South Florida Injury Lawyers Blog

Choosing the right nursing home for your loved one can prove to be a difficult task with so many factors involved. It's important to look at costs, statistics and features. It also crucial to find a home with reliable and trustworthy staff to avoid nursing home abuse in Fort Lauderdale or elsewhere in South Florida.

Our Fort Lauderdale nursing home neglect attorneys understand the stress that accompanies putting your loved ones into a nursing home. We are equally concerned with the quality of care afforded by these mega corporations that are behind most of the nation's nursing homes.

The National Center on Elder Abuse estimates that roughly 450,000 elderly persons in a domestic setting were reportedly abuse or neglected during a one year study.

Florida alone has more than 650 nursing homes that care for over 82,000 residents. Florida also takes rank for having the largest number of elderly residents in nursing home. Most homes are operated as for-profit businesses by large corporations -- private nursing homes can cost $40,000 a year.

Nursing home abuse can be difficult to detect as many patients suffer from dementia. According to Market Watch, roughly 1.5 million of our nursing home residents suffer from the disability. For this reason, and many others, it is important to fully research your options.

"In nursing homes, dementia is the greatest risk factor [for abuse] because the perps don't imagine that the person feels abuse of neglect so they act with impunity," said Kay Brown, a director at the Government Accountability Office.

Market Place offers you these important tips to think about when finding the right nursing home for your loved ones:

-Visit the nursing homes you're considering, multiple times. Make sure some of your visits are in the evening hours, when staff thins out. Observe how the workers interact with current residents.

-Figure out the costs. This is an important factor to many of us, and it is important to pick a home with the right price and the right care. Remember that costs may be higher if your loved one suffers from a health problem, like Alzheimer's, and requires extra supervision.

-Ask around. Talk to doctors and friends about local nursing homes. They may be able to offer some insight about homes they have used with their loved ones. There may be no one else able to offer such truthful information.

-Ask questions. Don't be shy when visiting or calling potential nursing homes. Does the home do background checks on their employees? How do they report and record incidents? Ask to see those reports. Good nursing homes should have nothing to hide.

We understand the importance of caring for your loved ones, and we encourage you not to cut any corners when finding the right nursing home for them. You should always remain an active member in their daily activities to ensure they are being treated with respect and are enjoying their time among a comfortable atmosphere.

Continue reading " Choosing the right nursing home in Fort Lauderdale a critical step in avoiding neglect and abuse " »

Two Palm Beach deputies are injured after a Ride-the-Wind tour boat collided with the Deputy's air boat, according to The Palm Beach Post. The crash happen at approximately 1:30 p.m. in shallow, well-traveled water in the Broward County Everglades.

Our Fort Lauderdale personal injury lawyers know the dangers faced by visitors and residents alike. Whether on a private boat, a rented boat or as part of a tourist excursion, the waters off the Fort Lauderdale coast are some of the busiest in the nation.

Florida the boating capital of the nation, and therefore not surprising, also logs the most boating accidents. Inexperienced boaters pose a threat to all those traveling the coast. Drunk boating, poorly maintained boats and boater inexperience also increase the risk of a serious Florida boating accident.

After the air boat crash in the Everglades, the tour boat sank and the dozen people involved rode back to the entry of the Arthur R. Marshall Loxahatchee National Wildlife Refuge on board the sheriff's office craft. The boat's starboard side was reportedly damaged, according to 7News.

According to the U.S. Coast Guard, nearly 5,000 accidents, more than 70 deaths and more than 3,000 injuries, were reported in 2009. Recreational boating accidents also cost $36 million in property damage. It has also been noted that the leading cause for fatal boating accidents was the use of alcohol, contributing to roughly 16 percent of boating deaths.

Continue reading " Fort Lauderdale Air Boat Accident Injures 2 Deputies and a Family of 6 " »

According to the Florida-Caribbean Cruise Association, approximately 13.5 million people boarded cruise ships in 2009. The Association brags about the new high-tech features of cruise ships: golf simulators, water parks, surf pools, ice-skating rinks, rock-climbing walls, etc. But all of these attractions increasing the risks of a Florida cruise ship accident.

Our West Palm Beach personal injury lawyers know that cruise ships can provide a well-deserved getaway for many families. We also understand that with the plethora of features, unfamiliar territories and traveling excitement, accidents can easily occur without the proper precautions.

Injuries are not only occur to passengers, but employees of these cruise ships are vulnerable to accidents as well. The Jones Act allows seamen to sue their employer for negligence. Prior to the passing of the Jones Act in 1920, Congress had no workers' compensation for seamen if they were injured at sea. For many years, the injured seamen had to rely upon Maritime Law for their recovery. Duhaime.org defines maritime law as, ""...the origins and life of a ship. This includes the rights and responsibilities of those who have an interest in such a ship, whether involved in financing, securing, owning, managing, operating, provisioning and supplying, navigating, using its services or servicing it in any way, or regulating it, as well as those who are affected or injured by its operations."

It is important to read the rights and conditions that come with your cruise ticket before boarding a cruise ship. These terms and conditions limit your time to file a lawsuit on behalf of an injured passenger. On the other hand, cruise ship owners may be able to file a lawsuit for an extended period of time, up to one year after the alleged incident. These limitations, and all others, are enforceable and permitted under United States statute.

Cruise Bruise offers these safety tips to help keep you safe on your next ocean getaway:

-Never wander the ship alone. Always explore with someone you're traveling with.

-Never take a cruise alone. Safety always comes in numbers.

-Don't drink in excess in public areas of the ship.

-Be careful when eating from the buffets. Disease and food related illness is commonly transmitted through the handling of food in these open food areas.

-Be careful in the ship's decks. Wind gusts can reach hurricane force.

-Steer clear of the deck in high seas. It is also recommended to stay away from windows and large movable objects in inclement weather.

Continue reading " Injuries on Fort Lauderdale Cruise Ships Best Handled by Experienced Attorney " »

The Miami Herald recently reported the arrest of a Fort Lauderdale man accused of causing the death of a Miami Heat dancer in a DUI accident last September.

Our drunk driving accident attorneys in Fort Lauderdale understand the pain and anguish a victim's family endures in the wake of a fatal drunk driving accident. Too often, these crashes claim the lives of innocent victims who had the misfortune of being in the way of a driver who climbed behind the wheel after having too much to drink.

Drunk driving accidents in Miami, West Palm Beach and elsewhere in the state are a daily occurrence. In fact, Broward Palm Beach New Times reports that accidents involving drunk drivers kill and average of 3 people a day in Florida.

From 2005 to 2009, over 5,700 Florida residents died in alcohol-related motor vehicle crashes. During that same time period, Broward County averaged 70 fatalities per year in drunk driving accidents. This was second only to Miami-Dade County which averaged 80 alcohol-related deaths during that time period.

According to the Sun Sentinel, the man recently charged for the death of the dancer was alleged to have a blood alcohol content of 3 times the legal limit at the time of the crash. His blood level measured at .24 in the first blood sample taken within 90 minutes of the crash according to police. He confessed to officers that he was at the mall where he had consumed two vodka drinks, authorities report. Contradicting his story, surveillance cameras from local businesses show that he and a friend were seen getting drinks approximately 6 different times from bars at 2 mall locations. The victim, riding a Suzuki sport motorcycle was struck by a Mercedes-Benz on East Sunrise Boulevard in Fort Lauderdale. The victim was thrown more than 100 feet and was pronounced dead at the scene.

The distraught family, after finding out the man charged was released on bond the following day, wants to see justice served according to Bradenton. Believing in the system is the only hope they have to keep drunk drivers off the streets. This tragedy has changed the lives of several but sending a message to not drink and drive can prevent other families from enduring another senseless tragedy.

Continue reading " Man charged in Fort Lauderdale drunk driving accident that claimed life of Miami Heat dancer " »

The horror of seeing a tractor trailer stop suddenly in front of you while driving strikes fear in us all. Our Fort Lauderdale personal injury attorneys know the catastrophic and often fatal injuries caused when passenger vehicles are involved in a Florida trucking accident.

Underride guards are not protecting occupants in vehicles that rear end tractor-trailers, according to a report from the Insurance Institute for Highway Safety (IIHS). Often severe injuries, including death from decapitation, happen when the underride guard isn't strong enough to withstand the impact from the vehicle.

An underride guard is the less than sturdy pieces of metal that you see hanging under the back of a tractor trailer. The purpose of the guard is to stop a vehicle from riding under the trailer.

The National Highway Traffic Safety Administration (NHTSA) reported in 2008, that more than 4,000 large trucks were involved in deadly crashes. More than 4,200 people perished in those crashes and an additional 90,000 sustained injuries.

In Florida, of the 4,227 vehicles involved in fatal crashes in 2008, 269 were large trucks. When crashes involve two vehicles, large trucks are hit in the rear 3 times more than any other vehicle. Large trucks fatally colliding into other vehicles result in deaths in the other vehicle 74 percent of the time.

The IIHS evaluated 1,000 real crashes that occurred between 2001 through 2003. Of the 1,000 crashes, there were 115 involving a vehicle rear ending a tractor trailer. Of those 115 crashes, death to the occupant occurred 28 times. Catastrophic underride happened in 23 of the 28 cases where an occupant was killed. Underride did not happen in 25 cases.

Conducting its own testing the IIHS used three trailer guards that met current U.S. compliance standards. Two of the three trailers also met the stricter standards of Canada. The current Canadian standards far exceed the U.S. standards regarding strength and energy absorption.

Only one guard passed the crash test that involved a vehicle going 35 mph and hitting the guard dead center. The passing guard, which was one that met Canadian standards, kept the vehicle from going under the truck. None of the guards prevented underride when the vehicle hit the guard off center.

"Under current certification standards, the trailer, underride guard, bolts, and welding don't have to be tested as a whole system. That's a big part of the problem. Some manufacturers do test guards on the trailer. We think all guards should be evaluated this way. Underride standards haven't kept pace with improvements in passenger vehicle crashworthiness. Absent regulation, there's little incentive for manufacturers to improve underride countermeasures, so we hope NHTSA will move quickly on our petition," says Adrian Lund, Institute president.

Continue reading " Rear-end accidents involving tractor-trailers a deadly cause of car accidents in West Palm Beach, Fort Lauderdale " »

Many Florida drivers find Spring Break traffic incredibly frustrating. It's as if the tourism season goes out with a bang every year. The aggravation of sitting in traffic or dealing with motorist who don't know where they are going is probably mounting. Just remember, aggressive driving behaviors lead to a higher risk of car accidents in Miami, Palm Beach, and elsewhere in the state.

Our Fort Lauderdale accident attorneys want to remind motorists to keep their cool in order to survive the next few weeks without incident.

A recent article in Yahoo News reported that aggressive driving and road rage can be controlled with education and the right amount of understanding.

The article gives two recent examples of how an aggressive driver caused serious bodily harm to another after a fit of rage. The first, a man punched a small woman who was standing in a parking spot as she saved it for her boyfriend, leaving the woman in a coma. Parts of her skull have been removed in order to reduce swelling. The second incident resulted in tragedy when a woman, after cutting in front of another motorist and began tapping on her brakes, was shot in a parking lot. Both drivers had pulled into the parking lot to settle the dispute when the second driver pulled out a gun and shot the driver who had cut her off.

Studies have shown that motorist react to aggressive driving behavior instead of just letting it roll off of them. Road & Travel Magazine reports the results of a survey. They found that 34% of drivers honk their horn, 27% yell, and 19% give the finger to an aggressive driver.

Another 17% flash their headlights. There were 7% of drivers who admitted to retaliating by doing the same aggressive behavior back to the aggressor, and 2% admitted to trying to run the other driver off the road after being a victim of aggressive behavior.

As humans, we all feel we have personal space of which we are territorial. Our vehicle is just an extension of that. So when another motorist cuts us off we feel our space has been invaded and the common reaction is to retaliate. The AAA study found that the inability to separate our feelings about the aggressor, congested roadways, or failing to obey traffic laws and signs all play a role in aggressive behaviors. Our mood, feelings of drowsiness, comfort level, and stress level also play an important role when it comes to road rage.

We have all been there, especially this time of year. State Senator Mike Bennett may have one possible solution to help reduce some incidents related to road rage. According to WTSP 10 News, the Senator has proposed a bill that would require drivers to stay out of the far left lane on two or more lane streets and interstates. Though the amount of the fine has not been determined yet, any driver who remains in the far left lane, with the exception of passing, would be fined. Secondly, the bill proposes that drivers who drive too aggressively around motorist who aren't getting out of the left lane will also be fined. There are more than 20 other states that already have a similar law in place. Senator Bennett is hopeful that the new law would reduce road rage, reduce crowding on congested interstates, and lure motorists to be more courteous to other drivers if they know they will be fined.

Continue reading " Road Rage often leads to Palm Beach car accidents " »

In our Spring Break 2011 series we have been reporting on topics like distracted driving, alcohol-related accidents, and teen driving accidents. The fourth topic in our series is premises liability injuries, which are a serious danger for students and families who are visiting Florida for Spring Break. Owners of resorts, hotels, restaurants and night clubs have a responsibility to keep their patrons safe and free from personal injury accidents in Miami, Fort Lauderdale or elsewhere in the state.

The Fort Lauderdale personal injury attorneys at Freeman, Mallard, Sharp & Gonzalez understand the many circumstances that may result in the owner of a business or property being held liable for injuries sustained in an accident.

Due to the high volume of people vacationing during a small time frame, hotels, local businesses and restaurants may have a difficult time keeping up with safety issues. A few examples of accidents that may occur and could be considered negligent are slip and falls, pool injuries, elevator or escalator injuries, blockage of the fire escape, or balcony collapse.

These types of accidents can often lead to broken bones, spinal cord injuries or head trauma. Owners and managers have an obligation to maintain all areas of their property, as well as any rental equipment, in order to keep serious injuries or fatalities from happening.

The following are safety tips for patrons to use to avoid personal injury on Spring Break:

-When checking into the hotel, take note of all emergency exits and stairwells so you know their proximity in location to your room, pool, restaurant, or areas most occupied.

-When dining at local establishments, stay away from areas that are freshly mopped or under construction.

-Alert property management if maintenance issues are detected on escalators and elevators. Take the steps when possible to avoid entrapment.

-If the hotel pool or local beach is overly crowded, pick a less populated area. If this isn't possible, come back at a later time.

-When renting equipment, make sure someone on staff checks the equipment and properly trains anyone intending to use the equipment.

It is recommended that hotels, local businesses and night clubs keep their properties safe by providing the following safety to patrons:

-Enhance security by placing several guards throughout the property during the weeks of Spring Break from March to mid-April.

-Maintain all areas of your property. Place signage for any areas under construction or maintenance, or being cleaned (bathrooms and lobbies).

-Rental equipment should be maintained and functioning properly with routine safety checks.

-Have one or more lifeguards on duty during peak times.

-Never serve alcohol to underage teens.

Continue reading " Premise liability injuries in Palm Beach, Fort Lauderdale, a Spring Break concern " »

Whether you are spending the week in Florida for Spring Break or just making it a long 3-day weekend, motorists are reminded to celebrate responsibly. As we conclude our Spring Break 2011 series of related topics on teen drivers, distracted driving and drunk driving, we want to remind motorists to have fun and to stay safe.

Our Fort Lauderdale accident attorneys know that St. Patrick's Day is mostly celebrated with green beer and pinches for those failing to wear green but coupled with the start of March Madness and Spring Break, it also signals the start of the busiest stretch of the year on South Florida roads and beaches.

St. Patrick's Day, regarded as a public holiday, is celebrated on March 17th internationally. Here are a few interesting tidbits about the holiday itself:
-Originated as a Roman Catholic holiday and became an official feast day in the 17th century. Today, we know it as a celebration of the Irish culture.

-Saint Patrick was the patron saint of Ireland.

-Shamrock was a teaching method he used to explain Christian doctrine.

-The original color linked to St. Patrick was blue but over time evolved to green.

-Considered a celebratory day from the beginning, Saint Patrick's feast day was celebrated as early as the ninth and tenth centuries.

-Tallahassee has been hosting an annual St. Patrick's Day event since 1999. In 2010, the city hosted the first annual St. Patrick's Day parade and Downtown Get Down.

Special events and holidays like March Madness and St. Patty's day often lead to a lot of binge drinking by young adults. This year they both happen to fall during Spring Break.

The Centers for Disease Control and Prevention defines binge drinking as a period of drinking that brings an individual's blood alcohol concentration level (BAC) to .08 or above. Typically it takes males 5 drinks in 2 hours to get to that level and females need to consume 4 drinks in the same amount of time. Binge drinking is common in college age students up to age 26.

In an effort to prevent drunk driving, Florida Highway Safety and Motor Vehicles offers the following safety tips:

-Young adults on medicine should read the warning labels on prescription medicine bottles before consuming alcohol. Certain side effects can inhibit your ability to drive even if consuming only one alcoholic beverage.

-If you are out with friends, take the keys of the driver if they begin to consume alcohol.

-Designate a driver before you leave. If no driver is designated and everyone is drinking call a taxi or take public transportation to get everyone in the group home safely.

-If you suspect someone driving under the influence call *347 on your cell phone to report the driver.

Young adults need to know their limit for alcohol consumption. Binge drinking can lead to serious injury or even fatality not only in car accidents but in other personal injury accidents like drowning or acts of violence. Be responsible and in control at all times in order to avoid these kinds of accidents.

Continue reading " St. Patrick's Day beginning of dangerous month of car accidents in Palm Beach, Fort Lauderdale " »

Daytona Beach plays host to half a million bikers and motorcycle enthusiasts each year as Bike Week begins March 4th and runs through March 13th. And to think this all started back in 1937 when the first motorcycle race took place on a 3.2 mile beach and sand course.

Though participant's young and old have a great time our Palm Beach injury attorneys and Fort Lauderdale motorcycle accident lawyers know the grim side to the festive 10-day event. Back in 2006 a record 21 bikers lost their lives during the event or driving to or from it.

It is likely the recent accident in Orlando that closed Florida's Turnpike as reported by
My FOX Orlando was a rider traveling to the event.

The horrific crash occurred just south of Orange Blossom Trail around 6 p.m. Wednesday night involving a motorcycle and tractor trailer. When emergency services arrived at the scene they found the motorcyclist trapped under the axel of the massive truck. A heavy duty wrecker was called to the scene to lift the truck off the victim.

The rescue effort took 70 minutes to extricate the victim from under the truck, who was then flown by helicopter to Orlando Regional Medical Center. All of Florida Turnpike's southbound lanes were closed for almost 3 hours until the accident was cleaned up.

In 2008, the National Highway Traffic Safety Administration reported 5,290 fatalities and 96,000 injuries to motorcyclists. Florida ranked 2nd in motorcycle fatalities with 523, California was 1st with 537.

We should always be mindful of motorcycles on our roadways, ABATE of Florida Inc. offers this advice:
-Expect to see motorcycles, constantly check for them as you would for pedestrians.
-Before you pull out or turn at an intersection check multiple times for motorcycles.
-Don't tailgate a motorcycle.
-A vehicle has many blind spots, turn your head to see what is around you.
-Motorcycles are typically painted in dark colors and don't stand out due to their size so don't rely solely on mirrors to spot them riding around you.

Continue reading " Fort Lauderdale motorcycle accidents a Bike Week danger " »

Though the numbers of fatalities involving watercrafts have been declining over the last 5 years, our Fort Lauderdale personal injury lawyers know that personal watercraft crashes and injuries are still a concern for Florida residents and tourists who visit the state on vacation.

Renting personal watercrafts is very popular among tourists but everyone needs to know the risk involved with these high powered machines in order to reduce the number of personal watercraft accidents in Fort Lauderdale.

Sponsored Bill 370 would raise the age to operate a personal watercraft from 14 to 16 years old.

The bill also wants operators of personal watercrafts born on or after Jan. 1, 1988, to have a boating safety ID card. This would mean attending and completing a boating safety class. This is the current requirement for those operating a motorboat of more than 10 horsepower.

House Bill 293 along with sponsored Bill 512 would eliminate criminal misdemeanor penalties for non-reckless accidents due to violating navigational rules. Navigational infractions that cause accidents that are deemed not reckless and don't involve alcohol would incur fines.

The bills sponsor thinks that boating 'fender bender' incidents shouldn't be going to criminal court. Accidents causing damage would have the following fines: first offenses up to $500, second offenses up to $750 and third and subsequent offenses up to $1,000.

According to the Florida Fish and Wildlife Conservation Commission in 2009 there were 143 personal watercraft accidents causing one fatality and 152 injuries and in 2008, there were 168 crashes causing 7 fatalities and 149 injuries.

From 2006 to 2009 a total of 42 people ages 16 or under were involved in personal watercraft crashes in the state.

Local business owners agree with increasing the age to 16, some already require potential renters of wave runners and jet skis to be 16 years old. Some of these watercrafts can reach high speeds in less than 5 seconds, which is too much horsepower for young riders.

Though the national watercraft association supports the bill, they think that 14- and 15-year-olds who already have a boating safety ID card should be grandfathered in.

Continue reading " Lawmakers tackle issue of watercraft accidents in Fort Lauderdale, elsewhere in Florida " »

Is Florida behind the times when it comes to texting laws, or is Congress to blame for the lack of a federal law when it comes to texting while driving in the state? Regardless, texting while driving is an overwhelming concern and the cause of many distracted driving accidents in West Palm Beach, Fort Lauderdale, and elsewhere is South Florida.

A recent article in St. Petersburg Times has our Fort Lauderdale personal injury attorneys wondering who to point the finger at considering 30 states already have texting-while-driving bans in place.

Over the last four years, lawmakers have had multiple bills introduced to ban texting in Florida, and after each session the bills have been denied. Understanding the process may bring it into perspective a little better.

Hundreds of bills are filed each year by state lawmakers but only about 10% make it through to committees, get voted on in both chambers, and signed into law by the governor. Typically, the bills that make it through have one or many of the following factors contributed:

-Affects public safety or financial crises.
-A strong lobby who petition for the bill.
-Emotional pull behind the bill.
-Powerful political leaders standing strong and in support of the bill.

Bills need to make it past the initial step, which is a committee headed by someone appointed by the House Speaker and Senate president. Dozens of bills introduced to regulate texting and cell phone use while driving have been introduced from 2007-2010 but none have made it past the first step.

Lobbyist don't get paid to push a bill like texting, so therefore, don't. Texting bans need a strong lobby behind them in order to get attention. There is some hope as AAA and solid waste companies are finding it to be a safety issue for the employees who ride on the back of trucks. Much attention gets placed on issues like the environment, health care, and insurance because they all have to do with financial affairs. The telecommunications industry has had a strong voice from petitioners in the past, and continues to rule the roosts, so to speak, when it comes to killing bills.

Due to the economic crisis we are in, texting bills often get swept under the rug because they have no emotional pull. Issues like state deficits or property taxes rising take precedent over distracted driving bills despite recent studies showing they are a cause of 25% of total traffic accidents.

Once again, texting-while-driving bills have been assigned to three committees in the House and Senate for the upcoming legislative session. To date, no hearings have been scheduled. Most believe this could be the year, but as in previous years, that point is up for debate.

Continue reading " No law against texting and driving leaves motorists at high risk of Fort Lauderdale car accidents " »