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Car accidents can lead to a variety of serious injuries that could lead to chronic conditions.  One potential condition is known as fibromyalgia.  Few people fully the condition of fibromyalgia, even though it is believed to affect millions of Americans.  Most fibromyalgia sufferers are women, though researchers do not fully understand why this is.  Fibromyalgia can be a debilitating condition, impacting nearly every aspect of the sufferer’s life.  The constant pain and fatigue makes it difficult for many sufferers to maintain their employment, friendships, and family life.

At Greenberg, Stone & Urbano, our car accident lawyers understand the considerable suffering experienced by those with fibromyalgia.  We also understand that much is misunderstood about this disorder and numerous misconceptions exist.  Studies show that those involved in an automobile accident have a chance of going on to develop fibromyalgia.  Continue reading →

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Under Florida premises liability law, Florida property owners have a duty to maintain their property in reasonably safe condition.  Our personal injury lawyers have found despite this duty, individuals become injured on the property of others every day.  At times, these injuries are the result of pure accident, but other times accidents occur due to a dangerous condition existing on the property.  Falls that occur due to dangerous conditions are known as “slip and falls.”  Slip and falls can occur nearly anywhere in Florida, but some common locations include grocery stores, parking lots, sidewalks, retail stores, hotels, nursing homes, pool areas, and more.

Property owners in Florida can be held liable for injuries sustained by others on their property if the slip and fall accident victim can prove several factors.  Florida Statute 768.0755 requires that an injured person prove the business establishment had actual or constructive knowledge of the dangerous condition that lead to their fall and should have taken action to correct it.  Constructive knowledge can be proven with a showing that:

  • The dangerous condition existed for a sufficient period of time that the business establishment should have known; or
  • The condition regularly occurred and was foreseeable.

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Broken bones are common injuries in car accidents due to the force of the collision.  Nearly any bone in the body can become injured in the event of a serious crash.  Fractures can be excruciating and may require surgery, potentially leading to long recovery times and complications.  Any car accident victim who has sustained a broken bone will require immediate treatment in order to ensure proper healing.  These accident victims may also be eligible to seek compensation for their broken bone injuries from the at-fault driver responsible for the accident.

At Greenberg, Stone & Urbano, our Miami personal injury lawyers understand how painful and devastating broken bones can be.  Car accident victims with fractures or breaks may find themselves unable to return to work and perform daily living tasks for some time following the accident.  Our Miami car accident lawyers diligently fight for our injured car accident clients to obtain compensation for their losses stemming from the accident. Continue reading →

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There are about 170,000 car crashes a year that involve pregnant women. When motor vehicle accidents result in serious consequences to the baby, the lack of a seatbelt typically plays a substantial factor approximately 62 percent of the time.  Proper seatbelt use by women who are pregnant could result in prevention of 84 percent of disabling injuries and deaths to fetuses involved in auto collisions.  These statistics were gleaned from a study conducted by the Department of Obstetrics and Gynecology at the University of Michigan Health System.

This study conducted by Dr. Mark Pearlman was designed to dispel the myth that women who are pregnant should not wear seat belts.  Approximately 370 fetuses per year are killed in motor vehicle accidents in the U.S.  The study conducted by Dr. Pearlman was intended to challenge the claim by some that seat belt use actually results in an increase in the number of fetal deaths in car accidents. Continue reading →

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Skateboards are often considered toys, but a fair amount of skill and athleticism is needed to ride them safely.  This form of recreation can serve as a great source of enjoyment and help children increase their agility, balance, coordination, and sense of self-esteem.  However, when children ride skateboards without a focus on safety, riders can suffer serious injuries, such as a traumatic head injury or even death

The U.S. Consumer Product Safety Commission (CPSC) reports that more than 300,000 skateboard accident victims are treated in hospital emergency rooms for skateboarding-related injuries on an annual basis.  Many of these skateboard injuries are a result of the defective design or manufacture of skateboards or inadequate warnings and instructions regarding the proper age and skill necessary to safely use skateboards.  Two of every five skateboard injuries involve a borrowed board where the rider often lacks experience and/or adequate adult supervision.  Almost half of all skateboard injuries involve children between the ages of 10-14.  Over one-third of injured riders are not wearing any protective equipment like a helmet to protect their head.  Traumatic brain injuries due to colliding with vehicles can lead to fatal skateboarding accidents. Continue reading →

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Our Miami personal injury attorneys are repeatedly reminded that kids are at the greatest risk of being involved in a pedestrian accident.  While all Florida car accidents pose a serious risk of harming children, pedestrian accidents are a particular threat because of the limits of children’s experience and ability to assess traffic-related risks.  Many child pedestrian accidents occur because children are less attentive, but recent research suggests that even attentive children are prone to step into the path of traffic.  Our compassionate child pedestrian accident lawyers recognize that nothing is equivalent to the pain and anguish that results from serious injury or the death of one’s child.

A recent study reveals that primary school age children cannot accurately judge the rate of traffic moving over twenty miles per hour.  The researchers analyzed the visual acuity of a hundred primary school age children and evaluated the speed of approaching vehicles that primary school age children could detect.  The study revealed that adults can reliably estimate vehicle speed up to fifty miles per hour.  However, children’s estimates of the speed of an approaching vehicle become inaccurate at speeds of over twenty miles per hour if the vehicle is five seconds away. Continue reading →

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Employees injured in a workplace accident generally must rely on the worker’s compensation system as the exclusive remedy against their employer.  Although worker’s compensation benefits provide an efficient avenue for obtaining wage replacement and free medical care, the amount of compensation typically falls short of a civil lawsuit which permits access to compensation for pain and suffering, emotional distress, and other types of damages.  While an injured employee can seek damages in a personal injury lawsuit against a third party in Florida, the level of negligent conduct must be more egregious than in a personal injury lawsuit unrelated to a workplace accident or illness.

In Villalta v. Cornn International Inc., the court considered the level of negligence that must be established for a subcontractor (other than the employer of the injury victim) to be subject to third party liability.  The estate of a deceased worker sued a HVAC subcontractor seeking damages after the decedent fell from a scaffolding.  The decedent worked for a subcontractor hired to install drywall when he fell from a scaffolding that collapsed.  The HCAC subcontractor failed to cover a cut-out.  Safety standards mandated that coverings be fastened to the floor and painted to warn of the danger.  A wheel of the scaffold dropped into the cut out and caused the scaffolding to topple. Continue reading →

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While many people assume that a permanent brain injury is an obscure event that only happens to other people, statistical research reveals this debilitating form of injury is far too common.  Data from the Centers for Disease Control and Prevention indicates that head injuries constitute the leading cause of death in young adults and children.  Further, head injuries account for 44 percent of all injury-related deaths in the U.S.  Over 1.5 million Americans sustain head injuries every year with 80,000 of those injuries resulting in irreversible damage.

The leading cause of traumatic brain injuries is auto accidents followed closely by bicycle or motorcycle accidents, falls, and sports-related accidents. After a person has sustained a traumatic brain injury in an accident, it is not always immediately apparent how extensive the damage really is until some time has elapsed, and medical tests and evaluations have been conducted.  The outside of the head may look fairly normal and mask serious internal damage.  Nonetheless, the brain may have extensive internal bleeding or the skull might be fractured. Continue reading →

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People typically assume that elevators are safe and that serious injuries from lift accidents are rare events.  While it might be tempting to assume that malfunctioning elevators do not exist outside the world of Hollywood movies.  Elevator accidents cause injury to over 11,000 people in a typical year according to data from the Consumer Product Safety Commission (CPSC).  These accidents typically result from the defective manufacture or design of an elevator or inadequate maintenance by the property owner or private maintenance company.  If you suffer injury in a Florida elevator accident, you may be entitled to compensation from the elevator manufacturer, the property owner and/or the elevator maintenance company.

Our experienced personal injury lawyers have been collectively representing those seriously injured throughout Florida for over 130 years.  If you are involved in an elevator accident, our experienced lawyers fight to obtain the best possible outcome for our clients.  We carefully investigate elevator accidents to determine the cause and all potentially responsible parties, so we can build the most persuasive case possible. Continue reading →

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Many motorists injured in motor vehicle crashes presume that they cannot prevail in a personal injury lawsuit because the investigating police officer has determined that the injury victim was at-fault.  While police officers are trained in analyzing crashes, law enforcement officers do make mistakes and draw improper inferences, especially when they possess inaccurate or incomplete information.  If you are injured in a traffic collisions, you should seek legal advice despite the conclusions of the investigating officer because an experienced motorcycle accident lawyer might have a different perspective.  Further, the evidentiary impact of such conclusions are limited under Florida law as evidenced by the Florida 5th DCA case, Diaz v. FedEx Freight East, Inc.

In Diaz, the personal representative of the decedent’s estate brought a wrongful death action against FedEx after a motorcyclist was killed in a collision with a tractor-trailer driven by the defendant.  The plaintiff alleged that the truck driver crossed the motorcyclist lane while executing a left-hand turn.  The maneuver involved moving across two lanes of traffic traveling in the opposite direction including the motorcyclist’s lane.  The truck had crossed one of the lanes and come to a complete stop in the median because of an interruption in the flow of traffic.  The decedent slammed his motorcycle into the side of the big-rig.  Evidence revealed that the decedent’s speed was approximately 59 to 79 miles per hour when the crash occurred though the speed limit was only 45 miles per hour.  The evidence also revealed the motorcyclists could have avoided the accident had he been obeying the speed limit. Continue reading →

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