| Arleen Lazarus | 0 Comments | Florida Accident Attorneys

Florida’s Limited Text Ban

If you drive from state to state, you’ll likely be confused by differences in traffic laws pertaining to cell phone use and texting. And claiming “I didn’t know” is not going to convince a police officer to cut you a break. Ignorance of the law is…..ignorance of the law!

In many states you can’t use your hands at all to operate a cell phone for calls or texts, other states allow it freely. Wikipedia has a chart for all 50 states that covers phone, texting, and restrictions, including age restrictions. Young drivers are often prohibited from using phones while driving while older drivers are permitted to do it.

The least we should be is aware of what the law says here in our home state of Florida, so let’s look at it.

In October, 2013, Florida enacted a limited ban on text messaging while driving. The law poses no limitations on cell phone use, however.

The law (Statute 316.308) states:

Fort Lauderdale Personal Injury Attorney“A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data in such a device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.”
In other words, drivers in Florida can’t type into a virtual keyboard, or send or read messages. Keep in mind that even if a driver does manually enter information into a wireless device, that will not by itself result in arrest. A driver can only be charged for violation if arrested for another motor vehicle violation.

Fort Lauderdale Personal Injury Attorneys

We are personal injury attorneys with extensive experience representing victims of motor vehicle accidents, and we have seen far too many cases where people have been very seriously injured because someone was looking at their phone instead of the road. W urge people to read and understand the law, but we also recommend that people take it a step further and just don’t use your phone while driving, unless it’s an emergency. There is nothing more important than your safety and the safety of others.

Please feel free to call us if you have questions, or if you have been injured in a motor vehicle accident. We’ll be happy to sit down with you and hear your story, then recommend a course of action. Call us at 954-356-0006, and thank you.

Fort Lauderdale Accident Attorneys
| Arleen Lazarus | 0 Comments | Fort Lauderdale Accident Attorneys

Can a Minor File a Lawsuit in Florida?

Fort Lauderdale Accident AttorneysBeing seriously injured in a car accident is a terrible experience. Imagine waking up in a hospital bed, not know where you are or how you got there, knowing only that you are in terrible pain. Now imagine being a child in that situation. It’s frightening.

Here are some statistics on older children involved in accidents.

Teens = Highest Risk Group: For every mile driven, teens between the ages of 16 and 19 are four times as likely to be involved in a car crash.
Teenage Car Fatalities: 5,000 teens in the 16 to 20 age group die each year as a result of a car crash.
Teenage Car Injuries: 400,000 teens in the same age group are injured each year in car accidents.
Disproportionate Population / Fatality Ratio: Teens make up 10% of the population but represent 12% of car crash fatalities.
Cost: 30% or $26 billion per year in costs are accounted for by drivers under the age of 24.
Driving Habits: Teenagers are more likely to speed, tailgate and only 10% report wearing seat belts.
Teen Male Drivers: Of male drivers ages 15 to 20 killed in car crashes, 38% were speeding and 24% were under the influence of alcohol.
High Risk Age Groups: People between the ages of 15 and 24 and over 75 are the groups most likely affected by car accidents.
Senior Drivers: Drivers over the age of 65 are second most likely to die in a car crash.
Safety Disparity: Despite the fact that older drivers are on average slower, safer drivers, they are more likely to die in a car accident than younger drivers.

In Florida, minors are defined as persons under the age of 18, and so a minor would need to have the consent of their parent or legal guardian to sue. If an injury claim is less than this $15,000, then it is legal for the minor’s parents or natural guardians to settle the claim without first obtaining court approval.

Under Florida state law, minors cannot file personal injury lawsuits in court or settle personal injury claims outside of court on their own when the gross settlement amount of a personal injury claim is greater than $15,000. Also, an attorney-client relationship in the personal injury context can only be formed with the assistance and consent of the minor’s legal guardian. As one might expect, a minor’s legal guardian(s) are most commonly one or both of the minor’s parents. When one or both parents are not available to occupy the guardian position, however, another individual may be appointed by the court to serve as the minor’s legal guardian.

Fort Lauderdale Accident Attorneys

The Law Firm of Lazarus and Lazarus has dealt with cases involving children many times, and we understand the delicate nature and special considerations involved with these situations. We work hard for every case, and we protect the rights of our victims. If you are involved in car accident in south Florida, please call us at 954-356-0006 and we’ll arrange a confidential consultation at your convenience.

 

Fort Lauderdale Accident Lawyer
| Arleen Lazarus | 0 Comments | Fort Lauderdale Personal Injury Attorney, Uncategorized

Bone Fractures and Long-Term Effects – Fort Lauderdale Accident Attorney

Fort Lauderdale Accident AttorneyWhen you were young, did you ever break a bone? For many people broken bones were almost common, especially if they played sports. Emergency rooms are full of young, amateur athletes every weekend with injuries ranging from cuts and scrapes to concussions, broken arms and fractured legs. Usually a cast goes on, and weeks later it comes off. The patient usually is good as new!

That’s not always the case for people in their middle-aged years or the elderly.

When you suffer a broken bone in an accident and you’re over the age of 40, there are many issues that can come up that impede the healing process and cause serious complications. Some of the damage and complications that accompany broken bones include:

Vascular Damage – In some cases, a person may experience vascular damage, such as the disruption of blood to the femoral artery. A pelvic fracture, for example, is life-threatening and could damage the femoral artery – which will result in death if it is not treated properly and quickly.
Loss of Mobility – Certain fractures may lead to a permanent or long-term loss of mobility. For example, a hip fracture in an older individual could never heal properly.
Respiratory Issues – When a victim suffers from a fracture of bones in the chest, such as a rib, he or she could suffer from a pneumothorax or other breathing issues.
Visceral Injuries – If the fracture protrudes into other organs, such as the lung or bladder, it can cause permanent organ damage.
Nerves and Tissue Damages – Sometimes a fracture can lead to permanent damage to the surrounding tissues, nerves, and skin – depending on the severity of the break.
Systemic Complications – These can include things like fat embolism, shock, sepsis, pneumonia, and an exacerbation of an underlying condition.
Compartment Syndrome – This occurs when internal pressure within a closed off space compromises the body’s circulation and results in temporary or permanent damage to that area.
Improper Bone Healing – Sometimes, the initial injury does not cause damage; instead, it is the healing process. If the fracture does not heal or is delayed from healing, the patient could suffer from other complications, including malunion. They may need surgery to repair the malunion.
Myositis Ossificans – This occurs when the calcifications develop within the muscle and are often accompanied by a bone fracture. The condition can cause intense pain, tenderness, swelling, and muscle contractions.

It is because of these and other hidden complications that it is critical to consult with an experienced personal injury attorney immediately after an accident and before you agree to any settlement. What seems like an open and closed case might evolve into a painful, expensive set of medical circumstances down the road. An experienced personal injury accident attorney will guide you towards the best possible course of action to protect now, and into the future.

The Law Firm of Lazarus and Lazarus will meet you and look over the facts to give you options. Our meetings are completely confidential and we will set a time that works with your schedule. Please call us at 954-356-0006 and thank you.

Fort Lauderdale Accident Attorney
| Arleen Lazarus | 0 Comments | Fort Lauderdale Accident Attorneys

Are ADHD Teens More Likely to Cause Car Accidents?

Fort Lauderdale Accident AttorneyIn 2015, Florida had 2699 fatal car accidents and 2939 deaths, which calculates to 14.5 deaths for every 100,000 people. Florida ranks third for number of deaths behind only Texas and California. It’s known that teens have a higher rate of accidents than other drivers, but are teens with ADHD more likely to cause accidents?

In the United States, teenagers drive less than all but the oldest people, but their numbers of crashes and crash deaths are disproportionately high. 1 In the United States, the fatal crash rate per mile driven for 16-19 year-olds is nearly 3 times the rate for drivers ages 20 and over. Risk is highest at ages 16-17. In fact, the fatal crash rate per mile driven is nearly twice as high for 16-17 year-olds as it is for 18-19 year-olds.

What is ADHD?

A chronic condition including attention difficulty, hyperactivity, and impulsiveness.

• Very common.
• More than 3 million US cases per year.
• Treatment can help, but this condition can’t be cured.
• Chronic: can last for years or be lifelong.
• Requires a medical diagnosis.
• Lab tests or imaging not required.

The Inattentive Type: Difficulty paying attention, errors in activities, difficulty organizing, inability to follow instructions, easily distracted, forgetfulness, tendency to lose items, listening issues, carelessness errors.
The Hyperactivity and Impulsive Type: Fidgeting and squirming when told to sit still, inability to remain seated, excessive running, always talking, inability to wait for one’s turn, interrupting issues, always wants to be “on the go,” cannot play quietly.

The Combined Type: Some adults and children have the combination type of ADHD, which means that they are hyperactive, distracted, impulsive, and share symptoms from both. Most people diagnosed with ADHD will have the combined form.

ADHD and Driving

ADHD poses special risks while driving. Those with ADHD are two to four times more likely to be in a vehicle accident compared to those without ADHD, says WebMD.

These teens could be at risk for impulsive behavior behind the wheel; they could take severe risks, use immature judgment, and even seek thrills. These traits are high-risk for those on the road with the individual who has ADHD. Also, those with ADHD are more likely to be heavy drinkers, and they could experience problems from their drinking.

Fort Lauderdale Accident Attorney

The Law Firm of Lazarus and Lazarus has been working with people involved in serious car accidents for over 20 years and we have experience dealing with many cases where a driver’s medical condition contributed to a crash. Please call us if you have any questions about an accident in south Florida and we will be happy to meet with you and discuss your best course of action. 954-356-0006.

 

| Arleen Lazarus | 0 Comments | Fort Lauderdale Personal Injury Attorney

Florida Personal Injury Damages: Punitive and Compensatory

If you are injured in Florida as a result of someone else’s actions, you will likely want to pursue damages from that person or company for your injuries, medical bills, lost time from work, and other damages. But what are you entitled to and how does the court decide how much you receive? This can be a complicated scenario.

Two Types Of Compensation In Personal Injury Claims. There are two main kinds of damages: compensatory and punitive. Compensatory is the most common form of damages in personal injury claims. In cases in which serious injury or loss of life was caused by extreme negligence, punitive damages may be awarded.

If you visit the Florida Statutes, you will find that CHAPTER 768 – NEGLIGENCE – PART I – GENERAL PROVISIONS deals with torts, types of damages, limits and other relevant components in order to preserve order and a system that works for everyone.

What is a tort?

Tort: noun, Law. 1. a wrongful act, not including a breach of contract or trust, that results in injury to another’s person, property, reputation, or the like, and for which the injured party is entitled to compensation.

One interesting part of the Florida Statute states:     768.72 Pleading in civil actions; claim for punitive damages.
(1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.

Florida Personal Injury AttorneysIf you are involved in a tort law situation, hopefully you have met with a qualified attorney and you have received competent advice on how to proceed.

Florida Personal Injury Attorney

The Law Firm of Lazarus and Lazarus believes every Floridian is entitled to competent representation when they are injured. We are pleased to offer a free consultation to discuss your options. Please call us at 954-356-0006.

Fort Lauderdale Arbitration Attorney
| Arleen Lazarus | 0 Comments | ARBITRATION CLAUSES |

Look Out for the Arbitration Clause – Fort Lauderdale Personal Injury Attorney

“Nothing in fine print is ever good news.” – Andy Rooney

How often do you sign your name without reading the contract? Most people just “assume” it’s ok to sign a document prepared by a big company, after all everyone else did.

But, moire and more companies are including arbitration clauses in the fine print area of their contracts which state if there is a problem you have to have your case settled with an arbitrator rather than taking your case to court. It’s probably not a good idea to do that.

Florida Arbitration LawyerIf you sign a contract for a cell phone, there’s not much of a chance you’ll be physically injured by your phone, although it has happened. What if you sign a contract for a gym membership, and a dumbbell falls off the wall and hits you in the head, causing serious brain damage? Do you want an arbitrator to decide how much you get for the gym’s carelessness and your pain and suffering? You should read the fine print and give it some thought.

Arbitration may be binding or non-binding. If binding, the participants are forced to follow the arbitrator’s decisions, and the courts enforce those decisions. If non-binding, either party may reject the arbitrator’s decision and take the dispute to court for an official ruling. Most contracts have binding arbitration.

What Does Arbitration Mean?

Arbitration is a conference meeting instead of a court trial. They are less formal but have an arbitrator overseeing the case. Unlike mediation, decisions made during arbitration are legally binding and cannot be reversed.These are designed to bring down the costs of a lawsuit, especially compared to traditional litigation. The purpose of arbitration is to come to a solution for both parties – mostly, no party outright wins like in a trial.

Areas where you want to be particularly aware of arbitration clauses involve medical agreements. When you sign paperwork authorizing any medical procedure, it would be prudent to carefully examine the fine print and look for any mention of arbitration. A recent issue before the Florida Supreme Court ruled against medical malpractice arbitration. Please see article here.

If you have been injured due to someone else’s carelessness, negligence, or malpractice and you believe there may be an arbitration clause involved, it does not necessarily mean you lose your right to sue. It may depend on whether the arbitration is “binding” or not. Your best course of action is to consult with an attorney.

Fort Lauderdale Arbitration Lawyer

The Law Firm of Lazarus and Lazarus has been working with victims across the state of Florida for over twenty years, and we do not allow doctors, hospitals, insurance companies, or other lawyers to bully our clients. We will fight hard for your right to receive the maximum fair compensation for your losses and injuries as permitted by law.

Call us if you have any questions at 954-356-0006 and thank you.

Fort Lauderdale Pharmacy Error Lawyer
| Arleen Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE

Some Over-the-Counter Supplements may be Dangerous Drugs

Dangerous Drugs - Prescription Meds and SupplementsThe word supplement means “something added to complete a thing, supply a deficiency, or reinforce or extend a whole.” When you incorporate supplements into you daily diet, you are doing so because you want boost your health, get stronger, or lose weight. All positive goals, but there may be dangers.

We have discussed the potential harm from mixing prescription drugs and supplements, but now there is evidence that some supplements on their own may be harmful. Increased risk of cancer and kidney stones are two of the concerns.

Recently, the Food and Drug Administration ordered supplement maker Hardcore Formulations to recall two of its bodybuilding supplements after they were found to be laced with derivatives of anabolic steroids — drugs that can have serious health consequences including liver injury and increased risk of heart attack, stroke, and infertility.

There are three categories where people should be cautious. If a supplement promises to help with sexual performance, weight loss, or muscle building, be careful. The ingredients might be listed as caffeine or “natural stimulants” but often there are ingredients not on the label that can be harmful.

One ingredient that was banned by the FDA over a decade ago – sibutramine – is still showing up in some products.

Buy vitamins and supplements only from reliable distributors. If you take a supplement of any kind, make sure you discuss it with your physician and pharmacist. Ask about complications and side effects. Many companies shipping products to consumers are not reputable and you should be very cautious. The FDA website includes this link – consumer updates – for information about banned and dangerous supplements.

Fort Lauderdale Pharmacy Error Lawyer

The Law Firm of Lazarus and Lazarus has been helping people who are harmed by prescription medications, supplements, and other substances that are dispensed or prescribed improperly for over 20 years. If you think you may be the victim of a harmful drug or substance, please contact us and we will be happy to discuss your options. You may reach us at 954-356-0006.