Florida Accident Attorney Blog

A Lee County jury has awarded a Fort Myers, Florida area man $3 million in a lawsuit surrounding a 2008 auto accident case where the insurance company refused to pay full coverage.

According to Florida news sources, a Collier County school teacher sued State Farm Insurance following a two car crash that left him with serious personal injuries, including a neck fracture and wrist injury.

The other driver involved in the traffic accident, which occurred in Lehigh Acres, Florida, was reportedly only insured for $25,000. The school teacher injured in the motor vehicle accident had $2 million in uninsured motorist coverage; he filed a lawsuit claiming that State Farm refused to adequately pay for his damages and medical costs. A Lee County, Florida jury agreed, awarding him $3 million for medical expenses and pain and suffering.

When a car accident occurs causing injury or death, families may seek advice from a Fort Myers accident injury attorney. Lawyers with knowledge of traffic laws and experience working with insurance companies and the Florida judicial system can guide families on what to do following an accident causing injuries or fatalities.

Florida Motor Vehicle Accident Insurance Requirements
The trial in this motor vehicle accident injury case lasted for four days. The other driver's amount of insurance coverage came into question. According to the Florida Dept. of Highway Safety and Motor Vehicles, auto insurance is mandatory, and the minimum amounts are as follows: $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) for drivers with a valid Florida license plate. However as experienced Fort Myers traffic accident attorneys know, sometimes those amounts of coverage are insufficient, if serious injury to other motorists occurs.

See link below to official Florida state website for more on auto accident insurance requirements.

Sources:

Florida Man Wins $3 Million in Lawsuit Against State Farm Insurance Over 2008 Car Crash
AVVO.com April 12, 2011

Buckingham man awarded $3 million in State Farm lawsuit
News-Press.com April 12, 2011

Florida Department of Highway Safety and Motor Vehicles: Vehicle Insurance Questions and Answers

Related Florida Accident Attorney Resources:

Insurance Companies: Greed and Dirty Tricks Rule the Day

What Damages Mean to You in Your Florida Personal Injury Lawsuit

Florida Injury Lawyer Videos: What to Do If You're Hurt in a Florida Accident

A Florida news source reports that an Ocala woman who was paralyzed in a 2006 commercial truck accident has received a settlement of $2.6 million for her injuries.

The serious traffic accident, which left a young woman in a wheelchair, took place in Aug. 2006. The female victim, age 18, was reportedly riding in the back seat of a vehicle turning onto Marion Oaks Course from County Road 484 in Ocala, Florida when the vehicle was struck by a Mack truck.

The lawsuit filed in Marion County Circuit Court, Florida indicated that the truck driver had been working too many hours and was fatigued when the crash occurred. The U.S. Department of Transportation regulates the number of hours commercial truck drivers may be on the road before they are required to rest (see link below).

Fort Lauderdale truck accident injury lawyers stay current on the driving laws and safety regulations in place for commercial tractor trailer operators.

As experienced South Florida injury attorneys know firsthand from their work with berieved families, car accidents involving big rig tractor trailer trucks often have disastrous results: The National Highway Traffic Safety Administration (NHTSA) reports that in 2008, one out of nine traffic accident deaths involved a large commercial truck.

Related Webpage:

South Florida Truck Accidents : Frequently Asked Questions

Sources:

$2.6M settlement for 2006 vehicle crash victim
Ocala.com Jan. 12, 2011

NHTSA Traffic Safety Facts Data 2008: Large Trucks (PDF)

Related Web Resource:

U.S. Department of Transportation : Federal Motor Carrier Safety Administration
Hours-of-Service Regulations

Minor league baseball player Brian Cole, an outfielder from Mississippi and New York Mets prospect, had embarked on a promising career in sports. Then, Cole's young life came to an abrupt end.

According to Sports Illustrated, on March 31, 2001, Cole was driving his Ford Explorer Sport SUV home from spring training in Port St. Lucie, Florida. His cousin was riding with him. For unknown reasons, his vehicle veered off the road. When Cole turned the steering wheel to regain control of his SUV, his Ford Explorer flipped several times, ejecting Cole from the vehicle and killing him. Cole's passenger walked away from the Florida SUV roll over accident.

Florida Highway Patrol reported that this fatal Florida sport utility vehicle crash occurred on Interstate 10 near Florida Highway 286, south of the Georgia border and roughly 45 miles NW of Tallahassee. In a lawsuit against Ford, Cole's family asserted that the SUV didn't perform properly and that Cole's seatbelt malfunctioned, causing him to be ejected from the vehicle. In a statement, Ford claimed that Cole had been driving 80 mph.

This fatal Florida SUV rollover accident case was tried in Mississippi twice before the third case was successfully brought to resolution this month. Ford reportedly agreed to a $131 million judgment and settled with Cole's family for an undisclosed sum before the punitive phase of the trial.

Some sport utility vehicles such as the Ford Explorer have made news headlines in recent years due to their tendency to flip and roll over during some traffic accidents. Fort Myers, Florida SUV rollover accident lawyers have knowledge regarding manufacturer liability in cases where vehicle design flaws may lead to deadly SUV rollover crashes.

Defective tires have also been blamed for a number of SUV rollover accidents in recent years.

Ford Motor, family of Mets' prospect settle crash lawsuit
SportsIllustrated.com Sept. 2, 2010

Brian Cole's family wins $131 million suit
ESPN.com Sept. 2, 2010

The family of a teenager killed in a speeding related car crash in 2003 has been awarded $6 million by a jury in West Palm Beach, Florida.

According to the Palm Beach Post, driver Carlos Pozo is serving a 5.5 year sentence in adult prison for vehicular homicide in a fatal Palm Beach County car accident that took place in November 2003.

CBS News 12 reported that Mr. Pozo was driving his Acura at extreme speeds on residential roads in the Palm Beach Gardens' PGA National community, when he lost control of his vehicle, slamming into trees. Kaitlin Kazanjian, age 16, was ejected from her seatbelt by the impact and killed. News media reported that the car was cut in two.

The parents of Ms. Kazanjian pursued a civil lawsuit in a West Palm Beach, Florida court, they said, so that the story of their daughter and her lost potential could be told. The car crash victim's father is a sergeant in the Palm Beach County Sheriff's Office.

An experienced Palm Beach County injury lawyer is aware of the potentially fatal combination of motor vehicles, speeding and young drivers. A study by the AAA Foundation revealed that teenaged drivers do not have the life experience and judgment to handle vehicles at high rates of speed, particularly with friends in the car. (Source: Teen Crashes -- Everyone Is at Risk, AAA Foundation for Traffic Safety, Feb. 2009.)

Jury awards $6 million to parents of 16-year-old killed in crash
Palm Beach Post June 12, 2010

Family of girl killed in crash awarded $6 million
CBS12.com June 12, 2010

Related Web Resource

Palm Beach County Clerk & Comptroller

The Florida Board of Medicine has revoked the license to practice from a Sarasota, Florida doctor after he aborted the wrong fetus in a woman pregnant with twins in Jan. 2006.

The associated press reported that a patient who was 16 weeks pregnant with twins asked the doctor to abort a male fetus that tests showed had congenital defects. The doctor was reportedly quoted as saying though he hadn't done this type of procedure before, he believed he could do so safely. He told the press that he had informed the patient of his inexperience yet she still wanted to proceed with the selective termination -- which makes use of a chemical injection to terminate one fetus in a pregnancy with multiple babies. Instead, a female fetus that did not have birth defects was aborted.

The patient later returned to the same doctor to abort the male fetus. The doctor reportedly told the press that the patient received a liability settlement of $250,000 to compensate for his medical error.

A South Florida birth injury attorney with knowledge regarding medical malpractice and medical negligence may be consulted by families who believe their babies suffered harm or died during or after the birthing process, due to medical error.

The St. Petersburg Times reported that last year, seven Florida doctors had their licenses revoked as a displinary action by the Florida Medical Board. The doctor in this case told the press he regrets the error and plans to appeal his license revocation.

Doctor Terminates Wrong Fetus, Loses License
CBSNews.com April 13, 2010

Sarasota doctor loses medical license for aborting wrong fetus
St. Petersburg Times April 13, 2010

Related Web Resources

Florida Board of Medicine

CBS News: The Abortion Debate

A Fort Myers, Florida construction company was among the parties held liable in a lawsuit following the 2007 traffic accident death of a Sarasota father on Interstate 75. Last month, a Sarasota County, Florida jury awarded the family of 42-year-old James Brashear $4 million in a case that drew attention to Florida highway safety and preventing deadly road construction site accidents.

According to the Florida Highway Patrol, the deadly multi-vehicle Florida highway accident took place on Oct. 1, 2007, at 12:30 a.m., where a temporary roadblock had been set up around construction at the Bee Ridge Road interchange. The Herald Tribune reported that a semi-truck traveling at 70 mph failed to stop in time to avoid the line of cars stopped at the roadblock, slamming into them and setting off an 11-vehicle accident. Two men died (Mr. Brashear and a man from Miami) and several other people were taken to hospitals with serious injuries. Mr. Brashear's son was among the injured, and he survived.

The Brashear family's lawsuit in this fatal Florida I-75 highway work zone accident cited lack of adequate signage warning motorists leading up to the construction site as contributing factors. A jury ordered Zep Construction of Fort Myers, Florida, and Traffic Control Systems Inc. to pay punitive damages to the family of Mr. Brashear. The insurer for the trucking company of the semi-truck involved in the accident had previously awarded the families of the two men killed a $500,000 settlement.

Fort Myers truck accident lawyers have knowledge regarding Florida traffic laws and safety regulations. Studies have shown that highway construction sites can be particularly hazardous at night -- when drivers are unprepared for sudden stops, lane closures, detours, and unexpected workers and vehicles in or close to the road. The Florida Department of Transportation Work Zone Safety website reports that more than 50 percent of road work site / traffic crashes occur after dark, and that 90 percent of people who perish in road construction zone accidents are motorists and pedestrians.

Jury awards family $4 million for fatal accident
HeraldTribune.com Feb. 25, 2010

Related Web Resource

Florida Work Zone Safety

An Illinois resident originally from North Fort Myers, Florida was sentenced to 2 years in prison following a pedestrian car accident that left a Cape Coral boy with serious injuries.

According to news reports, three-year old Gage Root suffered several broken bones and other serious injuries in Oct. of 2008, when he jumped out of a child's wagon being pulled by his aunt and ran across a construction site on Del Prado Blvd near Kismet Pkway. The boy was struck and dragged by a vehicle that did not stop at the accident scene. Police identified the maroon Lincoln involved in the Florida hit-and-run crash as belonging to Kenneth W. Upmann, 43.

News reports state that Upmann had left Florida during the police investigation, but tips led authorities to his location in Warren, Illinois. He was extradited back to Florida. Last week, a Lee Circuit Court judge gave Upmann a plea deal of two years in prison and three years probation.

Fort Myers pedestrian accident lawyers follow cases such as this where people out for a walk in Florida are seriously injured or killed by hit and run drivers. A study conducted by the National Highway Traffic Safety Administration revealed that hit-and-run drivers are responsible for roughly one-fifth of all traffic-related pedestrian accidents, which killed 4,882 pedestrians in 2001. (Source: Pedestrian Roadway Fatalities, NHTSA Technical Report, April 2003.)

Construction zone accidents are unfortunately not all that uncommon. Safety advocates advise pedestrians, motorists, police, flaggers and road workers at construction sites to use extra caution to avoid car-pedestrian accidents.

(See related blog entry Report Sheds Light on South Florida Highway Construction Zone Accidents & Deaths).

Man accused of running over Cape Coral boy strikes plea deal
News-Press.com Jan. 14, 2010

Suspect in Hit-and-Run Accident from October Arrested in Illinois
CapeCoral.net May 8, 2009

A jury found a 26-year-old Miami, Florida woman guilty of vehicular homicide in a car and motorcycle accident that left two motorcycle operators dead. The fatal Florida car accident occurred in Feb. 2008.

Killed were an off-duty police officer from North Miami and a computer operator from West Palm Beach. According to news reports, the two friends, who were en route to Bike Week in Daytona Beach, Florida, were parked along the side of interstate 95 northbound near St. Lucie and Indian River counties. They were struck and killed by the female motorist, Dominique Brice, whom witnesses reported was travelling at high rates of speed, weaving in and out of traffic, and cutting off other drivers. The driver found guilty in this fatal Florida car crash was driving a Saturn.

The jury verdict of vehicular homicide could carry a sentence of up to 30 years. Sentencing will take place in Nov.

Florida Motorcycle Accident Fatalities Highest in the Nation
Fort Lauderdale motorcycle accident lawyers witness the devastation families endure when their loved ones are injured or killed by motorists driving recklessly. The National Highway Traffic Safety Administration (NHTSA) reports that the rate of fatal motorcycle accidents rose by 7 percent in 2007 -- 5,154 motorcyclists died and some 103,000 were injured on the nation's roadways. Of those fatalities, 530 were in Florida -- the highest number killed in the country -- followed by California (495) and Texas (375). (NHTSA Traffic Safety Facts 2007 Data: Motorcycles)

Vero Beach driver found guilty in death of two motorcyclists
TCPalm.com Oct. 14, 2009

Related Web Resources

Motorcycle Safety Foundation

Florida Motorcycle Training Courses

The attorney representing a woman injured in a fatal Florida semi-truck crash is asking the courts to reconsider the case.

The fiery commercial truck accident involving two semi trucks -- one transporting potato chips for Frito-Lay and another carrying hot dog meat -- occurred Oct. 12, 2007, at the U.S. 441 exit off I-75 in Alachua, Florida, around 7 a.m. According to news reports, the Florida Highway Patrol had ordered traffic diverted off interstate 75 southbound due to an earlier accident in Gainesville. I-75 begins near Miami, Florida and ends at the Georgia state line.

Alachua Police were directing traffic when the accident between the two semitrucks and a van transporting employees to the V.A. Medical Center in Gainsville occurred. Reports state that the Frito-Lay semi-truck slammed into the rear of the semi carrying hot dog meat, forcing it into the van. The Frito-Lay truck driver was killed in this Florida highway traffic accident.

A Florida attorney representing a woman in the van who suffered personal injury objects to the jury's findings, which split negligence across four parties: the Alachua Police Dept. (35% negligent), the deceased Frito-Lay truck driver (15% negligent), the van driver (35% negligent), and the hot dog meat semitruck driver (15% negligent). No monetary compensation was awarded in this case. The lawyer for the injured woman asserted that the deceased truck driver had a history of hypertension and traffic violations, and that the trucking company should have been held accountable for full damages.

Florida truck accident lawyers have experience and knowledge in the areas of personal injury law and liability, in complex cases like these involving multiple drivers and entities. The attorney representing the woman injured in this accident has scheduled an October 2 date asking for the case to be reconsidered. He would like to see charges against the Alachua Police Dept. dropped, as they were not named a defendant in the original lawsuit in Florida. He alleges that assigning a percent of negligence to parties not named in the original lawsuit is a tactic used by trucking companies to avoid paying full damages. His client had filed a lawsuit against FL Transportation Inc., which maintained the Frito-Lay Orlando Traffic Center where the deceased potato chip semi-truck driver was headed.

Attorney wants ruling against Alachua Police Department dropped
The North Florida Herald, Sept. 17, 2009

Jury finds Alachua police, others negligent in crash
Gainsville.com Sept. 4, 2009

Related Web Resources

Alachua County, Florida

Federal Motor Carrier Safety Administration

The Dante Stallworth case is back in the news, as the NFL announced it will suspend the Cleveland Browns wide receiver for the remainder of the 2009 football playing season. Stallworth was found guilty of DUI manslaughter in a Miami, Florida traffic accident that claimed the life of a pedestrian.

Stallworth served his 30-day sentence and earlier this month, a judge agreed to let him work out to get in pro condition, though he had been ordered to two years house arrest. Nonetheless, NFL Commissioner Roger Goodell chose to suspend Stallworth for the remainder of the season. A report on the NFL.com website (see link at end of entry) says he will be reinstated after the Super Bowl.

Florida Car Pedestrian Accident Fatalities
In cases where a driver's recklessness or negligence may have led to pedestrian injury or death, a Miami pedestrian accident lawyer is sometimes called upon by the aggrieved families to assist with the case. The National Highway Traffic Safety Administration (NHTSA) reported that 490 pedestrians were killed in traffic accidents in Florida in 2008. Driving under the influence of alcohol over the Florida legal limit of BAC .08+ was reported in 875 traffic deaths that same year. (NHTSA Traffic Safety Facts Florida 2004 - 2008.)

This fatal Miami Beach, Florida drunk driving accident involving Stallworth occurred last March, when the car he was driving struck and killed a construction worker crossing MacArthur Causeway on foot to catch a bus. Stallworth plead guilty to manslaughter and driving under the influence of alcohol -- a charge which typically carries 10 years imprisonment in Florida. He came to an agreement with the victim's family to pay them a confidential financial settlement. His prison time was reduced to 30 days, which he has served.

In addition to the prison time and confidential financial settlement the verdict brought back for the aggrieved family, authorities also suspended Stallworth's driver's license for life, and ordered him to pay fines of $10,000 and to perform 1,000 hours of community service.

Brown Down: Wide Receiver Donte Stallworth Suspended By The NFL For 09' Season
19ActionNews.com Aug. 14, 2009

Goodell: Stallworth suspended for season, placed 'stain' on NFL, players
NFL.com Aug. 13, 2009

Browns' Donte Stallworth Gets 30 Days for DUI
Wide Receiver Will Pay Financial Settlement to Victim's Family
ABCNews.com June 18, 2009

Related Web Resources

WalkingInfo.org

NHTSA Pedestrian Safety Program

Florida pediatrician Howard Engle ran a successful medical practice for decades in Miami Beach. He was also a lifelong smoker who reportedly tried to quit multiple times. Lawyers determined that his trying and failing to kick the habit made him a good candidate to lead a class-action lawsuit.

As the lead plaintiff in what become known as the "sick smokers of Florida" lawsuit, Dr. Engle made history in 2000 when a Miami jury awarded $145 billion in punitive damages against the tobacco companies. Engle died July 22 in his Miami Beach home at age 89 from smoking-related respiratory ailments, according to news reports. He was finally able to quit last fall and had been receiving hospice care, his family stated.

Engle's class-action claim against the tobacco companies made legal history due to the size of the multi-billion-dollar award. The verdict was later overturned and made null by the Florida Supreme Court, which determined the award to be excessive and ruled that thousands of smokers covered by the case must prove their damages on an individual basis. Those personal injury cases are currently being tried across the state of Florida.

An experienced Florida injury attorney may be consulted by individuals and families who believe they have suffered medical problems or lost a family member due to product liability or defective products. The Centers for Disease Control and Prevention (CDC) reports that about 443,000 deaths in the U.S. every year are linked to smoking-related diseases.

For years cigarettes have been the focus of product liability complaints and lawsuits, including people seeking damages for ailments caused by second-hand smoke. Other cigarette lawsuits are in progress in U.S. and Canadian courts -- in some cases attempting to hold tobacco companies accountable for "inappropriate marketing" that misleads consumers about the risks. Dr. Engle reportedly told the press that he started smoking as a medical student to mask the smell of the cadavers they used to learn anatomy. He also stated that as a young man in the 1940s, he received cigarettes from representatives of major tobacco companies handing out free samples on the streets.

Howard Engle, who led historic class-action tobacco lawsuit in Miami, dies at 89
SunSentinel.com July 26, 2009

Howard Engle dies at 89; lifelong smoker filed landmark suit against tobacco companies
Los Angeles Times, July 25, 2009

Related Web Resource

CDC: Office on Smoking and Health

The NFL has suspended Cleveland Browns wide receiver Donte Stallworth indefinitely following his conviction on DUI manslaughter charges last month. Stallworth was behind the wheel in a Miami Beach drunk driving accident that occurred in March, fatally striking a construction worker who was crossing MacArthur Causeway to catch a bus.

Stallworth, whom police determined was driving under the influence of alcohol after being out nightclubbing, claimed he tried to warn the victim before the fatal DUI pedestrian car accident occurred.

A Miami Dade Circuit Judge sentenced Stallworth to 30 days in jail and two years of house arrest. He will also be on probation for 8 years, during which time he must complete 1000 hours of community service and donate $2,500 apiece to Mothers Against Drunk Drivers (MADD) and to Parents of Murdered Children. In addition, his sentence states that he will lose his driving privileges for life.

Florida pedestrian accident lawyers counsel families when someone close to them has been killed or suffered personal injury in a pedestrian-car accident. As part of Stallworth's sentencing, he will also be required to reimburse the Miami Beach and Miami Dade Police Departments for their expenses as well as court expenses.

Stallworth suspended indefinitely after DUI manslaughter conviction
MiamiHerald.com June 18, 2009

Donte' Stallworth gets 1 month in jail, 2 years house arrest in DUI death
MiamiHerald.com June 16, 2009

Related Web Resources

NFL Columnist: Stallworth's situation can offer league path to help educate players

PEDSAFE Crash Statistics

In an agreement with the U.S. Consumer Product Safety Commission (CPSC), Mattel and its subsidiary Fisher-Price will pay $2.3 million in civil penalties for toys made in China containing high levels of lead paint. Lead paint has been shown to cause injury when ingested and is banned in the United States. This defective products penalty is the highest of its kind imposed by the CPSC.

The Mattel civil penalty sheds more light over recent concerns by Congress that some Chinese-made products don't meet United States standards for consumer safety. Defective products originating in China from pet food to baby formula were pulled from U.S. shelves and came under FDA scrutiny when they were shown to contain ingredients that may be harmful to animals and people. The Mattel penalty involves importing and distributing non-compliant toys containing lead paint, including Sarge cars and Barbie accessories.

Experienced Florida product liability lawyers know how to interpret federal and state laws designed to protect consumers from faulty or defective products.

Other Defective Chinese Products: Faulty Drywall in Florida Construction
Earlier this year, we wrote about how some faulty construction materials made in China may be affecting people's health and the air quality in their homes. (See South Florida Construction Product Liability: Faulty Chinese Drywall to Be Tested.)

Senators are seeking funding to continue studying this problem in Florida construction liability and in home building around the country.

Mattel to Pay $2.3 Million Penalty for Toy Hazard
Bloomberg.com June 5, 2009

Senators Seek Funds for Chinese Drywall Study
Environmental Protection June 5, 2009

Related Web Resources

Mattel, Fisher-Price to Pay $2.3 Million Civil Penalty for Violating Federal Lead Paint Ban Penalty is highest ever for CPSC regulated product violations (CPSC press release)

U.S. Consumer Product Safety Commission (CPSC)

Consumer Product Safety Improvement Act

A Port St Lucie man seeking legal advice for an auto accident ended up on a Florida law firm conference room floor -- and winning a multi-million-dollar product liability lawsuit.

The ABA Journal reports that Robert Friedrich went to a North Palm Beach law firm in 2003 to seek legal counsel regarding a car crash incident. Friedrich reportedly suffered personal injury when the office chair he sat in collapsed, and he fell and struck his head. The plaintiff claimed the injuries he suffered when the office chair collapsed resulted in more than $200,000 in medical bills and his losing his employment of 16 years.

A Palm Beach County jury awarded the Florida man and his wife $2,230,569 in the case, apportioning liability for the man's injuries between the furniture store that sold the office chair to the law firm in 1998 (67.5%) and to the law firm that owned the chair (32.5%). The jury also determined that the original auto accident was responsible for 25% of the man's injuries.

The law firm released a statement saying the manufacturer of the chair should have been held completely responsible.

A search on the U.S. Consumer Product Safety Commission website (see link below) displays a number of alerts regarding high chairs, lawn and patio chairs, stackable chairs, recliners, and other types of chairs that have been recalled in the past for collapsing hazards. Florida product liability attorneys are familiar with safety laws and regulations that protect consumers from defective products.

Would-Be Client Wins $2.2M Verdict in Law Office Chair-Collapse Case
ABAJournal.com May 7, 2009

Furniture failure verdict nets fortune
WPTV.com May 7, 2009

Related Web Resources

U.S. Consumer Product Safety Commission:

CPSC Homepage

CPSC Search Results for "Chair Collapse"

Florida Personal Injury Attorney Debi Chalik fought for and won a $400,000 settlement for a client who suffered serious injuries resulting from a slip fall accident. Tonya I., a client of The Law Offices of Chalik & Chalik, slipped and fell on a wet bathroom floor at a Florida restaurant and hotel chain location. The client claimed that her slip and fall accident aggravated a lower-back injury, which caused nerve compression. She also claimed that a head injury suffered in the fall triggered a structural defect in the brain called a Chiari malformation, causing seizures, difficulty swallowing, and memory loss. Tonya required spinal surgery to treat her injuries.

Attorney Debi Chalik, a partner in the South Florida based Chalik & Chalik Law Offices, investigated the facts and circumstances surrounding Tonya's accident. Attorney Chalik determined that the establishment failed to adequately maintain their property and keep it safe for patrons so they would not injure themselves. After months of negotiation, the property owner agreed to pay $400,000 to compensate Tonya for her injuries.

As an experienced slip trip and fall accident lawyer, Attorney Debi Chalik fought hard to prove the owner of the property was accountable for the client's injuries. Slip and fall accidents can cause broken bones, head injuries, and in cases like Tonya's, multiple injuries that require surgery, medication, and lengthy rehabilitation.

University of Florida Slip Trip and Fall Accident Injury and Fatality Statistics
A University of Florida study estimated that in 1999, more than 1 million Americans suffered a slip, trip or fall injury, and over 17,000 died as a result. The study breaks down slip/fall injuries into "same-level falls" (such as slipping on a wet floor) vs. "elevated falls" (such as falling off a ladder). The study reported that 12 to 15% of all Workers Compensation claims are caused by slip fall accidents, and that 5,100 workers died in 1999 as a result of such mishaps. Back injuries are the most common type of injuries in slip fall accidents.

A slip fall injury only takes a second to occur, but the problems incurred can last for months, years, or even a lifetime. Sometimes these accidents can even cause death. An experienced South Florida slip/fall accident lawyer helps clients such as Tonya recover and go on with their lives by fighting for the compensation they deserve and need to cover medical bills and lost wages.

Defendants Settle: $400,000.00 Fall on Wet Bathroom Floor
Chalik & Chalik Newsletter Volume #3 2009

Related Web Resources

University of Florida: Preventing Injuries from Slips, Trips, and Falls

National Safety Council: Falls in the Home and Community

Officials for the City of Fort Lauderdale, Florida, have agreed to pay the family of a pedestrian killed by a police car $65,000. Donald Perry, 49, was killed on March 29, 2007, when a police car driven by Police Detective Christopher Young-Tem hit him on Sistrunk Boulevard in Fort Lauderdale. Young-Tem was driving west to Lincoln Park, responding to a call about gunfire.

New reports said this was the second car pedestrian accident Detective Young-Tem had been involved in with his cruiser. Records show he had struck another pedestrian earlier that year -- a woman crossing Florida interstate 595 whose boyfriend had kicked her out of the car. In that case, the victim survived. Young-Tem has been cleared of wrongdoing in both pedestrian accidents. City commissioners met privately and decided to settle the case with Perry's family; taxpayers will foot the bill for the $65,000 settlement.

Accidents between cars, trucks and pedestrians happen in every city, in every state. There's a sad irony when a pedestrian is killed by a police officer, whose job it is to protect the public.

The National Safety Council reported that 6,074 pedestrian deaths occurred in 2005 -- that's more than the 4,387 motorcycle rider deaths reported for the same year. The same report indicates that a person born in 2005 has a 1 in 627 lifetime odds of dying in a pedestrian accident. Cross the street safely out there. Motorists are in a big hurry to get where they're going, particularly police officers responding to calls.

Fort Lauderdale to pay $65,000 to family of man struck and killed by police car
SunSentinel.com Jan. 22, 2009

Related Web Resource

National Safety Council
Odds of Death Due to Injury, United States, 2005

In 2006, a Broward County jury awarded a landscaper injured in a Hollywood Florida public works truck accident $1.2 million for his injuries. Now insurance company attorneys for the city of Hollywood Florida are fighting the award, refusing to pay the injured man what a jury determined he was owed.

Ronald Miller of West Hollywood, Florida, was a self-employed landscaper with no health insurance. During the evening rush hour on July 30, 2002, Miller was going northbound on Federal Highway and planned to turn left onto Sherman Street. A Hollywood Florida Public Works truck cut him off and crashed into his pickup truck. Both trucks were totaled.

Since the accident, Miller, who runs Ron's Lawn Service, has endured two knee surgeries amounting to $60,000 per knee. He continues to mow lawns for a living on painful knees so badly damaged that they may need to be replaced with artificial joints in the future. After the verdict, Miller received $100,000 from the city, and half went to his growing medical bills which he admitted were far greater than he expected. His personal injury attorney believes his future medical bills may be in excess of $300,000. The sad irony of this case is that the accident victim only sought a settlement of $85,000 initially.

The $1.2 million jury verdict is in dispute because under Florida law, municipalities are protected from judgments in excess of $100,000, unless the Legislature waives the state cap. Because Miller only initially asked for $85K to cover his medical expenses, and due to other factors complicating the case, the insurance company for Hollywood Florida believes the case was mishandled, and the $1.2 million award would unfairly burden taxpayers. Hollywood Florida insurance company lawyers are seeking to have the verdict voided or the award reduced. A special legislative hearing has been called in this case.

As Florida accident attorneys, we are familiar with the strategies insurance companies use when people who have suffered personal injury seek compensation for medical bills, pain and suffering, and lost wages. Now the city of Hollywood Florida is trying to shift some of the blame for the truck accident onto Mr. Miller, who says he is unable to keep up with his medical bills or to work enough to support his family. We will be watching for the outcome of this Broward County legal dispute, which is not expected for several months.

Hollywood fighting $1.2 million liability award in public works truck crash Sun-Sentinel.com Nov. 22, 2008

A Broward County Jury in Fort Lauderdale, Florida, awarded a local couple $3,606,000 in a lawsuit alleging secondhand work-related exposure to asbestos. Lynda Daly, 57, a resident of Broward County, Florida since 1998, was diagnosed with mesothelioma in May 2007—a deadly form of lung cancer directly linked to asbestos exposure.

Mrs. Daly's exposure to asbestos occurred in the 1970s and 1980s, when she worked for two Ford dealerships in Wisconsin for about two years. The lawsuit blamed secondhand exposure to asbestos found in auto brakes made by Ford Motor Co. and Pneumo Abex. Mrs. Daly says she was further exposed to asbestos when she assisted her husband, Michael Daly, with repairs to brakes on their personal vehicles around the same time.

As in Mrs. Daly's case, mesothelioma is known to lie dormant in the body for decades. But once the cancer is diagnosed, the victim often has less than a year to live. Though Ford and Abex denied responsibility in this case, the Broward County Jury rejected their defense and instead relied on expert testimony presented by doctors from cancer centers in Florida and Massachusetts.

Mesothelioma has been medically proven to be directly linked to exposure to asbestos. The exposure may be firsthand, when someone works directly in or around materials containing asbestos. Secondhand exposure may occur when a person working in or around asbestos unknowingly brings home fibers on their clothing and exposes their families, or when someone works in proximity to others who work in or around asbestos.

Prior to the 1980s, asbestos used in manufacturing, construction, automotive and other industries was not subject to the same U.S. government safety regulations as it is today. (Asbestos was banned from use in new buildings in 1988.) Sadly, because the cancer may lie dormant for decades, people with work-related asbestos exposure, and their families who have secondhand exposure, continue to get sick and perish.

Ft. Lauderdale Jury Awards Couple over $3 Million in Secondhand Asbestos Exposure Case The Wall Street Journal MarketWatch Nov. 4, 2008

Related Web Resources

OSHA Safety and Health Topics: Asbestos

EPA.gov: Asbestos

At The Law Offices of Chalik and Chalik, both Debi and I are proud that we were able to fight for our client. Through tough litigation and negotiation we forced the insurance company to compensate our client for the negligence of their truck driver.

On December 24, 2006, Christmas Eve, our client was walking her 2 dogs in the grass by a road in Ft. Myers. The defendant, a truck driver, swerved striking our client and sending her into the guardrail. The defendant claimed my client was in the roadway, but our expert disproved that theory.

As a result of the accident our client sustained a shattered hip requiring 2 surgeries. In addition she sustained nerve damage and complex regional pain syndrome.

Prior to filing suit we were offered a mere $200,000. My client is only 33 years old and that amount of money was not enough to compensate her for a lifetime of pain.

After 2 mediations, and just prior to a trial, we settled the case for $2.2 million. The money will never take away the pain that our client continues to feel. However, hopefully it will give her some security to know that she will be able to get the help and medical attention that she will always need.