Published on:

The last few weeks have been laced with tragedy for numerous South Florida families, now coping with the loss or serious injury of a loved one in a pedestrian accident.
streetlife.jpg
Our Sarasota pedestrian accident lawyers know that while there have been some efforts to improve safety for those on foot, it hasn’t been nearly enough to stem the tide and curb the state’s reputation as one of the most dangerous in the country for walkers.

Although preliminary figures from the first half of last year indicate that pedestrian fatalities in Florida have dropped slightly, that’s only after years of climbing – and the final annual tally hasn’t yet been made. Florida Department of Transportation reports that in 2010, pedestrian traffic crashes in Florida resulted in 499 deaths, 2,072 non-fatal hospitalizations and 7,650 nonfatal emergency room visits.

Continue reading →

Published on:

The Florida Supreme Court in the case of Christensen v. Bowen recently decided that then owner of a jointly titled vehicle could be held vicariously liable – even though it was undisputed that the owner had not used, possessed or exerted any actual control over the vehicle since its purchase.
atthewheel.jpg
Car accident attorneys in Cape Coral recognize that this ruling gives more options to Florida victims of serious crashes regarding whom they might pursue in a personal injury action.

Vicarious liability – also known as respondeat superior – is the legal principle that holds that an individual or company can be held responsible for the negligent actions of a subordinate or any third party where the defendant had the right, ability or duty to control.

Continue reading →

Published on:

Recently, legislators in Maryland took a step toward the creation of a no-fault birth injury fund, with the aim of reducing costs associated with obstetrician medical malpractice lawsuits filed on behalf of children and parents.
max.jpg

If such a measure passed, it would make Maryland the third state in the country to have such a program – behind Virginia and Florida. You may not have realized that Florida has a no-fault birth injury compensation fund – called the Florida Birth-Related Neurological Injury Compensation Fund – and that’s probably because it isn’t as widely used as initially intended.

Our Fort Myers birth injury lawyers know that while the fund is a viable option for some families and can help to avoid the cost and energy associated with a court battle, there are a number of drawbacks.

Continue reading →

Published on:

Recently a Delray Beach jury awarded a Florida dog bite victim $7.7 million in damages for injuries he sustained when he was attacked by his neighbor’s three dogs outside their home. The victim sustained long-term injury to his back in the process of fending off the animals.
dogbite1.jpg
In seeking to recover damages for a Naples dog bite – or injuries from any animal bite – it’s not necessary under Florida law for the victim to establish that the animal showed any signs of prior aggression.

Florida Statute 767.04 holds that the owner of any dog who bites a person either in a public place or who is lawfully in a private place is liable for the damages suffered – regardless of the former viciousness of the dog or the owner’s knowledge of it. If there is any negligence on the part of the victim, this can be taken into account as a potential reduction of liability, but it won’t eliminate it altogether.

Continue reading →

Published on:

Today more than ever, people are recognizing the many health benefits of bicycling. That’s a big part of the reason why interest in the activity has picked up so much speed in recent years.
lonelybiker.jpg
Unfortunately, it’s an activity that our Cape Coral bicycle accident lawyers recognize comes with the risk of injury, primarily as the result of being struck by a motor vehicle.

Typically, reports on bicycle injuries focus on traumatic brain injuries, like the one that recently claimed the life of longtime NBC-2 Meteorologist Jim Reif. There is no question that this is a primary concern. However, a new study published in the journal Injury Prevention indicates that riders commonly run the serious risk of injury to the kidney or genitalia. What’s more, children are 10 times more likely than adults to suffer these particular kinds of injuries.

Continue reading →

Published on:

There is no singular cause for Fort Myers birth injuries and likewise, a new medical report indicates, neither should prevention efforts focus on a singular approach.
pregnantseries2.jpg
Back in 2003, the Task Force Report on Neonatal Encephalopathy and Neurological Outcomes indicated that the primary determination by those analyzing a birth injury should be whether there was an event that caused a lack of oxygen to the fetus around the time of birth. This is called a hypoxicischemic event, and is often associated with birth injuries such as cerebral palsy, seizures and other forms of brain damage.

Now, more than a decade later, the task force, comprised of doctors with The American College of Obstetricians and Gynecologists and the American Academy of Pediatrics, is shifting its focus. Instead, the doctors indicate, there needs to be a broad evaluation of all of the factors that may have potentially contributed to neonatal encephalopathy. That is the clinically-defined syndrome of disturbed neurological function in the earliest days of life.

Continue reading →

Published on:

April is National Distracted Driving Awareness Month, and a new report indicates that more accidents than ever are caused by drivers who simply weren’t paying attention.
freeway.jpg
The National Safety Council’s yearly injury and fatality report, “Injury Facts,” reports cellphone use causes more than a quarter of all crashes in the U.S. Interestingly, researchers discovered only 5 percent of those are the result of texting, which belies the belief that talking on the phone is somehow less dangerous than sending text messages.

Car accident attorneys in Naples know what’s more, according to new research conducted by Texas A&M’s research institute, voice-to-text features can actually be more risky than texting while driving, despite the fact that they are touted as a safer alternative.

Continue reading →

Published on:

Recently, the Advocates for Highway Safety listed Florida s among the worst states in the country for lax highway safety laws, ranking the seventh-worst out of 50.
curvesahead.jpg
Cape Coral car accident attorneys understand a number of legislative measures moving through the Florida House and Senate this session aim to fix that, though support for these moves has been mixed.

As the Florida Center for Investigative Reporting indicates, Florida’s abysmal safety rating is due to a number of different factors, including:
–No primary seat belt law enforcement for rear passengers.
–No law requiring all motorcycle riders to be helmeted.
–Poor child safety seat laws.
–Only having four of the seven recommended teen safe driving provisions.
–Having an interlock ignition law that does not require the device for first-time DUI offenders.
–A text messaging ban that is weak, as a secondary offense punishable by a small fine.

Continue reading →

Published on:

Most people know that if they are the victim of negligent medical care, they can seek compensation through a medical malpractice action. However, people are less familiar with the fact that they can file a Fort Myers beauty salon lawsuit for personal injury sustained by hair salons, nail care professionals and other beauty treatment providers.
beautysalon.jpg
There was a hair salon lawsuit out of Estero just a few years ago, where a 14-year-old girl went to a salon to have the tips of her hair dyed blue, and left with third-degree burns and bald patches. Even two years later, the girl’s scalp remained hypersensitive to the touch, and she suffered emotional cruelty from her peers. The 20th Judicial Circuit Court later awarded the girl more than $1 million in damages for her medical expenses, as well as pain and suffering.

This kind of a success is a good possibility when you hire an experienced legal team. However, as the more recent case of Bioderm Skin Care, LLC v. Sok, failure to provide the appropriate expert reports can be detrimental to your claim.

Continue reading →

Published on:

When a plaintiff is successful in a Fort Lauderdale birth injury lawsuit, the damages awarded are often in the six figures and beyond. The reason is because of the absolutely devastating and lifelong impact that such injuries have.

gavel2.jpg

Not only do parents suffer the emotional trauma of the loss of a healthy child, there are likely to be years of therapy, surgeries, treatments, medications and probably caregiver services. Parents will be forced to take extensive time away from work and other obligations in order to meet their child’s needs, and the child may never be fully independent.

But as parents of these children know, many are fighters. They work hard to achieve sometimes what others may have thought impossible. These accomplishments should not be punished.

Continue reading →

Contact Information