Economic and Non-Economic Losses in a Personal Injury Auto Crash Case

A Thorough Investigation and Diligent Research are Essential for Maximum Compensation

When people are involved in a car, truck, or motorcycle crash their immediate concerns should be treating injuries and dealing with damages. Those priorities are important but in the days and weeks that follow any injury it is important to look into additional losses – economic and non-economic – that may have been sustained and that deserve compensation.

Initially victims of car crashes and other incidents involving injuries worry about covering their medical bills and their lost or damaged property. These are certainly substantial concerns, but it’s also important to look at all economic and non-economic losses and to address these issues immediately so there are no stones left unturned. This should be done as soon as possible because in all legal actions, time is important.

In a legal context, “time is of the essence” is a statement that may be included in the language of the provisions of a contract to emphasize that the parties must complete their obligations on time. In other words, the phrase “time is of the essence” means that timing is material to the performance of the contract. Cornell Law School

Examples of economic losses include:

  • Medical Expenses
  • Property Damages
  • Lost Wages
  • Rehabilitation Expenses

While economic losses refer to quantifiable financial expenses, non-economic damages refer to subjective, non-monetary losses. You may have frequently heard the term “pain and suffering,” and that’s what people are referring to. This includes compensation for:

  • Emotional distress
  • Physical pain and suffering
  • Loss of enjoyment of life
  • Diminished quality of life
  • Mental anguish
  • Loss of consortium (loss of spousal emotional or physical support)
  • Permanent disabilities and impairments
  • Permanent disfigurement

When you choose an attorney to handle your damage/injury it’s very important to select someone who is thorough and not just rush to a settlement for economic losses only.

Experience has taught us to probe deeply into every case a look for potential long-term effects, some which may last a lifetime. We fight hard for our clients to make sure they get the maximum compensation they deserve.

A consultation is free and easy to arrange. Please call us at (954) 356-0006 seven days a week.

Uber and Lyft Driver Screening and Supervision – Is it Sufficient for Adequate Safety?

Rideshare Accident Attorneys Lazarus and Lazarus

Fort Lauderdale and Weston, Florida

When you fly on any commercial flight you know the pilot has been trained and tested. They are regularly given drug tests, physical exams, and they must undergo constant and regular training to make sure their skills and knowledge are up-to-date.

What About Ride-Share Drivers?

According to the Uber website: Most people can drive with Uber. The requirements vary by city, but there are a few minimum requirements: Meet the minimum age requirement and be legally allowed to drive in your country.

Also:

Driver screening
After signing up, take a few minutes to complete a screening online. It’ll review your driving record and criminal history.

Specific information about how ride-share drivers are  screened, tested, and supervised is hard to find.

We know this: An Uber passenger paralyzed in a crash last year is suing the company hoping, he says, his experience leads to more oversight of ride-hailing companies.

He’s now suing Uber for $63 million, asserting the company doesn’t appropriately screen or supervise drivers.

Also this:

According to Uber, the company completes 14 million trips each day worldwide. The platform sees, on average, 91 million monthly active users and 3.9 million drivers.

In Florida, Uber estimates its impact on the state’s gross domestic product at about $1 billion, with a net impact on the state economy of $69 million.

What happens when someone is involved in an accident as a customer of Uber or Lyft? It can be confusing as to who is at fault. Who will pay the medical bills? Will there be money available for long-term care? What about lost wages from work?

All these questions and more are common after someone is injured in an accident while riding in an Uber or Lyft vehicle. We’re here with answers if you call 954-356-0006

Personal Injury Settlements

Personal Injury Settlement Amounts – How are They Determined?

Monetary Amounts for Pain and Suffering Vary According to Circumstances

If someone offered you $100 but you would have to endure an excruciating pain in your lower back for the rest of your life, would you accept it?

Of course not!

Personal Injury Settlements FloridaWhat about $1000? Still no. There is no amount that would be sufficient to accept a lifetime of agony so how does an insurance company or judge or jury decide how much to pay the victim of an accident for their pain and suffering? It’s a complex question and one that rarely has a satisfactory answer.

The process of determining what is reasonable and fair is one that Lazarus and Lazarus has engaged in thousands of times since 1992 and it’s one we don’t like to lose. We meet with clients who are often severely hurt by many types of accidents and we see firsthand what kind of damage is done. It’s very difficult to put a price on that pain and suffering, but it must be done to move forward to the process of healing.

People should understand that “pain and suffering” is a legal term that includes more than physical pain. There are emotional and mental injuries such as fear, insomnia, grief, and even the loss of enjoyment of life.

How Can You Maximize Your Settlement?

Getting the largest possible monetary settlement is where the skill and experience of your attorney are significant. Putting together all the facts and evidence into a convincing case requires diligence and a meticulous is the job of every personal injury attorney and it is our highest priority because it will most affect our client’s future.

The bottom line is that the amount of any settlement will be determined by the negotiations between the victim’s attorney and the insurance company and/or the decision of a judge or jury.

We will never make unrealistic predictions or promises because we believe every client deserves the truth. Please click here to read what our clients have to say about our service and results.

We are available 7 days a week to speak with you about your situation if you call 954-356-0006.

Personal Injury Attorneys in Weston and Fort Lauderdale, FloridaSince 1992

Personal Injury Settlement Amounts – How are They Determined?

south florida pharmacy error attorneys

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.

 

Neck Injury Personal Injury Attorney

Injuries Resulting From Low-Impact Collisions

Low Impact does not Mean Low Injury

You may remember from science class in school that there were some very smart people throughout history who gave thought to things we “normal” people don’t think about. One such person was Sir Isaac Newton, and his theories about gravity, motion, and optics profoundly impacted the study of physics and are involved in our daily life.

Your elbow bumps a cup of coffee on your desk, and it falls to the floor. We don’t think about it, but Newton’s observations and theories of gravity and motion explain exactly what happened and why.

You’re sitting in your car at a red light and someone strikes you from behind. The laws of physics are involved here as your body is thrust forward, you experience sudden stress to your neck, shoulders, hips and head.

Newton looked at simple occurrences in life and reasoned that there must be a way to calculate the forces of nature using scientific methods. In the case of a moving object striking an object at rest, he reasoned correctly that two factors are important to determine the force (F) of the impact, and those are speed, or acceleration (a) and the weight, or mass (m) of the moving object.

Read more “Injuries Resulting From Low-Impact Collisions”

Fort Lauderdale Injury Attorneys

Large Law Firm or Small Law Firm – How to Choose an Attorney to Represent You

Personal Injury Attorneys in Fort Lauderdale, Florida

Lazarus and Lazarus

Reputation, Reviews, and Results – Add them up and Make Your Decision

Every day people make decisions about what to buy. At the grocery store we might buy a product based on its appearance, price, or because it’s the product we had in our home our entire life. Perhaps a television commercial convinced us to buy a particular or maybe a review we saw online.

Fort Lauderdale Injury AttorneysDifferent products and services are purchased either frequently or infrequently. You buy food every week, go to the dentist probably once a year, and buy a car every three to five years, or longer. The average driver is in an accident every 17 years so looking for an attorney is not a familiar experience for most people. When you choose an attorney to protect your rights to compensation for damages and injuries you want to be very careful.

You may consider is hiring a large law firm, or you may consider a small firm. Let’s look at both.

Large law firms have many attorneys and often have offices in many cities in large office buildings with marble and glass. They advertise their services on billboards along the highway and on TV commercials. Clients usually meet their attorney once and after that they deal with assistants.

Small firms offer more individualized service and don’t spend a lot of money on advertising because many clients come through personal referrals, one client telling a friend who is in need.

The law firm of Lazarus and Lazarus is proud that we have earned a reputation for excellent personal service, knowledge of our primary area of expertise (injuries resulting from accidents), and results. We have many 5-star reviews on the internet and we are particularly proud that many of them are at Avvo.com, the internet’s most trusted source for attorney information. We have been working hard for our clients in the Fort Lauderdale area since 1992.

Our clients know they can call us 7 days a week and speak directly with Gary Lazarus or Arleen Lazarus about their case. Our experience has instilled in us a great empathy for the issues and problems that people experience when they are injured because of someone else’s carelessness. Medical, financial, and emotional distress are common and we have been walking people through them since 1992.

Call us at (954) 356-0006 if you or someone you know has been hurt in any type of accident. We are here to help.

Fort Lauderdale Injury Attorneys

 

 

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

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.