Miami Personal Injury Lawyer Blog

If a person is injured in an automobile accident in Miami, different insurance policies may cover that person's losses. When processing your claim for damages, a personal injury attorney will often request a copy of their client's motor vehicle insurance policy in part to determine whether the client possessed uninsured and/or underinsured coverage. The lawyer may also explain to his client that he/she may have to file a claim against their own insurance carrier. Is this a reason for concern?

What is Uninsured/Underinsured Coverage?

Uninsured vehicle insurance covers a person for "bodily injury, sickness, or disease, including death" caused by the "owner or operator" of a motor vehicle which did not possess bodily injury coverage of his/her own. Florida Statutes §627.727. As such, uninsured coverage acts as a safety net to protect a person when the faulty driver has no insurance coverage that will cover that person's loss. Under Florida law, in order to get a tag for a car, an owner only has to have PIP coverage and $10,000 in Property Damage coverage. Neither of these coverages will pay someone who is hurt by the driver of the car's negligence for their injuries.

Underinsured vehicle insurance covers a person for "bodily injury, sickness, or disease, including death" caused by the "owner or operator" when the insurance coverage (liability) of the at-faulty driver is not sufficient to cover the injuries to another caused by an accident. Such coverage will kick in only if the damages sustained by a person in an automobile accident are greater than the liability coverage afforded by the faulty driver's own insurance policy.

Why Should You Carry Uninsured/Underinsured Coverage?

As stated above, under current Florida Law, the minimum required motor vehicle insurance coverage is No-Fault and Property Damage Insurance. However, these policies do not cover third parties for bodily injuries sustained as the result of the negligence of a driver of another vehicle. Bodily injury insurance which would cover such losses is not mandatory in Florida. As such, if a person sustains bodily injuries in Florida as the result of the negligence of another driver, there is a good possibility that the driver's motor vehicle insurance will not cover the loss as most studies have shown that a majority of the cars in South Florida do not carry liability insurance.

It is thus advisable that Florida motor vehicle insured's add uninsured and/or underinsured insurance coverage to their motor vehicle insurance policy. This will afford them coverage for bodily injuries sustained in automobile accidents caused by the negligence of other drivers who do not have adequate bodily injury insurance coverage. Think of it this way, if you are injured because of someone else's negligence and you have a brake your leg and cannot work, who is going to pay your lost wages? Your medical bills over and above your PIP? Your lost wages or loss of earning capacity? No one, that's why to need to insure yourself and your household family members with this most important coverage.

Will My Premium go up if I File a Claim Against my Own Insurance Carrier?

Unlike many other states, under Florida law, insurance carriers cannot raise one's insurance premium for an accident which was not caused by that person's negligence. Florida Statutes specifically states it illegal for motor vehicle insurance carriers to impose or request "an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer's file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident." Florida Statute §626.9541(o). As such, a person who is not at fault in an accident should not hesitate to file a claim against their own Florida uninsured/underinsured policy as it will not affect their insurance premiums. This is the reason why personal injury attorneys immediately look into and often file such claims when the faulty driver's insurance coverage does not adequately protect against their client's losses.

Continue reading "Should I File a Claim Against my Uninsured/Underinsured Insurance Carrier" »

Tourists from around the world love to visit South Beach for its weather, its beaches and its nightlife. Unfortunately, one of the prices South Floridians have to pay as a result of this nightlife is having intoxicated drivers who are under the influence of alcohol and other dangerous toxic substances on their roads.

The Florida Legislature has responded to this dangerous threat by criminally punishing those driving while intoxicated. This Legislation has facilitated the recovery of punitive damages by Miami personal injury lawyers in cases where their client was struck and either injured or killed by a drunk driver. The recovery of punitive damages is sought in addition to compensatory damages, i.e., those for pain, suffering, disability, disfigurement, loss of a bodily function, death, medical bills and lost wages, both in the past and to be incurred in the future...

Florida DUI Law

The Florida Legislature has regulated the practice of driving under the influence (or DUI) under Chapters 316 and 322 of the Florida Statutes. Chapter 316 deals with the criminal penalties for DUI while Chapter 322 deals with driver license restrictions resulting for a person who is convicted or who pleads guilty to DUI. For purposes of our discussion, we will focus solely on the criminal penalties relating to driving under the influence.

Under Florida Statute §316.193(1) a person is "guilty of the offense of driving under the influence" if the alcohol content of the person's blood is over 0.08 grams of alcohol per 100 milliliters of blood F.S.§316.193(1)(b); or the alcohol content of the person's breath is above 0.08 grams of alcohol per 210 liters of breath F.S.§316.193(1)(c). Moreover, the Statute further states that a person who is driving under the influence is strictly liable for the bodily injuries and/or deaths that person causes. Florida Statutes §316.193(3). In practice, what does this mean for someone who is DUI?

If a drunk driver injures or causes the death of a person in Florida while he/she is DUI, that driver will be criminally liable if the alcohol level in the driver's blood or breath was in excess of the 0.08 gram threshold. Negligence of the driver is not a requirement under the statute. State v. Hubbard, 751 So.2d 552 (Fla., 1999). Establishing that the driver had in excess of 0.08 grams of alcohol is not always a simple task for the state attorney, as test validity must be proven beyond a reasonable doubt. Most often some type of test would have been administrated by the officer who was called to the scene of the accident or by hospital personal if the alleged subject is transported to a hospital.

Florida Statute §316.1932 specifically states that operators of vehicles in the State of Florida are "deemed to have given his or her consent to submit to an approved chemical test or physical test." The statute further states that if a law enforcement officer "has reasonable cause to believe" that the operator of a motor vehicle "was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages," that officer can administer any chemically approved test on the driver of the vehicle to determine the alcohol level of the driver. As a result, tests are routinely administered by officers called to the scene of an accident when there is a suspicion that the driver was DUI. If the alcohol level surpasses the 0.08 threshold, the driver is charged under the criminal statute. A battery or manslaughter DUI conviction will also open the door for the personal injury lawyer to recover punitive damages for his/her client. Although the recovery of punitive damages is facilitated when a person is struck by a drunk driver, such damages are more difficult to obtain when a person is struck by a driver under the influence of other more dangerous toxic substances such as cocaine. It should be noted that insurance does not pay for punitive damages, and unless the person at-fault has personal assets, it may be difficult to recover punitive danages.

Driving Under the Influence of Cocaine

If a motor vehicle accident is caused by a driver under the influence of cocaine in Florida, the state attorney will have to establish that the cocaine affected the driver to the extent that his/her normal faculties were impaired. The State cannot simply rely on a test that would show that the amount of substance in the person's blood or breath exceeded 0.08 grams. Sabree v. State, 978 So.2d 840 (Fla. App., 2008). Establishing that a driver's faculties were impaired is a more difficult and costly task than simply relying on a breath test. The prosecutor will have to hire an expert to testify that the amount of toxic substance in the driver's system actually impaired his/her normal faculties. This expert may be countered by an expert for the defense making it more difficult to convict drivers under the influence of narcotics. Videos of roadside testing often helps in these circumstances. Without a criminal DUI conviction, a personal injury may not be able to recover punitive damages when a driver was under the influence of these lethal drugs.

A driver under the influence of cocaine is much more dangerous than a driver under the influence of alcohol. The Florida Legislature should have made it easier to punish the drivers under the influence of these narcotics and not more difficult. It is imperative that the Legislature amend F.S. §316.193 to facilitate convictions for driving under the influence of cocaine and other lethal drugs to insure that Florida roads are safe. If you agree, please contact your State Representatives and State Senators and let them know how you feel.

Continue reading "Florida Punitive Damage Awards for Injuries and Deaths Caused by a Driver Under the Influence. " »

Under current Florida Law, it is easier for a Miami personal injury attorney to recover damages for injuries caused by a drunk driver than for injuries caused by a drowsy driver. This is due to the fact that driving under the influence is highly regulated in this State whereas drowsy driving is not.

Driving Under the Influence

The Florida Legislature has thoroughly regulated the practice of driving under the influence (DUI) under Chapters 316 and 322 of the Florida Statutes. More specifically, under Florida law, the operator of a motor vehicle is criminally liable for injuries he/she causes others if that person is driving under the influence of a toxic substance that "affected the driver to the extent that his/her normal faculties were impaired." In order to establish the liability of driver who is DUI, the state attorney will solely have to prove that the driver's faculties were impaired as opposed to proving that the driver was negligent, which is more difficult. The state attorney's task is even easier in the event of an accident that is caused by a drunk driver.

DUI is Penalized

In order to obtain a DUI manslaughter or battery conviction for drunk driving in Florida, a prosecutor only needs to establish that at the time of the accident, the driver's alcohol content was in excess of 0.08 grams of alcohol per 100 milliliters of blood F.S.§316.193(1)(b); or 0.08 grams of alcohol per 210 liters of breath F.S.§316.193(1)(c). Breath and/or blood tests are routinely performed by officers who respond to an automobile crash when the officer suspects that the driver was DUI. As such, if these tests determine that the content of alcohol in the driver's blood or breath was in excess of the 0.08, the driver will be convicted for DUI. Such a conviction would facilitate a personal injury lawyer in securing punitive damages for a client who was struck by a drunken driver. These severe sanctions for DUI driving have deterred drivers from driving under the influence in this State.

No Penalty for Driving While Drowsy

There is no similar Florida legislation, though, to deter people from drowsy driving. (Please note that Federal law limits the number of hours an interstate truck driver can work in an effort to avoid drowsy driving. Log books are required to be carried by these drivers.) We and other qualified trucking lawyers have found that often these logs are not accurate and that the vast majority of tractor-trailer accidents are caused by tired or drowsy 18 wheel drivers.

According to the National Sleep Foundation (NSF), researchers in Australia have shown that a person who has been awake for 24 hours has impaired faculties, as if that person had a blood alcohol concentration (BAC) of 0.10 which is higher than the legal threshold of 0.008 for DUIs. Despite these statistics, people do not hesitate to drive while sleep deprived. This reckless practice poses a constant threat on South Florida roads.

Consequences of Driving While Drowsy

Moreover, drowsy driving is one of the leading causes of motor vehicle crashes in the United States. In fact, the National Sleep Foundation (NSF) reported that "the National Highway Traffic Safety Administration conservatively estimates that 100,000 police-reported crashes are the direct result of driver fatigue each year." These accidents resulted in an estimated 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. Despite these staggering numbers, there is currently no legislation in Florida which criminalizes the practice of drowsy driving.

Unlike DUIs, the Florida Legislature has not enacted laws to punished drowsy driving. Proponents against the passing of such a law argue that unlike blood level testing, there is no test determining whether a person was driving while sleepy or drowsy. This argument is flawed as the Florida Legislature could render illegal the practice of driving while drowsy when the same affects the driver to the extent that his/her normal faculties are impaired. Roadside testing and questions to a driver can aide in assessing a driver's condition. Exploring a driver's actions before a crash can also yield information that may prove beneficial. This is the general test that has been used by the Florida Legislature for DUIs as explained previously. Such subtle change in the law would deter drivers from driving when they feel sleepy and render Florida roads safer.

Continue reading "Drowsy Driving Must be Regulated in Florida" »

There are many reasons why sidewalks are broken or uneven in Miami: tree roots can tear through the pavement, extreme weather can crack the concrete, sinking grounds floor can displace the sidewalk, etc. A Florida personal injury attorney will face several challenges when attempting to recover damages from a governmental agency for a client that has slipped or tripped and fallen as a result of an uneven or a broken sidewalk.

As a general rule, a government agency owes a duty of reasonable care to pedestrians who make use of publicly owned walkways. Included in this duty is the responsibility of the government to maintain its sidewalks in a safe condition. Despite this general duty of care imposed upon South Florida cities and counties, recovering damages for a slip and fall on a defective sidewalk can be complex.

Where Does Liability Lie?

The first challenge when recovering damages from a government agency for injuries resulting from a broken or uneven sidewalk is determining which agency to sue. Twenty years ago, Miami Dade County was largely responsible for most of the sidewalks and roadways in the county. This was due to the fact that there were very few incorporated cities in Miami-Dade. However, in the past twenty years, many cities have incorporated such as Aventura, Doral and Sunny Isles Beach. Consequently, the responsibility of maintaining sidewalks and roadways have shifted from the County to these newly incorporated cities or to the State for State roads. Additionally, many subdivisions were developed in the past twenty years and agreements have been entered between the various governmental agencies and the developers shifting the responsibility of maintenance to the developers and later to the Homeowner Associations. As such, a personal injury lawyer will first have to determine who is responsible for maintaining the sidewalk or road in a safe condition.

Timely Notice

Once the proper party is identified, timely notices must be sent out to these governmental agencies who may be responsible. Florida Law requires that in order to maintain a claim for damages against the State of Florida or one of its agencies or subdivisions, the injured party must present the claim in writing to the appropriate agency within 3 years after such claim accrues. F.S. §768.28. In certain cases, the claim shall also be presented to the Florida Department of Financial Services. F.S. §768.28. Failure to timely notify the appropriate government agencies will preclude any recovery for damages caused by the government's negligence. Most of the time, the personal injury attorney will have sufficient time to file the client's claim.

Limitation of Liability

Finally, the last difficulty in recovering damages from a government agency for injuries resulting from a broken or uneven sidewalk is the government's limitation of liability. Although the Florida Government has waived sovereign immunity (the prohibition of suing the government) for liability for torts, Florida Law limits the recovery for damages from a government agency to $200,000.00. F.S. §768.28. In most slip and fall cases, damages do not surpass this damage cap. However, there are cases where damages resulting from a defective sidewalk can surpass this $200,000.00 limit of liability. This would be the case, for instance, of an elderly person who slipped or tripped on a sidewalk and sustained serious fractures as a result of the fall. In some of these cases, the injured party can no longer walk properly and damages can be in the millions of dollars. In such case, the personal injury lawyer will have to secure a judgment against the government agency and report the amount awarded in excess of the $200,000.00 limit of liability to the Legislature requesting that an act be passed by the Legislature approving the payment of the damages in excess of the $200,000.00. This process, referred to as a Claim's Bill is quite involved. Our firm has successfully had Claim's Bills passed, one in the amount of $22 million dollars.

As explained herein, recovering damages from a governmental agency for a slip or trip and fall on a sidewalk is not a simple task. A qualified slip and fall attorney should be consulted in every such case to ensure that all procedural requirements have been properly met by the injured party and that liability can be proven.

Continue reading "Government Liability Resulting From Uneven or Broken Sidewalks" »

It is very common for operators of vehicles in South Florida to use their cellular telephones while driving. Wireless telephones usage while driving is a very dangerous practice as it draws the driver's attention away from traffic, road conditions and vehicle operation. This is especially true of texting while driving. I have seen some drivers recklessly use both of their hands in an attempt to send a text message while attempting to maneuver their steering wheel with their knees. This negligent and reckless practice is a direct cause of numerous automobile accidents each and every day.

Cell Phone Accident Statistics

Researcher Joshua Cohen of the Harvard Center for Risk Analysis reported on CBS News that they "calculate that around 2,600 people die each year as a result of this use of the technology." Another 330,000 are believed injured.

In response to the increasing number of automobile accidents caused by the negligent usage of hand held wireless telephones while driving, several state legislatures throughout the Nation have banned both the use wireless phones and the practice of texting while driving. An example of such a ban can be found in the State of California.

California Cell Phone Ban

Under California law, "a person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving." Cal. Veh. Code §23123(a). Under California Law, a violation of said prohibition "is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense." Cal. Veh. Code §23123(b).

Four exceptions are included in the California hand held wireless law prohibition. This prohibition does not apply to the following situations:

1. "A person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity." Cal. Veh. Code §23123(c).
2. "An emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties." Cal. Veh. Code §23123(d).
3. "A person driving a schoolbus or transit vehicle that is subject to Section 23125." Cal. Veh. Code §23123(e).
4. "A person while driving a motor vehicle on private property." Cal. Veh. Code §23123(f).

Although California law permits the use of a hands-free wireless telephone system to talk while driving, the more dangerous practice of texting while driving was entirely prohibited under California law until 2012. In the year 2012, the California Legislature, following improvements in wireless telephone technology, has permitted the use of texting with a hands-free generated system as well.

California Vehicle Code Section 23123.5. specifically provides as follows:

(a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the electronic wireless communications device is specifically designed and configured to allow voiceoperated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving.

(b) As used in this section "write, send, or read a text-based communication" means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

(c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call or if a person otherwise activates or deactivates a feature or function on an electronic wireless communications device.

(d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

Most states which have a ban on the usage of cellular phones while driving follow the California example in that the ban only applies to hand-held wireless devices. Hands-free wireless devices are usually permitted in these states as well.

Why Not Have a Similar Cell Phone Ban in Florida?

Unfortunately, the Florida Legislature has not followed these states and drivers are still permitted to recklessly use their cellular phones and pose great threats of danger on our roads. Might we suggest that all Florida citizens contact their legislatures and let them know that Floridian's want a ban on the use of hand held wireless telephones while driving to ensure safer roads in our State as well.

Continue reading "Why Florida Law Must Prohibit the Use of Hand Held Wireless Telephones While Driving" »

Even after suffering a spinal cord injury that would have paralyzed most anyone else, a monkey has been able to move his arm thanks to a new procedure. According to livescience.com, since the nerves above and below the injured area of a spinal cord remain operational, researchers were able to establish an artificial electrical connection between a monkey's brain and the nerves below the injured area, thus allowing the monkey to send neural signals to its spinal cord and move its arm.

Wireless Technology?

A co-author of the study, Dr. Eberhard Fetz, a Neuroscientist at the University of Washington in Seattle, Washington, has said that it is conceivable that in the distant future one could get lots of signals from the brain's cortex to trigger stimulation in different parts of the spine and begin restoring some basic functions such as the ability to grasp and some movement. Although medical science is not there yet, it is not difficult to imagine that wireless technology like bluetooth and others that we see today connecting many of our different electronic gadgets becoming adaptive to help patients suffering from spinal cord injuries connect their brains with their spines in a similar fashion.

In the past, scientists had been able to show that monkeys are able to use brain signals to control the electrical stimulation of muscles that had suffered temporary paralysis. Yet this form of direct stimulation of the muscles caused the monkeys to tire very quickly. In this case, however, researchers stimulated the spinal cord instead of the muscles. Their actions were done with the hope to restore a more coordinated and natural movement to the monkey following a spinal cord injury. This particular monkey had suffered a trauma that caused a partial paralysis of one of its upper arms and as a result, could not move its fingers.

Researchers created an artificial bridge between the brain and the spinal cord using signals recorded from the brain to control electrical stimulation. This allowed the monkey to flex his wrist muscles. Seeing that this worked, scientists then created a self-reinforcing loop by feeding the signals from the muscles back into the spinal cord. The results of the study suggest that control of the limbs may be restored if scientists/doctors are able to create an artificial connection between the brain and the spinal cord.

Other Attempts To Re-Route Signals

This is not the first attempt made by scientists to re-route electrical signals from the brain to undamaged areas of the spinal cord. In our post dated May 28, 2012, we talked about the case of a 78-year-old man with an injury to his C7 vertebrae who is now able to move his hands because his doctors re-routed some of his working nerves and connected them to an area of his spine above the the injury, allowing for communication between the brain and hands to be restored. Of course, in that case the injured area was physically "bypassed", while in the case of the monkey, the bypass was wireless.

In another case, researchers from Northwestern University in Chicago have been able to create a neuroprosthesis that combines a brain-computer interface (BCI) that is wired directly into approximately 100 neurons in the motor cortex of the patient's brain with a functional electrical stimulation (FES) device that's wired into the muscles of the patient's arm. Yet, as mentioned before, this type of direct connection to a subject's muscles creates fatigue very quickly and is therefore not the best way to accomplish movement.

We Have The Necessary Experience

Unfortunately, none of these procedures will be cheap when they become available and even those that are available now are not inexpensive. Consequently, the best hope for victims that have suffered their spinal cord injuries in accidents lies with an experienced personal injury lawyer that can help them recover the funds necessary for their rehabilitation. The lawyers of Greenberg, Stone & Urbano, P.A. have been handling accident cases, including those where clients have suffered spinal cord injuries, for over three decades. Please visit the Notable Cases section of our website to familiarize yourself with our work and contact us at 305-595-2400 as soon as possible.

Continue reading "Monkey Has Amazing Recovery From Spinal Cord Injury" »

Running a red light is a dangerous thing to do. Recently, dangerous turned into deadly: according to sunsentinel.com, five teenagers are dead after another young man ran a red light in the early hours of Sunday morning and t-boned their vehicle.

Ran A Red Light

At about 12:25 a.m. Sunday morning, 21-year-old Jabari S. Kemp of Florida City drove his 2008 Mercedes Benz into the side of the victims' 1994 Lexus, causing it to rollover. Police has identified four of the occupants of the Lexus as 21-year-old Jason A. Mahlung; 17-year-old Shonteria Grimsley; 14-yer-old Makita Campbell; and 17-year-old Christina Oliver Joseph. They were all from Riviera Beach, Florida. Three of the passengers in the Lexus were not wearing their seat belts and were ejected from the vehicle upon impact. It is not clear whether the driver was buckled up. The fifth occupant of the vehicle was wearing his seatbelt, but his name has not been released pending notification to his family.

The duty to stop at a red light is established by Florida Statute 316.075 (1) (c) (1), which states in relevant portion that "Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown." Considering that Mr. Kemp failed to stop at the red light, he is presumed to be at-fault driver. As a result of his injuries, Mr. Kemp had to be transported to the Hospital in serious, but stable condition. The accident is under investigation as a possible traffic homicide and no charges have been filed as of yet.

Many Still Don't Wear Seat Belts

It is unknown if there would have been as many fatalities if all the Lexus' victims were wearing their safety belts. Florida Statute 316.614 (4) (b) establishes that it is unlawful "to operate a motor vehicle in this state unless the person is restrained by a safety belt." According to sun-sentinel.com, just between Thursday and Sunday of last week, eleven people lost their lives in car accidents in Palm Beach County alone. Seven of them were not wearing their seat belts and six were ejected from their vehicles. Authorities estimate that about fifty percent of the drivers in Palm Beach County do not buckle up.

Four Days of Multiple Car Accident Fatalities

For example, 30-year-old Mariano Rivera and 20-year-old Susan Miller, both residents of Port St. Lucie, were not wearing their seat belts and were ejected from the vehicle when Mr. Rivera lost control while driving North on I-95 close to Donald Ross Road on Sunday. After they were ejected, the two occupants landed on the southbound lanes, where they were struck by a vehicle heading South. This gruesome accident included three other occupants of Mr. Rivera's car. They were not wearing their seat belts either and were ejected as well but, thankfully, they did not lose their lives.

Similarly, a man who ran a stop sign on Sunday crashed with another car and was ejected from his car because hi was not wearing his seat belt. He subsequently died when his own vehicle landed on top of him. The duty to stop at a stop sign is clearly established by Florida Statute 316.123 (2) (a) and any driver failing to stop as prescribed there incurs in a non-criminal traffic violation.

In another crash, a Riviera Beach police officer and his passenger were both killed when the officer lost control of his vehicle and they were ejected from the car. Neither were buckled up.

Finally, according to the Florida Highway Patrol, a vehicle traveling southbound on Interstate 95 hit a disabled van parked on the shoulder of the road and the driver died because he was not wearing his seat belt.

Comparative Negligence

Another good reason to buckle up is that Florida is a "comparative negligence" state. This means that in a car accident case the court will apportion liability between both parties. For example, if an occupant of a vehicle was not wearing his or her seat belt, and the jury decides that based upon the evidence they would not have sustained the injuries that they did had they been belted, than the jury may assign a percent of liability for the resulting injuries to that victim. Consequently, any resulting award that the victim will get reduced by that percentage.

We have the Necessary Experience

The lawyers of Greenberg, Stone & Urbano, P.A. have more than 100 years of combined experience helping victims injured in all types of car accidents recover the compensation they were owed and may be able to you too. Please go to our Notable Cases section to learn more about some of the car accident cases we have handled over more than thirty years.

Continue reading "Five People Dead When Driver Runs A Red Light" »

According the insurancejournal.com, an analysis of the top ten driving distractions that lead to fatal car accidents conducted by Erie Insurance shows that one in ten of the over 65,000 people killed in motor vehicle crashes over the last couple of years were involved in accidents where at least one of the drivers was distracted.

Eerie Insurance based the analysis on data collected by the National Highway Traffic Safety Administration (NHTSA) in its Fatal Analysis Reporting System (FARS), which is a nationwide census of fatal car accidents.

Many Distractions Cause Car Accidents

According to Doug Smith, Senior Vice President of Personal Lines at Erie Insurance, they looked at accident reports filled by police officers across the country and were disturbed about how many fatal car accidents were caused by distractions. The analysis included fatal crash reports from 2010 and 2011 and police officers listed a majority of drivers as "generally distracted" or "lost in thought".

Being distracted is not the only distracting activity that drivers indulge in that causes car accidents. Among others, the ten most common are:

1. Sixty two (62%) percent of drivers daydream, which is the common term for being "generally distracted" or "lost in thought";
2. Twelve percent (12%) of drivers were distracted using their cell phones (talking, listening to a conversation, dialing, texting);
3. Seven percent (7%) of drivers were distracted by a person, object or event outside the vehicle (rubbernecking);
4. Five (5%) percent of drivers were distracted talking to passengers or looking to other people traveling in their car;
5. Two percent (2%) of drivers were distracted while trying to reach or using a device in their car (like headphones or a navigational devise like a GPS device);
6. Another two percent (2%) of drivers were distracted while eating or drinking;
7. Two percent (2%) of drivers were distracted while adjusting the radio or climate controls in their vehicle;
8. One percent (1%) of drivers were distracted other controls integral to their car, like adjusting the rear view mirrors, seats or using the OEM navigation system in newer vehicles;
9. Another one percent (1%) of drivers were distracted while trying to move an object (like a pet or a box) inside their vehicle or trying to get rid of an insect;
10. One percent (1%) of drivers were distracted while smoking, which includes lighting up, putting ashes in the ashtray, etc.

Please note that as admitted by the authors of the analysis, the data from FARS is very difficult to verify because it is basically based on the police officer's observation after the crash and the distracted driver's reluctance to make any incriminating statements to the police after the accident. Yet, the authors feel that if anything, the numbers underscore the seriousness of the situation with driving distractions.

Moreover, despite the unverifiable nature of the data, the authors feel that the statistics are meaningful because as opposed to surveys where drivers self-report the different kinds of distracting behaviors they engage, this information relates to actual accidents and the actual police reports generated for those fatal crashes.

Don't Let Devices Distract You

The solution is simple: don't get distracted by devices. Erie Insurance recommends that drivers not answer incoming calls and let them go to voice mail. Otherwise, answer the call, tell them to call you later and hang up. Most of the times the incoming call will not relate to an emergency. If you see that the call is from a close relative (and thus feel that it may be an emergency), pull over if traffic and circumstances allow and take the call while stopped by the side of the road and not while driving. The same applies to texting. Finally, lead by example: show your children how to drive safely if you want them to eventually become safe drivers.

Continue reading "Top Ten Driving Distractions That Cause Fatal Car Accidents" »

According to thespec.com, Ontario's cancer care agency has discovered that about 1,000 patients being treated with chemotherapy last year were given a watered-down treatment that contained a lower dose of the medication than was originally prescribed. These patients were being treated for diseases that included breast, lung and bladder cancers.

The medication was prepared by a Hamilton, Ontario company, Marchese Hospital Solutions, and consists of a premixed cocktail of different medications dissolved in a saline solution. A pharmacy technician at one of the five Canadian hospitals where the medication was shipped discovered that the doses had too high a percentage of saline solution, therefore diluting the chemotherapy medication. Company officials are cooperating with the government's investigation.

Patients May Have Died Because of Error

One of the Hospitals where the incorrect doses were administered has reported that seventeen patients have died since beginning their therapy. David Musyj, President and CEO of Windsor Regional Hospital, where the seventeen patients died, said that it may be impossible to determine whether the diluted medication contributed to the patient's deaths or not. The discovery of the "bad medication" will not make it less painful for the surviving relatives. All hospitals are currently contacting the surviving patients and the families of the deceased patients to inform them of the problem.

One of the seventeen patients who passed away was 27-year-old Crystal Giegerich, who died in February. Mrs. Giegerich was six months pregnant when diagnosed with stage four breast cancer in the fall of 2011. The baby was delivered prematurely at seven months so that she could undergo chemotherapy. Her husband, a pharmacist with 23 years of experience himself, is still waiting to hear from the hospital, but would like to hear whether his wife was one of those patients who received the diluted medication.

Diluted Medications

The diluted portions of the medication cocktail were cyclophosphamide, a medication commonly used to fight breast cancer and some types of leukemia and lymphoma, and gemcitabine, used to fight lung and bladder cancers. Both were diluter up to 20 percent. These two medications are typically combined with three other compounds to make "a cocktail."

Pharmacy Errors Happen Anywhere

In our experience, pharmacy errors like those described above are not limited to Canadian hospitals. Our firm has successfully represented dozens of clients that have been harmed by erroneous doses and/or have been given the wrong medications by their pharmacist.

For example, we represented a 28-year-old Miami woman who was given another patient's medication as she recovered from complications following pregnancy. The wrong drug, known as Finasteride or Propecia, was administered to our client for about three weeks by the local store of a national pharmacy chain. Men typically use this medication to fight hair loss and prostate problems. Moreover, women are specifically warned not to take or even handle this drug. It was only when the client felt ill, that the discovery of the error came to light.

Also, we are currently representing a nine-year-old boy that had to needlessly go through months of nausea, vomiting, headaches and fatigue because his pharmacist was so ignorant and arrogant to cross off the medication originally prescribed by the boy's doctor and filled the prescription with "Rifampin" instead. The boy is suffering from inactive tuberculosis, for which his doctor correctly prescribed INH. Rifampin, the medication "prescribed" by his pharmacist is a medication specifically for cases of active tuberculosis.

Continue reading "Wrong Doses Given to Patients" »

According to the miamiherald.com, a suspect being pursued by police drove his 2013 Chevy Suburban SUV the wrong way on I-95 and crashed head-on with a 2013 Kia minivan, killing four family members.

Deadly Police Pursuit

The suspect, identified as Willie Dumel, was fleeing Opa-Locka police after an officer saw some suspicious activity and tried to stop Mr. Dumel. At some point in the pursuit, the suspect drove his SUV northbound in the southbound lanes of I-95 at Ives Dairy Road. Shortly thereafter, between Ives Dairy Road and Hallandale Beach Boulevard, the SUV crashed head-on with the minivan. The four occupants of the minivan, who were reportedly all family members, died at the scene. The victims have not yet been identified, but police say that they believe them all to be adults. According to police, one of the victims was ejected and the minivan was completely destroyed in the crash. Similarly, the front of the Chevy Suburban was completely destroyed as well.

The suspect, who initially was incorrectly identified as 24-year-old Paolo LaFrance, was taken to the hospital with two broken legs and would have to undergo surgery. Dumel's condition was stable Wednesday night and he was expected to recover. The initial confusion with his identity was due to the fact that he was carrying an ID from another man at the time of the accident. Police say that upon learning of the accident, the gentleman who's ID had been stolen came to their headquarters to let them know that he had nothing to do with the accident and that his ID had been stolen four years earlier.

Police also reported that at some point during the pursuit the suspect tossed a gun out the window of his SUV. The gun was later recovered and placed into evidence. Mr. Dumel has so far been charged with fleeing or attempting to elude, but is likely to face more serious charges.

Police Liability

However, regardless of the criminal charges that authorities may end up charging Mr. Dumel with, it is important to know that the government itself may be liable for the wrongful deaths of the four occupants of the Kia minivan. There are laws and even police policies that restrict the police from pursuing suspects under certain circumstances. Typically, these rules prevent police from engaging in high speed pursuits under most circumstances. Typically these rules prevent police from pursuing suspects depending upon the seriousness of the offense they may have committed and the potential danger they present to the public. Under no circumstances, should the police officer in question have commenced a high speed chase and if he did, his supervisors should have told him to stop. The ongoing investigation will determine whether police broke any of these rules. Yet, it would be in the victims' best interest to have an experienced law firm conducting it's own investigation to determine liability.

A number of years ago our firm handled a case where the police chased a suspect's car and caused it to crash and kill a college co-ed. We were able to prove that the police broke the law and their own pursuit policies. In our case, the police saw a "suspicious car," much like the facts in this latest case, and started a high speed chase at night which resulted in the death of a innocent teenager. In our case as well as in the latest tragedy, the officer lied about the facts and circumstances of the chase. In our case, we were able to reconstruct the police officer's actions and those of his supervisor conclusively proving that the police conduct was wrong.

Although liability may be limited by statute depending on what government agency ends up being responsible (apparently several agencies, like the Opa-Locka police department and the Florida Highway Patrol where involved in the pursuit), our firm has successfully obtained Claim Bills thru the Florida Legislature to compensate victims of governmental negligence for amounts far greater than the statutory cap.

Continue reading "Police Pursuit Ends in Mortal Car Accident" »

A jury in New Orleans has found pharmacy giant Walgreens liable for the stroke suffered by a woman due to a prescription error made by its employees. The woman has been awarded $1 million in damages. According to nola.com, a Walgreens pharmacy gave her anti-psychotic pills instead of her high blood pressure medication, causing her to suffer a stroke more than five years ago. Walgreens never denied that its employees made the mistake.

Walgreen Challenged Cause of Stroke

However, the attorneys representing Walgreens did question that a single pill of Zyprexa could have caused Peggy Williams, the medication error victim, a stroke. Moreover, Walgreens' attorneys had argued that Ms. Williams was not taking her high blood pressure medication as regularly as she should have and that such omission, and not the mistake Walgreens mad in giving her the wrong medication caused the stroke.

Although the jury did not agree with the assertions made by Walgreens' lawyers, they did find some negligence on the part of Ms. William and her son, finding that they should have caught the mistake because although the bottle was placed in a Walgreens prescription bag with Ms. Williams name on it, the bottle was labeled Zyprexa, a man's medication. Ms. Williams' attorneys pointed out that the pills that the victim was supposed to get and those incorrectly given to her, looked somewhat alike (depending on the dosage), but this argument was not enough to sway the jury's finding of negligence by their client.

How the Pharmacy Error Happened

On June 10, 2006, Derrick Williams, the son of the victim of this pharmacy error, went to the local Walgreens store to pick up Ms. Williams' Toprol prescription. The pharmacy employee gave him a bottle of a man's Zyprexa, a medication used to treat schizophrenia and bipolar disorder. As stated before, the bottle of Zyprexa was placed inside a Walgreens prescription bag with the victim's name on it.

Ms. Williams claimed that after taking one pill of Zyprexa she started feeling week on her left side. She went to the local hospital's emergency room and was sent home a few hours later with order to rest. The following day she still did not feel well and thinking she was having a heart attack, she went to see her primary care physician at Touro Infirmary in New Orleans. Her doctor ordered an MRI that showed she had suffered a stroke.

Despite undergoing psychological counseling and years of physical therapy, the weakness on Ms. Williams' left side persists, causing her stability to be off and for her to be prone to falls. This prevents Ms. Williams from traveling and from playing with her grandchildren. In other words, her condition prevents her from enjoying life as she used to.

The jury found that Walgreens was sixty percent liable, Ms. Williams 35 percent and Derrick Williams 5 percent. It is worth noting that Zyprexa was an important part of a criminal investigation by the Justice Department against the manufacturer of the pill, Eli Lilly. In 2009 the company pleaded guilty to illegally marketing the pill and paid the government $1,415 billion as part of the settlement. The judge in Ms. williams case did not allow her lawyers to use the preceding information about Zyprexa's previous legal tribulations because he deemed it irrelevant to this case.

Our Own Pharmacy Errors Experiences

In a similar case, the lawyers of Greenberg, Stone & Urbano, P.A. represented a 28-year-old Miami woman recovering from pregnancy complications was given another patient's medication by a national pharmacy chain. Our client took the wrong medication for about three weeks. This medication, Finasteride or Propecia, is a drug that men use to fight baldness and prostate problems and women are specifically warned not to take or even handle it. As a result of taking the wrongly dispensed medication, our client was injured. We successfully handled her claim as we have many, many others.

In another case handled by the lawyers of Greenberg, Stone & Urbano, P.A., our client, a single mother suffering from a minor stroke due to her chronic low blood pressure, was mistakenly given by a medication to lower her blood pressure, instead of the medication prescribed by her doctor which was intended to raise her blood pressure. This negligent mistake by a Boca Raton pharmacist further complicated her recovery. Again, we were successful in bringing a claim for damages.

Continue reading "Jury Finds Walgreens Liable For Prescription Error That Caused Stroke" »

A recent study in Canada suggests that the heavy workload of nurses, as well as distraction and poor communication are the most common causes of medication errors with children in hospitals. Moreover, the study suggests that the use of drugs approved for adults in children is a serious problem. Given a child's unique physiology, especially their weight, a mistake administering these drugs originally formulated for adult physiology can have deadly implications.

According to cbc.ca, a team from Queen's University in Kingston, Ontario, led by Assistant Professor Kim Sears, anonymously surveyed nurses at hospitals affiliated with universities across the country and found that at least four young patients had died after a medication error during the three month study period. The study showed that 372 prescription errors were reported, including 127 cases where the error was caught before the wrong drug was administered. The most common errors were giving children the medication at the wrong time; giving them the wrong dosage; and giving them the wrong medication.

Standardized Approach for Preparing Medications

According to Professor Sears administering medication to children is largely based on the child's weight. The study revealed that different hospital wards use different mathematical calculations to determine the right medication dosage. Professor Sears recommended the creation of a standardized approach to this process. Her study also showed that nurses often have to prepare the medications for their child-patients in a cluttered environment, one where they may be interrupted, such as someone mopping the floor or other patients, their relatives or other visitors asking questions and thus, distracting the nurse.

Sears recommends that the areas where nurses are to prepare medications should be well lit and clutter free, so that nurses are not distracted while preparing the medications for their patients.

Similar Things Happen At Pharmacies

Similar mistakes are made by pharmacists all over our State and country. Much like nurses within a hospital environment, pharmacists get distracted by customers asking questions while the pharmacist is preparing medications, causing them to make mistakes that can be deadly. In addition, many pharmacies are simply understaffed, and the pharmacists overworked. They don't have the time to carefully check their work or the work of the pharmacy techs. As mentioned before, our firm has handled dozens of cases where mistakes in prescriptions have been made.

For example, we represented a 28-year-old Miami woman who was given a drug for men's hair loss and/or prostate problems called Finasteride or Propecia at a large national pharmacy chain. Women are specifically warned not to take or even handle this medication and she took it for approximately three weeks while recovering from complications in her pregnancy, suffering significant negative side effects. In a very similar case involving the same medication, another client who had suffered the stillbirth of her child was mistakenly given Finasteride which had been prescribed for another patient, just because she shared the same last name of this other patient.

We also handled a case where a pharmacist's ignorance about what medication should be used for active and inactive tuberculosis. The mistake caused a child to needlessly suffer from nausea, vomiting, headaches and fatigues for months. Both forms of the disease are treated with different medications, yet the pharmacist crossed out a prescription for INH given by a doctor to a nine-year-old boy with the inactive form of the disease, and instead gave the child "Rifampin," a drug given to patients with active tuberculosis.

Please visit the Notable Cases Section of our website to learn more about these and other relevant cases.

Continue reading "Medication Errors In Hospitals Common With Children" »

According to inquisitr.com, separate studies recently performed in Canadian hospitals showed that medication errors are far more common than previously believed and that they include a variety of cases that go from mix-up of drugs to wrong drug interactions.

Medication Error

A medication error by a doctor or pharmacist occurs when a patient is given the wrong dosage of a medication or when the patient is given the wrong medication for his or her condition. Of course, a patient can make a medication error when he or she uses expired drugs, or does not adhere to a drug-taking schedule, or is not aware of adverse drug, dietary, and allergic interactions. Medication errors often have life-threatening consequences.

There are many causes for medication errors. For example, they can occur because the pharmacist may have trouble reading the doctor's handwritten notes or get confused about different drugs with similar names or misunderstand the dosage. Many errors occur when the prescription is entered into the pharmacy's computer system, especially by a non-pharmacist assistant, incorrectly. A medication error can also occur when a physician, nurse or pharmacist fail to explain to the patient how a drug interacts with other medications or foods, or when the physician fails to gather all necessary information about a patient's drug history, diets or allergies before prescribing a drug. That is one reason why it is good idea to have all your medications filled at the same pharmacy, as pharmacists are supposed to be trained to pick up on such interactions.

Medication Errors Occur Quite Often

As stated before, a recent studies performed at Canadian hospitals found that medication errors occur often, sometimes with deadly results. For example, one of the studies showed that 20 drug-administration errors occurred by ward and although the majority of issues were related to mix-ups and near misses, 14 percent had lethal results. That's an incredible and scary percentage!

Similarly, another Canadian study found that close to 10 percent of child patients in 22 hospitals had been victims of medication errors. The study also showed that given their unique physiology and developmental needs, children are very vulnerable to medication errors. This second study showed that 22 percent of the adverse drug events found were preventable, while 17.8 percent could have been identified earlier and 16.8 percent could have been treated more effectively.

Not Only in Canada

Of course, medication errors do not occur only with children or in Canada. Dr. Leora Horwitz, a doctor from Yale-New Haven Hospital, recently admitted in an interview that "every physician can tell you about these kinds of errors. We do a relatively poor job of educating patients about their medications."

Also, we may add, these errors are not made only by medical doctors. As stated before, pharmacists make them quite often....In fact, our firm has represented many clients in cases were national pharmacy chains as well as local pharmacies have made harmful errors affecting them.

For example, in one case our client, a woman that had suffered a minor stroke, was prescribed a medication by her doctors to raise her blood pressure. The pharmacy mistakenly gave her medication to lower her blood pressure, something that further complicated her recovery. We were successful in getting her a monetary award.

In another case we represented a pregnant woman who was mistakenly given Propecia, the prostate medication of another patient. Women are specifically warned not to take or even handle this medication. As a consequence of this mistake our client suffered adverse effects. Again, we obtained a monetary award for her only after we and the client were satisfied that any and all possible temporary or lasting side effects of the error were investigated, understood and compensated for.

Please visit our Notable Cases pages to learn more about other pharmaceutical error cases we have handled.

Continue reading "Prescription Errors Are More Common Than Previously Thought" »

Michele Traverso, the hit-and-run killer of cyclist Aaron Cohen last year on the Rickenbacker Causeway has received a sentence of less than a year in jail. The light sentence was imposed even though Traverso was driving on a suspended license; had left the scene of the crash and more importantly, abandoned Cohen at the scene of the accident; and only surrendered himself 18 hours later, after covering his car with a tarp to hide it from the police. However, despite records showing that he had been partying in Coconut Grove until the early morning hours of the day of the accident, his toxicology report came back negative, so manslaughter charges were never filed. Because of the long delay between the time of the crash and the time blood samples were taken, any evidence of alcohol in Traverso's system would have disappeared.

According to miaminewtimes.com, prosecutors had asked Miami-Dade Circuit Court Judge William Thomas for a six year sentence. However, the Judge may have decided on the lighter sentence of an additional 364 days in jail because of testimony that Traverso suffers from an autoimmune disorder that would be very difficult to treat in prison...Mr. Traverso will still have to serve another two years on house arrest after getting out of jail, but the Cohen family, as well as cycling advocates from around Miami, are infuriated. Patti Cohen, widow of the slain cyclist, told NBC6: "We're serving a life sentence with what happened."

Bear Cut Bridge Closed

To make matters worse for cyclists, the day after Traverso's sentencing Miami- Dade County officials announced that cyclists may soon no longer be able to use Bear Cut Bridge to travel to and from Key Biscayne to Virginia Key. According to miamiherald.com, county officials worry that the bridge might be overwhelmed by traffic due to the Sony Open tennis tournament. To avoid this, officials are doing away with a walled-off pathway used by pedestrians, cyclists and joggers since the county previously shut down part of the bridge due to structural problems. Now pedestrians, joggers and cyclists will have to use the bridge's northernmost lane, which is closed to motor vehicles. However, should the new bridge configuration be too troublesome for pedestrians and cyclists, the county may consider closing access to the bridge to those travelers, effectively limiting access to Crandon Park only to those traveling in motor vehicles.

Miami Mayor, Carlos Jimenez, told the Miami Herald last Wednesday that they "have to find a solution that works for the majority of people."

County officials had closed the two westbound lanes earlier this month after they found structural damage that indicated the bridge could not support heavy vehicles. Later one of the lanes was opened to cars and motorcycles only, with trucks having to use an eastbound lane converted into a westbound lane. The tennis tournament organizers hired an engineer that recommended reinforcing the bridges' exposed beams with bolted steel plates, which would allow for the opening of the bridge's four lanes. However, Mayor Jimenez has said the plan would be good enough for maybe two or three years, but that after that they would have to do it over again and that the city's engineers were not in support of the proposal.

Bear Cut Bridge is the bridge were another infamous hit-and-run accident occurred back in January of 2010. In that accident, Carlos Bertonatti ran over and killed cyclist Christopher LeCanne. Police then had to chase Bertonatti through the island with LeCanne's bike still wedged under his car. Bertonatti has not been tried yet for his crime. He remains under house arrest. His trial is set to begin February 19 of this year.

Continue reading "Cyclist Killer Gets Light Sentence" »

The Food & Drug Administration (FDA) has given a green light to Neuralstem to test a human spinal stem cell transplantation therapy called NS!-566 on patients with spinal cord injuries. The first phase of the program will involve eight patients that suffered their injuries between one and two years before the treatment, with those injuries having caused complete paralysis below the level of their spinal cord damage.

All patients in the study will receive six injections of stem cells, followed by physical therapy and drugs to prevent the body from rejecting the stem cells. However, half of the patients in the study patients will receive doses lower than the other half in order to determine the right amount necessary not only to accomplish the maximum improvement possible, but the to avoid adverse reactions.

According to fool.com, the main purpose of the trial is to evaluate how safe is NSI-566. The company will also test how well the transplanted grafts survive and more importantly, whether those stem cell grafts are actually effective in helping increase function lost as a result of the injury, like motor and sensory function, as well as bowel and bladder control.

Successful Tests On Lab Rats

Studies conducted by Neuralstem on paralyzed laboratory rats proved successful in having NSI-566 turn into neurons across the break in the spinal cord, which resulted in a significant recovery of loco-motor function. NSI-566 has already been tested in a phase 1 trial on patients with amyotrophic lateral sclerosis or Lou Gehrig's disease.

As we have discussed in previous posts, the gravest form of injury to a spinal cord is when the cord itself is severed at some point. Such an injury prevents the orders sent by the brain to the spinal cord (by way of electrical impulses) commanding it to move the limbs and other parts of the body. With NSI-566 helping bridge the gap across the injured area of the spinal cord, those signals once again flow, allowing for sensory and motor functions to resume. The tests performed by Neuralstem have not produced a complete cure to paralysis, but are without a doubt an important step in that direction.

However, these experimental treatments are not cheap. For victims who are paralyzed due to the negligent acts of others, an experienced personal injury, trial attorney may be the only way to obtain the compensation they need to pay for medical treatment, including rehabilitation therapy, as well as daily living expenses.

Continue reading "FDA Approves Stem Cell Transplants To Treat SCIs" »