Fort Lauderdale Injury Lawyer Blawg

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

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

This is important to the defense attorney and the insurance company because if they can demonstrate that the injured Plaintiff is partially at fault, whatever amount a Fort Lauderdale Broward County Jury may award the injured person in a verdict will be reduced by that percentage before the ultimate judgment amount is entered by the Judge of the Court.

So for example, if the jury awards the injured plaintiff of a Fort Lauderdale, Florida motorcycle, scooter, SUV, pickup truck or other vehicle accident the gross sum of $100,000 dollars, but the jury determines (through the persuasion of the insurance company's defense attorney) that the plaintiff was 25% at fault for causing a Fort Lauderdale, Florida personal injury accident, the injured Plaintiff will receive a judgment that is reduced by 25% of the verdict or a net judgment in the amount of $75,000.

Continue reading "WHO'S AT FAULT FOR CAUSING INJURIES IN A FORT LAUDERDALE, FLORIDA INTERSECTION ACCIDENT - PART IIi?" »

Probably no other vehicle safety device has had as a profound impact on saving the lives of occupants in a car crash than the air bag. An air bag is a flexible device which under the right circumstances inflates as a cushioned barrier to prevent fatal injuries in car accidents. Most vehicles in the 2010 production cycle have airbags installed which are designed to inflate and deflate in 0.4 or less than half a second. They are currently required by law to protect both the driver and front seat passenger of every new vehicle. They are considered a passive device since the occupants of the vehicle are not required to activate or use the air bag, contrary to a seat belt which must be employed by the car's occupants in order to provide its benefits. John Wenrick designed the original safety cushion device in 1952. Dr. David S. Breed invented the sensor for crash detection which works in conjunction to deploy the airbag at its appropriate moment. Airbags were first introduced to Florida automobile occupants in the 1970's while seat belt usage was quite low.

Today, in addition to the traditional airbag in the steering wheel and passenger side dashboard, airbags have been designed and installed in the lower dashboard to protect the driver's and front passenger's knees; there are side airbags contained in the front and rear side door panels; in the seat sides to protect against mid-body fatal blows; there are air curtains that can run the full length of both sides of the modern vehicle for side impacts or roll-over accidents; there are airbags available for the entire roof in the event of a rollover accident to prevent fatal head injuries; there are rear curtain air bags to prevent fatal injuries to the rear occupants of vehicles equipped with a third row seated near the rear glass; and there is now a center airbag that will be deployed in the event of a potential fatal accident which will deploy in the center of the rear seat to prevent fatal injuries to rear occupants who can otherwise be thrown about the compartment. Continued in next Blog...

Let's say you were injured on a Fort Lauderdale or Broward County roadway due to debris lying in the roadway. On Friday, June 4,2010 westbound I-595 in Broward County, Florida was temporarily shut down due to boxes containing glass products that were dumped all over the roadway, from approximately Nob Hill Road to Hiatus Road. All I-595 westbound traffic was diverted off the highway causing enormous backups, delays and lots of lost tempers. Let's say an accident ensued as a result of this event. Who would be responsible?

Well, if it was two vehicles striking each other because of their own carelessness the matter would be handled as any other Florida automobile accident pursuant to Chapter 627 of the Florida Statutes -The Florida Automobile Reparations Reform Act. Under those circumstances responsibility would lie with the at fault driver for causing the accident and damages would be paid if the victims suffered "threshold injuries" as defined in that act: i.e.; damages would be awarded if the victim either: 1) suffered a wrongful death; 2) permanent and significant scarring or disfigurement; 3) a significant loss of an important bodily function; or 4) a permanent injury, within a reasonable degree of medical probability.

These points have been discussed in one of our blogs and can be further explained by contacting our office. This blog will be continued in our next entry, please follow with us!

Of course the immediate concern - for the victim of a Florida College student who has been negligently been injured as a result of a Florida automobile, bicycle, motorcycle or slip and fall accident - is to receive the appropriate medical attention. Often times the negligently injured Florida College student lacks the experience to make the right decisions and needs guidance at each step of the way.

The young man we mentioned in our prior blawg who was injured on his bicycle on the campus of the University of Florida had the extraordinary foresight to keep the phone number to the University of Florida's Student Health Care Center, in his cell phone; a precaution that I would advise every college student to do immediately.

But what if the Florida College student requires medical attention beyond the campus clinic? What if insurance companies are calling your student and badgering them for information or attempting to get your student to sign a Release, which could cost them to lose many valuable rights?

It is very important to advise your college student to make contact with a concerned and skilled Florida personal injury attorney to properly and fully advise them as well as to immediately attempt to protect their rights and interests. The Florida personal injury attorney who takes this role seriously can act with a level and experienced mind and set out to act as a family surrogate to protect your loved one who has been injured while away at college.

For further information about this topic, please feel free to contact the Florida personal injury attorney at the Schulman Law Group.

It is every parent's nightmare to learn that their child has suffered personal injuries while away from home at a Florida College. Whether it be from a sports related injury, an auto accident, a bike or motorcycle accident, or simply falling and suffering injuries, it is difficult to assist your child who may be hundreds of miles away from you.

Recently, while on the campus of the University of Florida we witnessed a student crash his bike and suffer an obvious collar bone fracture. The young man required emergency medical assistance and likely needed surgery to repair the fracture.

This past week, the families of three young college students contacted us because their young ladies were involved in an automobile accident.

While both those incidents caused these Florida College students bodily injuries, the distinction between the two was that the students who were involved in the Gainesville Florida automobile accident were the victims of automobile negligence. As such the opportunity to seek the assistance of a Florida personal injury attorney to assist these students who suffered Florida automobile personal injuries became available.

Due to the nature of a Florida Personal Injury Attorney's fee Retainer Agreement, it is possible to obtain the services of a knowledgeable concerned professional that can offer immediate valuable assistance to the injured Florida College student who suffers personal injuries and damages as a result of the carelessness of another without the need to immediately pay for their professional assistance. In this situation, the victims are able to obtain immediate knowledgeable advice on matters of obtaining the appropriate health care, as well as navigating through the insurance claims which shall be elaborated in part II of this blawg.

Continue reading "YOUR CHILD'S INJURED IN AN ACCIDENT WHILE AWAY FROM HOME AT A FLORIDA COLLEGE." »

The news has recently revealed that the Broward County Medical Examiner has tentatively identified the remains found inside a van found in the Florida Everglades of an unfortunate family that has been missing for nearly 12 years. Dr. Joshua Perper, the medical examiner, commented that their deaths were an accident. And officials said that June 2, 1999 "...the day they went missing, was stormy and when the Caravan was pulled from the murky water the windshield wipers were still on."

Tragically, for the decedent's ex-husband, his hope of seeing his girls came to a tragic end. The question will inevitably arise whether there is any civil liability for this accident occurring and if someone driving another vehicle may have been responsible for these tragic losses, or if in fact there was an actionable claim against a Florida governmental agency that could be held liable. These thoughts must be considered in light of Chapter 95 of the Florida Statutes (a four year statute of limitation for bringing wrongful death claims arising from tortious behavior - and if it is against an entity of the State, or County, there is a three (3) year notification period under the Florida sovereign immunity act.

The more complex analysis has to do with those cases that are only recently discovered but occurred longer ago than the 3 and 4 year time frames.

Continue reading "Family Victims of Apparent Car Accident Found After 10 Years Missing In Florida's Everglades" »

I finally paid attention to the advertising "come-on" used by some very aggressive interests trying to lure unsuspecting Florida personal injury victims into using their services. Frankly, I am not sure who is behind this advertising that you hear on the radio, television and see on billboards - whether it is sponsored by attorneys or alleged health care providers. If these groups are attorney based, many trial lawyers like myself are questioning whether their advertising comports with the Florida Bar's guidelines for attorneys' advertising.

Regardless of who is behind these ads, it is this writer's opinion that they appear to be misleading and with an intention to lure an unsuspecting Florida automobile accident victim into being intentionally deceived into what they may be entitled to from these companies. The ads typically state "you may be entitled to $10,000.00". but I presume what these questionable advertisements are referring to is that if you are injured, your health care providers could be paid up to $10,000 through your personal injury protection coverage, but it appears as though these outfits want the unsuspecting Florida automobile accident victim to be lured to these outfits by believing that they will receive $10,000, net into their own pockets. If this is their ploy, it is this writer's opinion that such advertising is deplorable and unfit for any professional, regardless if an attorney or health care provider is behind this. I strongly urge anyone considering such potentially deceptive advertising to consider consulting with an dedicated personal injury attorney who is committed to their client's best interests.

Continue reading "Florida personal injury victims - beware of claims made by "411" type pain center advertisers!" »

#7 in a series of discussions on Florida's Motor Vehicle No-Fault laws.

Once your attorneys have received a reply to their F.S. 627.4137 claims notice letter, and assuming that the wrongdoer has at least the minimal liability insurance benefits, you and your attorney should have a meaningful consultation as to whether to attempt to negotiate with the wrongdoer's insurance carrier or file immediate suit. While some injury cases need an appropriate period of time to determine whether the victim will be able to establish that they have suffered threshold injuries (which allow them to recover their damages under Florida's Motor Vehicle No-Fault laws), unfortunately, there are those victims whose injuries are so overwhelmingly and obviously serious that there should be no dispute as to the victims right to recovery.

Even under those circumstances, the victim and their Florida Injury Attorney should think long and hard about the pros and cons for filing suit immediately versus attempting to negotiate with the wrongdoer's insurance carrier. The primary concern that should be communicated by the attorney is what is truly in the best interests of their victim/client. Consideration should always focus not only on what is most expedient, but what will produce the most net money damages for the victim/client -- over and above the attorney's fees, the healthcare providers' costs, and all the experts' expenses. Most attorneys charge a contingent fee for representing accident victims and this fee has been limited by Florida's Supreme Court. In most instances, an attorney's fee rightfully increases from 33 1/3% to 40% of the first one million dollars recovered in the event an answer to a lawsuit is filed in the victim's action.

Oftentimes, the wrongdoer has an insufficient amount of insurance to cover the total amount of the victim's losses and therefore, the attorney must carefully counsel the victim/client as to minimizing the amount of expense versus what the ultimate recovery might be.

#5 in a series of discussions on Florida's Motor Vehicle No-Fault Statute

There is no question in this writer's opinion that the appropriate behavior for a victim of car, motorcycle or trucking accident in the State of Florida is to civilly hold the wrongdoer who causes an accident and injures others responsible for their negligence.

Our system of civilized justice calls for each of us to be responsible for our actions and wrongdoings, whether negligently or intentionally caused. If our society functioned without accountability, we would be a society that would operate on a basis or inherent unfairness. If someone is the victim of another's carelessness or negligence, philosophically, why should the victim (or society) bear the burden and expense and let the careless individual off without any responsibility or accountability? Unfortunately, many of us seem to be morally or ethically challenged when it comes time to stand up for our rights and seek accountability for the injuries suffered in these accidents. How often have we heard the phrase, "I'm not the type of person who sues"?

I hereby submit to you that this questioning or reluctance to seek justice by accident victims has been taught to us by the very industry that profits by our disasters but has no pure intention to properly compensate the victims or their insureds. The insurance industry has very effectively taught many of us to question and seriously consider that "... good people suck it up when they're hurt ... only the lying, malingers bring insurance claims for car, motorcycle or trucking accidents." While nothing could be further from the truth, just remember the insurance industry has perfected that belief throughout our society for one purpose - so they do not have to pay as many righteous claims as they should.

#5 in a series of discussions on Florida's Motor Vehicle No-Fault Statute

So in the past four articles, we have laid a very basic but realistic foundation for how Florida's automobile no-fault laws had come into effect and how they were intended to operate in the best interests of the automobile insurance industry. The basis of this article will be to discuss what is the appropriate course of action for the unfortunate victims of motor vehicle accidents in Fort Lauderdale, Florida as well as the state of Florida.

First of all, if you or someone you care for is seriously injured as a result of a vehicular accident, then you all too well know what it means to suffer pain, physical disfigurement, scarring, loss of income, loss of personal enjoyment, and emotional distress, to name a few of the common injuries and damages suffered by the victims.

The question then becomes whether you choose to hold the person or company that caused your auto, motorcycle or trucking accident responsible for your injuries and damages, and if so, what is the appropriate and proper manner to do so? We will discuss this in two separate segments. The first segment will be a discussion concerning the philosophical aspects of bringing a claim for personal injuries and damages and the second article will be a discussion of how it is actually brought from a practical standpoint. Those articles will then be followed by a discussion of whether and how to choose the legal representation that would best serve your interests.

#4 in a series of discussions on Florida's Motor Vehicle No-Fault

If you have been a victim of a car or truck accident in Florida and have suffered injuries or someone you care for has suffered a wrongful death and have by the significance of those injuries met the threshold requirement of F.S. 627 - Florida's No Fault Statute, you will then most likely be dealing with an car or trucking company's insurance carrier in order to recover your monetary losses and damages. The difficulty you will then face is in dealing with the insurance company that functions for the benefit of its profit margin as opposed to the absolute best interests' of the injured victims of a Florida automobile and trucking accident. Let there be no mistake in your perception that the auto insurance company is committed to avoiding and or reducing its liability for its negligent insureds on each occasion there is a claim made against a wrongdoer whom they insure.

As is true for each and every profit centered business entity, an insurance company must be responsible to two simple principles: 1) increasing its cash flow; i.e., collecting our premiums; and 2) reducing and/or minimizing its expenses; i.e., by the avoidance of voluntarily making full claim payments for car accident cases.

The insurance company employs well trained adjusters, claims specialists and defense attorneys who are committed to the best interests of the insurance company and not yours, even if it is your own insurance company that you are making your claim with. Many, if not all, of the employees of an insurance, company as well as their defense attorneys actually operate with an unspoken belief that they are doing a righteous task, not only by protecting the insurance company's bottom line profits, but by defeating the interests of Florida's automobile and truck accident victims.

#3 in a series of discussions on Florida's Motor Vehicle No-Fault

Continuing our discussion, the reality of the No-Fault system was an attempt by the insurance industry to raise substantial revenues, while at the same time decreasing the number and amounts of settlements or jury awards for injuries caused by the negligent operation of a car, or vehicle in Florida. Unfortunately, the system was so poorly thought out that it not only failed to limit the volume of personal injury cases, but it also effectively drove up most costs associated with car accident cases.

In the beginning, the threshold for bringing a Florida car accident case was if the victim of a car or truck accident would incur in excess of $1000 worth of medical expense related to his or her vehicular related injuries. Back in the early 1970s physicians typically didn't charge more than $18 for an office visit, even for the treatment of accident patients. It took the medical community slightly less than a nanosecond to figure out how to charge more than a $1,000 for the treatment of a car accident patient. Incredibly, the insurance industry thought that they would limit the number of cases brought if they raised that threshold to a $3,000 minimum.

That failed wisdom just simply taught the medical community to raise their rates in an additional nanosecond. This failed reasoning continued until October 31, 1984 when Florida Statute Chapter 627 was finally amended to require the following four thresholds:

1. The victim had to suffer a wrongful death;
2. The victim had to suffer a significant loss of an important bodily function;
3. The victim had to suffer permanent and significant scarring or disfigurement;
4. and then the last Threshold was if the victim of a car accident suffered a permanent injury within a reasonable degree of medical probability.

This last category only opened up the interpretation for a soft injury claim and the insurance industries' ability to dispute those injuries through it's paid for defense experts' controlled opinions. All the while, the system enabled doctors, such as orthopedic physicians to charge over $1500 for that initial first visit, compared to $18 in the early 1970s.

Frankly, the auto insurance industry can be thanked for exponentially multiplying the cost of trauma care in this country while at the same time inciting an explosion in the related fields that are supposed to care for accident victims.

#2 in a series of discussions on Florida's Motor Vehicle No-Fault

Prior to the passage of Florida's Motor Vehicle No-Fault Law anyone involved in a car or motor vehicle accident had the legal right to seek damages for their accident related injuries without any pre-conditions to filing a lawsuit. In addition, car or motor vehicle insurance was not mandatory in the state of Florida prior to Florida's Motor Vehicle No-Fault Law (and in fact, approximately 60% of all car owners in the state of Florida were uninsured prior to the passage of Florida's Motor Vehicle No-Fault Law). It is this writer's opinion that the insurance industry and their special interests intended to have laws passed that would make it mandatory that all operators of cars or motor vehicles must obtain car or motor vehicle insurance in order to astronomically increase their gross revenues by collecting previously non-existent insurance premium payments from that non-participating 60% of the car owners in Florida - an extraordinary increase in the sheer number of payments, alone.

The insurance industry's premise for making car insurance mandatory was predicated upon a misleading concept that their insured would receive greater value in not having to prove fault before being able to receive benefits for medical expense and lost wages, instead of having to wait for medical or chiropractic care and the payment of lost wages until a court of law determined who was at fault for the accident. The original enactments of this Act provided for these benefits (PIP or Personal Injury Protection Benefits) with up to $10,000 of benefits, at 80% of any related medical expense including chiropractic care, and inclusive of 60% of a claimants gross lost wages to be paid, also from that $10,000 source. Fault would not be a determining factor in order to receive these PIP benefits. What was not and has never been candidly revealed to the insured public in the state of Florida at that time was that the insurance industry was permitted to sell this $10,000 PIP coverage with an $8,000 deductible - meaning that before the insurance company would pay dollar one, the injured insured would have to personally pay the first $8,000! Frankly, no one could easily afford to do so then, or now, and therefore obviously the intention of this act was not to actually pay the average insured one penny!