August 23, 2010

FORT LAUDERDALE ACCUTANE USERS CONSIDERING A POTENTIAL PRODUCTS LIABILITY LAWSUIT

Accutane came to the market as a medical miracle drug for sufferers of severe acne. The drug was available for both adolescent as well as adult acne sufferers and typically produces extraordinary results after a five month course on the medication, sometimes requiring a second five month regiment.

The FDA's black box of warnings has soundly warned against a number of the known complications of Accutane usage and has severely warned against usage by pregnant women. Accutane (isotretinoin) is the first drug in the history of medicine for which a woman has to sign a consent to read the warnings.

Accutane comes with a laundry list of warnings and advisories against certain protected classes of users and the lists of potential side effects, which they claim are limited to an extremely small percentage of the population of expected users. Nevertheless, below is a list of some of the additional complications which have been known to arise from even a single trial period of the usage.

If you or someone you care for has been experiencing unusual side effects after taking Accutane you may want to consult with not only your physicians, but also the Fort Lauderdale Injury Lawyers to determine whether or not an action may exist for products liability. Generally speaking, in order for a the various drug manufacturers to be liable for your injuries there has to be a determination of either negligence on the part of the manufacturer or a justification for a finding of strict liability as defined by the Fort Lauderdale, Florida courts.

Only those Accutane users that have suffered serious unanticipated side effects should consider whether they have the right to bring a lawsuit against the manufacturer.

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

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August 18, 2010

Preventable Fort Lauderdale Slip and Fall Accidents

One of the difficulties most retail establishments have in maintaining their premises reasonably safe is being on actual notice of something on the floor that could cause an unsuspecting patron to slip and fall. In most situations businesses would like to trust that their employees would act quickly once they actually observe a foreign object on its floors and either immediately remove the dangerous element or place appropriate warnings such as a warning cone in close proximity to the foreign substance on the floor to alert an unsuspecting shopper of the danger lying ahead.

This law firm currently represents a victim of a slip and fall accident who fell in a local chain grocery store which we allege could have been prevented had the store employees acted more swiftly to remove the foreign substance from the ground. In our clients factual situation, she was walking down the aisle of a West Broward County, Florida grocery store and suddenly slid; due to a substance which was allowed to remain on the floor even after a store employee was allegedly aware of it and that the spill was allegedly captured on video tape. The Fort Lauderdale grocery store employee admitted to our client that she had seen the slippery substance on the ground and was able to identify it before our client slid and suffered serious injury. This is an example of having actual notice of a dangerous condition.

In fact, even after the fall occurred the negligent grocery store employee still neglected to place a warning cone or stand guard at the site of the spill until it was cleaned up; which could have caused another unsuspecting store patron to slip and fall.

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

August 16, 2010

SUNSHINE RANCHES, FLORIDA PEDESTRIAN COUPLE INJURED BY NEIGHBORS' CAR - NEAR FATAL INJURIES

On June 30, 2010 a pedestrian was struck by an neighbor's vehicle in the quiet neighborhood of Sunshine Ranches, Broward County, Florida while he was otherwise taking a leisurely stroll with his wife after dinner at approximately 9:18 in the evening. One minute the victim is strolling alongside his loving wife and in the next minute she witnesses her husband violently struck, and thrown against the windshield; suffering a severe skull injury and then propelled in a violent, grotesque fashion down the road.

Based upon the immediate investigation the operator of the vehicle that struck the pedestrian had reached down to retrieve a water bottle that fell from his lap and therefore did not notice the couple strolling. To the driver's credit he had acted responsibly by not only remaining at the scene but for using his cell phone to assist in summoning emergent help; which were able to provide immediate emergent care at the scene.

The pedestrian victim was air lifted to a local hospital where he had undergone multiple surgical procedures to nearly every corner of his body. His skull injury required approximately 57 sutures to close after apparently making contact with the windshield and thereafter, the roadway. The investigating agency, The Broward County Sheriff's Office, initially prepared their report as though it was a homicide investigation due to the apparently overwhelming serious, multiple injuries. The wife had been severely traumatized by the accident.

The victims shall be rightfully seeking compensation for all their injuries and damages suffered as a result of this unfortunate accident.

If you witnessed or have any information regarding this accident kindly contact the Fort Lauderdale injury lawyers at 1-(877) 529-0444 or at info@schulaw.com

August 13, 2010

DOES A FORT LAUDERDALE FLORIDA ACCIDENT TRAFFIC TICKET DETERMINE FAULT?

Clients often ask the question, if the wrongdoer in my Fort Lauderdale car, van, pick up, truck or motorcycle accident did not receive a traffic ticket or was issued a traffic citation in the accident are they still liable or will they automatically be liable in a civil court of law for a victim's injuries and damages . Generally speaking, accident cases are tried in civil court, usually in the circuit court for the particular county where the accident occurred. For instance, all injury accident cases which occur in Broward County that have alleged value in excess of $15,000, shall be brought in the Circuit Court for the 17 Judicial Circuit in and for Broward County, Florida. In contrast, most traffic violations are heard in the County Court and are considered to be a criminal violation of the law.

A traffic violation trial generally does not adjudicate whether the alleged violator caused a Fort Lauderdale accident, they are tried to determine only whether the individual issued the citation violated a very specific Florida Statue. For instance, in any give accident, one or several of the operators of vehicles involved may be issued traffic citations; such as: careless driving, for failure to signal, failure to obey traffic control device, failure to have head lamp, or appropriate reflectors on the vehicle or motorcycle, or failure to use due care.

Nevertheless, if one is found guilty of violating one or all of those specific traffic violations, not only does it not necessarily mean that person will also be found guilty of negligence in civil court, but in fact, pursuant to Florida's evidence code which essentially mirrors the Federal Evidence Code unless the defendant pleads guilty in open court for the purpose of admitting guilt and not for the convenience of a plea, the traffic citation is not admissible in the civil proceedings at all.

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

August 11, 2010

Fort Lauderdale Vehicular Accident Leaves Victim's Vehicle Perched atop I-595 retaining wall.

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On August 11, 2010 our client Craig Whitfield was otherwise safely motoring down westbound I-595 in Fort Lauderdale, Broward County, Florida in the far left lane. The next memory he can recall at this time is hanging upside down suspended by his seat belt while diagonally teetering on the north side retaining wall just east of SR 441, while partially resting on the hood of another vehicle.

Mr. Whitfield recalls unbuckling his seat belt and painfully dropping upside down. Mr. Whitfield, at this time, has no recall how he emerged from his vehicle and has no recall how he ended up in t his precarious position inches from his vehicle falling off the side of I-595 into the swampland some 100 feet below. Reports have emerged that Mr. Whitfield's vehicle was caused to roll over several times before coming to rest upside down on the north side retaining wall of I-595 in Fort Lauderdale, Broward County, Florida. Photographs currently available indicate the vehicle Mr. Whitfield was operating sustained significant intruding, into the passenger compartment, roof damage on the passenger side; which would have likely caused severe, if not fatal, injuries if there were a passenger sitting beside him.

Rescue and police officers repeatedly questioned whether Mr. Whitfield had a passenger in the vehicle at the time the accident occurred. In fact, rescue workers were scouring the area below where the vehicle he was operating was teetering on the edge of the highway looking for a potential victim who may have been ejected in the accident.

Contrary to reports by the news media, Mr. Whitfield's injuries were hardly minor and he will be justly seeking compensation.

If you witnessed or have any information regarding this accident kindly contact the Fort Lauderdale injury lawyers at 1-(877) 529-0444 or at info@schulaw.com

August 4, 2010

FORT LAUDERDALE SLIP AND FALL INJURY ACCIDENTS PART II

(Continuation from last article) We do this subconsciously, but it is a very precise calculation that our mind performs. We have determined over time that if there is even the slightest deviation in the height of one step from another while we're descending a staircase our conscious awareness is surprised, which causes many people to lose their balance, stumble, and fall. The most common injury that results from a deviation in the height of steps is a fractured ankle, likely to produce a bi- or tri-malleolar. Of course, if someone continues down the staircase there can be additional injuries to any part of the body and could include a brain injury that could even result in death. 3) Recently mopped floors that are left wet, but are allowed to be walked over without appropriate barricading or warning signs, or when food or store products are allowed to fall on the floor in grocery or retail stores. 4) Handicap ramps which are in violation of the Americans with Disabilities Act (ADA). 5) Building codes and good construction practices demand that a flooring maintain a reasonable degree of friction so as to prevent a person from slipping. One would ordinarily expect to immediately slip if standing on ice, but if a floor was polished or manufactured with a finish similar to that a fall would be almost certain to occur. There are devices that measure the co-efficiency of friction on a surface and standards are likewise maintained within the building and flooring industry to prevent someone from walking over an overly slippery surface. 6) A depression in a grassed area can catch a pedestrian unsuspecting while walking through a parking lot grass median, commercial lawn, or playing field. 7) A past client fell backwards and broke her wrists while an overly exuberant and inattentive personal trainer had pushed her too far in an unfamiliar repetitive stepping exercise. 8) Hiking and running can be inherently dangerous and prone to cause falls.

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

August 2, 2010

Victims of Fort Lauderdale slip and fall injury accidents Part I

Victims of Fort Lauderdale slip and fall injury accidents are all too familiar with how seriously one can be injured.

People can trip due to a variety of conditions and circumstances, such as: 1) deviations in the elevation of the flooring; 2) due to differentiations in the height of a series of steps; 3) due to foreign substances on the flooring or staircase; 4) due to inappropriate elevations in ramps; 5) due to the surface of the flooring being inherently slippery or lacking the appropriate co-efficiency of friction; 6) due to hidden or trap-like conditions such as a inconspicuous depression in a grassy area; 7) while performing exercise routines such as by falling while using a treadmill or attempting to complete continuous steps onto a platform; 8) while participating in sporting activities; 9) or for simply no good cause.

Examples of each of the above are as follows: 1) a fall caused by an inordinately raised paver in a walkway created from concrete sand based pavers or stones; 2) most municipalities and counties throughout South Florida, and in particular Fort Lauderdale, Miami-Dade, Broward County, Weston, Tamarac, Sunrise, just to name a few, have specific building codes, which require the height of each step in a staircase or stairway or movie theater or in most buildings and homes to be the same height as the preceding or following step. The purpose for this is that when we are negotiating a staircase our mind automatically anticipates the following step to be precisely at the same height as the one we just left. (To be continued)

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

July 30, 2010

A FORT LAUDERDALE ACCIDENT LAWYER'S PERSPECTIVE ON PUBLIC SENTIMENT PART III

If you have been reading these Blawg Post articles and are or have been the victim of a Fort Lauderdale personal injury accident you all too well can understand this discussion. You have found that the Florida insurance industry and the Corporate World have effectively perpetuated a system of creating further victims out of victims.

It is this law firm's commitment to uphold the laws of the State of Florida and the United States of America for the utmost benefit of personal injury accident victims.
If you are reading this article and have so far been fortunate enough not to have been the victim of a personal injury accident then I ask you to make a serious commitment to rethinking your understanding and compassion for those who do suffer.

The next time you may have the honor to be called for jury duty in Fort Lauderdale or throughout Florida and this great Country, seriously consider setting aside all the biased, preconceived thoughts of personal injury accident lawsuits and the "commonality of trauma" and strongly commit to fairly listening to all of the facts and evidence in the most compassionate and appreciative manner.

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

July 28, 2010

A FORT LAUDERDALE ACCIDENT LAWYER'S PERSPECTIVE ON PUBLIC SENTIMENT PART II

Our society seems to have grown all too indifferent to the suffering of individuals and I opine that in the area of personal injury lawsuits, this overwhelming disrespect for the care, concern and full legal compensation for personal injury accident victims has been in large part caused by a very purposeful intention by the insurance industries and corporate America. I submit to you that insurance company and corporate America's financial self interests far exceed their concerns over whether their insureds or their employees are responsible for negligently injuring others.

And I strongly submit to you that the insurance industry and corporate America has been clandestinely changing America's perception of right and wrong, of justice and injustice, concerning the respect and rights due personal injury accident victims, for the better part of a century now; in complete contradiction to the great laws of the State of Florida and the United States of America.

If you are reading this article and are or have been the victim of a Fort Lauderdale personal injury accident you all too well can understand this discussion. You have found that the Florida insurance industry and corporate industries have effectively perpetuated a system of creating further victims out of victims. It is this law firm's commitment to uphold the laws of the State of Florida and the United States of America for the utmost benefit of personal injury accident victims. To be continued in Part III in the next Blawg Article Post

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

July 26, 2010

A FORT LAUDERDALE ACCIDENT LAWYER'S PERSPECTIVE ON PUBLIC SENTIMENT PART I

Unless you had the unfortunate experience to suffer injuries from a Fort Lauderdale or Florida accident caused by the negligence of another, it is often times difficult to truly understand what it means to be negligently injured and suffer. Whether it arose due to the careless operation of a car, motorcycle, truck, van airplane helicopter, or boat, the sad reality is that the accident victim's suffering is quite real and unique to each individual's trauma.

Unfortunately, our society has grown callous in so many ways to the suffering of others. Our modern media has made even the most graphic forms of injury, whether from accidents or crimes or war, a commonplace if not actually a digestible bit of dinner time entertainment, whether from television or the internet. Our society has offered up catastrophic events as a form of entertainment, rather than teaching us how to be compassionate, loving, caring humans with each of us coexisting in a civilized society.

We must never lose sight of the fact that each of us deserve the respect and dignity of humanly care if we are the unfortunate victim of suffering, due to negligence or otherwise. Apparently, until it is us, we tend not to appropriately empathize with the victim or one that is suffering.

It is the professional commitment of this Fort Lauderdale Accident Lawyer to accept the most serious duty of truly representing accident, or personal injury victims. It is this Fort Lauderdale Accident Lawyer's privilege to accept the charge of legally representing Fort Lauderdale personal injury accident victims and distinguishing each of our clients' injuries and damages in the most meaningful and appropriate and compensable manner. Continued in next Blawg Article Part II

For further discussion regarding this topic please feel free to contact the Fort Lauderdale Accident Lawyers at 1-877-529-0444 or by email at info@schulaw.com

July 23, 2010

WHAT FORMS OF FLORIDA VEHICULAR INSURANCE SHOULD WE PURCHASE TO PROTECT OURSELVES IN THE EVENT OF AN FORT LAUDERDALE ACCIDENT? PART II

It is this writer's opinion that uninsured or underinsured motorist benefits are the single most beneficial forms of coverage. Uninsured motorist benefits provide full bodily injury liability protection for you the insured, in the event that the individual who caused your Fort Lauderdale vehicular accident has no or not enough bodily injury liability insurance of their own. It is this writer's opinion that uninsured motorist protection is a necessity and is the cheapest form of disability insurance that an individual can purchase to protect themselves in the event they are severely impaired and disabled as a result of an uninsured or underinsured motor vehicle accident.

It is this writer's opinion that almost all Florida automobile insurance companies that could sell uninsured motorist protection intentionally persuade their insureds not to purchase uninsured motorist protection because their primary allegiance is to the insurance carrier and not to the Florida insureds. Florida automobile insurance agents generally, wrongly advise Florida vehicular insurance purchasers that they do not need uninsured motorist protection if they have PIP and med-pay, by improperly describing uninsured motorist coverage as simply additional medical benefits. This is false and misleading and Florida automobile insurance agents generally, intentionally omit describing all the benefits that a prospective insured would be entitled to directly from uninsured motorist benefits, whether by a settlement with the insurance company or from a jury verdict and judgment. Those benefits could include the payment for past and present pain and suffering, the loss of enjoyment of life, emotional distress, disability and impairment, as well as for medical, hospital and nursing costs and lost wages well in excess of the underlying PIP and med-pay benefits provided.

For further information on this serious topic please feel free to contact the Fort Lauderdale Injury Lawyers by email to info@schulaw.com or by calling 1 (877) 529-0444.

July 20, 2010

WHAT FORMS OF FLORIDA VEHICULAR INSURANCE SHOULD WE PURCHASE TO PROTECT OURSELVES IN THE EVENT OF AN FORT LAUDERDALE ACCIDENT? PART I

When purchasing Fort Lauderdale Automobile Insurance one should consider a variety of concerns. Firstly, an understanding of insurance in general may be helpful. It is this writer's opinion that essentially, the intention behind obtaining insurance is to shift the risk and responsibilities associated with the possibility of having a vehicular accident to an insurance company that will agree to pay for your liabilities in exchange for a limited initial investment which is commonly referred to as an insurance premium. When an individual or business agrees to enter into an insurance contract they are essentially gambling that if a pre-determined event occurs, which is generally an undesirable event, the insurance company will pay the full amount of its agreed to liability limits in exchange for the premium purchased amount.

Insurance purchased for an automobile can provide risk benefits against damages caused to another's property; for bodily injury; for rental benefits; for towing; for the insured's own personal injury protection (PIP), for additional medical benefits (med-pay) or for uninsured or underinsured motorist protection (UM or UIM benefits).

The general intention behind purchasing each form of insurance benefit is the presumption that in the event of a Fort Lauderdale vehicular accident, the insurance company will protect and provide the agreed to benefits that the insured has selected.

While most Fort Lauderdale, Florida drivers are led to believe that the most important coverage is for bodily injury liability protection, most insureds are generally persuaded against acquiring the more personally beneficial insurance benefits. It is this writer's opinion that every Florida driver should obtain the maximum amount of PIP, med-pay and uninsured motorist coverage offered. PIP benefits cover 80% of all reasonably related accident medical costs, up to $10,000; as well as 60% of all accident related gross lost wages or lost income, within that $10,000 maximum coverage. Med-pay covers all accident related health care costs at 100%, and is typical sold in amounts of $1,000, increments up to $10,000, of additional benefits over the PIP coverage.

For further information on this serious topic please feel free to contact the Fort Lauderdale Injury Lawyers by email to info@schulaw.com or by calling 1 (877) 529-0444.

July 16, 2010

FORT LAUDERDALE INJURY ACCIDENT VICTIMS WHO RECEIVED MEDICARE BENEFITS

Fort Lauderdale personal injury accident victims who receive medical care and incur medical expenses that may be entitled to Medicare or Medicaid government benefits need to be aware of several ramifications once benefits are received. Firstly, Medicare and Medicaid are conditional payments and the government has a right of recovery against their settlement proceeds. This right, which now almost always appears in all other contractual insurance programs is commonly referred to as the right to Subrogation. Briefly, if a lawsuit is successfully resolved the government is entitled to be returned a portion of its conditional Medicare or Medicaid benefits from the total amount of the Fort Lauderdale personal injury victim's recovery. This right will reduce the amount of the net settlement funds that a Fort Lauderdale injury accident victim will ultimately receive and can provide for a myriad of complications.

For instance, if the Fort Lauderdale, Florida accident injury victim's case resolves for a gross sum of FIFTY THOUSAND ($50,000) DOLLARS, but the government's claim to recovery is substantial in relation to that amount, the victim ultimate recovery is greatly compromised.

Pursuant to Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) which was signed into law by President George W. Bush, the government's ability to enforce the Medicare Secondary Payer Act was given much more far reaching strength.

For further information on this serious topic please feel free to contact the Fort Lauderdale Injury Lawyers by email to info@schulaw.com or by calling 1 (877) 529-0444.

July 14, 2010

FORT LAUDERDALE ALL TERRAIN (ATV) VEHICLES PERSONAL INJURY ACCIDENTS

While all terrain vehicles (ATVs) can provide tremendous utility they also can be extremely dangerous. All ATV riders should be fully familiar with these vehicles and should receive very competent training before operating an ATV. ATVs have a serious propensity to crash or rollover and cause Fort Lauderdale ATV injury accidents. Fort Lauderdale and Florida ATVs are not regulated as stringently as cars and trucks that require a registration process in order to be allowed to be operated on Florida's highways. ATVs are often operated by underage drivers and even children. ATVs generally possess an overwhelming amount of power in relation to an inexperience operator and are generally driven on surfaces that are not designed with safety in mind. Fort Lauderdale streets and Florida highways are designed with the driving publics' safety in mind, have specific considerations for pitch, angle, turn radius and elevation so to minimize the risk of a vehicle losing control due to the terrain it is being operated on. To the contrary, ATVs are driven on terrain which is by its nature are inherently dangerous and requires an enormous amount of skill, experience, care and attention so as to avoiding injury accidents with ATVs on Florida's off road terrain. Much of the terrain has uneven surfaces, rocks, roots, stumps or trees that suddenly appear in the path of a motorized ATV, each of which has the potential for causing enormous bodily injury for Fort Lauderdale, Florida ATV users.

For further discussion on this very important Fort Lauderdale injury topic, you may immediately contact the Fort Lauderdale personally injury attorneys at info@schulaw.com or by calling 1-(877) 529-0444.

July 9, 2010

FORT LAUDERDALE PEDESTRIAN INJURY ACCIDENTS

Every day thousands of pedestrians are struck by cars, motorcycles, trucks and other vehicles. Victims of pedestrian vehicular accidents generally face a life of crippling injuries and damages and should always seek the advice and representation of the most committed Fort Lauderdale injury lawyers to assist them in dealing with this tragedy and its aftermath. A victim of a pedestrian accident will likely require not only the best medical care but also the assistance from a knowledgeable Fort Lauderdale personal injury accident attorney who can act as their patient advocate in seeking and obtaining the best possible hospital, medical, nursing and rehabilitative care.

From a legal consideration, a victim of a pedestrian injury accident is strongly advised to seek monetary damages from all responsible persons and entities in order to be properly compensated for their injuries and losses and care for all their future health and financial needs. A victim of a Fort Lauderdale pedestrian injury accident will also need a strong legal advocate to present the victim's case as effectively and as legally possible. Florida has many laws governing the rights and responsibilities of pedestrians as well as all vehicles sharing roadways where pedestrians may be. It is important that victims of Fort Lauderdale pedestrian injury accidents have strong Fort Lauderdale personal injury lawyers to advocate their case. Insurance companies who defend Fort Lauderdale pedestrian injury accident cases will attempt to use many defenses to diminish or defeat a Fort Lauderdale pedestrian injury accident case. It is very important that before you speak with any insurance company representatives that you obtain the best possible representation from a Fort Lauderdale personal injury accident attorney. For more discussion on this topic I suggest you immediately contact the Fort Lauderdale personal injury accident lawyers at 1-877-529-0444 or emailing to info@schulaw.com