Florida Car Accident Lawyers Blog

We receive a lot of calls from our clients and potential clients on this topic. We get a lot of email inquiries as well. This is a particularly difficult topic, but we felt that some explanation on our blog would be helpful. Please read this and future articles, but don't hesitate to call for a more detailed and thorough analysis. First of all, medical malpractice is a subset of tort law. O.K., what is tort law you ask? It is the legalese term that describes personal injury cases based either in negligence or intentional acts such as a battery (hitting someone purposefully). If you fail to pay attention to a traffic signal and rear end someone in you car, that's negligence. If you take your taser in your office and zap someone then that is an intentional tort. Either way, you need an experienced personal injury lawyer to collect damages for you.

Medical malpractice may be a part of the overall tort or personal injury field of law, but it has a lot of its own rules and some serious pitfalls. First of all, not every bad medical result is an example of medical malpractice. Unfortunately, bad results happen even with the best care from the best doctors and in the best of hospitals. We are human beings and not every treatment or technique works. Sometimes a risk or complication takes place and those are not necessarily an example of malpractice.

Medical malpractice is a deviation or falling below the applicable standard of care by a physician, nurse, or hospital. Medical practitioners have standards of care that set or determine the appropriate type of diagnosis or treatment for a given medical condition; disease or injury. It varies greatly depending on the type of medical field and the medical situation. There are standards for podiatrists in how they address a foot injury, standards for orthopedists in how they handle a knee or shoulder injury. There are standards for urologists in dealing with a urinary tract infection. Standards exist for cardiologists, general practitioners, oncologists, etc., etc. These standards are not simple hard and fast rules. They are more like general guidelines and there is usually a fair amount of gray area interpretation on exactly what constitutes a standard and even more debate on what exactly is a deviation from the standard of care.

In order to proceed in a potential medical malpractice, you need to first consult with an experienced attorney who can evaluate the medical history of the patient, examine carefully the records of the diagnostic studies that were or were not performed and the treatment records. The next step is for the medical malpractice lawyer to have a neutral an independent physician examine the records. That physician has to have training and qualifications similar to the potential defendant. In medical malpractice cases before you can file a lawsuit or even send out a demand letter to try and settle a potential case, you first have to have a very detailed affidavit signed by an expert physician. Those affidavits cost a lot of money because the expert witness has to pour over hundreds and sometimes thousands of pages of medical records and he or she has to be willing to testify against the potential defendant. Fortunately for all of us, medical malpractice is a very rare occurrence. Our physicians are extremely well trained and dedicated to "doing the right thing" and treating their patients with great care. If, however, a question arises as to whether medical malpractice has taken place, the first step is to immediately contact an experienced medical malpractice lawyer.

In a personal injury case; especially in a car accident case; there seem to be a lot of differing opinions as to what kind of doctor you should see for treatment. Also, there are a lot of people that have strong opinions pro and con as to both specialties. Almost everyone will be giving you advice. When people hear that you had a motor vehicle accident, they will naturally try to give you advice. You should of course politely listen to your neighbor, your aunt, your co-workers, the guy behind the counter at your favorite coffee shop, etc., etc. And then, you should do a little research and form your own opinion.

The purpose of this article is to give you a little baseline information to help you determine what is best for you. First of all, a chiropractor and an orthopedist share similar professional interests. They both deal in accident cases involving trauma to the musculoskeletal system. Neither deals with urinary problems, skin disorders, cancer, or cardiac disease. They both handle injuries arising from a car accident, a slip and fall, premises liability, etc.

Orthopedists (also spelled orthopaedists) are medical doctors who have completed a four year college program, then earned a four year +/- medical school degree, and then completed an internship and a residency in a teaching hospital for their specialized training. They treat spinal injuries (cervical/neck, thoracic/mid-back, and lumbar/low back) as well as all of the other joints and bones in the body. They have sub-specialties in hand injuries, spinal injuries, leg/lower extremity injuries, hips, knees, etc. Orthopedists perform surgery and can prescribe medication. Sounds impressive? Well, it is!

However, orthopedists can only afford to spend a very short time with their patients because of the nature of their practice. Once diagnosis is performed (figuring out what your problem is), most orthopedists will prescribe medication, therapy, or surgery. Chiropractors, on the other hand, will usually spend a lot more time with the patient. They do something orthopedists don't; they will directly render physical therapies to the patient. They do not simply issue a prescription for therapy and send you on your way, hoping that the therapist does what is prescribed and does it well. The chiropractor will perform adjustments and directly render physical therapy to you themselves.

Chiropractors are also Doctors! They have a four year college degree and three to four years after that to secure their Doctoral degree in Chiropractic. Plus, they have internships and post doctoral programs as well. While the men and women who have become Chiropractors have devoted their lives and careers to treating physical injuries may not be able to prescribe medication, they instead give their patients extraordinary relief from pain by providing hands on healthcare.

If you sustained a broken bone or need a surgery for a damaged joint, then you need an Orthopedist. If you have back, shoulder, neck, or related spinal injuries, then both fields offer benefits to injured patients. In our practice, we limit ourselves to injury cases and we often are asked these types of questions. Our philosophy is to make sure that our clients receive the best of care and each case is different. Because we have been representing the injured in South Florida during four decades, we are well acquainted with many Orthopedists and Chiropractors. An experienced personal injury lawyer can guide you in these matters. We cannot practice medicine, of course, but we can make sure that you get the care and treatment that you need!

O.K., you just had a car accident. Great! What a way to start the day! You are already late for (work, school, breakfast). Should you call the police? The short answer is a resounding, "Yes!" You need to know why and how to handle it. First of all, check on any injuries that you or your passengers may have. Then call the police. Be patient. The "911" operators are often overworked. The police are also overworked and are often busy on another call. Be sure to tell them where you are located and what vehicle you are in. You will later need to document the accident and the best way to do that is to have a police report. Plus, they can give the other driver a traffic ticket if the accident scene and/or the witnesses make it clear that the other driver was at fault in causing the accident. If you or someone else in the accident is in serious pain, ask the 911 operator for an ambulance. The police, upon their arrival, may also call for an ambulance. Please see our earlier article on going to the hospital.

If you are sufficiently O.K. (shaken up, but not very injured), you might want to check on the people in the other vehicle. Remember what they say and get their information. Try to get the names, telephone numbers, and any other information you can from any witnesses. An independent witness can be very helpful in the long run. People will occasionally come up to check on you. Get their names and telephone number as they may or may not stick around to talk to the police officer. Give the police officer the information on any witness and ask them to stay to at least have a brief discussion with the investigating officer.

Get pictures. Use your cell phone if that is all that you have and get pictures of your car, the other car, and the scene. At the very least, get pictures of the other car and yours to show how the motor vehicle accident happened and the extent of the impact. The property damage is an important component in your personal injury case. You want to get your car fixed, of course, but the property damage to the vehicles in the accident is evidence of the severity of the impact. That will be important in proving your case later on.

When the police officer arrives, have your driver's license, registration, and insurance card already available. Speak politely and clearly to the investigating officer. Screaming at the police officer or the other driver does not win points! Clearly describe how the accident took place. Make sure that the officer has your correct information and the identity of any one in your vehicle. It is far easier to have the police officer take down your passenger's information at the scene rather than having to go to the station to amend and supplement the report. Be sure to ask for the case number. Some road patrol cars are equipped with printers and they can give you either a report or a printed driver exchange of information. At least, get the case number. We can always get the complete police report, but it is helpful if you can get the case number. The next thing you need to do is decide if you are going to a hospital (see our earlier article) and then call an experienced attorney regarding your personal injury case.

Some law firms spend a lot of time, money, and their energies advertising on television. It is very expensive and that should be the first hint to a consumer of legal services that they should be wary. Traditionally, neither lawyers nor doctors ever advertised on television. There is nothing inherently wrong with television ads, but when you make a decision to select a lawyer to hep you through legal minefields, you need to know that those firms that spend hundreds of thousands of dollars (some spend millions) on advertising have to get the money from somewhere! That leaves less money to devote to client's needs. That means less flexibility in handling the fees or costs on their cases. That means that those firms have a much bigger "nut to crack" and must devote their resources to their ad budget.

Plus, the television ads overly simplify the legal realities. You simply can not learn all of the pros and cons of your case, develop a legal strategy, and understand the situation based on a 30 second or even 60 second blurb about how everything will be wonderful if you just hire the firm with the attractive spokesperson and the cool graphics. We all would like life, claims, and litigation to be that simple. Unfortunately, they are not that simple. You need a litigation lawyer who knows the courts and will work with you on a personal basis.

When selecting an attorney to represent you in your personal injury case, ask about their credentials. Ask how many cases they have handled that are similar to yours. Ask if there is any conflict of interest. Have they ever represented the defendant or the defendant's insurance company. Ask if they are going to be the attorney representing your legal interests or just a business manager running a fleet of paralegals. Be sure to actually meet with your attorney and get to know them. There is nothing wrong with using a paralegal as an assistant to your attorney. There is nothing wrong with meeting with meeting with a paralegal for some purposes, but you should know your attorney, meet with your attorney, and make sure that they are devoted to your legal needs and not to their ad budget.

Ask your friends, family members, and neighbors who they used for their attorney. How satisfied were they? Were they treated with care and dignity? Check into those attorneys and make the decision that is the best and the most comfortable for you.

It is March and we've noticed a lot more small boats on the intracoastal (intercoastal). One of the benefits of having one of our offices on the water in Lauderdale-By-The-Sea is watching the boats go by; from mega-yachts to very small pleasure craft. Boats also dock outside of our office on the nearby dock/seawall. Of course, we don't have the time to sit and watch! We treat our clients like guests when they come in for a meeting and they certainly enjoy the view.

One of the great benefits of living or having a vacation in Florida is the opportunity to go boating and we have some of the best waters in the world. Water skiing, fishing, sailing, diving, swimming, and just enjoying the sun while on the water is great fun! Unfortunately, accidents and injuries can and do happen. Please learn the "rules of the road" on our waterways and carefully operate your boat. An accident can just as easily happen on the water as on a highway.

Today, with power boats getting larger engines and more of them, speeds are increasing and the risk or serious injury increases proportionately. A typical outboard motor's horsepower just a few years ago used to be in the 30's to 70's. Mercury, Johnson, Yamaha, Honda and others are now making outboards in the 100's to 300 horsepower range. You see fishing and other boats now with multiple outboard motors. Just be careful in the operation of your vessel; whether it is a small boat or a large yacht, power or sail; and if an accident should happen you may very well be entitled to compensation for your injuries.

Unfortunately, drunk "driving" or operation of a motor boat does happen in Florida and these accidents have caused fatal and other serious injuries. Someone else's negligent operation of a boat can really ruin your fun day or a fun vacation. Please have a great time boating, be careful, follow the rules of safe boating, and contact our offices should someone cause you or your loved ones any harm.

Well, you had a car accident. It happens! Now, you are sitting at your computer or your mobile devices and reading this blog. Your accident already happened. The ticket was either issued or not, so why bother reading this? It is important because you may be able to do some damage control if necessary, important to understand what did happen, and this is very important if you get into an accident in the future. It is important for your friends and family members to know this as well.

The investigating police officer (Sheriff's Officer, Policeman, Policewoman, or Community Service Aide) has multiple responsibilities when responding to an automobile accident. They first have to find out if anyone is injured and call for an ambulance or Emergency Medical Services (EMS) if needed. They then have to look out for the safety of other motorists and if the accident is blocking traffic or creating a hazard, it has to be cleared, traffic has to be detoured, and the hope is that the accident doesn't cause more accidents. Then, the officer's next priority is to make sure that the driver's and passengers in the accident are identified, that their information and the vehicles' information is recorded in an official police report. Part of that process involves figuring out who was at fault in the accident and documenting as well as possible what had happened.

That involves talking to the drivers, the passengers, and any neutral witnesses. Also, the position of the cars and where the damage is located on the cars has to be considered. Most police officers put the at fault driver in Section #1 of the report. If the officer is confident based on the testimony of the people involved and the physical evidence that one driver was clearly at fault, they usually get a ticket (traffic citation). That ticket is not proof of liability in a personal injury case (some exceptions can occur), but it usually helps convince the defense adjuster that they should pay on the claim. While that ticket or citation isn't the final word on liability it is very helpful! If you were injured in a vehicle accident in Florida due to the negligence of the other driver, be polite to the officer, but come right out and ask them to give the other driver a traffic citation. Remember, always be polite to the police officer and get a case number from them before you leave. Some officers can give you a Driver Exchange of Information then and there and others will give you a card with a case number on it. Don't lose the information! It will be extremely helpful in letting your attorney hunt down the parties responsible to pay for your personal injury case.

There is so much conflicting information regarding car accident cases. There are firms that advertise constantly, but then they have so much advertising expenses that they cannot give the personal service to clients that they need. Those firms try to tell you your rights and make outrageous promises in thirty seconds. Then there are firms that have been taking care of their clients for decades and guide them through the process and keep them fully informed. Our philosophy is simple. We don't want anyone to have an accident. Talk about bad karma! But, if an accident does take place, then you need to know what to do.

Knowing who to talk to and when; giving a statement; can make quite a difference in the ultimate outcome of your case. First of all, call the police. Don't just exchange information with the other driver. Call the police and be sure to talk to the officer in a rational manner and do not get obnoxious or argumentative. Tell the officer what happened. Be sure to give the officer the names and information of anyone who was in your vehicle. Try to listen to any discussions the other driver (or passengers) have with the police, but if you are told to wait by your car, then do that. If the other driver apologizes or otherwise admits fault, be sure to write it down and remember it!

Go to the nearest hospital emergency room (ER) if you are seriously injured and be sure to tell everyone there ALL of your symptoms/injuries. At that stage, you do not know which ones are serious so it is best to document everything. If you are injured (stiff, sore, in pain, limited in range of motion, etc.) then go to your own orthopedist or chiropractor. Again, advise them of all of your symptoms and injuries. Call your lawyer! Make sure you have legal protection. Remember, attorneys that have decades of experience in personal injury cases can help you maximize your physical recovery and your financial recovery.

You need to also call your own insurance company to alert them to the accident. Give them just general information. Try not to give them a formal recorded statement or something called an EUO (Examination Under Oath) without first having retained a lawyer. Get a lawyer first.

Now, you may get calls from the adjuster for the other driver's insurance company. You may get letters that push you to call them. They can be very pushy! Let your lawyer handle communications with the defendant's insurance company and guide you through the process. Remember, the adjuster works for a company that keeps what money they don't have to pay out on claims. They might be very polite, very friendly, but there job is to find some excuse to either not pay you on your claim or minimize your claim. That is their job! Get experienced legal counsel very early in the case to protect you from the beginning and avoid such pitfalls as giving too much information (or the wrong information) to an adjuster.

There is a lot of misinformation out there regarding slip and fall cases. We want you to be properly informed. You should know how the law works so that you can protect your rights. If you have any questions about whether you have a viable (potentially successful) case, then you should immediately consult with experienced legal counsel. An experienced attorney in negligence cases also generally handle slip and fall cases; also known as Slip & Fall of S/F cases.

Merely falling on someone's property (or premises) does not create a case where you can sue for damages. They may not have known about the hazard! Also, not every premises liability case involves a slip or a fall. Generally, when you are lawfully on the property of another, you are entitled to reasonably safe use of those premises. When you shop at a local supermarket, when you get gas at the corner gas station, when you take a walk through the mall, you are entitled to safe conditions. At your favorite restaurant, there should not be a hazard to ruin your evening!

First of all, in order to have a potentially successful case, you need to show that the property owner or occupier (renter) was negligent; that they had a duty to keep you safe and they breached it or failed to fulfill that duty. Then you have to be able to prove that the negligence is the legal cause (proximate cause) of your damages. If you can't show the four components or elements; (1.) duty, (2.) breach, (3.) causation, and (4.) damages; then there is no case. Each of these four elements has to be proven and you will need a lawyer experienced in these cases. Often, we have had to retain experts to prove up the case such as licensed engineers, general contractors, architects, and others.

These experts are hand picked because of their professional degrees and licenses as well as their honesty and integrity in their fields of expertise. It takes a thorough evaluation by an experienced attorney to see if you can prove all four of the components of your case and what expert may be needed.

If you should fall on someone's premises, be sure to note what you fell on, or slipped on. If there was a liquid on the floor, try to figure out what the liquid is. If there was a defect in the ground or floor, take note of what caused you to fall. You will be asked about it! Try to get the names of any witnesses and don't sign a release or other document without talking to your lawyer! Take pictures of what caused your fall. Most people today will not leave their home without a cell phone and most cell phones have a camera built in. They may not give you the best pictures, but you are there! Take the picture, get the names and numbers of any witnesses, tell the management at the restaurant or other business where you fell (don't sign a release!), go to your doctor, and call your lawyer!

We can't tell you how many times we have talked to our clients and asked them what kind of auto insurance they have and got an answer like, "I've got full coverage!" We also contact defendants (the at fault party) and are told, "We've got full coverage!" Well, what is this full coverage and does it cover you (or anybody) fully?

Full coverage is a misnomer and we suggest you carefully review your policy. It usually just means "fully compliant" with the state minimums. And that, is not full coverage. Most people are unfortunately poorly informed about the realities of automobile insurance. Television commercials depicting a rather perky brunette, an animated super sleuth, or a charming little British sounding lizard are entertaining, but not informative. When in doubt, don't rely on the television. Contact a personal injury attorney ; regarding a car accident, truck accident, or motorcycle accident case.

The State of Florida minimum for cars, SUV's, and pick up trucks, is PIP and property damage liability. PIP is also known as Personal Injury Protection or No-Fault coverage. It pays for medical care up to $10,000.00. It may pay for some lost wages, but most of that money usually goes for medical care and treatment. The property damage liability pays if you damage someone else's property. It does not pay to fix your car, however. You may ask; if that is full coverage, then what about fixing your car, money for pain and suffering, money for future medical bills, etc., etc.

What the cute little lizard and others may fail to tell you as you save those few premium dollars is that you are giving up incredibly important benefits. Some of these are:

1.) Bodily Injury Liability: protects you and your property (assets) if you are at fault.
2.) Comprehensive & Collision: pays to fix your vehicle regardless of who is at fault and whether or not the car that hit you even has insurance.
3.) Med-Pay (Medical Payments): pays for your medical care over and above the $10,000.00 PIP monies. Very useful in any serious accident.
4.) UM/UIM (Uninsured Motorist / Underinsured Motorists): pays for your bodily injury claim; pain and suffering, economic losses, and future medical bills, etc.; where the defendant (the at fault party) has no insurance or substandard insurance.

We recommend shopping around with various insurance companies for the best rates and don't just call the ones that advertise a lot. Determine what you can reasonably afford. Secure the best policy that you can for your money; including the coverages listed above. Try hard to get some Uninsured Motorists (UM) coverage because unfortunately there are a lot of drivers in Florida without auto insurance, so you need to protect yourself from them.

Remember, full coverage is not what they tell you in the marketing brochures or on television. Do not give up valuable benefits needlessly and consult with legal counsel when you are uncertain about what insurance you may need.

Our legal system in all 50 States provides that an injured person has access to the Courts to seek compensation from the person or company that caused the injury. That is, provided that the injured person (called a Plaintiff) can prove that:

(1.) The Defendant had a duty or responsibility to do or not do something.
(2.) The Defendant failed in their duty or responsibility.
(3.) That failure resulted in (caused) something to happen to the Plaintiff.
(4.) And that "something" was damages!

A classic example would be a slip and fall at your favorite store or restaurant. (1.) The property owner has a duty to you as the customer to make sure that their property is safe for you to come in and eat or shop. (2.) They would breach that duty (fail to fulfill it) if they had a hole in their floor that was just covered up by a piece of carpet to hide it. (3.) This hidden hole or depression in the floor causes you to fall. (4.) This results then in damages; ambulance and hospital bills, treating doctor bills, lost time from work, a demotion at work because you were not there when they needed you, and pain and suffering as well.

Each of these four components; also known as elements; have to be separately proven and they each have a number of complex sometimes tricky details to them. We analyze every case that we have handled in the past few decades to prove up all of these four components. Sometimes it takes the hiring of an accident reconstruction expert, an engineer, a scientist, or other expert to prove up the first two components. We work with experts in many fields to accomplish that critical goal.

The third component, causation, is not as easy as it sounds. What if you have a pre-existing orthopedic injury? You can not then say that the accident caused the injury. It was there before the accident! We have often had to hire or consult with physicians of every specialty to get testimony that shows either that the condition was not actually pre-existing or that it was in some way aggravated (made worse) by the accident.

Finally, we would then get to the fourth component, that being damages. Damages are proven often by the testimony of physicians such as orthopedists, neurologists, and neurosurgeons. But, it does not stop there! We use also the services of economists to show loss of past income and reduced potential to earn monies in the future. There are also less tangible elements of damages, but they are no less important. The loss of the ability to do a favorite hobby or sport can be very important. And, of course, experiencing pain and suffering is a critical part of a personal injury case.

We want you as our client to fully understand the process of handling a personal injury case aggressively and properly. Yes, we are the experienced trial attorneys, but we know it is your life and health that is at stake! We understand that this is a difficult and scary time in your life and we work to not only advocate on your behalf as against the defendants and their insurance companies, but we also counsel and advise you and your family to help put your life back together.

Have you watched television in the last few years? Have you noticed an incredible amount of commercials pitching lawyers; talking about a car accident, a hip replacement, a bad drug, etc., etc. Well, there is nothing particularly unethical about advertising on TV, but it doesn't exactly inform you. Thirty seconds (+/-) is not enough time to explain anything important and if you have a potential case; it is important! We purposefully do not advertise on television. We would rather devote our resources to helping our clients (you if you need us) to get help with their medical care and get as good a financial recovery as possible. Plus, we do not have a multi-million dollar advertising budget and we can afford, instead, to give our clients much more personal service. Our decades of cases do not come from television or billboards painted on the back of a bus, but from satisfied clients, their family members, doctors, and other lawyers. They know how we care for our clients.

Now, what exactly is a personal injury case? They can be categorized by type of accident and we will discuss those in this article. Another valid way to categorize them would be by types of injury and examples would be a head injury, a fracture, an amputation, or a spinal cord injury. Those will be discussed in a later article. There are a great many different types of cases. They do have common components (or elements), but these cases can be quite varied.

Most people are well aware of car accidents, but there are also motorcycle accidents, truck accidents, train accidents, plane accidents and, believe it or not, bicycle accidents. There are special legal details about each kind. For example, plane and train accidents usually involve major companies; some of which have special procedural steps that are necessary to know in order to protect the injured client. Trucks usually have special Department of Transportation rules. And, motorcycles do not have to have the same insurance as cars and trucks, but they have other insurance requirements. The list goes on.

Plus, there are slip and fall cases, product liability cases, medical malpractice cases, and other premises liability cases. In all of these circumstances, the injured party (you, perhaps) is injured due to the negligence of the defendant. We are well equipped to prove that the defendant was negligent (failed in their duty to you somehow) and that was the cause of your damages (the injury). Then, it gets complex! In a car accident, it is clear that the defendant driver has a duty to maintain control of their vehicle (stop at red lights, for example) and if they fail to do that, they breached or failed in their duty. That is the essence of negligence; the failure to fulfill a duty or a responsibility. However, you also have to prove that the negligence was the legal cause of the damages. Causation can be tricky. You can not just say that an injury or medical condition that was in existence just before the accident was "caused" by the most recent car accident. We help prove that the damages were caused or at least aggravated by the recent accident. Then, there is the issue of damages. It is not just the injury itself. We have decades of experience in representing the injured and we know that damages include not just pain and suffering, but also past medical bills, future medical bills, the loss of enjoyment of life, wage losses to date and reduced earning capacity in the future. We want all of our clients to get the best possible medical care to get well, of course, and to also document their injuries and limitations so as to justify as large a financial recovery as possible.

We will be posting a lot more articles discussing and expanding on these topics, so please do check back with us on this blog.