How Long Do I Have To File A Personal Injury Claim?

February 11, 2014

All states place limitations on how long you have to file a lawsuit for personal injuries you have suffered. Our Miami personal injury lawyers explain that the main reason for this is to ensure that only valid claims are brought for actual injuries suffered. For example, if you are involved in a car accident and believe you suffered a neck injury as a result of the accident, you shouldn't be able to bring a lawsuit ten years following the accident, because enough time has passed that other events or occurrences may have been the cause for your neck injury. These limitation laws, called "statutes of limitations," provide individuals with ample time to discover their injuries and file a lawsuit against any responsible parties.

In Florida, the statute of limitations for most personal injury claims is four years. This means that you have four years from the date you were injured to file a lawsuit against the responsible party. The list below includes, but is not limited to, common personal injury claims that fit into the four-year rule:

• Car Accident Cases, including minor injuries as well as fractures, brain trauma and spinal cord injuries;

• Slip and Fall (Premises Liability) Cases;

• Motorcycle and truck accidents

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Kansas Family Tragically Dies From Small Plane Crash in Florida Swamps

February 6, 2014

The convenience of small, privately owned planes today has allowed families who can afford it to fly themselves to their favorite vacation spots and business meetings . But when all family members are together in one small plane, any crash is likely to end each family member's life. In June of 2012, after vacationing in the Bahamas, a family of six died on their way back home to Kansas when they were flying through Florida and their small plane crashed. This family suffered the worse tragedy possible - all six of them lost their lives.

This crash has raised questions about how families should travel. Some families intentionally travel separately in the event that a crash occurs, so that at least some family members may survive. The risk of an aircraft disaster is not as high in the commercial setting as it is in a small private plane, so planning for potential heartbreak may depend on what type of aircraft family members are flying. However, our http://www.sgglaw.com/aircraft-disasters.html know the risk of being involved in an accident is higher in an automobile than any aircraft, so it is difficult to plan your family vacation around the risk of a tragic accident.

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Comparative Fault In Florida Car Accidents

February 3, 2014

All states have laws that define what happens when multiple parties are at fault in negligence actions. Our Miami personal injury lawyers know that lawsuits involving car accidents are essentially personal injury actions where one party (the plaintiff) asserts that another party (the defendant), has committed an act of negligence, and is at fault for the car accident. Oftentimes, more than one party is at fault for an automobile accident. When this happens, the plaintiff has contributed to the fault of the accident, and therefore has caused his or her own injuries to a certain extent. In Florida, this is called comparative fault.

Florida Law Regarding Comparative Fault

Under Florida law, if a plaintiff files a lawsuit and is found to be at fault in some way, then the compensation that plaintiff would receive is reduced by the percentage he or she is at fault. For example, let's say that a person ("Driver One") was involved in a car accident where the other driver ("Driver Two") ran a red light. Driver One suffered severe head trauma when his head slammed into the windshield of his car. Therefore, Driver One files a personal injury lawsuit against Driver Two for the injuries he suffered as a result of the accident.

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The Inconvenience of Parking Lot Accidents

January 30, 2014

Safety is always the most important consideration when addressing automobile accidents. Damage to your car should be an afterthought when you are lucky to be alive. However, when an accident occurs in a parking lot, injury tends not to be as much of a concern as the damage to your car. Our Miami car accident lawyers know that parking lot accidents can occur in a variety of ways. They could involve just one car, two cars, three cars or even more cars. Some common parking lot accident scenarios include (but are certainly not limited to) the following:

• Backing up at the same time as another car, hitting the car back bumper to back bumper;

• Backing into a concrete wall in a parking garage, or turning into a concrete pole while entering or leaving a parking space in a parking garage;
• Putting the gear of your car in drive instead of reverse when trying to back out of a parking space, hitting the car parked in front of you;

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Was My Accident Caused By Mechanical Failure? 4 Questions To Ask

January 27, 2014

Car, truck and motorcycle accidents happen so frequently in Florida that there's an assumption that one of the drivers involved must have caused the accident. Maybe a truck driver fell asleep at the wheel and barreled into a car in front of it, or maybe a motorcyclist was under the influence of alcohol when colliding with a car. While there typically is a logical explanation for the cause of a motor vehicle accident, there are instances where mechanical failure is the cause.

To understand what a mechanical defect is, the most common, basic example is when a motor vehicle's brakes quit working. A driver is pushing the brakes, yet the car or truck simply will not stop. Another common example is when a steering mechanism fails. Your steering completely locks up and you cannot avoid hitting the vehicle in front of you.

If you have been involved in an accident and you suspect mechanical failure was the cause, then ask yourself these four questions below, as they will point you in the right direction to understanding the cause of your accident. Answering these questions will allow you to eliminate other, traditional causes of automobile accidents. However, you should always seek the advice of a Miami Car Accident Attorney to assist you with answering these questions.

Question 1 - Were you driving the speed limit?

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The Importance of Wearing Seatbelts - Teenager Dies Of Traumatic Injuries From Car Accident

January 21, 2014

Most Florida drivers wear their seatbelts when driving. However, the younger population still feels invincible, that there's no way anything could happen to them as a result of not wearing a seatbelt. Earlier this month, a young Florida woman died from a collision with another young woman. Both cars collided in the middle of the roadway, as one driver was going northbound, and the other driver was going southbound. The young woman who died from the accident was in the front passenger compartment when authorities arrived. The other woman survived the accident, however, neither was wearing a seatbelt.

While there is some evidence that the surviving woman may have been under the influence of alcohol, it is likely the deceased occupant would have survived had she been wearing her seatbelt. This young lady would not have been violently thrown forward into the dash and windshield. Our Miami car accident lawyers understand even though the airbags in both cars deployed, this doesn't help drivers or occupants who do not wear seatbelts. This airbag could have served its purpose if the young woman had been wearing her seatbelt which would have held her in her seat.

Why Are Younger Drivers So Resistant To Wearing Seatbelts?

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Recovering from Burn-Related Injuries in Florida

January 20, 2014

Undoubtedly, car accidents can lead to serious and sometimes catastrophic injuries. These types of injuries unfortunately include severe burns, bodily disfigurement and sometimes death. If you were involved in an accident and suffered burn related injuries as a result, you need to seek medical treatment as soon as possible. Even if you think that your burns are not serious, foregoing treatment can cause chronic pain and other long term medical conditions. Moreover, waiting to have a medical professional evaluate and treat your burns may affect your ability to obtain the money you deserve to sufficiently compensate you for all of your injuries. Further, it is also important to speak with a Miami burn injury attorney as soon as possible if you sustained burns in an accident. These types of cases can be extremely complex, requiring the help of an attorney who has the skills and training necessary to effectively represent you.

How do Burn Related Injuries Happen in Florida?


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Head On Collision Kills Young Coral Springs Woman

January 16, 2014

In the early morning hours of November 18, 2013, two young drivers collided head-on while driving on the Sawgrass Expressway. Kaitlyn Ferrante and 21-year-old Marisa Catronio were traveling west on the freeway. Kaitlyn was driving and Marisa was in the passenger seat. Another young woman, 20-year-old Kayla Mendoza, was traveling west on the same freeway, but was traveling in the east-bound lanes, going the wrong way. Kayla struck Kaitlyn and Marisa head-on, and Maria was killed on impact.

It is too early to know if alcohol or other substances played a role in Kayla's decision to drive in the wrong lane on the freeway, especially given that the accident occurred at approximately 1:45 in the morning. Regardless of the underlying circumstances of the accident, this story reveals just how dangerous head on collisions are, as Marisa died on impact. The other two young women are lucky to be alive.

How To Prevent Head On Collisions

Our Miami car accident lawyers understand that there's no easy way to prevent head on collisions while driving on a regular city, county or neighborhood road. However, inserting barriers on freeways is not nearly as difficult of a task to undertake. Marisa's family has already stated to reporters that they want something to be done to prevent drivers from crossing over the median on freeways, where any head on collision is likely to result in death. Some highways already have barriers to prevent drivers from crossing over the median into oncoming traffic, and this has proved to be successful in cases where drivers fall asleep at the wheel, especially with truck drivers who often drive for more than ten hours at one time.

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The Importance of a Disengagement Letter

January 13, 2014

Sometimes you become dissatisfied with your attorney's ability to manage your case and pursue the best possible outcome. As a client, you have a right to terminate your attorney's services in accordance with the contingency agreement you signed when you first formed your relationship with him or her. As you will see on our practice area page regarding changing attorneys during a lawsuit, there are a variety of reasons why you may determine a new attorney would be better suited to handle your case.

Terminating Your Current Attorney

If your current attorney decides to withdraw from your case, the most important thing you need to do is to ensure your attorney has sent you what is called a "disengagement letter." This letter is proof that you are no longer represented by that attorney, and you can then seek the advice and representation of a different attorney. Many times, clients will receive these letters and throw them away, not understanding just how imperative it is to keep this letter in your records.

When you look for a new attorney to represent you for your car accident case, your personal injury case, your medical malpractice case, or any other type of civil lawsuit where you have signed a contingency fee agreement, you will need to present the disengagement letter to your new attorney. This provides assurance to the new attorney that you are not currently represented in regards to your lawsuit and will allow your new lawyer to explain to you, what, if any, responsibilities you have to your former attorney..

Depending on how much time and money your former attorney spent working on your case, the disengagement letter may be accompanied by a list of expenses. You should not be responsible for these expenses out of pocket. However, if you recover compensation through the representation of a new attorney, your former attorney may ask that a portion of your recovery be reimbursed to cover the costs spent while working on your case, so you should be prepared for this if you choose to change attorneys.

The Dual-Representation Issue

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Miami Woman Killed By Drunk Driver While On Her Way To Church

January 9, 2014

Drunk driving is rampant is South Florida, and too many innocent people are being seriously injured or killed. While it is always heart-wrenching to lose someone in to a drunk driving accident, it is especially saddening when the victim was known for being such a wonderful, giving person. At the end of October 2013, Fannie Ash was on her way to Jordan Grove Missionary Baptist Church on a Sunday evening. This was routine for Fannie Ash, as she always greeted worshipers on Sundays, supervised the children and was devoutly involved in participating in Church sermons.

As Fannie was walking across the street after leaving her home, a Ford pickup truck slammed into her. The man who hit Fannie Ash claims the elderly woman jumped out of nowhere. Witnesses say that after the man hit Fannie Ash, he drove off. The man did end up coming back to the scene and admitted to the police that he was the man who hit, and killed Fannie Ash. Our Miami drunk driving accident lawyers discovered that the police suspected the man to be under the influence of alcohol, as his eyes were blood shot, his speech was slurred, and he smelled of alcohol. The man was subsequently charged with DUI manslaughter.

The man's conduct ended Fannie Ash's life and scarred her family and friends forever. Witnesses to the accident knew Fannie Ash very well, so this made the incident even more tragic. This was a woman who devoted her life to helping others. The heartbreak her family suffered should not be felt by anyone else. Fannie Ash's story must be shared to encourage Florida citizens to avoid driving under the influence. While Fannie Ash cannot come back, her family can seek justice by filing a wrongful death lawsuit.

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A Young Girl Dies of "Morphine Toxicity"

January 7, 2014

The use of pain medication is rampant in the United States. Whether it is prescribed for back pain, cancer patients, or for those who recently underwent surgery, the use of this type of medication has grown across all ages and all types of people. As a result, our Miami personal injury lawyers see how it arguably has become the norm, which influences us to forget just how dangerous pain medication can be.

We all know about the addictive nature of pain medication, but we tend not to think about how a pharmacy error can be deadly. Pain medication is often the only form of pain relief available, so the dosage must be accurate, or serious injury, and even death, may occur. The pharmacy is the last step between the doctor prescribing the medication, and the patient ingesting the medication. Therefore, as patients, we heavily rely on a pharmacist's expertise to dispense the proper dose of a medication.

Tragedy Strikes A 6-Year-Old Girl

In August 2013, a mother sued her longtime pharmacy for providing her 6-year-old daughter with a toxic dose of morphine that ended her life. According to the family's attorney, the pharmacy provided a dose of morphine that was ten times greater than what had been prescribed. The dose of morphine was in liquid form. Just one dose was too much, with the young girl's fate lying in the hands of the pharmacist.

This young girl had sickle cell anemia, a disease that causes excruciating pain. The small dose of morphine that was supposed to alleviate the young girl's suffering ultimately ended her life. Had the pharmacy simply filled the prescription as directed by the doctor, this young girl may still be alive today.

What We Expect From Our Pharmacists

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A Pharmacist's Mistake Could Cost You Your Life - Miami Wrong Medication Claims

December 31, 2013

With the generic pharmaceutical industry growing and taking over nearly 90% of market share, the same medications may look different depending on what pharmacy you choose you to fill your prescription. Further, our Miami personal injury lawyers know that many prescriptions have very similar names. As humans, we all make mistakes, but when a pharmacist makes a mistake, the consequences could leave you or a loved one very ill, or could even end your life. Pharmacists are held to a higher standard as healthcare providers, so they need to be especially cautious and detail-oriented when dispensing the medicine you take. After all, the pharmacist knows more than you do about the medication, and you put your trust in your pharmacist to ensure you are getting the medication that has been prescribed to you and in the correct dosage - not the wrong medication that could harm you.

A Florida Family's Close Brush With Death

In early 2012, a mother shared her son's story to West Palm Beach's News Channel 5 regarding her son's experience with a potentially life-threatening medication. This mother and her son were both lucky because the mother diligently examined the medication that was dispensed to her son. Her son has Attention Deficit Disorder (ADD), and is prescribed the medication "Intuniv" by his physician to treat the condition.

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Florida State Tight End Nick O'Leary's Life Spared in Tallahassee Motorcycle Accident

December 19, 2013

This past spring, Nick O'Leary, Florida State's tight end and grandson of famous golf legend Jack Nicklaus was involved in a serious motorcycle accident. On May 2, O'Leary slammed his motorcycle into a vehicle that negligently cut him off, sliding for 75 to 100 feet with the remainder of his motorcycle smashing into the windshield of a passenger bus. According to the accident report, O'Leary luckily walked away from the accident with only non-life threatening injuries. Undoubtedly, it is surprising that O'Leary survived the accident, given photos of the accident depicting a motorcycle that is barely recognizable.

While O'Leary's life was thankfully spared, some people aren't so lucky. According to statistics from the Centers for Disease Control and Prevention, between 2001 and 2008, over 34,000 people in the U.S. were killed in a motorcycle crash, with approximately 1.2 million others sustaining non-fatal injuries. In fact, our Miami motorcycle accident lawyers know that motorcycle accidents are on the rise, with a 55% increase in crashes from 2001. With these startling facts in mind, it is important to realize that safety is key to preventing these serious and sometimes fatal motorcycle accidents. Consider the following tips:

1. Wear a Department of Transportation (DOT) approved helmet and protective gear. Wearing a DOT-approved helmet is an extremely easy yet life-saving step you can take to protect yourself. These helmets are made in accordance with certain safety standards set by the DOT. Also be sure to purchase a helmet that fits you properly. Helmets come in all shapes and sizes and as such, it is key to have one that is right for your size. In addition to wearing a helmet, it is also important to wear protective gear such as leather clothing that can protect you from the sun and help reduce injuries should you fall from your bike. While you may wonder why many motorcyclists will wear heavy leather gear on a hot Florida day, it is mainly for the purpose of keeping themselves safe and protected from the elements.

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South Florida's Elderly Population Most Vulnerable To Pedestrian Accidents

December 17, 2013

As of 2011, the Miami/Fort Lauderdale/Pompano region of Florida was named as the fourth most dangerous metropolitan area in the nation for pedestrians to move about, according to Transportation for America. South Florida has a large elderly population, and Miami-Dade County has the largest amount of elder pedestrian with vehicle accidents in the state. Our Miami personal injury lawyers understand that efforts have been made to make South Florida safer for our elderly population, but such efforts have not proven to be successful.

As people grow older, their ability to move, see and hear becomes a limitation on their activities of daily life. The elderly feel healthier in today's world than they did ten, twenty or even thirty years ago, so many of these individuals are choosing to live in their own homes as opposed to assisted living facilities. While assisted living facilities offer care in helping the elderly walk down the street to the market, or for simple exercise, many elderly individuals living in their own homes do not have this luxury.

What Can Be Done To Limit Elderly Pedestrian Accidents

There are a variety of safety measures that can be taken in South Florida to help prevent our elderly population from suffering significant injuries and even death from accidents, whether they are hit by a cyclist, or by a motorist. The measures listed below, if followed, could be a step in the right direction in preventing tragic, unnecessary injuries and deaths.

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Identity Theft Insurance - Florida Ranks Highest In Country for Identity Thefts

December 11, 2013

Most people know what basic types of insurance are available to consumers. Car insurance, flood insurance, hurricane insurance, health insurance, life insurance, and long term care insurance are widely known. However, many people are not aware that identity theft insurance is yet another way to insure against potential harm. In Florida, identity theft is rampant, ranking higher than any other state.

To combat the wrongful intrusion on the privacy of Florida citizens, insurance companies have become clever. They are now offering identity theft insurance coverage. It is astounding that 1 in 23 Americans are affected by identity theft. If your identity is stolen and you file a claim with your homeowner's insurance company, our Miami insurance claim lawyers know you may be able to receive the amount of money stolen up to a certain limit, depending on your policy, lost wages in addition to the processing fees for forms and mailings that are required to get your life back on track without having to pay a deductible.

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