What Happens After a Judgment? Fort Lauderdale Personal Injury Attorney

Fort Lauderdale Personal Injury AttorneysIn almost any accident-related injury situation, there is usually someone or something that is at fault. It may be a car accident where one driver failed to obey a traffic device or it may be a slip-and-fall accident where a business was negligent by not maintaining a safe environment for customers. Whatever the cause, we are fortunate in this country to have the ability to pursue and then recover damages.

But, just because a court awards a judgement to someone doesn’t mean they will be able to recover. Let’s go to the beginning of the whole process.

1 – A person checks into a hotel and steps into the tub to take a shower. The tub is slippery from a spill of one of the bottles of shampoo, and the guest slips and falls, hitting their head on the hard tile and is seriously injured. The hotel is uncooperative about admitting their contributory negligence, and the victim files a lawsuit.

Before anything happens, there will be a pre-trial phase where motions will be made and a judge will decide if they have merit. These motions will usually involve evidence which may be witness testimony, photographs, or actual pieces of evidence. This information is reviewed so cases with little chance of winning do not clog up the courts.

Note: There have been thousands of incidents like the one described above, and many have failed to go forward due to lack of evidence. If you are ever injured because of someone else’s negligence, it is very important to document what happened the best you can. Take pictures, save evidence, and ask for the names and phone numbers of witnesses. It all helps to build your case.

Once the pre-trial phase is complete and a case moves forward, a trial by judge or jury will be scheduled and if a judgement in favor of the plaintiff (victim) is granted, what happens then?

Personal Injury AttorneysA very important concept to understand is that a judgement has value to a victim if it is collectible. If the defendant has the assets to pay, there is usually not too many problems, but if they don’t it might present a delay. Some defendants may attempt to hide assets and finding them can be difficult.

Interviewing attorneys about their credentials, ability to win cases, and collect judgments is very important when making a decision to hire an attorney who will be able to represent you and fight for your rights.

The Law Firm of Lazarus and Lazarus has earned a sterling reputation for gathering evidence into a clear and convincing cases, and then following through with doing whatever it takes to get clients the help they need. Please call us if you have any questions about how to help if you’ve been hurt in any kind of accident. Our number is 954-356-0006.

Are Self-Driving Cars a Danger to Motorcycles and Pedestrians? Fort Lauderdale Accident Attorneys

Who is Responsible When There is no Human Driver?

A near-miss between a self-driving Tesla and a Phoenix motorcycle police officer last year raised eyebrows in the motorcycle community even though there were no damages or injuries.

According to USA Today: The officer, who was in front of the Tesla, stopped for a traffic signal, police said. After also stopping briefly, the Tesla began creeping forward, prompting the officer to jump off his motorcycle and move away. The officer later estimated the car was moving at about three miles per hour, police said. There were no injuries or damage.

Recently The Mercury News reported: General Motors is in a race to be the first company to mass produce self-driving cars, but a recent crash with a San Francisco motorcyclist has illustrated the tricky challenge of assigning blame when an autonomous vehicle gets in an accident.

There are several other incidents in the news, some involving very serious injuries.

Self-driving cars operate using sensors and those sensors are calibrated to “see” cars, trucks, and trees. Obviously they won’t tell the car to slam on the brakes if a pigeon crosses the road, but somewhere between a large truck and a bird is a motorcycle. Are these cars going to be able to detect a motorcycle when one is riding alongside on the highway? Can they detect a dog that may run out in the road?

There have been many reports about hackers that have a ability to break into a driver-less car’s navigation system and remotely disable it. We can’t imagine the panic a person would feel if their car suddenly accelerated on its own as it approached a red light, nor the damage that could be done to people and property.

Floridians have a right to know if these new vehicles are a danger to motorcyclists, bicyclists, pedestrians, and everyone, and what protection we have if they cause an accident with injuries or worse.

Fort Lauderdale Accident Attorneys

Self-driving cars may be the future of travel and they may someday be perfected. In the meantime, we will work diligently to help people who are injured in accidents with these vehicles. If you have questions, please contact us at 954-356-0006 and thank you.

Motorcycle Accident Attorney

Why Don’t Drivers See Motorcycles? Fort Lauderdale Motorcycle Accident Attorney

Motorcycle Accident AttorneyIf you speak with a police officer who has investigated a lot of car vs. motorcycle accidents, they will tell you that 90% of the automobile drivers say the same thing about what happened: “I didn’t see him.”

Fort Lauderdale Motorcycle Accident Attorney

Why don’t people see motorcycles? There are several reasons, but first let’s look at the most common types of accidents:

The single most dangerous situation for motorcyclists occurs when cars are making left-hand turns. These collisions account for 42% of all accidents involving a motorcycle and car. Other types are

Unsafe Lane Changes by Cars
Sudden Stops by Cars
Cars and Trucks Running into the Rear of a Motorcycle

What is the most common reason for the above types of accidents?

We opened with this: The single most common reason given by drivers is “I didn’t see the motorcycle.”

Do these drivers have vision problems? Are they careless? Are they distracted? Are they impaired? It could be any or all of these, but a very interesting article in Road and Track magazine says:

The first thing to understand is that our eyes don’t see very much. We tend to think of eyes as cameras, but in reality they are biological devices with considerable limitations. If you could see a raw feed of the image sent to your brain by your eye at any given time, you’d be horrified. It’s mostly blurry, it has a blind spot near the middle, and it’s upside down.

Luckily for us, our eyes are constantly in motion, even when we think we are looking straight ahead. They send several pictures every second to the brain, which then assembles the best and sharpest parts from each picture into a mental image. That’s what we see. When you read the print on this page or screen, your eyes are flicking all over that page or screen, assembling a complete picture that you can then read.

Think of an old-school radar screen. There’s a bright green line that tells you what the radar is seeing at that very moment, and it sweeps in a circle, continually refreshing the screen. Compared with the human eye, the line is the small area it can focus and see at any given time, and the whole screen is the image we have in our minds.

Many motorcyclists think they can stay safe by avoiding the other driver’s “blind spots” and that is a common philosophy, but now that we understand the way the human eye works, combined with the issues of distraction, carelessness, and drunk drivers, isn’t it better to assume everything is the other driver’s blind spot? Isn’t it better to assume you are invisible to every driver?

Rather than being surprised when a driver makes a totally bone-headed move, isn’t it better to expect it? To be prepared for it? Drive like you’re invisible because in reality, you are. We will always promote the “Look Twice, Save a Life” campaigns and we hope they make a difference but all motorcyclists must take the initiative to ride safe.

If you’ve been involved in an accident involving a motorcycle, please fell free to reach out and ask us questions. Motorcycle accident cases require a special expertise when it comes to understanding the causes and how to pursue compensation for victims. Please call us at 954-356-0006 for a free consultation.

 

 

Can Self-Driving Cars See You on Your Motorcycle? Florida Motorcycle Accident Lawyers

Who is Liable for Damages When There is no Human Driver?

Self driving cars are being developed, tested, and put on the road right now and many wonder if they are safe. Can they adequately “see” other cars? And what about bicycles, motorcycles, and pedestrians? A near-miss between a self-driving Tesla and a Phoenix motorcycle police officer last year raised eyebrows in the motorcycle community even Florida Motorcycle Accident Lawyersthough there were no serious injuries.

According to USA Today: The officer, who was in front of the Tesla, stopped for a traffic signal, police said. After also stopping briefly, the Tesla began creeping forward, prompting the officer to jump off his motorcycle and move away. The officer later estimated the car was moving at about three miles per hour, police said. There were no injuries or damage.

Recently The Mercury News reported: General Motors is in a race to be the first company to mass produce self-driving cars, but a recent crash with a San Francisco motorcyclist has illustrated the tricky challenge of assigning blame when an autonomous vehicle gets in an accident.

Self-driving cars operate using sensors and those sensors are calibrated to “see” cars, trucks, and trees. Obviously they should not tell the car to slam on the brakes if a pigeon crosses the road, but somewhere between a car or truck and a bird are motorcycles, bicycles, and pedestrians. Are these cars going to be able to detect a motorcycle when one is riding alongside on the highway? Will the sensors detect a child stepping into the street? These are very serious questions and people need to know the answers.

Floridians have a right to know what their rights are if they are involved in an accident with one of these self-driving vehicle.

The Law Firm of Lazarus and Lazarus has been working with automobile drivers, truck drivers, motorcyclists, bicyclists, and pedestrians who are seriously injured on Florida roads for 25 years. We will do everything possible to make sure you are compensated for injuries and damages when we are on your side. Please call us at 954-356-0006 if you have any questions.

 

Auto PIP Insurance Rates are Skyrocketing. Why? Fort Lauderdale Auto Accident Attorney

You don’t speed, run red lights, or drive recklessly and you don’t get traffic tickets at all. You never text and drive and you don’t drink and drive. You’re a great driver! But your auto insurance bill keeps going up.

What’s going on?

A lot of Florida drivers are asking the same question because although they pay rates that average $1,250 per year, the rates keep rising. Florida remains one of only a few states that still requires PIP and many drivers feel that it is not necessary if they have health insurance that would cover injuries from an auto accident. What’s the solution?

Before we address the solution we have to know what is causing the problem, and in this case a good part of it is fraud. Staged car accidents, treating non-existent injuries, and other dishonest practices cause higher rates and cost everyone money. Some hospitals also charge higher for tests and injuries when PIP insurance is involved and victims run out of money before they can receive effective treatment.

You can look north to Tallahassee and try to figure out what’s happening because it is there that politicians are considering changes or even a total repeal of PIP. A House plan that passed 88-15 to repeal PIP will die in less than a month unless the Senate acts. Similar legislation expired in the Senate a year ago.

We believe every accident victim is entitled to compensation for all their injuries and losses, and that fraud and waste should be eliminated with common-sense legislation and enforcement.

If you click here  you will be directed to a website where you may enter your address and then be provided the names and addresses of your state representative, state senator, U.S. congressional representative, and U.S. senators. Reach out to them and tell them how you feel.

If you’re involved in an accident and you’re confused about what to do about your damage and injuries, we will be happy to help. Getting you the benefits you deserve is our primary goal, and we treat every client with respect. Call us at 954-356-0006 for a free consultation.

 

Prescription Errors

Don’t Rush Taking Prescription Meds and Avoid Dangerous Mistakes

We’ve all seen those daily pill organizers used to keep track of prescription pills. Most people think “those are for old people, not for me” but the truth is we all should slow down and take time to sort out our medications. Here’s why:

According to a recent study, “every minute of every day, three Americans call a poison control center because they’ve made a major mistake

Prescription Overdoses
It’s always good to have this number nearby: 800-222-1222

with their medication.” You’re probably wondering how many people is that exactly, and so we’ll do the math for you. 24 hours X 60 minutes per hour = 1440 minutes and three per minute adds up to 4,320 people per day which is 1,576,800 people per year.

Why does this happen?

Because people don’t take the time to focus on taking the right pill at the proper time and they don’t follow directions. Often it is a case of interaction between the drug they were prescribed and some other pill or liquid they didn’t bother to tell their doctor about. Sometimes people are just in a hurry and they think “I forgot to take my pill yesterday and the day before, so I better take three today.” Often that is very unwise to do.

If you look at the directions that accompany your prescriptions you will see somewhere it says “what to do if you miss a dose” and you should read that. With some medications 3 times the normal dose may seriously hurt you. It may put you to sleep while you’re driving.

The same study found that the rate of serious medication errors rose from 1.09 for every 100,000 Americans in 2000 to 2.28 per 100,000 by 2012. One-third of the cases resulted in a hospital stay, the researchers said.

We also have to consider the possibility that a mistake was made in the chain of events from your physician writing your prescription to the point where you pay for it at the pharmacy. Despite computers and robot pill dispensers, there are still many “medical errors” made every day.

So, what is the solution? Set aside some time at the beginning of each week and sort out your pills. The organizers seem like a good tool to use. Each time you visit the pharmacy, pay more attention to the medicine you’re picking up and stop to ask the pharmacist questions. Always tell your doctor and pharmacist if you’re taking any over-the-counter supplements or pain-killers, and in general slow down. This is your health we’re talking about so don’t grab a handful of pills and toss them back with a swig of coffee.

If you feel that your doctor or pharmacist made a mistake with your prescription medication or if you think one of your medications has harmed you, please call us at 954-356-0006. Prescription errors have been a special area of our law practice for over 20 years and we know what to do.

Can You Prevent an Auto Accident? Fort Lauderdale Accident Attorneys

What is an accident? By definition, it is “an undesirable or unfortunate happening that occurs unintentionally and usually results in harm, Fort Lauderdale Accident Attorneysinjury, damage, or loss; casualty; mishap.” Another definition is: (law) “such a happening resulting in injury that is in no way the fault of the injured person for which compensation or indemnity is legally sought.”

The State of Florida changed their reports years ago from “accident reports” to “crash reports” we assume because law enforcement does not want to be as involved in determining fault for a crash, and it is usually better for that to be resolved in a court of law.

Whatever you call them, accidents or crashes, they’re both bad and should be avoided. Some feel there’s not much you can do about avoiding an accident, but we know that to be untrue. In fact, here are five things you can do to significantly reduce your chances of being in an accident.

  1. Always keep one hand on the steering wheel. You should really keep both hands on the wheel, but if you have to change the radio station, please don’t let go with the other hand. Very dangerous, and you would be surprised how often some people do this.
  2. Watch for red light runners. When your light turns green, count to three before you enter the intersection and look both ways. Never assume someone is going to stop at a red light or stop sign. Use caution always.
  3. Never tailgate. Remember the faster you are traveling, the more space you need to leave between your car and the car ahead of you.
  4. Back up slowly and carefully. Use your mirrors, but it’s a good idea to turn around and really look carefully for other cars and pedestrians when you back up. In parking lots, people with shopping carts will assume you see them and so they’ll just move right into your path. Take your time, it’s not a race.
  5. Finally, probably the most important tip to avoid an accident is to never text when you’re driving. Just put the phone down and don’t even think about it. If it beeps or rings, deal with it when you’ve arrived at your destination. Nothing is worth taking your eyes off the road.

Fort Lauderdale Accident Attorneys

We have been helping people injured in accidents across south Florida for over 20 years, and we find that almost every crash was preventable. Please be careful, but if you are injured in a crash it’s important to have someone on your side who can determine the cause and help you get the help you need to pay for medical bills, lost time from work, damages, and your pain and suffering. We work very hard for our clients and we’ve earned an excellent reputation for doing so. Reach out to us by calling 954-356-0006 if you would like to have a conversation.

Fort Lauderdale Nursing Home Neglect Attorneys

Sepsis Can Be an Undiagnosed Cause of Death – Fort Lauderdale Nursing Home Neglect Attorneys

Sepsis is a serious, potentially fatal infection that causes more fatalities in the U.S. than heart attacks. A recent study done by the Centers for Disease Control and Prevention (CDC) has found that almost two thirds of the total 258,000 annual deaths were not diagnosed in time by doctors and nurses. In some cases, this could be considered medical negligence.

There have been instances where people have died in a hospital or nursing home and their family is not told the truth about the cause of death. Many times people are left to assume that it was just “old age” but in truth it was a preventable issue: sepsis.

A thorough article about sepsis was published last year in U.S. News and World Report.

Early Detection of Sepsis is key to Recovery

According to the CDC, while delayed diagnosis sepsis can increase the risk of mortality, early detection can save lives. If the condition is diagnosed within six hours, the prognosis is pretty good. Another study has shown that the chances decrease over by 7 percent for each hour it goes untreated. The chances become bleak with every hour that the condition is left untreated.

Sepsis is Difficult to Diagnose

One reason that many cases of sepsis go undiagnosed and untreated is that there is no reliable test for it. Also, each patient experiences different symptoms. While there are some hospitals that have found ways to detect and prevent sepsis at an early stage, there are many others that still lack in this.

Have someone close to you been a victim of delayed sepsis diagnosis?

Fort Lauderdale Nursing Home Neglect Attorneys

Sepsis is a potentially fatal condition if not detected and treated in time. Also, it is possible to prevent, detect and manage the condition. If you or someone close to you has suffered from complications or fatality as a result of delayed diagnosis of sepsis, you have the right to pursue compensation for all the losses you have suffered.

The best thing to do if you suspect sepsis may have contributed to the deteriorating condition of a loved one, or their death, you may call us and arrange a confidential consultation. We can be reached at 954-356-0006.

Fort Lauderdale Nursing Home Neglect Attorneys

 

Fort Lauderdale Car Accident Attorneys

Best and Worst Car Insurance Companies • Fort Lauderdale Car Accident Attorneys

Fort Lauderdale Car Accident AttorneysInsurance is one of those things people hate to pay for, but when they need it they are very happy they did. Many people pay for insurance their entire lives and never actually use it. The insurance companies love those people. Others are constantly making claims for this or that and it all balances out in a system that isn’t perfect, but we have to deal with it.

Is there any big difference between one insurance company and another? Consumer Reports did some research and then produced ratings for car insurance companies and the results are interesting.

12 Best Car Insurance Companies – #1 is best:

  1. USAA Property & Casualty
  2. Amica Insurance
  3. New Jersey Manufacturers Insurance Company
  4. Erie Insurance Group
  5. Auto Club Enterprises Insurance Group
  6. Auto Club Insurance Association
  7. Auto-Owners Insurance Group of Companies
  8. Ameriprise Financial (IDS)
  9. State Farm
  10. State Auto Insurance Companies
  11. Mercury
  12. Geico

12 Worst Car Insurance Companies – #1 is worst:

  1. Farmers Insurance
  2. Hanover Insurance
  3. Mapfre USA
  4. Allstate
  5. MetLife
  6. Liberty Mutual
  7. Travelers
  8. The Progressive Group of Insurance Companies
  9. AAA Northern California, Nevada & Utah Insurance Exchange
  10. The Hartford Financial Services Group
  11. Nationwide Mutual Insurance Company
  12. American Family

We have worked with all these companies, and while we will offer no opinions of our own on the quality of coverage or claim service, we will say that they all have good points and bad. Car insurance is necessary and mandatory, but working with them after an accident and getting the best compensation for your losses is sometimes best left to professionals.

Florida Automobile Insurance

We recommend that you do some rate comparisons and research on your own before making a decision. We also recommend that you obtain more than just the “basic” or required coverage. Many people call us and complain that after an accident they were left out in the cold when it came to having access to rental cars, quality repairs, and other reimbursements. Study your policy carefully and if possible sit down with an agent to go over the fine print.

Fort Lauderdale Accident Attorneys

If you have been involved in an accident and your company is not performing according to what you believe is fair and reasonable, give us a call. We’ll look over your policy and see what we can do to get you the compensation you deserve. We’re always here to talk at 954-356-0006.