Prescription Drug Liability Lawyer Boca Raton

How to Help Prevent Prescription Drug Errors in Boca Raton

Prescription Drug Liability Lawyer Boca Raton

From drug companies to doctors to nurses to pharmacists, many people play a role in handling your prescription before it gets to you. As trustworthy as most of these individuals are, the fact is that accidents can – and do – still happen. Sometimes, somewhere along the line, mistakes can be made with your prescription that could cause you injury.

 

As frightening as it may be to think about, medication errors occur far more often than any of us would like, and sometimes they can be catastrophic. In Boca Raton, if an error made with your prescription results in you becoming sick or injured, you should always contact a lawyer to discuss your options and plan a course of action.

 

But we hope that you are never in this situation. To protect yourself and ensure that you do not fall victim to prescription drug errors, the FDA has compiled a list of steps that consumers can take to ensure their safety. Below, we have put together a number of tips to help you avoid prescription drug errors.

 

Know Your Prescriptions

 

Too often, patients either don’t realize or regularly forget which drugs they are taking. This can be an easy mistake to make, especially for patients who are taking multiple prescriptions. But it’s extremely important for you to be aware of the drugs you’re taking and to crosscheck with your doctors and pharmacists regularly to make sure that everyone involved is on the same page. To help you remember, make a list of all the medications and supplements you’re taking and keep it in your wallet.

 

Don’t Forget That Supplements Count as Meds, Too

 

Even if they’re completely natural (or at least claim to be), many supplements are unregulated, and their effects are not entirely known. When taken with prescriptions, they can cause effects that you may not anticipate. It’s important to remember which supplements you’re taking and mention them to your doctor anytime you discuss your medications.

 

Read Labels and Follow Directions Every Time

 

When you receive any prescription for the first time, read all the labels and directions so that you know exactly what the medication is, what its effects are, and how it’s meant to be taken. Beyond that, it’s also a good idea to read the labels of every prescription each time you take it. You may have two completely different medications that look almost identical, so be sure to double-check whenever you take your medications to avoid potentially dangerous mistakes.
Prescription Drug Liability Attorney West Palm Beach

Check Every Prescription You Pick Up

 

By the time you pick up your medication, you probably won’t have a copy of the script that your doctor sent in, either because you gave it to the pharmacist or because your doctor sent it in electronically. However, you can obtain a copy of the script either by asking the pharmacist for one or by printing one yourself using your doctor’s online practice portal. Know which prescription you are supposed to be getting right down to the milligram measurement and compare it to what you end up receiving from the pharmacy. It’s also a good idea to have a conversation with your pharmacist every time you pick up a prescription to make sure you fully understand the medication.

 

If You Suspect Something Is Wrong, Speak Up

 

If something seems off to you, say something. Pharmacists are there to answer your questions, and it’s always better to speak up now than to pay a steep price for medication errors later. There might be a completely valid reason as to why your medication dosage increased or why you’ve suddenly been given a new brand of the same medication. Pharmacists should always tell you when changes like these show up, but in case they don’t, it’s imperative for you to ask them if you notice that something is wrong or different.

 

Keep in mind that the people filling your prescriptions are human and they make mistakes. So it never hurts to double-check, especially when it comes to something as important and potentially dangerous as prescription drugs. It’s always in your best interest to stay aware of your prescriptions and understand their effects.

 

Defective Drug Injury Lawyer Boca Raton

However, doctors, pharmacists, and drug companies should always be responsible for keeping patients safe from prescription drug errors, and they should be held accountable if they make a mistake that ends up harming you. If something does go wrong and neither you nor the medical professionals working with you catch it in time, call The South Florida Injury Law Firm, your personal injury lawyers in Boca Raton, to discuss your options.

 

 

Motorcycle Accident Lawyer Boca Raton

Staying Safe While Riding Your Motorcycle in the Rain

Motorcycle Accident Lawyer Boca Raton

You’re on the road when the blue skies suddenly become overcast and rain starts to fall. First it’s a few drops at a time, but eventually it becomes a torrential downpour. This can be daunting enough when you’re in a car, with a roof over your head and your windshield wipers working at maximum speed, but it’s even worse when you’re on a motorcycle.

 

Inclement weather is one of the leading causes of motorcycle accidents. Regardless of your level of experience, it’s best to avoid riding your motorcycle in the rain, because rain creates all kinds of hazardous conditions for motorcyclists. You may trust your skills and ability to handle the vehicle when the skies are clear, but you may not be prepared for riding in bad weather. However, there may be some situations (especially in Florida) where you get caught in the rain, or you need to ride in the rain to get from Point A to Point B. In those particular cases, follow these safety tips to avoid injury.

 

6 Tips for Riding in the Rain

 

1. Be smooth. The Motorcycle Safety Foundation says that one of the most important things to remember when riding in the rain is to have smooth control. Be easy on your throttle and brakes, but balance your grip at the same time. Don’t accelerate on turns; wait until you’ve completed the turn to speed up.

 

Motorcycle Accident Attorney West Palm Beach

2. Slow down. You should slow down in any kind of vehicle when the weather’s bad. On a motorcycle, slowing down will make it easier to stop suddenly if there’s a hazard in your path, and lower speed will decrease your lean angle on turns, making it less likely that your motorcycle will slip out from under you.

 

3. Leave several car lengths between you and the vehicle in front of you. It’s always a good idea to leave enough room between you and the vehicle in front of you so that you’ll have time to react if they suddenly swerve or slam on their brakes. This rule becomes even more important when the slick road will make it harder for you to come to a quick stop without sliding. Pay attention to the traffic in front and to the sides of you, so that you can quickly find an escape route if there’s an accident ahead of you.

 

4. Use engine brakes on corners. When taking tight turns, use your engine brakes by letting go of the clutch and letting your engine’s RPMs drop so that you naturally decelerate. This will reduce your likelihood of skidding.

 

5. Watch out for common rainy weather hazards. Keep an eye out for things such as deep puddles, potholes, manholes, railroad tracks, and oil spills, all of which can create extra slick surfaces in the rain and cause you to lose control of your motorcycle. Also, be careful at stop signs, toll booths, and parking lots, where oil leaking from stopped vehicles can create an especially slippery surface.

 

6. Get off the road if you feel unsafe. If it suddenly starts pouring and your traction and visibility are compromised to the point that you feel unsafe, find somewhere safe to pull over (ideally somewhere with a roof or overhang for you to stand under) and wait for the rain to die down. Trust your judgment; it’s never worth putting yourself in a risky situation just because you’ll be able to reach your destination a little faster.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Highway Auto Accidents

How to Avoid a Highway Accident

Highway Auto Accidents

Getting into a car accident in a parking lot or residential area is bad enough, but getting into a crash on the highway is far worse. When vehicles are traveling at highway speeds (typically between 60 and 75 mph), any kind of accident has the potential to result in driver and passenger fatalities.

 

The most obvious way to avoid getting into a highway accident is to stay off the highway, but that’s just not feasible for most Floridians. With four primary interstate highways, eight auxiliary highways, and approximately 1,500 interstate miles, it’s tough to be a driver in our state without spending some time on these fast-paced roadways. Whether you’re commuting to work or driving across the state to visit relatives, chances are you’re going to get there by traveling on one of these high-speed roads.

 

Of course, for all the reports about highway accidents and the crashes you’ve likely driven by, millions of drivers travel on highways every day without getting into accidents. By focusing on the road, practicing defensive driving, and following traffic laws, you can help prevent most types of highway accidents. Let’s take a look at some of the most common kinds of highway accidents and then go over some tips to keep yourself and your loved ones out of these crashes.

 

Common Types of Highway Crashes

 

Highway Car Crashes

Speeding, distractions (such as phones), drowsy driving, and drunk driving are all leading causes of various types of highway crashes, including:

 

• Lane change accidents: Drivers who fail to check their mirrors and blind spot or forget to signal before changing lanes may swerve into the side of another vehicle traveling at high speeds, or cut a faster car off so suddenly that the car slams into their rear bumper. Drivers may also rear-end another vehicle if they switch lanes with another slower-moving car too close in front of them.

• Rear-end accidents: Although you hear more about rear-end accidents happening on city streets, this type of accident can occur on highways when traffic begins slowing and one or more drivers fail to notice a change in speed. Since these rear-end accidents typically occur at higher speeds, they can cause serious harm, including spinal cord injuries and brain trauma.

• Rollovers: Top-heavy vehicles such as trucks and SUVs are particularly at risk for rollover accidents on tight turns or in bad weather. When large vehicles lose control and roll over, they often cause vehicles behind them to get into an accident, as well.

• Head-on collisions: One of the worst types of highway accidents possible, head-on collisions may occur when a drunk, drowsy, or simply inattentive driver enters the highway the wrong way via an exit ramp, or when a driver falls asleep at the wheel and drifts across the median.

 

4 Tips to Stay Out of Highway Accidents

 

4 Tips to Stay Out of Highway Accidents

Based on the descriptions of the accidents above, some ways to reduce your risk of being in a highway accident should, hopefully, be obvious. You should never drive when you’ve been drinking, even if you don’t think you’re that intoxicated. You should also put your phone away to avoid distractions, and if you start feeling tired on a long drive, take the next exit and pull over somewhere safe to rest.

 

Here are 4 more tips to help you avoid highway accidents:

 

1. Leave plenty of room when changing lanes in front of a truck. The average tractor-trailer loaded with cargo and traveling 55 mph on a clear road takes at least 290 feet to come to a complete stop—and that’s the best case scenario. Trucks traveling in bad weather, with overloaded cargo, or with worn-out tires or brakes will take even longer to stop, and cars that pass trucks and then cut back in front of them too closely can easily cause accidents. Never pull in front of a tractor-trailer unless you can see the entire front of the truck in your rearview mirror.

2. Stay out of blind spots. Although drivers should be checking their blind spot by looking over their shoulder before changing lanes, you can’t guarantee that everyone will be that responsible. Either speed up or slow down to avoid traveling in another car’s or truck’s blind spot for a long period.

3. Go with the flow of traffic. Weaving in and out of lanes to go faster than the rest of traffic is incredibly dangerous, but going so slowly that you’re forcing everyone else on the road to go around you is also an issue. Do your best to keep up with the flow of traffic and never, under any circumstances, come to a complete stop in a lane with traffic flowing around you.

4. Use your turn signals. You can’t expect other drivers to read your mind—even if you think you have plenty of room to make a lane change or get onto an exit ramp, you should always signal your intentions so that you don’t take drivers around you by surprise.

 

Keep in mind that you’re in a powerful, fast-moving vehicle when you’re driving on the highway, so don’t take unnecessary risks that will endanger yourself and others. And if another driver endangers or injures you through their recklessness, seek proper medical attention and then contact an auto accident attorney as soon as possible.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Crane,construction Tower Crane Equipment Over Building Construct

Crane Accidents, a Leading Cause of Construction Fatalities

 

With more and more people moving to urban areas and looking for central places to live and work, sometimes the only direction to go is up. High-rise buildings are, well, on the rise, and construction cranes are becoming a fixture along the skyline of major cities in Florida and around the country. Most of us pay these large pieces of machinery little mind… until we hear about a gruesome construction accident caused by a crane.

 

Crane accidents occur far more frequently than you might think. The website CraneAccidents.com tracks reports of crane accidents worldwide and has already documented 5 separate crane or trailer lift incidences, one involving a fatality and two involving electrocution on power lines, in the first week of June 2014 alone.

 

Common Types of Crane Accidents

 

It’s unsurprising that a heavy piece of machinery like a tower crane can do a lot of damage when something goes wrong. Tower cranes can have a maximum unsupported height of 265 feet and can extend even higher when tied to a building. Cranes can also lift up to 19.8 tons (39,690 pounds), a weight which can easily demolish buildings and kill bystanders if dropped.

 

Some relatively common types of crane accidents include:
• Construction workers falling: Construction workers sometimes use baskets attached to cranes to work on projects that require them to be at a great height, such as building a bridge. It’s possible for the bucket to become detached from the crane arm or for workers to fall out if they lean too far over the edge.

• Electrocution: If construction workers are using a crane to work on power lines, they risk being electrocuted and burnt if the crane comes into direct contact with the line.

• Crane overturning: Because cranes are so unwieldy, an operator or mechanical error may result in the crane overturning while it’s being moved.

• Crane slipping off road: As with any heavy vehicles, if the driver of a mobile crane begins to lose control and skid on the road, they may be unable to correct the error before sliding off the road and crashing.

• Crane collapsing: There are many different reasons a crane might collapse, including high winds, too much weight, or even a manufacturing error that results in the crane snapping at the base.

• Crane load dropping: In addition to causing a crane to collapse, overloading a crane may result in the load dropping, crushing any buildings or people below.

 

Both Construction Workers and Bystanders Are at Risk in Crane Accidents

 

Construction Accident Lawyer Boca Raton
While construction workers who spend a significant amount of time on or near a crane are obviously at the greatest risk for being injured or dying in a crane accident, individuals who are unassociated with the construction industry may be affected, as well. For example, in one of the worst crane accidents in modern history, a crane crashed into several buildings and a townhouse, killing seven people inside.

 

If you’ve been injured or have lost a loved one in a crane accident, contact an injury lawyer to learn what actions you can take. A personal injury attorney who has experience with construction accident cases will be able to help you determine who is at fault in your personal case. And, hopefully, by holding the negligent party responsible, you’ll be able to reduce the risk of future crane accidents.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Boat Accident Lawyer

4 Common Causes of Boating Accidents in Florida

Boat Accident Lawyer
Florida’s summer is well underway, and the hot weather is a perfect excuse to get out on the water. With close to 900,000 registered vessels in the state, chances are that you or someone you know owns a boat and is planning to use it this season. Getting out on a lake or the ocean can be a great way to spend some time with friends or family, as long as you take some safety precautions to keep yourself and everyone else on the boat safe. Unfortunately, boat owners fail to take precautions and end up injuring themselves or others far too often. In 2013 alone, there were 420 reported boating injuries and 62 reported boating fatalities in Florida. In fact, we hold the dubious title of State with the Most Annual Boating Accidents, coming in well ahead of other coastal states such as California and Texas. So what’s causing these boating accidents in our state? Here’s a look at just a few of the most common causes:

 

1. Inexperienced Boat Operators

 

Florida isn’t particularly strict when it comes to requirements for operating a personal watercraft. You have to be over the age of 14, and if you were born on or after January 1, 1988, you have to pass a boating safety education class, but that’s about the extent of it. This means that many boat operators lack experience and confidence when it comes to navigating waterways, and their lack of expertise can be particularly dangerous during the warm season, when lots of other boaters set sail. If you want to rent or buy a boat and have limited experience operating one, keep in mind that you can still choose to take a boat education class even if it isn’t legally required. It’s also a good idea to make sure any passengers you plan to take with you are familiar with boat safety rules.

 

2. Mechanical Failure

 

Mechanical Failure If you own and operate a boat, it’s your responsibility to perform routine maintenance checks to ensure everything is working before you take it out on the water. When boat owners or rental companies fail to properly inspect vessels, their negligence can result in serious accidents. To ensure safe, worry-free sailing, regularly check the engine, steering, rescue capacity, communication system, and navigational lights (if there’s any chance you’ll be out after dark). If you’re not experienced with boat maintenance, take your vessel to a professional. This is a situation where attempting to limit expenses by skipping the maintenance can cost you dearly. Companies that rent boats have a duty of care to their customers and should be performing regular maintenance checks on all their vessels; however, you should still ask the boating company if the boat you’re renting has recently been inspected. If the boating company assures you that the boat will function perfectly and you later experience a mechanical failure that endangers you and your passengers, you should speak with a boating accident lawyer as soon as possible.

 

3. Weather

 

Inclement Weather The weather can change quickly in Florida, and even if the skies look clear when you head out, you may find yourself unexpectedly facing torrential rain or high winds. Inclement weather may be too difficult for a boat operator or even a particular type of vessel to handle, leading to accidents such as a boat capsizing or even sinking. As a boat operator, you should always check the weather forecast in the morning before you head out. If there’s a chance of rain, high winds, or rough seas (for people boating in the ocean), don’t take your boat out. In case the forecast does look good, you should still check your safety equipment ahead of time and be prepared for sudden weather changes.

 

4. Alcohol

 

While it might be tempting to crack open a beer or two while you’re out on a boat, you need to stay sober if you’re the driver. The use of alcohol is the single biggest cause of boating accidents, accounting for a third of recreational boating fatalities. Just like driving under the influence, drinking and operating a boat is illegal under federal law. Sadly, not everyone recognizes the risks of operating a boat while drinking—or they assume that they’ll be fine since there’s “less to run into” on water than on roads. However, there are still other boats, jet skis, swimmers, docks, and other obstacles that an impaired boat driver can hit. Drunk boat operators and drunk passengers are also at increased risk for falling overboard and being unable to get the assistance they need.

 

 

Widespread Food Distribution Makes Contamination

Widespread Food Distribution Makes Contamination a Huge Issue

Widespread Food Distribution Makes Contamination

The globalization of food production and distribution has made it so that American consumers can go to their local grocery store and find items from every corner of the world. While many appreciate the diversity and convenience, our food distribution system also makes it easier for more people to get sick—if one batch of bad food is shipped out all around the country, consumers from the east to the west coast may suffer the serious effects of foodborne illnesses, and it becomes difficult for the distributor to recall all the bad units before they do damage. Regardless, it’s the manufacturer’s duty to do everything in their power to stop consumers from purchasing and eating contaminated food, no matter how widespread its distribution.

 

We’ve seen several major food recalls in the last few weeks alone. Lansal Inc. was recently forced to recall seven tons of their hummus products, which are marketed under the Trader Joe’s and Archer Farms labels, due to fear of Listeria contamination. Listeria is an organism that can cause high fever, headaches, nausea, and muscle aches. There have been fatal cases of Listeria infections, mostly in children and adults over 65.

 

Just before Memorial Day, the USDA’s Food Safety and Inspection Service announced a recall in nine states (including Florida) for beef that may have been contaminated with E. coli. E. coli causes severe gastrointestinal distress and has symptoms that typically last for three or four days, but the bacteria can be fatal for children, the elderly, pregnant women, and people with weakened immune system. The USDA named Gordon Food Service Marketplace and Giorgio’s Italian Delicatessen as two chains in Florida that may have received beef tainted with E. coli, and consumers who bought beef with a production date between March 31st and April 18th are urged to throw the meat out or return it for a refund.

 

Food Contamination Can Turn into an Epidemic

 

Food Contamination Can Turn into an Epidemic

So far, there have been no reported Listeria infections, as a result, of Lansal Inc.’s hummus—the company voluntarily recalled their product after routine testing turned up traces of Listeria–but eleven people in four different states are suspected to have become ill due to the recalled beef, and the USDA recently expanded their recall to include nearly 2 billion pounds of ground beef. Although it’s unfortunate that even eleven people have become sick, it’s a relatively small scale outbreak compared to some of the major food contamination issues of the last several years.

 

According to the CDC, roughly 1 in 6 Americans fall ill, 128,000 are hospitalized, and 3,000 die, as a result, of foodborne diseases every year. One large recall of a popular food product or ingredient can leave hundreds of people sick, and dozens hospitalized.

 

The largest food recall in the US occurred in 2008, when the Peanut Corporation of America (CPA) issued a warning about millions of dollars’ worth of peanuts and peanut products that were believed to be contaminated with E. coli. The warning, unfortunately, came too late for the more than 700 people across the country who became ill and at least nine people who died after eating the contaminated products.

 

Massive foodborne illness outbreaks like this should be a wake-up call to those working in the food processing and manufacturing industry. Consumers generally trust that the food available to them at grocery stores and restaurants has been thoroughly inspected to ensure its quality, and not only is food contamination a breach of trust, it’s dangerous to a wide swath of people nationwide.

 

Food manufacturers should perform standard tests for bacteria and other health-hazards as soon as food arrives at their facility and again when it has been through production. If there is a contaminant, this will help food manufacturers determine whether it’s coming from their own facility or the supplier. Food manufacturers and distributors also need to keep detailed records of both suppliers and recipients so that they can warn consumers of any contaminated products as soon as possible. The industry needs to take all reasonable actions to keep consumers safe, or they risk being liable for releasing a defective product.

 

What Consumers Can Do to Stay Safe

 

What Consumers Can Do to Stay Safe From Food Contraminatio

While it is the responsibility of the food supplier, manufacturer, and distributor to ensure that their product is safe to eat, there are precautions that consumers can take to prevent falling ill when a foodborne disease goes through the supply chain unnoticed.

 

Check sell-by dates. Some grocery stores will sell food products up to or even after the sell-by date, often putting the sooner-to-expire items at the front of the shelf with the offer of a discount. This can be especially dangerous when it comes to bagged greens, which provide a better environment for E. coli to grow the older they are.

 

Don’t leave perishables in your cart for too long. If you’re doing a big weekly grocery shopping trip, load up the non-perishable items first and grab perishable items like meat, produce, and dairy last. If you have a long drive home from the grocery store, consider bringing a cooler to stick the perishable items in.

 

Wash hands while preparing food. You should always wash your hands with soap and warm water before you start preparing food and after handling raw meat or any other animal products. You should also use hot water and soap to wash any cutting boards, kitchen surfaces, or utensils that you used when preparing your food.

 

Invest in a meat thermometer. If you don’t already own a meat thermometer, it’s well worth purchasing. In order to ensure that you’ve killed any bacteria, check to see that your meat is cooked to at least 160 degrees Fahrenheit.

 

If you do suspect that you’ve become sick, as a result, of something you ate, see a doctor as soon as possible. One reason foodborne illnesses are able to become so widespread is because the first few people who become sick do not always recognize that their symptoms are related to contaminated food.

 

If you or a loved one becomes seriously ill or even have to be hospitalized because of a contaminated food product, you should focus on recovering first, and then contact an injury attorney who has experience with defective product cases. Food manufacturers need to be held to a high standard of safety, and you need to hold them responsible if they caused you to suffer.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Wrongful Death Car Accidents

What You Need to Know about Wrongful Death in Car Accidents

Wrongful Death Car Accidents

Last November, “The Fast and the Furious” actor Paul Walker and former race car driver Roger Rodas lost their lives after crashing a high-performance Porsche in Santa Clarita, California. Although the report from the crash investigation says that the accident was caused by speeding (93 mph), Kristine Rodas is still looking for answers to explain her husband’s death.

 

Ms. Rodas recently filed a wrongful death lawsuit against Porsche Cars North America, claiming that her husband’s 2005 Porsche Carrera GT—which is capable of going from 0 to 60 in 3.5 seconds and has a top speed of 205 miles per hour—was not equipped with a proper crash cage and safety features in the gas tank that could have saved its occupants’ lives.  The suit also alleges that a mechanical malfunction forced Rodas off the road.

 

It’s less common to hear about this kind of solo-vehicle wrongful death lawsuit than it is to hear about multi-vehicle accidents in which one driver was clearly reckless or negligent. However, there are legitimate reasons for filing a wrongful death suit in solo-vehicle accident cases: if unsafe road conditions or a manufacturer defect resulted in a fatal accident, then the surviving family of the accident victim has a right to hold the negligent party responsible.

 

As a Boca Raton wrongful death attorney, I want everyone in my community to understand when they can file a wrongful death suit in a car accident case and what steps they need to take.

 

Cases in Which a Car Accident Results in Wrongful Death

 

If you’re considering filing a wrongful death lawsuit after the loss of a loved one in a car accident, the first thing you need to do is determine who was responsible for the accident. Some examples of a negligent party include:

 

Another driver who was intoxicated, distracted, sleep-deprived, inexperienced, or driving recklessly for another reason
The city or state, if they failed to maintain safe road conditions (e.g. if the city knew about but did not fill in the large pothole that caused your loved one to lose control of their vehicle)
The vehicle manufacturer, if their vehicle contained a defective part such as faulty brakes or failing suspension, and that defective part caused a fatal accident

 

Cases in Which a Car Accident Results in Wrongful Death
Although there is always an official investigation into fatal car accidents, as there was in the Paul Walker/Roger Rodas case, you may need to hire your own investigative team to determine the cause of the accident.

 

Initial Steps to Strengthening Your Case

 

File a wrongful death lawsuit within the statute of limitations. If you suspect that your loved one died as a result of a third party’s negligence, you should contact an experienced attorney and file a lawsuit as soon as possible, in part because it will be easier to reconstruct the accident the sooner you file, and also because you are legally required to make your case within a certain time frame. The statute of limitations for wrongful death cases varies from state to state; in Florida it is two years.

 

Gather concrete evidence. In some cases, your attorney may hire an investigative team to return to the scene of the evidence to look for things such as skid marks and road flaws. The specialists will likely look closely at the car(s) involved in the accident as well. Meanwhile, your attorney may subpoena footage from traffic cameras, surveillance cameras, or even someone who filmed the accident on their phone, if that sort of evidence is available.
Boca Raton Wrongful Death Lawyer
Interview witnesses. If anyone witnessed the accident, your attorney should meet with them as soon as possible, since memories become faultier with the pass of time.

 

Present your case in court. You should always have a well-qualified wrongful death attorney represent you in this type of case since so much is at stake, but more so if you are going up against a car manufacturer or insurance company. These organizations will do everything they can to prove your loved one’s actions contributed to the accident, and you’ll need a lawyer who has handled this type of case to counter their arguments and give you the best chance of recovering compensation.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Don't Text and Drive

“Happy” Text Has Grim Outcome for North Carolina Woman

Don't Text and Drive

Despite the overwhelming evidence that texting while driving is dangerous, all too many drivers are still deciding that using their smartphones can’t wait until they get to their destination. One of the latest tragic tales of a texting accident comes from North Carolina, where a young woman died seconds after posting a Facebook status about Pharrell Williams’ popular song “Happy.”

 

Police believe that 32-year-old Courtney Ann Sanford was driving in High Point, NC, when she posted the Facebook comment “The happy song makes me so HAPPY” at 8:33 pm on April 24th. Less than a minute after that comment went live, the High Point Police Department received a call about a car accident. The collision occurred when Sanford crossed the center median and drove headlong into an oncoming truck. The truck driver, 73-year-old John Wallace Thompson, was thankfully not injured, but Sanford’s Toyota Corolla caught on fire, and Sanford died at the scene.

 

Investigators found that Sanford was wearing a seat belt, but that it wasn’t secured properly. Police have also determined that she was not under the influence of drugs or alcohol, and that the most likely cause of the accident was Sanford’s use of her cell phone. High Point Lieutenant Chris Weisner said of this preventable tragedy, “In a matter of seconds, a life was over just so she could notify some friends that she was happy. As sad as it is, it is a grim reminder for everyone… you just have to pay attention while you are in the car.”

 

Despite Texting Bans, Distracted Driving is Still a Problem

 

Distracted Driving

In January 2014, Pew Research reported that 90% of American adults own a cell phone, and 58% of American adults have a smartphone. We’re living in a constantly connected culture, where people have become used to being able to reach their friends and family or access the internet wherever they go—even if they’re behind the wheel.

 

With anywhere from 387,000 to 421,000 Americans being injured in distracted driving-related accidents each year, state laws are finally beginning to catch up and discourage risky driving behavior. 43 states, as well as DC, Puerto Rico, Guam, and the US Virgin Islands, currently ban all texting while driving (Florida enacted a texting ban just this last October). 12 states also prohibit the use of all handheld phones while driving, although hands-free devices like those that use Bluetooth are still acceptable.

 

Unfortunately, the penalties for texting and driving vary from state to state and are often not severe enough to deter drivers who are truly determined to use their phone while they’re on the go. In Florida, for example, texting while driving is only a secondary offense (meaning a police officer has to have a primary reason for pulling a driver over before ticketing them for texting), and a first-time offense results in a fine of $30—little more than a slap on the wrist. In North Carolina, where Sanford’s accident occurred, texting while driving is a primary offense, and violators face a $100 fine, as well as court costs. Although North Carolina’s law is stricter than Florida’s, it still was not a strong enough deterrent to keep Sanford from using Facebook while driving.

 

Technology distractions are still a huge problem for drivers, with the CDC estimating that 1 in 5 crashes resulting in injuries were caused by distracted driving. In spite of texting bans and statistics that prove how hazardous distracted driving is, drivers who want to use their phone continue to get into the mindset that they’re capable of multitasking behind the wheel.

 

We Think We Can Multitask (But We Can’t)

 

Talking on a Cellphone While Driving

Perhaps one of the most common rationales behind texting and driving is that the driver thinks they are “good at multitasking.” They may think that they’ve got glancing back and forth between their screen and the road down to a science, and that their acute perception makes them better at texting while driving than other people on the road.

 

In reality, the human brain doesn’t multitask in the way many of us think it does. David Strayer, a cognitive psychologist at the University of Utah, has been working to bust the myth that people can successfully juggle multiple tasks at once. He told Psychology Today, “Our brains don’t do two things at once; instead, we rapidly switch between tasks, putting heavy burdens on attention, memory, and focus.” He added, “Talking on a cellphone while driving (perhaps the most ubiquitous type of multi-tasking) leaves people as cognitively impaired as if they’d had two or three drinks.”

 

Note that Mr. Strayer is discussing talking on the phone, an activity that doesn’t even take a driver’s eyes off the road. Texting or posting social media updates, which take a driver’s eyes off the road for an average of 5 seconds, obviously creates an even bigger impairment.

 

What Will Get Drivers to Stop Texting?

 

Although it was a horrible event, Sanford’s fatal accident – which received wide coverage due to its tragic irony—will hopefully serve as a wake-up call to other drivers who have thus far paid little attention to state texting bans. Sanford’s accident shows just how quickly someone can go from using their phone while driving to losing their life, all because they couldn’t wait until they parked to update their Facebook status.

 

We can only hope that these personal, emotional stories hit home more than distracted driving statistics and texting laws have so far. Anyone who has ever texted or updated their Facebook status while driving should reflect on Sanford’s accident. Maybe doing this will help them to recognize that they put themselves and other drivers in a potentially dangerous situation by allowing technology to distract them. While many of us consider it a modern necessity to constantly be available to our online contacts, we need to remember that no matter what message we need to share, it can always wait until we get to our destination or find a spot to safely pull over.

 

 

Slip And Fall Lawyer

Should There Be a Cap on Slip and Fall Awards?

Slip And Fall Lawyer

Each year, thousands of people are injured in slip and fall accidents. Sometimes, injuries sustained from these accidents can be severe, particularly in instances where an individual has preexisting medical problems, say in his or her hip. In certain slip and fall cases, the damages sustained can be staggering.

 

Because slip and fall cases can result in such serious injuries, lawsuit payouts following these cases can rack up some high sums. It’s not uncommon to see slip and fallawardsreach six figures, or even rise to the millions.

 

In one case, Marriott International was ordered to award $1.2 million for injuries sustained by one of its hotel guests. In this case, the court had to consider not only the case of the guest’s shattered ankle and the two surgeries that followed the fall, but also the arthritis that had developed in the ankle, the fact that the woman now walks with a limp, and countless other problems that tie in with emotional and physical suffering. Marriott International plans to appeal the $1.2 million verdict.

 

When payout amounts get so high, it’s common for major companies to argue and try to appeal these verdicts. During those appeal cases, the question inevitably arises: Should there be a cap on slip and fall awards?

 

What Would a Slip and Fall Cap Mean?

 

To individuals who sustain injuries following a fall, high slip and fall payouts seem fair. For defendants, though, high payouts are rarely as appealing, especially when the award numbers climb into the multiple thousands or millions.

 

When award prices get this high, one of the first arguments that people jump to is that there should be a cap on these types of awards. In injury cases, this debate has been going on for years. Usually the cap people advocate for relates to the amount that can be paid towards “non-economic” damages (that is, damages that are difficult to put a price tag on, such as emotional trauma). In almost all cases, a cap would not apply to “economic damages” (namely, those that include set amounts, such as hospital bills).

 

In many states, non-economic caps are already in place. Usually, the cap is set somewhere around $250,000 to $500,000. This means that, regardless of the details of your claim and your level of suffering, you will never be awarded more than the set amount.

 

The Business Perspective

 

Injury Attorney

Aside from the obvious benefits that award caps would have for defendants in slip and fall cases, it has also been argued that limiting damage payouts can reduce liability insurance losses in the long term. Some say that capping non-economic damages means that insurance companies will not have to fork over large sums, which means they won’t be trying to recuperate the losses from citizens by increasing premiums.

 

It has also been argued that capping damage payouts would lessen medical expenses across the board. Advocates claim that damage caps would allow doctors to be less fearful of being sued, meaning that they would no longer need to practice so much “defensive” medicine. (“Defensive” medicine refers to the practices of ordering an excessive number of tests and procedures to effectively cover all possibilities and lessen the likelihood of a lawsuit.) If defensive medical practices decrease, the cost of health care would go down,as well.

 

Damage Caps: Who Do They Benefit?

 

Contrary to the findings noted above, information from a 2006 report from the Confessional Budget Office showed that,“Lower premiums alone would not cut overall health care costs.” According to this report, malpractice costsare, in fact,marginal when considered in light of the wider realm of health care spending, which means that lowering them would have very little impact on overall health care costs.

 

In the above article, Chris Mather, the Communications Director for the Association of Trial Lawyers of America, states, “There’s nothing to back up the correlation between the high cost of premiums the doctors pay for medical malpractice insurance and lawsuits. This is about the insurance company wanting to pay the least amount possible for injury. … The civil justice system, the courtroom, is [the victims’] last resort. It’s the last place they can go to get what they need.”

 

Since damage caps likely will have no significant effect on health care costs, it is very unlikely that you or anyone who files a slip and fall claim would see any benefit from these caps.On the contrary, damage caps would only work against you.

 

The Victims’ Perspective

 

Accident Attorney

First, caps could discourage slip and fall victims from filing lawsuits. Lawsuits can be exhausting and expensive, so if the possible award amount is not substantial enough, individuals with legitimate cases may choose not to go all the way.This is unfair, as all injury victims should be entitled to plead their case.

 

Furthermore, if an injured individual decides not to file a suit, the responsible parties will be let off the hook.Not be held accountable for their actions means they may continue to endanger others’ lives through their recklessness or negligence.

 

Lastly and most importantly, if you’re the party injured in a slip and fall accident, you might not get what is due to you.Every slip and fall case is different, and the legitimacy of your claim should not depend on a cap that was set in place by people who have no knowledge of you or your claim. Caps like these would essentially concede that your injuries and your accompanying emotional and physical suffering are worth no more than whatever pre-determined amount has been settled on as a cap.

 

You deserve more.

 

Victims of slip and fall cases are entitled to financial reparations for their pain and suffering . Calls for caps are essentially calls to sweep these claims under the rug, claiming that victims’ injuries are invalid or not worth adequate compensation. But you deserve to be treated with fairness and respect. If your injuries exceed the cap’s value, you should receive the total payment that you are justly entitled to.

 

 

Video Surveilance - Personal Injury Claims

Technology That Can Help—or Harm—Your Personal Injury Case

Video Surveilance - Personal Injury Claims

We’ve come a long way in how we handle personal injury cases, with developments such as cloud software making it easier than ever to transfer important documents, and video surveillance streamlining the collection of physical evidence in certain accident cases.

 

Of course, just as technology can be a boon to claimants and personal injury lawyers, it also has its downsides. In this post, I’m going to look at two ways technology can actually damage a personal injury case and end on a more optimistic note by listing three ways technology can help.

 

Technology That Can Harm Your Case

 

Social Media

1. Social media. There are a staggering 1.3 billion monthly active users on Facebook, and there’s a good chance you’re one of them. Unfortunately, your Facebook account may be a liability in your personal injury case. Even if you know you have a legitimate personal injury case, you can’t be sure that the defense attorney won’t search your Facebook account for evidence they can twist.

 

For example, if you injured your back, but post a picture of yourself dancing in your living room, the DA could point to that as evidence that you’re faking your injury, even if in reality you only briefly posed for a “dancing” picture to show you were keeping your spirits up. The best thing you can do in your personal injury case is disable your Facebook account and personal blog, if you have one. You should also be very careful not to post any information about your accident on any social media outlets.

 

2. Surveillance technology. Although it might sound extreme, some defendants who risk losing a lot of money to your lawsuit might hire a private investigator to search for evidence to use against you. In addition to trawling your social media pages, the investigator might use videos or photos in an attempt to show that your injury is not as serious as you claim.

 

This is important to keep in mind, because many accident victims have times when their pain is not as severe as others, and might take advantage of these “good” times to do things outside or in public that they might not be able to do on days with worse pain. While your case is ongoing, keep in mind that you may be under surveillance in public areas, so you need to think about the message your behavior will send.

 

Technology That Can Help Your Personal Injury Case

 

Technology that Can Help Your Personal Injury Case

1. iPads. It’s becoming fairly common practice for many accident victims to use iPads or other tablets as they recover from serious injuries. These tablets not only help them perform day-to-day activities that they might not be able to otherwise, it also allows them to stay in touch with their attorney using video chat apps such as Skype and FaceTime. It can even be used to help stroke victims or other people who have lost the ability to speak to better communicate with their family, friends, and legal counselor.

 

Google Glass

2. Google Glass. A law firm in Arizona has just launched a new program aimed at equipping personal injury clients with Google Glass. The program, called Glass Action, lets clients send emails and other important documents to their attorneys with only a voice command or the blink of an eye, which is especially beneficial for amputees or other injury victims who can no longer use their hands. It also allows clients to record their day-to-day activities, which can be valuable in proving that their injury has had a serious impact on the way they lead their lives.

 

3. Black boxes in cars and trucks. I handle a lot of auto accident cases, and I know that one of the biggest struggles for clients can be producing concrete evidence that the other driver was at fault. This could change if black boxes become mandatory in all new cars and trucks, something that the National Highway Traffic Safety Administration is currently pushing for.

 

Black boxes, which are already being added to some cars and trucks in the US, record important crash data such as speed, acceleration, braking, and even whether or not the driver was wearing a seatbelt. This is huge for the field of personal injury law. Imagine, for example, that a commercial truck crashed into a van and injured the driver, but there were no witnesses other than the two people in the crash. Black box data from the truck could be used to prove that the truck driver lost control and accelerated into the van, or didn’t start braking until moments before the impact.

 

The takeaway is that the face of personal injury law is changing, largely for the better. It’s becoming easier for attorneys and clients to communicate, and it’s also becoming simpler to produce concrete evidence (since the plaintiff always has the burden of proof). It’s important for both attorneys and victims to think about how modern technology can work in their favor, rather than against them.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.