden of proof is lower in a wrongful death lawsuit than it would be in a criminal case. That means families may file a wrongful death claim even when there is no criminal prosecution, as in this case -- although families can and frequently do pursue both kinds of case. If you've lost someone you care about through another person's carelessness or illegal behavior and you’d like to learn more about your options, my firm, Cohn, Smith & Cohn, would like to help. Contact us today for a free consultation.

A woman in the Orlando area was killed in late October when she was hit by a man in an SUV. According to the Orlando Sentinel, the victim and her husband were riding across the Granada Bridge in marked bike lanes when she was struck from behind by the driver. Her husband was not injured and the driver stopped at the scene.

With so many people seeking alternative transportation in this time of rising gas prices, this sort of accident bears attention. It's worth noting that the victim was in the bike lane -- right where she was supposed to be -- and that she was struck from behind. According to a study of Orlando-area bike accidents (PDF) by a partnership of regional transport agencies, only 5% of fatal bicycle accidents happened when the cyclist was in the bike lane, and even fewer were rear-end accidents. Judging only by this very short article, it looks like the problem was in the SUV.

Finding the correct lane and staying in it protects everyone -- car, truck, motorcycle, bicycle and pedestrian -- from serious accidents. The difference is that bicyclists don't have heavy gear, seatbelts or airbags to protect them. They still have the responsibility to take care -- the Orlando study notes that intoxication and lack of lights at night are factors in multiple cyclist fatalities -- but drivers have a responsibility to take care too. Florida has generous bicycling laws that require drivers to leave three feet at the side of the road for cyclists, not counting gutters, and allows them to cross a center line to do it. Sharing the road in this way only takes an extra moment and could prevent a deadly accident like this one.

If you were hurt in a bicycle accident with a careless motorist, you have the right to hold that person responsible for the results -- medical, financial and personal. The Florida bicycle accident lawyers at Cohn, Smith & Cohn can help. To learn more about your legal options, please contact us today for a free consultation.

A bereaved husband insists that "road rage" was responsible for his wife's fatal motorcycle crash in Volusia County Oct. 18. Susana Marques of Caracas, Venezuela was visiting our country as part of the Latin American Motorcycle Association. According to the Daytona Beach News-Journal, they were on their way to a Biketoberfest event in Deltona, riding in a group of about 50, when a woman in an SUV entered the bikers' lane, forcing Carlos Marques to hit the brakes. He and his wife were thrown from their bike. Susana Marques died at a hospital later; Carlos Marques was injured.

The road rage allegations pit the club against the Florida Highway Patrol. The bikers say the woman in the SUV repeatedly cut into their lane, intentionally forcing them to brake; the FHP claims the cause of the accident was the lack of time Carlos Marques had to brake. In my opinion, as a long-time motorcyclist and an experienced Florida motorcycle accident lawyer, the FHP's statement is a bit like being told a death was caused by the victim ceasing to breathe. He clearly didn't brake in time -- the question is why. The motorcycle club rides with video cameras that may hold the answer to that question, fortunately.

The FHP also pointed out that the bikers were riding in the left lane in violation of Florida law. While this might be an explanation for the road rage the club alleges, it is in no way an excuse -- particularly since that law is not consistent across the United States and routinely ignored even by Floridians. Intentionally cutting someone off is a dangerous and irresponsible way to drive. When it causes a death or a serious injury, it might also be a crime. My heart goes out to the Marques family and the entire club.

Bikers are generally sensitive about aggressive behavior by drivers of cars, trucks and SUVs, and there are good reasons for it. One is that a motorcyclist will almost always sustain the more serious damage in an accident with a car, simply because of the weights of the vehicles and the biker's lack of a steel cage. The other is that some drivers really do have a personal problem with motorcycles, because of outmoded stereotypes or misconceptions about how the law applies to bikes. But neither is an acceptable reason to use your car as a weapon. If you're a biker who's been seriously hurt in an accident with an irresponsible cage, you may be able to win compensation for your injuries and costs. Contact us at Cohn, Smith & Cohn to discuss your accident and your legal rights.

A jury in Manatee County in late October heard a wrongful death lawsuit filed by the parents of a young woman killed as a passenger in a fatal Florida motorcycle accident. The Bradenton Herald reports that the parents of Jaclyn Bien are suing the motorcycle's rider, Ricky Lee Rowell, alleging that his underage drinking and reckless speeding caused the accident.

According to the family's attorney, 19-year-old Bien met Rowell, then 20, at a friend's party. They went for a motorcycle ride together that night, during which Rowell exceeded 100 mph, the attorney alleged. At an intersection, they crashed, killing Bien and leaving Rowell with non-life-threatening injuries. Rowell's blood-alcohol level was measured at 0.03 -- below the legal limit for people of legal drinking age, but above Florida's 0.02 limit for underage drivers. In the Florida wrongful death lawsuit, Bien's family is seeking $5 million to $10 million in damages. However, they don't expect to actually recover the money, even if they win; their attorney told the paper that a judicial decision would be enough.

I can't presume to judge Rowell's responsibility for the accident; that's for the jury in this case to do. But as a motorcyclist, I am concerned that this kind of case invokes the worst kinds of stereotypes about motorcycles and the people who ride them. As a responsible and safe rider, I do not support the behavior alleged by Bien's family's lawyer. Underage drinking is illegal, drinking and driving is wrong for everyone, and speeding in excess of 100 mph on a motorcycle -- while fun -- is a risk even when the rider is sober. On a curve, at night and with alcohol in your system, it's a very bad risk.

The vast majority of experienced riders know that, and thanks to Florida's new-rider education law, lots of new ones will soon have food for thought. Motorcycle accidents are often very serious accidents, causing deaths, brain injuries and other life-altering injuries. If you've been hurt on a motorbike through someone else's carelessness -- whether it was a rider or a driver in a car or truck -- you have the right to hold that person legally responsible for the injuries and costs they cause. At Cohn, Smith & Cohn, we offer free consultations, so there's no harm in speaking to us about your case. contact us today to set up a free evaluation of your case.

The news from our Central Florida neighbors has focused recently on a terrible Florida trucking accident that happened between a semi truck and a school bus on September 23. The truck rear-ended the school bus in Citra, near Ocala, causing both vehicles to burst into flames. The accident killed a 13-year-old girl, a middle school student on the bus. Nine other students were injured, along with the bus driver and the driver of the truck.

Importantly, the Florida Highway Patrol believes the truck driver was using a cell phone right before the accident. According to the Orlando Sentinel, the driver told the FHP he was using the phone on the day of the accident, but refused to say exactly when. Authorities told the paper that the driver will be charged with reckless driving, at a minimum, depending on whether their investigation turns up new information.

Banning the use of cell phones while driving isn't popular with everyone; only a handful of states require drivers to use hands-free headsets on the phone. But as the article notes, this accident serve as a wake-up call for Florida drivers who continue using their phones on the road. As a Florida auto accident lawyer, I see plenty of accidents that were caused by distracted driving -- using a cell phone, eating, rubbernecking and other activities that take the driver's eyes off the road. In fact, a 2006 study by the AAA and the Virginia Tech Transportation Institute found that distractions made a driver almost three times more likely to be in an accident. Phones, drowsiness, reading and eating were the most common distractions the study found.

The Governor of California signed a law banning text messages for drivers of any age in the same week that the accident occurred. California had already banned talking on the phone while driving. Those laws may be a tough sell in freedom-loving Florida, but I believe they would make our roads safer. A serious traffic accident is a life-changing event that causes death or very serious injuries, and we should do all we can to prevent them. But if you or someone you care about has already become a victim of a serious traffic crash, you should speak to us at Cohn, Smith & Cohn to discuss your rights as an accident victim and the legal options open to you. You can reach our main office at (954) 431-8100 or click here to fill out our confidential online case evaluation form.

The three adult children of a woman killed by a truck's improperly secured cargo won $1.7 million recently in a wrongful death lawsuit, the South Florida Sun-Sentinel reported. Claudia Avila was a passenger in a car traveling on Interstate 95 more than four years ago when a flatbed truck carrying a load of metal plates lost part of its cargo, sending a 34-pound metal plate crashing through the windshield in front of Avila. She was on life support with severe head injuries for more than a month before her death.

Despite the severity of the accident, the truck carrying the metal plates apparently did not stop; it took investigative work by the family's lawyer to uncover the names of the companies involved in the accident. The trucking company and the scrap metal company it delivered its cargo to settled with the family, but the manufacturer of the metal plates opted for a trial, where it was found liable for improperly securing the plates and hit with a $1.7 million judgment.

Florida wrongful death lawsuits are always hard. There is no doubt in my mind that Avila's children would rather have their mother back than this money. But because they cannot, I am glad to see that they and their lawyer have managed to track down the people at fault and hold them legally responsible for this accident. A wrongful death lawsuit can help them in small ways, by paying them back for the costs of the accident, including the costs of intensive care and a month of life support. It can also compensate them for the incalculable loss of their mother's love, support and advice.

And, I hope, it may even prevent future accidents by bringing home the importance of safety to those who carry heavy loads up and down our nation's highways every day. Most of us don't think about poorly secured cargo when we think of Florida trucking accidents, but loads that shift or drop off in transit can cause deadly accidents just like this one.

If you or someone you love has been wrongfully killed in an accident in Florida, contact Cohn, Smith & Cohn today for a free consultation about your case and your rights.

The Miami Herald reported some good news recently: Police have found and criminally charged a man responsible for running down a young mother in front of her family and a friend, then leaving the scene. Jose Santiago was arrested in mid-August for the January 7 hit-and-run, in which he hit Ana Iris Perez-Hernandez as she crossed the street to meet a friend, in front of the day-care center where her husband and six-year-old son were waiting.

An important piece of evidence in the case was a container of spaghetti Perez-Hernandez was carrying, which spilled all over Santiago’s car in the accident. After hitting Perez-Hernandez at a speed high enough to cause massive head trauma, Santiago simply drove home and parked his car, which had substantial damage as well as food on its front end. In police questioning, Santiago claimed he thought he’d hit a garbage can or a tree. Then, incredibly, he made a phone call with a tape recorder still running and told someone in Spanish that “[t]hey know I hit that woman.” Police officers in Miami speak Spanish, of course, and eventually filed charges against Santiago. Perez-Hernandez’s family has our sincere sympathies; we hope justice is served.

In addition to being dishonorable and cowardly, leaving the scene of an accident is a crime in Florida and every other state. (That’s true even if the crash only caused property damage.) In addition to putting you on the hook for a third-degree felony, hitting someone and running away also leaves you legally liable for a wrongful death lawsuit. In a successful lawsuit, Perez-Hernandez’s husband and young son would have substantial damage claims, including the loss of her wages; the costs of medical and other bills the accident caused; the loss of her love, support and spousal and parenting duties; and the emotional trauma of being so close to her accident.

Pedestrian accidents are some of the most traumatic traffic accidents I see as an attorney, because pedestrians have no seatbelts or other protections at all. They can also be quite complex, raising issues of comparative fault and insurance coverage. If you or someone you love was hit on foot by a careless driver, you can and should hold that driver responsible for the results. Contact Cohn, Smith & Cohn for a free consultation on your case.

Florida’s Move Over Act has been in the news recently because of stepped-up enforcement. If you’re not familiar with the 2002 statute, it asks motorists to change lanes when approaching police and other emergency workers at the side of the road. If it’s not possible to change lanes safely or there’s no second lane, they must slow down substantially. The goal is to reduce the deaths of emergency workers and the people they’re helping, who are sometimes hit by passing motorists. According to the Florida Highway Patrol, drivers killed five people in this manner and wounded 419 others in the five years between 1996 and 2000, before the law was passed.

I was reminded of this law -- and some drivers’ objections to it -- when I saw this article in the Orlando Sentinel. Two people were killed on Interstate 4 in just such an accident. The victims pulled their pickup truck into the emergency lane and a tractor-trailer slowed to help them out. The driver of a car behind the large truck, not realizing anyone was in the emergency lane, swerved around it and hit them. In addition to killing both, the car’s driver is now hospitalized in serious condition. Everyone involved has my deepest sympathies.

This story illustrates how vitally important it is to be cautious around pulled-over vehicles -- and never to make assumptions when the vehicle in front slows down. It’s hard to track down statistics on how many people are killed in emergency lanes each year, but I know from my 35 years of experience as a Florida car crash lawyer that it’s a lot. And frankly, any number greater than zero is too many. An emergency lane is set aside for use in emergencies; we all have an interest in making it a safe place to get out and change a tire or make a phone call. Using it to pass is both dangerous and illegal. Speeding past law enforcement officers in the right lane is those things and foolish as well.

Given the sacrifices that Florida law enforcement officers and other emergency personnel make on our behalf, moving over or slowing down is the least we can do. And because I work with car, motorcycle and truck accident victims so often, I support anything that can reduce deaths and catastrophic injuries for civilians as well as law enforcement. Car wrecks cause deaths, brain injuries, catastrophic burns and other very serious injuries. If you or someone you love was hit in an emergency lane, I urge you to contact my firm, Cohn, Smith & Cohn, to learn more about your legal rights and your options.

I’m sorry to say that the police are looking for witnesses to a fatal motorcycle accident that took place right here in Pembroke Pines. According to the Sun-Sentinel, motorcyclist Ricardo DeCastro of Miami was killed July 23 when he was rear-ended on Pines Boulevard by Larry Beltran of Miami Gardens. The article says Beltran rear-ended DeCastro at a light after following too closely, then continued through the intersection, hitting both DeCastro and his bike. If you have any information on the accident, you can report it to the Pembroke Pines Police Department at 954-431-2200.

To me, as a personal injury lawyer specializing in motorcycle accident lawsuits, the facts in the article don’t look very good for Beltran. If you’ve ever been in a rear-end accident, you probably know that insurance companies assume the driver in the rear is always at fault unless proven otherwise with some sort of authoritative documentation, like a police report. In this case, Beltran apparently kept going and hit the bike again, which won’t help. In fact, since the report says DeCastro was wearing a helmet, it could have been the deciding factor in the accident.

Normally, in motorcycle accident lawsuits, insurance companies for the other side try to make my client seem at fault by invoking tired stereotypes about reckless motorcycle gangsters. That’d be hard in this case, with DeCastro wearing his helmet -- even though it’s not required by law in Florida for most riders. By contrast, it could be a tough job to describe Beltran as an innocent victim if it’s true that he was tailgating and failed to stop right away.

Of course, we don’t have the full story, which could change everything. And in any case, my sympathies go out to DeCastro’s family, who are truly innocent victims no matter what the facts. But if you and your family have gone through a similar tragic motorcycle accident, you have every right to sue the careless driver over the bills and the suffering caused by your injuries or wrongful death. I encourage you to contact my firm, Cohn, Smith & Cohn, for a free consultation on your case.