Florida Lawsuit Time Limits

Time and Tide Wait for No Man – Florida Lawsuit Time Limits

Florida Lawsuit Time Limits

There is no solid data about how many people procrastinate, but it seems possible that it is tied to age. One study found that 80% of college students procrastinate which is probably why so many of them have to “cram” before a major exam. We guess they are busy with social activities.

Later in life when bills start coming in every month most people learn to stop procrastinating because if they don’t the electric company turns of their power and that puts a damper on “Netflix and Chill” plans.

Time and tide wait for no man – Geoffrey Chaucer

Lawmakers have time limitations built in to most laws, both civil and criminal. This means the government has a certain amount of time to prosecute someone for a crime, and a person has limited time to file a lawsuit. Once the deadline passes, it’s too late.

Fort Lauderdale Accident AttorneysIn Florida there are time limitations for different situations and for civil cases most of them are found in Title VIII Chapter 95. These limitations cover everything from how long a debtor has to collect a debt to how long a person has to file a lawsuit for damages. This latter situation is where we have witnessed many people lose the opportunity to be compensated for injuries and damage resulting from another person’s negligence.

The time limits sometimes start the moment of the incident, and some start on other dates and times. Understanding these laws and limitations is not easy, and it’s one of the reasons attorneys go to law school. It is one thing that should definitely not be a do-it-yourself project.

Let’s look at a hypothetical situation: You are out driving one day and someone hits your car from behind, fairly hard. You’re a little shook up you don’t want to make a big deal out of it so you ask the other driver to pay for damages to your car and let it go. A few weeks later you feel an ache in your neck and back but a couple Advils make it go away and you live with it.

More time passes and finally you think you should look into calling an attorney, but you are told it’s too late. The deadline has passed.

Medial Malpractice cases have a time deadline to file a lawsuit. Auto, truck, and motorcycle accidents have a deadline, and if you ever want to sue an employer for back pay, there is a deadline for that. The clock is always ticking.

The Law Firm of Lazarus and Lazarus has been helping people negotiate with insurance companies to recover damages and pay medical bills since 1992. When necessary we file lawsuits and we do so timely so as to be successful. Our reputation is excellent for service and expertise, and our online reviews can be reviewed by clicking here. Please call us at (954) 356-0006 if you have any questions. Our initial consultations are always free and confidential.

Workplace Covid-19 Safety

Covid-19 Liability Waivers – Should You Sign Them? Lazarus and Lazarus Law Firm

Workplace Covid-19 Safety

Everyone makes decisions everyday that will affect their lives, usually in ways that are minimally consequential. We choose to eat some fruit for breakfast or perhaps we choose bacon and eggs. One is better for our health but one might be more satisfying to our taste buds.

Today, our choices involve staying home or going out and that choice might be very critical because of the coronavirus that’s continuing to infect people across Florida and around the world. We wear a mask or we don’t. We wash our hands regularly or we don’t.

Workplace Covid-19 SafetyWhen we visit a business or go to work, we want to make sure the environment is clean and sanitized. Our workplace, especially is where we may spend 1/3 of our days and we may come into contact with not only co-workers but customers who may carry the virus.

Because this is new territory, medically, socially, and legally, everyone is trying to do what’s best to keep people safe. It’s possible that a business you visit or your workplace may ask you to sign a waiver of liability so they will not be blamed if you get sick. Whether this is a good idea or not is not clear at this time.

People are going to have to use their judgement and only visit establishments that meet the safety standards for social distancing, cleanliness, and other guidelines as ordered by local health officials.

Employers are required by law to maintain a safe environment for all employees, not only for illnesses but for all forms of injury. If they don’t, and someone becomes ill or injured, then there may be a good reason to investigate if there is negligence on the part of the employer. The same is true for businesses that do not take steps to make sure customers, clients, and patients are safe. This would be true for nursing homes, personal service establishments, or any business that opens their doors to the public.

The Law Firm of Lazarus and Lazarus has been committed to the rights of victims since 1992 and we are proud of our reputation for tenacity and positive results. When innocent people are injured or made ill because of the carelessness of others we step up and fight for your right to a full recovery which includes compensation for medical expenses, lost time from work, and pain & suffering. We don’t quit until we get results.

If you believe you, a friend, or a loved one has been hurt because of someone else’s carelessness we are here to help. Feel free to call us at (954) 356-0006 seven days a week. All consultations are completely free and confidential.

The Federal Government’s Guidance on Preparing Workplaces for Covid-19 – Click Here

Our areas of expertise include:

  • Automobile, Truck, and Motorcycle Accidents
  • Cruise Ship Accidents and Illnesses
  • Covid-19 Illnesses from Workplace Exposure
  • Illnesses and Injuries Caused by Pharmacy Errors
south florida pharmacy error attorneys

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

South Florida Pharmacy Error Attorneys

Pharmacy Error AttorneysDid 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 totally 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.

 

The Scooters are Here, and so are the Problems

It was just a matter of time. As south Florida becomes more and more urbanized the number of scooters, mopeds, and motorcycles increases. It’s just easier to get to where you need to be on a smaller conveyance than a big bulky car. And when you consider the warm weather factor, it’s even more appealing to leave the gas-guzzler home and “scoot” to work or the store.

The numbers have gone up dramatically in just the past few years for electric scooters from Lime, Bird and Bolt, the three major players in the booming scooter rental and sharing industry.

Hundreds and hundreds of electric scooters are buzzing all over the city and Broward county, and they are having an impact on traffic and safety. Many residents are complaining that scooter riders are not obeying traffic signs and laws, and they are a menace to other drivers. Some scooters are riding on sidewalks, which many people feel is very dangerous to pedestrians.

Lawsuits are being filed against the three companies including one naming Lime for a very serious accident that left a scooter rider in a coma.

The big question of course is about insurance and liability. And our advice is, of course, is that it’s better to be safe than sorry. Here is something from the National Association of Insurance Scooter SafetyCommissioners:

Before you decide to rent a scooter, you should understand the insurance implications and know whether you are covered.

Some cities, like San Francisco, require scooter rental companies to obtain a permit from the city and provide proof of insurance before they can operate legally. Unless the company policy indicates otherwise, assume you are not covered in case of an accident. You should rely on your health insurance for any medical injury you sustain. In case of an accident, you might not have any coverage if you are found liable for an accident or damage.

Check your insurance policies to determine whether you are covered. Automobile insurance generally omits liability coverage for motor vehicles with fewer than four wheels, and it’s unlikely to apply to scooter rentals. Although most homeowners policies provide some liability coverage even while you are away from your residence, it may be limited or excluded because the scooter is a rental.

Like any new trend, these issues may not be specifically addressed in your policy, and coverage will depend on the carrier and the specific language in your policy.

Understanding Your Scooter Insurance Options

Scooter Insurance: Regulations and requirements vary by state — often depending on the engine size. Most scooter rental companies offer rentals with engines smaller than 50 cc. While most states do not require insurance for engines that small, they do recommend it. Scooter insurance will often cover the following:

Collision: Covers damages resulting from a collision.
Liability: Protects against damage you do to others or their property while operating a scooter.
Medical: Covers your medical costs in an accident.

We suggest if you are going to rent a scooter that you check to make sure you have coverage. We also highly recommend you wear a quality helmet and that you become familiar with how to operate a scooter before you take it out into traffic. As the number of scooters increases, so will the accidents and injuries. Please be careful.


The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Lazarus Law Firm via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Lazarus Law Firm. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Move Over, Slow Down! Fort Lauderdale Accident Attorneys

A very dramatic video in the news this week (below) reveals two very important facts that every driver should be aware of: (1) Our dedicated Florida Highway Troopers and other first responders are so dedicated to our safety that they put themselves in harms way every day for us, and (2) all drivers need to slow down when approaching emergency personnel doing their jobs on the road.

Trooper Mithel Patel spotted an out-of-control car approaching and pushed a citizen out of the way before he was struck and flung up into the air. Fortunately he was not seriously injured and the man he pushed to safety credits the trooper with saving his life. This video may be disturbing to some:

This is a perfect example of why Florida Statute 316.126 is so important and every Florida driver should be aware of what the statute says and should obey it at all times. Known as the “Move Over” statute, it pertains to slowing down and moving over when drivers approach emergency vehicles like police cars and fire-rescue vehicles stopped along the side of the road. The statute says if the speed limit is 25 mph or over you must slow to 20 mph and if the limit is 25 or under, you must slow to 5 mph.

Also, many people are not aware that the law also covers tow truck drivers and sanitation trucks and personnel. According to CNN Business the death rate for sanitation workers is higher than the rate for firemen and police officers.

The most common excuse police officers hear when a driver gets into a serious accident is “I was running late.” There is nothing more important than your personal safety and that of our brave public servants who go to work every day to protect our lives. The least we can do is show respect for their lives and slow down. Wherever you’re going will be there if you’re a few minutes late.

The Law Firm of Lazarus and Lazarus has been working with people involved in serious accidents for over 20 years and we urge everyone to slow down and drive carefully. If you are in an accident and have questions, we’re here to help. Call us at (954) 356-0006. 

• Lazarus Lazarus Uncategorized & Archives

The Power of Persuasion – Choosing a Personal Injury Accident Attorney

Did you ever go to a restaurant, look at the menu, but after several minutes you still don’t know what you want to eat? Sometimes a really talented server will recommend an entree with such descriptive and persuasive articulation that your mouth waters, so you order it and sure enough it’s delicious! Servers that good should consider going to law school because an important skill for successful attorneys is the power of persuasion.

Successful lawyers have many skills and abilities, but one of the most important is the ability to communicate, inform, explain, and persuade people. The ability to persuade goes beyond the courtroom theatrics we see on television, when an impassioned plea is made to a jury to spare the life of a defendant or something along those lines. In real life attorneys make phone calls, write emails, write motions to the court, and meet personally with other lawyers to obtain the best possible outcome for their client, often relying on their power of persuasion.

If you’re an iPhone or other Apple product user you probably look forward to the release of the next new computerFort Lauderdale Personal Injury Attorney or phone with great anticipation, and founder Steve Jobs introduced his latest and greatest gizmos with great fanfare. Many people believe Jobs was the greatest persuader of our time, and today the company continues the tradition he started with spectacular launch events. Enough people are persuaded to make Apple one of the top 10 richest companies in the world.

In the legal profession, we don’t have big publicity events to make our case. The courts have a very strict set of rules and guidelines to follow so our system retains the integrity that inspired the phrase engraved on the front of our United States Supreme Court building, “Equal Justice Under Law.” We’re not selling cell phones or cars, we are working to see that justice is done and that our clients receive the best possible outcomes while protecting their rights. In addition to being persuasive, attorneys must have the education, license, skills, and character to execute their duties according to the law and, in Florida, the rules and ethics established by the Florida Bar.

In addition to the ability to persuade, attorneys must have many other attributes and qualities, including compassion. We’ll write about more in the near future.

If you have questions about anything related to an accident or personal injury situation, we’re here to help. Call us 7 days a week at 954-356-0006.


The materials contained on this website have been prepared by Lazarus and Lazarus and are intended for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship.

Past results obtained by Lazarus and Lazarus attorneys are no guarantee of future results. Each case or matter is different and is judged on its own merits. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free, written information about our qualifications and experience.

Soft Tissue Injuries are Painful and Slow to Heal – Fort Lauderdale Accident Lawyers

If you were asked to name common injuries from automobile accidents, you would probably say cuts and broken bones. Those are common Lazarus Lazarus Archives & • Uncategorized injuries and they are usually the first to be diagnosed when the victim of an accident is treated on the scene by paramedics or later at the hospital. But soft tissue injuries to muscles, joints, tendons, and ligaments are really the most common, the most difficult to diagnose, and often the most painful and hard to treat.

A synonym for the word “soft” is “delicate.” These are areas of the body that are very sensitive to trauma. 

Soft tissue injuries include sprains, strains, bruises, and tendinitis. Under the category of sprains there are three levels:

Grade 1: Only some of the fibers in the ligament are torn, and the injured site is moderately painful and swollen. Function in the joint will be unaffected for the most part.
Grade 2: Many of the ligament fibers are torn, and pain and swelling is moderate. The functionality of the joint is compromised.
Grade 3: The soft tissue is completely torn, and functionality and strength on the joint is completely compromised. In most cases, surgery is needed to repair the damage.

Often soft tissue injuries do not become obvious until some time after the actual injury occurs, sometimes a few days or even a few weeks. Probably the most common and the most painful soft tissue injuries people experience after an auto accident are whiplash (neck) and other spinal injuries. If a car is jolted suddenly into movement, for example from being rear ended, the cervical (neck) spine can be seriously damaged.

How can a soft tissue injury be diagnosed and treated?

The science of medicine has become so specialized that going to a physician who doesn’t handle your specific issue may waste precious time and money. For example, years ago when you had an eye issue you went to an ophthalmologist. Today there are over 10 sub-specialties of ophthalmology including specialists for the retina, cornea, optic nerve, glaucoma, and cataracts. If you choose the wrong doctor, you will just be referred to another.

If you are involved in an auto accident and you feel fine at first, but later realize that “something just is not right” there is a good possibility you have some type of soft tissue injury. The Law Firm of Lazarus and Lazarus has been working with victims of car, truck, and motorcycle accidents for over 20 years and we have been fortunate to work with some of the finest doctors in the nation who happen to practice here in south Florida. We stand by our clients until they are connected to the medical specials who will truly improve their condition, heal their injuries, and lessen their pain.

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

Are Uber Cars Safe? Fort Lauderdale Accident Attorneys

& Lazarus Lazarus Uncategorized Archives •Uber was founded in 2009 and has grown to be the world’s largest ride-share company with over 5 billion trips completed, and the addition of UberEats, a food delivery service. While Uber’s growth has been amazing, it hasn’t been without controversy. Taxi companies in particular have challenged their business model, which competes with their share of the transportation market. Many taxing authorities have also resisted Uber because they were not subject to the same permit requirements as cabs and limousines. It seems a lot of that has now settled down, and Uber is apparently here to stay at least for a while.

You can click here to see Broward County’s regulations website page pertaining to for-hire vehicles, which includes “All for-hire vehicles that are permitted to operate in Broward County must be inspected by an ASE certified master mechanic or AATI master automobile technician from a licensed auto repair shop.”

But if Uber is not under the same guidelines as taxi cabs and limousines how do we know their cars are safe and their drivers are competent? A Florida Statute (627.748) covers insurance requirements for transportation network companies (like Uber) and Uber’s website tells drivers:

  • Depending on your city, your vehicle may need to undergo a 19-point inspection.
  • Vehicle inspections are required annually. You must have your vehicle inspected at least once every 12 months.
  • Please check that your vehicle meets your city’s Uber vehicle requirements before having your vehicle inspected.
  • It is your responsibility to make any repairs needed to pass the vehicle inspection. Please note that passing the vehicle inspection does not guarantee access to the Uber platform.

So the next time you tap your Uber app to request a ride, how will you know if the car has been inspected and is safe? Unless you want to request the driver provide you with all his maintenance records, you’ll have to take it on faith. Personally, I use a reversed version of the old adage “you can’t judge a book by the cover” and figure if the car is clean on the inside and out, appears well maintained, if the driver seems to have a professional demeanor, then chances are the brakes and tires are ok.

We have devoted a portion of our law practice to helping people who have been involved in accidents involving taxis, limousines, and ride-sharing vehicles. These incidents involve a special knowledge of how the law and insurance coverage works, so if you have questions about an incident that concerns you, please give us a call at 954-356-0006. We’re here to help.

 

Choosing a South Florida Auto Accident Lawyer

A hypothetical situation: You’re driving to Publix on a sunny Saturday morning and you’re stopped at a red light. Suddenly you’re hit from South Florida Accident Attorneybehind and your car is pushed forward! “What the heck was that?” you say as you look in your rear view mirror. There’s someone back there waving at you and they motion to pull over into a parking lot. So you move your car off the road and get out to look at your rear bumper as the other driver apologizes profusely. There’s only minor damage, but you’re a little shook up and confused about what to do. Most people have a tendency to want to be nice and so if the other driver urges you to write down his insurance company information and says “it’s minor, let’s not make a big issue about it,” you may be tempted to let it go. That might be a bad decision and here is why:

A couple days later you wake up in the morning and feel like your neck was judo chopped and you can barely get out of bed. What happened? It is quite possibly a delayed onset of whiplash, caused by an abrupt backward and/or forward jerking motion of the head, often as a result of a car accident. It is not unusual at all to feel fine for 24-48 hours after the actual trauma and then feel severe pain.

Some symptoms of whiplash:

  • Neck pain and stiffness.
  • Headaches.
  • Pain in the shoulder or between the shoulder blades.
  • Low back pain.
  • Pain or numbness in the arm and/or hand.
  • Dizziness.
  • Difficulty concentrating or remembering.
  • Irritability, sleep disturbances, fatigue.

Continuing with our hypothetical situation, you call the insurance company provided by the driver who hit you and they never heard of him. Strange, you think, he seemed like such a nice guy!

We’re going to go back to some issues we write about often because they’re important. When you are involved in an accident here are some dos and don’ts:

  • Do try to have a police report filled on scene, especially if you are certain the other driver is at fault.
  • Do not admit any guilt or even speak to others involved in the accident except to render aid.
  • Do take pictures of damage, insurance papers, license plates, the surroundings, traffic signs or anything that might be relevant to proving your point of view about what happened.
  • Do try to get the names and contact information for any witnesses who might help prove your side of the story about the accident.
  • Do not post anything on social media about the accident.
  • Do call a personal injury lawyer who specializes in accidents. Even if you think you are fine, you may have hidden injuries and the time to be screened for them is right away.

How do you choose an attorney?

  • Experience: Hiring one with experience in handling similar cases like yours.
  • Focus: Find one who is focused on your case and not juggling multiple cases at once.
  • Reputation: Reputation of the attorney in negotiating with insurance companies can play a major key in the amount of damages you receive.
  • Personality: Choose an attorney that you can get along with and also trust through the process.

There is never any obligation when you reach out to us at Lazarus and Lazarus to ask questions. Making the right decision about who will look out for your rights when you are injured in an accident is extremely important and we want you to take your time and make the choice that’s right for you. Call us at 954-356-0006 any time for a completely confidential consultation.

 

 

Fort Lauderdale Accident Attorneys

Carrying a Firearm in Your Car – Fort Lauderdale Auto Accident Attorneys

This article contains information about where to find details about Florida’s firearms laws and is not intended to be legal advice.

The issue of firearms owned and carried by private citizens is being debated in Florida from the panhandle to the Keys, and we hope something is done to make living in Florida safer for everyone. Because we deal with safety on Florida’s roadways we are sometimes asked about the legality of carrying weapons in a vehicle, and we find there is a lot of uncertainty about what is and is not permitted.

Florida is one state that permits people to carry a concealed weapon and it is Florida Statute 790.06  “License to carry concealed weapon or firearm” that covers that permitting. The Chapter that covers everything you could ever want to know about firearms in Florida is Chapter 790: Weapons and Firearms – and it’s a very, very long and complicated set of definitions, descriptions, laws, and penalties. If you’re going to be a firearm owner in Florida and you want to remain on the right side of the law we suggest you become very familiar with this chapter. A nationwide survey of firearms instructors found that many of them do not understand the firearm laws in their own state. As of 2017 there have been 16.3 million concealed weapon permits issued in the United States.

Click here to read Chapter 790, Florida Statutes.

Most people don’t know that in Florida, carrying pepper spray in more than a specified volume (2 oz.) of chemical requires a CCW (carrying a concealed weapon) permit, whereas anyone may legally carry a smaller, “self-defense chemical spray” device hidden on their person without a CCW permit.

Regarding carrying a weapon in your vehicle, this is a question commonly asked, but rarely able to be answered. You may keep, with or without a license, a firearm in your “private conveyance”, otherwise known as a vehicle if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use,” and as you can imagine the terms “securely encased” and “readily accessible” are subject to interpretation.

We do know that carrying a weapon in a vehicle sometimes leads to road rage incidents escalating to very dangerous levels, as in these two recent Florida situations:

Police: Florida man pointed 2 guns during road rage incident.

Gun-wielding, drunk 76-year-old driver arrested after road rage incident, deputies say.

We don’t give legal advice on our website, we just want Florida drivers to exercise good judgement and common sense when it comes to carrying weapons. Read and understand the law, because ignorance of the law is not an acceptable defense. Never mix weapons or driving with alcohol or drugs.

We work with victims of serious car crashes every day and our goal is to see that every client receives the maximum compensation for their injuries and damages as permitted by law. If you have been involved in an accident, please feel free to call us at 954-356-0006 if you have any questions about how to proceed. We will be happy to set up a confidential consultation and discuss your options.