South Florida Personal Injury Attorneys
| Gary T. Lazarus | 0 Comments | Personal Injury Lawsuits | , ,

Time is of the Essence – The Importance of Timing in Personal Injury Cases

South Florida Personal Injury Attorneys

The phrase “time is of the esssence” is often included in legal contracts and it basically means that participants in the agreement must adhere to the deadlines for performance of specific duties. For example, if you sign a document to purchase a house there will likely be a date for closing and you will have to deliver the money for the purchase by that date. If you don’t you may lose your deposit and possibly be sued for the full purchase price.

When you buy insurance for your vehicle and a policy is issued you should read it baecause there are likely several references to timing and they should not be ignored. For example this is from an actual auto insurance policy: “Benefits will be paid only while the insured person is alive and only if the disability commences within 20 days of the accident and…..”

After an auto, motorcycle, or truck accident many injury victims are anxious to settle and recover monetary damages as soon as possible. They may be in a financial bind due to their inability to work or because of medical bills and there is an urge to rush into a settlement. In cases like this it’s often best to seek legal advice and remain patient.

Insurance companies will sometimes reach out to an injured person and offer a check but a qualified and experienced personal injury attorney can guide people to a conclusion that may, in the end, be far more substantial.

These are guidelines to consider after being involved in an accident:

  • Dont communicate with any insurance company without first consulting with an attorney.
  • Do not accept an offer or sign documents without asking advice from an attorney.
  • Do not give a recorded statement to an insurance company or anyone else.
  • Don’t post things on social media about your accident.

It’s also important to be aware of several Statutes of Limitations regarding personal injury and medical malpractice cases. An attorney can make sure these important laws are adhered to.

Remember that personal injury attorneys usually do not charge anything until your case is concluded. We work hard to protect your legal rights and always do everything possible to make sure you receive the maximum monetary compensation for your injuries, property damages, and pain and suffering.

Questions? We are available to speak with victimes of accidents 7 days a week at (954) 356-0006.

Whiplash Injuries South Florida
| Arleen Lazarus | 0 Comments | Whiplash Injuries | , , ,

What is Whiplash? Fort Lauderdale Accident Attorneys Lazarus and Lazarus

Whiplash Injury Incidences, Causes, Treatments, Long-Term Effects, and Legal Options

Each year over 2 million Americans experience whiplash. Sometime called a neck strain or sprain, whiplash cases range from mild to severe and can cause severe pain. Proper diagnosis can only be made by an experienced physician who understands how to identify and analyze the physiological evidence and then develop a plan that will lead to the best possible recovery.

Whiplash happens when soft tissue, cartilage, and/or nerves are suddenly snapped back and forth or side-to-side, most often as the result of automobile, motorcycle, or truck collisions but sometimes happens when people participate in  rough sports like boxing, football, or skiing.

According to the Mayo Clinic treatment for whiplash may range from heat or cold therapy to injections of numbing medications such as Xylocaine. Neck braces are sometimes helpful as is exercise.

Fort Lauderdale Whiplash AttorneysThe duration of whiplash symptoms and pain can last days to weeks to months and even years because each case is different. Because of these variables it is very important to have professional medical and legal help.

Every accident that involves even minor injuries should be discussed with a personal injury attorney. For some reason many people prefer to “shake it off” when they are hurt in a car crash only to regret it later when they realize their injuries are more serious than they originally thought. it is very important to be assessed by a physician as soon as possible and it’s also critical to have a thorough review of the accident’s causes and who was at fault.

The Law Firm of Lazarus and Lazarus has helped hundreds of whiplash victims in south Florida since 1992 and we have worked diligently to recover the maximum compensation for every one. Please call us 7 days a week for a free consultation at 954-356-0006.

Personal Injury Attorneys in Weston and Fort Lauderdale, Florida

 

 

 

south florida pharmacy error attorneys
| Arleen Lazarus | 0 Comments | Prescription Errors, Uncategorized | ,

How to Catch Pharmacy Errors Before They Hurt You – Fort Lauderdale Personal Injury Attorneys

South Florida Personal Injury Attorneys

Did you ever make a measurement mistake while following a recipe? A common one is to confuse teaspoon (tsp) with tablespoon (tbsp) and sometimes while making baked goods it can make a big difference in the outcome. Still, a little too much baking soda or not enough vegetable oil probably won’t cause a major health issue.

A mistake like that with prescription medication may cause serious harm or death.

We have always advocated that patients be their own watchdogs in addition to asking questions and verifying everything with their own doctors and pharmacists. Doctors, pharmacists, and pharmacy technicians are trained to be accurate, but the Food and Drug Administration estimates that 1.3 million people are injured by medication errors annually in the U.S. – Source: AARP.org

According to DrugTopics.com a pharmacist reported making a mistake that involved mixing up the dosage for a very powerful pain killer. The medicine was dispensed for an infant and the error involved a mix-up of milliliter and teaspoon measurements. It’s important to note that one milliliter is equal to 0.202884 teaspoons. This particular error could have been fatal.

Another error that has happened too many times involves a “called-in refill” where a pharmacy refills a prescription that has actually been replaced by a new medication. In one instance the patient was having adverse reactions to a medication and the doctor changed to a new one. The pharmacy refilled the old one and the patient became very ill.

Sometimes pharmacists and doctors may be unaware of a patient’s pre-existing conditions or other medications. In one case a patient that had recently undergone chemotherapy was prescribed a medication that was totallyPersonal Injury - Pharmacy Negligence inappropriate for such a situation. The patient, doctor, and pharmacist never communicated what was going on and once again there was a very bad reaction and the patient nearly died.

Communication and verification are key elements to avoid prescription medication errors and injuries. Take the time to ask your doctor what is being prescribed, why it is being prescribed, and make absolutely sure your doctor is 100% aware of every medication you are taking, even if it’s over-the-counter.

When you pick up your prescription don’t hesitate to ask the pharmacist questions. Make sure the right pills are in the right bottle and that the dose is correct. If your doctor prescribed 100 milligrams per pill of a medicine make sure you didn’t get 500 milligrams. It is your right to have a consultation with your pharmacist.

One of the most common errors patients make is forgetting to take a pill or other medication or taking it twice in one day when the directions call for only once. A daily pill counter can help with these situations. Make sure all medications are stored where children cannot get to them.

The AARP has published a helpful page online: What You Can Do to Avoid Medication Errors

Always maintain and carry with you a complete and current list of every medication you take, even if it’s aspirin or vitamins. If something happens and you are rushed to the hospital they medical professionals who treat you will need to know your situation. Also, while you can’t carry around your complete medical history, it is a good idea to write the dates of previous surgeries and major events. For example, if you had heart bypass surgery ten years earlier, the doctors in an emergency should know that.

South Florida Pharmacy Error Attorneys

Lazarus & Lazarus Law Firm has helped victims of prescription medication errors by healthcare professionals since the start of our firm in 1992. We have also helped people who have been harmed by bad drugs. If you or someone you know has received an incorrect prescription drug please reach out to us at (954) 356-0006 and we will use our experience and knowledge to investigate what happened and how.

 

Florida Personal Injury Law Firm
| Arleen Lazarus | 0 Comments | Florida Personal Injury Attorney | , , ,

You Don’t Have to be the President to be Impeached – Florida Personal Injury Attorneys Lazarus & Lazarus

Florida Personal Injury Law Firm

There is a lot of talk in the news about “impeachment” and yet many people don’t fully understand what the word means. In the case of an elected or other public official, impeach means to accuse them of official misconduct, but the word also means to challenge the credibility of a witness.

Our justice system operates with the basic principle that all participants must be truthful, and a person who provides testimony (a witness) is usually sworn in before speaking so they understand the importance of being completely honest. Any witness can be subjected to scrutiny, including their previous record to determine if their testimony is to be trusted. If an individual has a prior record of being untruthful, or has a criminal record, it’s possible a jury will be less likely to believe them.

Florida Statute 90.608 says, in part: Who may impeach. — Any party, including the party calling the witness, may attack the credibility of a witness by:
(1) Introducing statements of the witness which are inconsistent with the witness’s present testimony.

Florida Personal Injury Law Firm
Lazarus and Lazarus (954) 356-0006

In personal injury cases witnesses are often called to give testimony, including expert witnesses who are frequently called upon to offer opinions on a particular subject where they are highly experienced and educated. It is important that all witnesses be looked at closely to make sure they are offering valid, accurate, and truthful evidence.

If you are involved in an accident and you plan to represent yourself, the story you tell may be scrutinized not only on its substantive content, but on your own record. The opposing side in your case may look to “impeach” you as a witness for any number of reasons, and this is one of many reasons it is prudent to seek professional legal help when you are injured. A qualified and experienced attorney can guide you through the entire process and make every ethical effort to make sure the truth is brought to light.

If you are involved in a traffic accident it is important to be truthful right from the start, but it is also important to not offer information that is not asked for or necessary. After contacting emergency authorities it is a good idea to call an attorney who specializes in accidents. We hope you will consider our firm, working to bring justice to victims in south Florida since 1992.

The Law Firm of Lazarus and Lazarus – (954) 356-0006

 

 

Fort Lauderdale Injury Attorneys
| Arleen Lazarus | 0 Comments | Fort Lauderdale Injury Attorneys | , ,

Choosing a Lawyer for Your Injury Case – Fort Lauderdale Injury Attorneys Lazarus and Lazarus

Statistics allow us to know a lot about our world, and they can help us make decisions about our lives. For example, did you know that according to the Centers for Disease Control (CDC) life expectancy for smokers is at least 10 years shorter than for nonsmokers. Quitting smoking before the age of 40 reduces the risk of dying from smoking-related disease by about 90%. We hope we just convinced some people to quit!

You should also take care of your heart because the number one cause of death in Florida is heart disease. Eat right, exercise, and you’ll make those who love you happy by lowering your risk of heart issues.

After heart disease, cancer is the number two killer of Floridians, but most people have no idea what ranks number three. It’s unintentional injuries, and that includes traffic accidents (car, truck, motorcycle, and pedestrian) as well as industrial accidents, slips and falls, and a large number of other mishaps that injure and kill thousands of people in Florida every year. Obviously you can reduce your risks for accidents by taking reasonable safety precautions, but the truth is that anyone can be the victim of someone else’s negligence and be hurt, sometimes severely.

What do You Do When You’re Injured in Florida?

Fortunately our United States Constitution, specifically the 7th Amendment, permits citizens to seek restitution in a court of law. The first thing most people do when they are seeking justice is hire an attorney, and there are many to choose from. What do you do, where do you go, or who you going to call?

Here are some tips we suggest for everyone so they can make the best choice:

In most personal injury cases, time is of the essence, which means you’ll want to move fast. The reason for expediency is that most injury cases involve witnesses, and people’s memories are clearest immediately after an incident. It’s also important to preserve evidence in the form of photographs by other means as appropriate. Therefore, as quickly as possible make a list of three to five attorneys and set appointments with each. You’ll want to ask each attorney what kind of results to expect and you’ll want to ask about qualifications. How many injury cases have they handled? How long have they been dealing with accidents similar to yours?

It’s also important to ask what kind of results your potential attorney has achieved for other clients. What kind of statements are available online from previous clients? Will your attorney have the time to speak to you if you pick up the phone and call?

Fort Lauderdale Injury AttorneysClarify Attorney Fees. Most injury attorneys offer a free consultation, but it’s important to be crystal clear about what you may be charged for right from the start.

As with any decision, your gut feeling will play a role in your decision, but try to balance feelings and facts and then make a decision.

Fort Lauderdale Injury Attorneys – Lazarus and Lazarus

If we meet to discuss your case we want you to know that everything we discuss is completely confidential. In Florida, the attorney-client privilege is governed by Section 90.502 of the Florida Statutes. We will clearly explain what the options are for your specific situation, and we’ll tell you what to expect.

To reach our law office you should call (954) 356-0006 7 days a week. We place the highest priority on responding to calls for help so if we don’t answer, we will respond to your message immediately. If you choose another attorney we will wish you the best possible outcome.

Florida Accident Attorney
| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized | , ,

Social Media and Accident Cases

Be Very Careful After an Accident – LOL may become an OMG

You’ve been in a car accident. You’re shaken up, but fortunately you’re not hurt badly. You think the same about the people in the other car.

The next day you share the details with everyone on social media. You post pictures from the scene, your thoughts about what happened, and you even comment about the nice-looking police officer who came to the accident. It all seems harmless and kind of funny.

Florida Accident AttorneyTwo days later you get word that someone in the other car is actually injured far more seriously than you thought, and you realize it might be better if some of the things you posted on the internet remained private. Quickly you delete everything you posted and you’re all in the clear. Right?

That’s not entirely accurate.

In today’s high-tech world not only are the images and text messages you deleted still somewhere on your computer or smart-phone, they’re on your friend’s devices as well. They’re also in a place known as “the cloud” which means they are now part of a virtual world where they can be accessed by almost anyone. Forever.

Electronically stored information, or ESI, is a very significant part of almost every legal case today. Nothing is ever really deleted, and through a process known as legal discovery your pictures, emails, and text messages can be recovered and used as evidence in a court of law. There are companies that specialize in extracting ESI and they are very proficient.

Everyone has a duty and a legal responsibility to be forthcoming and to tell the truth when speaking with a police officer or when giving statements under oath. However, no one has to publish potentially damaging evidence across the internet for the whole world to see.

There are real-life examples of people who doomed their court cases and settlements because of things they posted online. Insurance companies will do everything and anything they can to avoid paying damages and they will scour the internet trying to find something incriminating related to a victim who is completely innocent of any negligence in a personal injury case.

In the time gap between an accident and your first phone call to an attorney, it’s in your best interest to remain silent.

Securing the counsel of a qualified attorney after any accident is a very prudent decision. Your attorney can advise you on your rights as well as your responsibilities pertaining not only to your injuries and/or damages, but your right to not self-incriminate.

Personal Injury Experts

These are complex areas of law, and the Law Firm of Lazarus and Lazarus is very experienced with social media as it relates to personal injury cases. Calling 954-356-0006 immediately after you are involved in any accident or personal injury incident will put you in touch with Gary and Arleen Lazarus, who have been advising victims for over 23 years.

Truck Accidents in Florida
| Gary T. Lazarus | 0 Comments | Truck Accidents, Uncategorized | , ,

Video of Tragic Miami Accident Shows Devastation Caused by Large Trucks

Investigating Truck Accident Injuries Requires Unique Proficiency and Experience

A commercial truck accident can be far more catastrophic than an accident between two personal-use vehicles. A fully loaded commercial truck can weigh at least 25 times as much as a typical car. Because of this stark weight disparity and the basic laws of physics, most big rig truck accidents with other vehicles result in serious, even fatal, injuries.

Truck Accidents in FloridaCommercial truck drivers have received special training and are generally more careful on the road than automobile drivers. In 2012, there were 3,921 people killed and 104,000 people injured in crashes involving large trucks (gross vehicle weight rating greater than 10,000 pounds).

It is important to note that of those 3,921 people killed in big-truck accidents in 2012, 697 were in the big truck and 3,224 were occupants or drivers of the other vehicles, or pedestrians. This tells us that trucks are, by their size alone, dangerous. Drivers should always be alert and cautious but even more so when a large truck is nearby.

Florida Truck Accidents

An April, 2016 video of an accident in Miami demonstrates the immense power and destructive forces involved when a heavy truck impacts passenger vehicles.

This Miami Herald includes video of the accident, which may be disturbing: Miami Herald

In addition, truck accidents can be made worse by the freight the truck is carrying. For example, if hazardous or flammable materials (such as gasoline or industrial waste) are on board a big rig involved in an accident, secondary injuries from that dangerous cargo can result.

A few facts about big-truck transportation:

  • There are 3.24 million truck drivers in the U.S., according to the U.S. Department of Labor.
  • The average daily run for a long-haul, over-the-road truck driver is nearly 500 miles.
  • Most long-haul, over-the-road truck drivers average from 100,000 to 110,000 miles per year.

Long Hours

Drowsy driving can contribute to truck accidents, and here are the rules regarding consecutive hours for commercial drivers carrying property:

  • May drive a maximum of 11 hours after 10 consecutive hours off duty.
  • May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.

According to a study done by the Harvard Health Watch, an average American spends 101 minutes per day driving.

A commercial truck driver involved in an accident may be an independent driver, may work for a small company that does not provide insurance, or might be an employee of a large corporation that does provide insurance. Who is liable for damages in a truck accident can be very confusing, and requires extensive study to get to the facts.

People Who Care

The Law Firm of Lazarus and Lazarus has been helping victims of truck accidents in south Florida for over 20 years. We have the experience and expertise to properly investigate these terrifying events in order to understand how to help the injured participants. Reaching out to us is easy by calling 954-356-0006 and asking to speak with Gary or Arleen Lazarus. We will work hard to protect your rights to proper compensation for your damages. We are experienced Florida Truck Accident Attorneys.

 

| lazaruslaw-2 | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized | , , , ,

Florida’s Prescription Drug Monitoring Database Opens to More Online Users

Program is Intended to Reduce Abuse of Controlled Substances

When Florida’s famous “pill mills” were pushing out dangerous medications to patients with addictions, advocates for better medical records pushed for a central database to track prescriptions for controlled substances. The result was the 2009 Prescription Drug Monitoring Program (PDMP) and most health-care professionals believe it has been a success.

Close-up of the Rx prescription symbol on a computer keyboard.

One of the drawbacks of the program has been the restrictions placed on who can actually access the system to input records, and view existing information. These restrictions specified that only physicians, pharmacists, and certain other practitioner s were able to actually access the system, not pharmacy techs or office personnel in doctor’s offices. The limits were put in place for good reason, as confidentiality is crucial to patient rights, but often the doctors and pharmacists are so busy that they lack the time to properly run the system as intended.

Often this blog has covered the high-volume of work placed on pharmacists as a contributing factor in the increasing number of prescription errors, and so this change may turn out to be a good one, time will tell.

Last month, the Florida Legislature passed Senate Bill 964, which changes who may access the database.  Currently only pharmacists and prescribers, such as physicians, dentists, and nurse practitioners, are authorized to access and submit reports to the database. Beginning July 1, 2016 the new law will specifically allow designees working on behalf of pharmacists and prescribers to check the database and submit reports.  This change is intended to improve compliance by making it easier for busy pharmacists and prescribers to delegate reporting activities to their staff.

While the PDMP is a good idea in principal, it applies only to controlled substances such as powerful painkillers and will not prevent patients from having drug interactions with their normal medications. It is very important for all patients to take time to discuss all their medications with their doctors and pharmacists. If you don’t understand something, ask.

The Law Firm of Lazarus and Lazarus has been representing victims of prescription medication errors and negligence for over 20 years. In that time the number of drugs approved by the Food and Drug Administration (FDA) has increased by over 3000, which makes this area of law extremely complex. Gary and Arleen Lazarus remain highly proficient and are eminently qualified to represent victims of prescription errors, and their office is dedicated to protecting the rights of victims. Calling 954-356-0006 will put you in touch with their caring staff.

| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized | , , ,

Cruise Ship Accidents Leave Many Without Recourse

“Moving Hotels” Can be Dangerous

Cruises are supposed to be fun, and they almost always are. But the illusion that many people experience once they step foot on a ship is that they can completely let their normal sense of caution fly out the porthole and let loose for 5-7 days. That’s not entirely accurate.

A Google search of cruise ship accidents will reveal on-board pool drownings, slips and falls, and recently there was a tragic case of a woman who slipped off the Queen Elizabeth and was crushed to death by a tender boat. That horrific incident occurred in Cambodia where the investigative capabilities of police and other authorities are suspect at best.

Another unfortunate passenger suffered a slip and fall which resulted in a head injury. After visiting and being examined by the ship’s medical staff she was pronounced to be fine, only to later slip into a coma and die.

Have fun but Keep Your Natural Sense of Caution

Americans planning to go on a cruise for their vacation should go on the cruise. They just need to understand that like our bodies, caution needs to be exercised.

USCG“The Week” editor Lauren Hansen wrote a column titled “7 Reasons to never ever ever vacation on a cruise ship” and she outlines 7 particularly ghastly (and rare) incidents which drove her to reach her personal decision to never go on a cruise. The incidents were: Adrift and Powerless – Pirates! – Run Aground and Capsized – Flu Outbreak – Going Missing – Crime – and Collisions.

These types of incidents almost never occur, but when they do happen on a cruise ship, people need to be aware they are likely to be in international waters or in a foreign country where the rules are different. The laws, customs, and your rights are not the same when you’re out of the boundaries of the United States of America.

Specialized Area of Law

Who knows what to do when bad things do happen on board a cruise ship? Attorneys who specialize in Maritime Law and Cruise Ship Liability.

For over 20 years the Law Firm of Lazarus and Lazarus has dedicated a substantial segment of their Fort Lauderdale law practice to representing the victims of cruise line negligence and malpractice. South Florida is home to two of the busiest cruise-ship ports, the Port of Miami and Port Everglades.

If you or anyone you know has experienced an accident or was the victim of any injury while on board a cruise ship – or while on an excursion away from their ship, the best course of action is to seek advice from an expert.

Calling 954-356-0006 will connect you with the caring staff at Lazarus and Lazarus, who will hear your story and then connect you with Gary and Arleen Lazarus. All communications are completely confidential.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized | , , ,

Are You Safe Riding with Uber in Florida?

Issues Regarding Insurance and Licensing Have Politicians Busy Deciding Their Future

It seems everyone these days is doing the Uber. Using Uber saves money over traditional taxi cabs and the service offers an opportunity to people with a car to make extra money. A win-win for everyone, right?

That’s not entirely accurate. Several issues have arisen over the past few years as Uber has grown from an idea to a multi-billion dollar enterprise in just 7 years.

Uber Technologies Inc. is an American multinational online transportation network company headquartered in San Francisco, California. It develops, markets and operates the Uber mobile app, which allows consumers with smartphones to submit a trip request which is then routed to Uber drivers who use their own cars. As of April 12, 2016, the service was available in over 60 countries and 404 cities worldwide. Since Uber’s launch, several other companies have copied its business model, a trend that has come to be referred to as “Uberification.”

In Florida, state, county, and municipal governments are challenging Uber’s right to operate due to unfair competition with traditional taxi companies, who must be licensed. Another big issue is insurance, and that is the main topic for this article.

Florida Auto Liability Insurance

The minimum requirement for auto insurance in Florida for a personal vehicle is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). If you have been in a crash or convicted of certain offenses, the Florida DMV can request you purchase additional auto insurance coverage such as bodily injury liability coverage (BIL).

A taxi must carry Bodily Injury Liability (BIL) coverage of $125,000 per person, $250,000 per occurrence and $50,000 for property damage liability (PDL) coverage.

An Uber driver must do what? This is where it gets murky.

Government Regulation

Broward County commissioners have been up, down, and all around when trying to get a permanent solution to ride-share services regulation. The Sun-Sentinel reported that the last time commissioners tried to regulate Uber, they got “Ubered” — the new word for politically clobbered — for going after laws that Uber called too onerous. The result is that in Broward, Uber is now largely free to police itself concerning drivers’ backgrounds, insurance coverage and condition of vehicles. Palm Beach County is still working on an ordinance. Miami-Dade, too.

However, as a result of Florida’s regulation of taxi cabs, many companies now regard their drivers as independent contractors. This means that cab drivers may own or lease their vehicles and are responsible for providing their own liability insurance. If a cab driver is accused of negligence, a cab company can distance themselves in an attempt to circumvent any liability.

Uber_Car_Murano
Miami Herald

There is this recent headline from the Miami Herald: “Uber Faces Lawsuit After Nurse Suffers Brain Damage in Miami Beach Crash,” and certainly this kind of tragedy needs to be carefully examined to make sure the victims are cared for physically, emotionally, and financially.

So, the question “are you safe in an Uber car?” has no definitive answer. Everyone must make a decision based on their own situation, but we would recommend everyone ask questions and be aware.

Trust the Legal Experts

The Law Firm of Lazarus and Lazarus has been assisting victims of serious auto accidents for over 20 years in south Florida. We have the experience, compassion, and commitment to represent you if you are ever involved in any accident and to sort out who is liable for your injuries and damages. Please reach out to us at 954-360-0006 and ask for a consultation with Gary or Arleen Lazarus. We will listen to you, and all communications are completely confidential.