Tag Archive for: personal injury claim lawyer in Ft. Lauderdale

boating crash injury lawyer in Ft. Lauderdale FL

Reckless and Careless Boating in Florida

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Just like driving a car, it is important to exercise care when operating a boat. Unfortunately, every year there are accidents caused by reckless or careless boaters.

Reckless or careless boating in the state of Florida is governed by Florida statute § 327.33.

The state of Florida has no special boating licensing requirement and it has very few safety training requirements. Nonetheless, Florida law prohibits operating a boat in a reckless or careless manner. Florida statute § 327.33 defines reckless or careless boating as operating a boat, “in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure a person…”

The statute goes on to say that a boat operator must operate their boat in a “reasonable and prudent manner.” The operator must have “regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances. . .” Further, it requires boat operators comply with
the rules of navigation.

Boating Accidents in Florida

Each year, the state of Florida has more boating accidents than any other state. The most common causes of these accidents are boat operators do not understand the dangers of boats vs. cars or do not understand boat’s rules of the road and safety laws. While it is not required by law, boating education is the key to limiting boat accidents. As a result of the lack of legal requirements, many boat operators do not have the specialized knowledge needed to operate the vessel they are behind the wheel of. Boat drivers also need to understand the operating characteristics of boats that are heading toward them.

There are other safety procedures that can be used to eliminate or limit boating injuries. These include wearing life jackets or using “kill switches.” Kill switches turn off the engine if the boat operator is thrown from the driving position.

According to the U.S. Coast Guard, over 4,500 boating accidents occur in the United States each year. The Florida Fish and Wildlife Commission reports that 834 boating accidents and 73 boating related deaths occurred last year. This includes four missing persons who have not been accounted for. Florida has nearly 900,000 registered boats and nearly 1,000,000 non-registered boats. This makes Florida one of the top states for recreational boating. Not surprisingly, this also makes Florida one of the top states for boating accidents in the United States.

For example, in 2014, 51 boaters died. This included many that fell overboard. Drowning is the most frequent case of death while boating. It makes up 70 percent of all boating deaths. Boaters falling overboard are at significant risk of drowning, particularly if they are not wearing a lifejacket or other personal flotation device.

Have You Been Injured?

An operator of a vessel may be liable for damage caused while under the operator’s control. An experienced, qualified personal injury will assess the nature of your injury, the applicable laws and appropriate jurisdiction for your case. Whether your case is governed by the laws of Florida, or federal maritime law depends on the location of the accident. The statute of limitations and other rules vary between federal maritime laws and the laws of Florida. The attorneys at Madalon Law are well versed in both.

Poor decision making by boat operators can result in careless or reckless driving. One of the most common poor choices boaters make is operating a boat while under the influence of drugs or alcohol. Other poor choices include, but are not limited to, the following:

Operating a boat at a high rate of speed, including slamming into a big wave at a high rate of speed;
Crashing into other boats or objects;
Weaving the boat through congested traffic;
Overcrowding the boat; and
Allowing passengers to ride where they are in danger of falling overboard.

Boat operators are required to have proper safety equipment on the boat. Boaters should also be aware that any violation of the Federal Navigation Rules is also a violation of Florida law.

The Florida Fish and Wildlife Commission

According to the Florida Fish and Wildlife Commission, its officers, county sheriff deputies and other law enforcement officers may stop any boat to check compliance with safety equipment requirements. Those officers may also order the removal of any boat deemed a hazard to public safety and enforce all boating laws.

In the event of a boating accident, the boat operator must not leave the scene without first rendering whatever aid is appropriate. The boat operator must also provide notice to the Florida Fish and Wildlife Commission, the appropriate sheriff department or police chief of the municipality of the accident if there is a personal injury, death, disappearance of a person or damage to the boats or personal property of at least $2,000. Boat operators involved in an accident must provide his or her name, address and the identifying number of his or her vessel to the owner of the damaged property or other vessel.

Damages?

Individuals that are injured as a result of the negligence of a vessel operator may be entitled to compensation. This includes damages for pain and suffering, medical bills and lost wages. The laws governing recovery depends on a number of things, including the role of the plaintiff, was he or she an employee of the boat operator or a guest? It is also important to note that if the accident involves ignorance of the so called “Rules of the Road,” such a violation may give an injured party a rebuttable presumption that the boat operator is liable for any damages.

Boating Accident Attorneys

Qualified and experienced attorneys skilled in the area of Ft. Lauderdale boating accidents must be retained by plaintiffs involved in boating accidents. Maritime law is very different from land based law. It has its own pleading requirements and filing deadlines. The attorneys at Madalon Law have litigated boating cases in both state and federal court. If you have been injured in a boating accident, contact our office for a free consultation to discuss your case. There is no fee unless we recover for you.

personal injury claim lawyer in Ft. Lauderdale FL

Different Types of Personal Injury Cases

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There are many different types of personal injury cases. Personal injury claims stem from either negligence or intentional acts. A qualified, experienced attorney can help guide you through the legal process and help assure you the best outcome for your case. If you have been injured through the negligence of another, you may be able to pursue one of the following types of personal injury cases:

Medical Malpractice

There are a number of issues to consider in a medical malpractice case. It is not enough simply that a mistake was made. Instead, a series of conditions must be met. First, there must be a doctor-patient relationship. Second, the treatment provided fell below the accepted medical standard of care. Third, the medical professional’s negligence caused the harm to the patient. And fourth, the patient suffered harm as a result of the negligence by the medical professional.

Vehicle Accidents

Vehicle accidents are a common source of personal injury cases. Both drivers and passengers may have a claim against an insurer if they have been injured in a car accident. Similarly, pedestrians are frequently entitled to compensation, with limited exceptions, if they are injured by a motor vehicle. Claims aren’t just limited to cars. Motorcyclists, and even bicyclists can both be injured in, and responsible for, vehicle accidents.

Workplace Accidents

Workplace accidents are not treated like other personal injury cases. Instead, they are covered by workers’ compensation and the rules of that system. Both injuries and death incurred on the job are compensable under workers’ compensation claims.

Defamation, Slander, and Libel

Defamation is a broad category that covers both libel and slander. It occurs when someone communicates something that is harmful to a person’s reputation or livelihood. Slander occurs when that defamation is spoken verbally. Libel occurs when that defamation is written or published. It is important to understand that defamation is a false statement of fact, not opinion.

It is also important to distinguish between public figures and private figures. In brief, private figures claiming defamation need only prove that the defamer acted negligently, while public figures claiming defamation must prove the defamer acted intentionally or recklessly.

Wrongful Death

If a person dies and it is the fault of another person or business entity, survivors may have a claim for wrongful death. Wrongful death claims compensate for any survivors’ loss. This can include lost wages, funeral expenses and lost companionship.

Wrongful death claims can involve a wide variety of fatal incidents from a car accident to complicated medical malpractice cases. People, businesses, and government agencies can all be found legally at fault for acting negligently or intentionally.

Harmful Drugs

When drug manufacturers market harmful drugs, they can be subject to government fines and lawsuits by consumers injured by those drugs.

Lawsuits against drug manufacturers frequently arise when those companies market drugs for unapproved uses.

Product Liability

Dangerous and defective product cause thousands of injuries a year in this country. Product liability law hold manufacturers and others responsible for dangerous or defective products and is different from other personal injury law. These laws may make recovery of damages easier for an injured person.

In general, all sellers in the distribution line of the defective product can be found liable for the consumer using the defective product. The distribution line may include the manufacturer of the product, the manufacturer of the products parts, the group that assembles the product, the products wholesaler, and the product’s retailer.

The law requires products meet the ordinary expectations of a consumer. When this expectation is not met and the consumer has an injury as a result, a product liability claim may be appropriate. The injured party need not be the purchaser of the product to make a product liability claim.

Dog Bites

According to a report by the Centers for Disease Control and Prevention (CDC), 4.5 million dog bites occur annually in the United States. Further, approximately one in five of those bites will become infected

Children and men are most at risk of being bitten by a dog. Over half of all dog bites occur in the home by dogs that are familiar to the victim of the bite.

Should you be injured by a dog bite, document as much about the bite as possible, including all medical treatment. This will assist your attorney in a future lawsuit and ensure that you receive a full financial recovery.

Slip and Fall

Business owners and employers have a responsibility to provide a safe premises to the public. Slip and fall accidents can occur in the workplace or in a public space, including businesses. Common causes of slip and fall accidents include slippery floors, improperly maintained sidewalks, construction site hazards and broken stairwells. Slip and falls can result in a wide variety of injuries from minor to fatalities.

If you are injured in a slip and fall accident, seek whatever medical attention you need immediately. Medical reports will help your case by keeping a record of your injuries.

If you are able, use your phone to take pictures of the scene of your injury. If you are unable, ask a friend to take the pictures or return to the scene later to take photos.

Assault and Battery

While most personal injury claims are the result of negligence, assault and battery claims are the result of an intentional act. Assault and battery cases often involve criminal charges, but a civil lawsuit can also be brought.

Assault occurs when the defendant’s action cause a person to reasonably believe they are in imminent danger of harm. A battery occurs when one person actually strikes another, directly or indirectly, causing harm or injury.

Assaults and battery frequently arise from the same event, but that is not necessarily always the case. It is possible, for example, for there to be an assault without a battery. Similarly, particularly if attacked from behind, a battery can occur without an assault.

Contact Madalon Law

Whether you have been injured due to medical malpractice, a vehicle accident, a faulty product, a dog bite, harmful drugs, or slipped and fell, you may be entitled to compensation for your injuries. Similarly, if you have lost a loved one due to one of these categories of injury, you may be entitled to compensation. Contact the hard-working Florida personal injury attorneys at Madalon Law for a free consultation. There is no fee unless we recover on your behalf.

personal injury attorney in Ft. Lauderdale Florida

Protecting Yourself From Dog Bites

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The Centers for Disease Control and Protection (CDC) has issued a report on protecting yourself from dog bites. According to that report, in the United States approximately 4.5 million dog bites occur each year. Making it even worse, roughly one in five of those dog bites will become infected. It is important that you take steps to avoid being bit by a dog. In the event you are bit, it is also important to treat it appropriately to avoid infection.

In the United States, dogs are in our homes, and play with our children. Dogs are proven to reduce stress, and they have been shown to increase the amount we exercise. However, dogs do bite humans. This can cause nerve damage, pain and infection. With just a few precautions, you can greatly reduce your chances of being bitten by a dog.

How Can I Prevent A Dog Bite?

If you want to avoid being bitten by a dog, there are some simple steps you can take. Here are some do’s and don’ts as described by the CDC:

Do’s:

If the dog came from a house, let an adult at the home know if their dog is behaving strangely;
Stay still if an unfamiliar dog comes toward you; and
If you are knocked down by a dog, curl into a ball, tuck your head, put your hands over your neck and ears.

Don’ts:

Bother a dog that is caring for her puppies, a dog that is sleeping, or a dog that is eating;
Approach a dog you are not familiar with in the first place;
Turn and flee from a dog;
Touch a dog before it has had a chance to see you and sniff you;
Make loud noises or panic;
Allow your dog to be aggressive toward other unfamiliar dogs; or
Allow small children to play with even a familiar dog unsupervised.

Which People Are Most Likely to be Bitten By a Dog?

According to the CDC, the following people are most likely to be bitten by a dog:

Children. The age group most at risk are children ages five to nine. Dog bites to children are more likely to require medical attention than dog bites to adults.
Men. Statistics show that dogs are more likely to bite men than women.

Where Do Dog Bites Occur Most Frequently?

Interestingly, most dog bites – over half – occur in the home by dogs known by the victim of the dog bite. Clearly, having a dog in the house increases the likelihood of a dog bite in both children and adults. Further, additional dogs in the house increases the likelihood of a dog bite occurring in the household. For example, according to the CDC, adults that have two or more dogs in the house are five times more likely to be bit by a dog than adults that have no dogs in the home.

What Should I Do if I am Approached by an Unfamiliar Dog?

There are steps you can take to avoid an interaction with an unfamiliar dog. The CDC recommends the following:

Do not make eye contact with the dog;
Do not move;
Remain calm and do not panic;
Using a firm voice, say “Go Home” or “No”;
Turn your body to the side – some dogs may think you are being aggressive if you face them, like you are trying to “square off”;
If you think the dog may attack, put your hands on your neck with your elbows in; and
Either back away slowly or wait for the dog to pass by.

What if I am Attacked or Bitten By a Dog?

If the worst case scenario occurs and you are attacked or bitten by a dog, the CDC makes the following recommendations to minimize the harm to you:

Try to protect yourself by using anything you have on hand. This could include a jacket, purse or bag;

As stated above, curl up with your head tucked in and your hands on your neck and ears if you are knocked down;

Once you are in a safe location you need to tend to any wounds. Do this by washing immediately with soap and water. If necessary seek medical attention, especially if:

The wound is serious. This would include: exposed muscle or bone, bleeding that cannot be stopped, extreme pain and loss of use;

If the bite is deep and you have not had a tetanus shot in the last five years; or

If you develop a fever or the wound becomes swollen, warm, red, or painful.

Contact your local police department or animal control agency to report the incident. If you are bitten by a dog, you are at risk of getting rabies. Reporting is particularly important if:

The dog is acting odd or appears sickly.
It is unclear if the dog has had its rabies vaccine.

Try to reach out to the dog owner, if possible. Find out if the dog is up to date on its rabies vaccination. Get the owner’s name, address and phone number. You will also need the name of the veterinarian who gave the vaccine and the rabies vaccine license number.

Is There Danger of Disease From a Dog Bite?

Dog bites cause the obvious, visible wounds, that can be very serious. But the diseases that can be caused by dog bites can be just as serious. These can include, but are not limited to tetanus, rabies (one of the most serious diseases from a dog bite), MRSA (a type of staph infection), and Pasteurella (another form of bacteria). Watch any injury for signs of swelling, redness or tenderness. Do not delay seeking medical attention if there is any chance you are suffering from a dog bite related disease.

If You Have Been Bitten By a Dog

If you have been bitten by a dog, you may be entitled to compensation for your injuries. Contact the dedicated and skilled personal injury lawyers in Ft. Lauderdale at Madalon Law to discuss your situation at no charge.

boating crash injury lawyer in Ft. Lauderdale FL

Consider the Coast Guard’s Boating App As Part of Your Safety Plan

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If you are an avid boater, consider a boating safety app for your phone. The United States Coast Guard offers a boating app that has the following features:

The ability to report a hazard;
The ability to report suspicious activity;
The ability to report pollution;
The ability to locate the nearest National Oceanic and Atmospheric Administration (NOAA) buoy;
Access to Navigation Rules;
A guide to checking your safety equipment;
The ability to request a vessel safety check;
The opportunity to review the latest safety regulations;
The ability to file a float plan; and
The ability to request emergency assistance.

The Coast Guard is the boating safety coordinator for recreational boating. They work to minimize environmental harm, property damage, personal injury and loss of life. This is the first app created by the Coast Guard for preventive boater safety. The app provides the information and essential services that are most commonly requested by boaters. The app is available in Apple’s App Store for iOS devices, and on Google Play for Android devices.

The Story Behind the App

This app was born out of tragedy.

At the age of 17, Mr. Julian Romero joined the Coast Guard Auxiliary, which is an all volunteer group that supports the Coast Guard. At the time, Julian was the youngest Auxiliarist at Sector San Juan, according to his father. He studied at the Massachusetts Maritime Academy for one year, before transferring to the InterAmerican University in Puerto Rico. His plan was to join the active duty Coast Guard while studying to be a lawyer. On April 18, 2011, tragedy struck. Julian and his girlfriend went for a walk in the Old San Juan area of Puerto Rico. They were robbed at knifepoint by a 14 year old boy. Julian died of injuries while attempting to protect his girlfriend from the assault.

Because of Julian’s passion for the Coast Guard, his father Luis reached out to the Coast Guard and asked if he could sponsor a boating safety app for them. Julian did a lot of boat safety work in the auxiliary. Luis says, “In the Coast Guard, Julian found a great family. That same family was very good to us. When our son died they came to our help, and we came together to get through it as a family.”

The app was funded by Louis Romero, from Puerto Rico. Mr. Romero funded the app in honor of Julian’s memory. In addition to funding the creation of the app, Mr. Romero has committed to fund all updates and other support for the app’s lifespan. Mr. Romero notes that the app mirror’s his son’s drive to save lives and help others.

Location Services

Users have the option to enable or disable location services. When enabled, users can report locations of hazards on the water. They can also use location services to receive the latest weather reports from the closest National Oceanic and Atmospheric Administration weather buoys. The location services feature also allows boaters to call the closest Coast Guard command center in an emergency. When the app is not being used, neither the Coast Guard nor the app track the user’s location.

Safety Check

The Coast Guard offers safety checks for your boat. With this, you can request that the Coast Guard Auxiliary come to you to perform a safety check. This can save you time and keep you and your family safe.

Safety Equipment

The Coast Guard app includes a list of safety equipment. The list is based on the size and the propulsion of the boat.

Float Plan

If you forgot to file your float plan before you left, it is not too late! With the app, you can file your float plan and send it to your friends and family alike. The app allows the filer to provide details such as the estimated time of arrival, the description of the boat, a passenger list, a list of food and water on board, and the checklist of safety gear available on the boat. These details can assist the Coast Guard if an emergency presents itself and a boater is in trouble. The float plan is not sent to the Coast Guard directly. Rather, the idea is to forward the plan to friends or family, who could provide it to the Coast Guard in the case of an emergency.

State Boating Information

You can use the app to find information about boating that is state specific. This can come in quite handy during long trips.

Rules of the Road

The app includes detailed information about the rules of boating and boating safety.

Reporting Abilities

You can report pollution, suspicious activities, and possible hazards directly to the Coast Guard. As an example, the Coast Guard cites a situation where someone reported a submerged vessel that was blocking their way. The app allowed the reporter to provide a picture, longitude, and latitude to the Coast Guard.

Cautionary Note

This app is not intended to replace a marine VHF radio. The Coast Guard strongly recommends that all boaters have a marine VHF radio on their vessels. Additionally, this app is not intended to replace an Emergency Position Indicating Radio Beacon (EPIRB). This app is not a substitute for safe boating safety classes or the boater’s best judgment in a given situation. This app is simply designed to provide additional boating safety resources. According to Captain Joe Raymond, who is commander of the Coast Guard Sector Puget Sound, “The release of this mobile application is a step forward for the Coast Guard as we embrace new technologies. The intention is to make the information and resources more accessible to the boating public.”

If You Have Been Injured While Boating

If you have experienced an injury while boating, or if you have lost a loved one due to a boating incident, you may be entitled to compensation. Contact the experienced Florida accident attorneys at Madalon Law to discuss the facts and circumstances of your particular situation.

cruise ship accident attorney in Ft. Lauderdale FL

Cruise Ship Hazards

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Many Americans enjoy taking cruises. One of the best things about a cruise is the ability to unpack once, but visit several different destinations. Sunshine, ocean breezes, exotic destinations, food, and drink are just some of the other reasons cruises are so popular.

There can be a downside to cruises, however. Cruise ships bring with them a number of potential hazards, which can be the source of injuries, or even death.
These can include the following:

Fire;
Assault by a passenger or crew member;
Drowning accidents;
Falling from great heights;
Accidents that occur on excursions;
Outbreaks of diseases;
Running aground;
Modern pirates;
Cruise ship collisions; and
Weather hazards.

Fire

Fires onboard a cruise ship are more rare than other hazards, but they do occur. When they occur, they can be terrifying. Fires can cause a great deal of damage to a ship. It also puts passengers at risk from smoke. If a fire starts in the boiler room, for example, the smoke can get into the vent system and put passengers at risk of smoke inhalation.

Assault By a Passenger or Crew Member

Violent assaults do occur on cruise ships, including sexual assaults. Alcohol flows freely on a cruise and some people get violent when they drink. A study has shown that the rate of sexual assault on cruise ships is 50 percent higher than it is on land.

Drowning Accidents

Cruise ships often have hot tubs, pools, wave pools and slides as well as other water attractions. Frequently, these areas do not have lifeguards on duty. This puts guests in danger of drowning. Do not let children use the water attractions without supervision. Also, adults should avoid water attractions after consuming excessive amounts of alcohol. Near-drowning accidents can also be an issue.

Falling from Great Heights

Falling overboard is the most obvious falling hazard on a cruise ship, but it is not the only one. Cruise ships also have internal ramps, balconies, and other level changes of significant height. This can lead to falls significant enough to cause injury or even death.

Accidents That Occur on Excursions

One of the most exciting things about cruising is the ability to leave the ship and experience exotic port cities and the areas around them. However, injuries can occur if a tour or other excursion experience is operated negligently. Depending on who is operating the excursion and who is negligent, you may or may not have a claim against the cruise line operator. A qualified and experienced attorney can help make this determination.

Outbreaks of Disease

Serious illness can spread throughout a cruise ship rapidly. Passengers use common dining areas and are in close proximity for the duration of the cruise. Onshore excursions can result in passengers being exposed to diseases they then bring back to the ship. Not every cruise ship has effective cleaning protocols, which can also lead to the rapid spread of serious illness.

Running Aground

Although rare, cruise ships have run aground. For example, off the coast of Italy in January 2012, a cruise ship ran aground. The ship was left lying on its side for an extended period of time. 32 people were killed and many more were injured in this incident.

Modern Pirates

Modern pirates are most commonly associated with oil tankers off the coast of Africa than they are with cruise ships. However, pirates have captured cruise ships – particularly smaller cruise ships – in the past. For example, 60 passengers on the Celebrity Eclipse were captured by pirates in 2013. Fortunately, in the end, no one was hurt in that situation.

Cruise Ship Collisions

Cruise ships collisions are rare, but when the do occur, they can cause severe, or even deadly injuries. Collisions can involve underwater debris, icebergs (hello, Titanic!), collisions with other ships or barges. The consequences of a cruise ship collision can be devastating for anybody onboard. A cruise ship collision frequently involves a significant number of injuries, and can also result in death due to injury or drowning, should someone be knocked overboard.

Weather Hazards

Weather hazards present a unique challenge to cruise ships. With modern weather forecasting and technology, severe weather hazards can usually be avoided, but not always. Hazardous weather is a concern for all ship captains. The journal of Meteorological Applications issued a report on the impact of severe weather on U.S. Navy ships. The report found that high waves, strong winds, thunderstorms and fog are the most significant weather hazards to ships. When ships are near ports, these hazards can be particularly dangerous. Ships may be required to navigate under or around bridges and other structures during severe weather, which can increase the potential for injury. Adding to the danger around ports, there are an increased number of ships, greatly increasing the risk of collision with another vessel.

It is almost inevitable that a cruise ship will encounter bad weather either at sea or in port. The issue then becomes are they equipped to handle the weather. There have been cases where passengers have been killed by weather hazards. For example, in 2010, 26-foot high waves crashed through the windows of the cruise ship Louis Majesty when the ship was off the coast of Spain. This resulted in the deaths of two passengers and injured 14 others. In 2014 a huge wave hit the MS Marco Polo cruise ship, shattering several windows and killing one elderly passenger. These massive waves are rare, but they do occur. Large waves are sometimes referred to as “rogue waves” because they seem to come out of nowhere and are completely unexpected. Rogue waves can sometimes reach heights around 100 feet.

If You Have Been Injured on a Cruise Ship

If you have been injured on a cruise ship, you may be entitled to compensation for your injuries. This can only be determined after a detailed conversation about the facts and circumstances of your particular injures takes place. At Madalon Law, we offer an initial consultation at no cost to you. In fact, if we take your case, we only charge you a fee if we win. Contact our determined cruise ship accident lawyers in Florida today to discuss your case.

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Following a Personal Injury Claim Through the Process

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Unless you are a lawyer or work in a law firm, it is unlikely that you understand how a personal injury claim works its way through the system. This blog post seeks to walk you through the process from start to finish.

A Visit with your Florida Personal Injury Attorney

The first step in a personal injury case is determining whether or not you have a claim. Some common types of claims include the following:

Car accidents;
Motorcycle accidents;
Slip and fall accidents;
Medical malpractice;
Amusement Park accidents;
Dog bites;
Injuries due to negligent security; and
Hotel accidents.

This is just a list of examples of the types of injuries which could result in a claim. If you are unsure whether or not you have a claim, it is a good idea to speak with an attorney to assist you.

Proceeding with a Claim

Once your Florida personal injury attorney determines you have a claim, they will begin the legal process. Your attorney will require information from you, including medical records and statements from you, and others who have observed your injuries.

In addition to determining the extent of your injuries, your personal injury attorney may contact the attorney for the insurance company in an attempt to settle the case without the need for filing a case in a court of law. Alternatively, depending on the facts and circumstances of the case, your attorney may proceed to filing a claim in court. The court will issue a scheduling order for the parties.

The Contents of a Scheduling Order

Once the scheduling order has been issued, the following steps will occur:

Plaintiff (the injured party) provides the defendant (frequently an insurance company) with “discovery” (Discovery is a legal term that basically means “the evidence that proves you were hurt, and how much money it has cost and will cost to make you whole,” also known as “damages”);
Plaintiff may be deposed (interviewed under oath by an attorney for the other side);
Plaintiff provides a preliminary list of witnesses;
Defendant provides preliminary witness list;
Expert witnesses are identified and disclosed to the other side;
The date of the pretrial;
Final witness lists;
The date of the trial.

Things that Happen Between Filing and Trial

It may come as a surprise that most cases do not actually go to trial. Rather, most cases settle at some point between the plaintiff providing the defense the evidence they have, and the time of the trial. This can happen based on a number of different factors and can include:

A negotiated settlement between the parties;
As a result of arbitration, either binding or nonbinding;
As a result of mediation.

A Negotiated Settlement

Many times, after a careful review of all the evidence, the lawyers for the insurance company will make an offer to settle the case. When this occurs, you can be sure your personal injury attorney will take that offer as an opportunity to attempt to negotiate a higher settlement. Once your personal injury attorney believes he has negotiated the best offer he can for you, your attorney will convey the offer to you. While your attorney is entitled to an opinion on whether it is a good offer or a bad offer, or whether you might be able to get a better settlement after a trial, it is your decision, and your decision alone as to whether or not to accept the offer.

Arbitration

Under the laws in the state of Florida, the court can refer civil actions, such as personal injury cases, to something called “non-binding arbitration.” Arbitration can include a single arbitrator or a panel of arbitrators, who hear the case. While evidence is presented, including testimony, documents, and exhibits, the hearing is significantly less formal than a trial. The arbitrator or the panel of arbitrators will issue their decision in writing. Because arbitration is generally nonbinding, the parties may accept the decision or they may decide to take the case to trial.

The parties can also enter into binding arbitration. The procedures are the same as in nonbinding arbitration, but the arbitrator’s decision is final. It can only be appealed within limited circumstances.

Mediation

Mediation is also an option which may lead to case resolution, except in cases of medical malpractice. The statutes in Florida specifically exclude medical malpractice claims from mediation. Mediation involves a neutral third party. The mediator’s role is to help the parties identify issues, and works towards joint problem solving. The mediator can also explore settlement alternatives that might best suit the unique facts and circumstances of a given case. Mediators, unlike arbitrators, do not issue a ruling. Instead, they decision making authority rests with the parties. Mediators can often help parties come to a voluntary, mutually acceptable resolution. However, they are not allowed to impose their will on either party.

What to Consider When Deciding Whether to Accept an Offer

There are many things to consider when deciding whether or not to accept the offer. The amount offered is one consideration. However, there are other factors that you cannot put a price on. For example, the stress of a trial is a consideration. Additionally, the fact that the case will continue on for weeks or months, instead of resolving now. When a case goes to trial, the jury or judge decides the appropriate dollar amount to award as damages. It may be higher than the amount offered, but it may also be lower than the offer. Finally, in many cases, an award made after a trial can be appealed by the insurance company if they don’t think the amount awarded was just. This will delay your claim even further.

Trial

If, and only if, none of these measures settles, the case will it go to trial.

What to Do if You Think You Have a Claim

If you have sustained an injury, or if you have lost a loved one in an accident, contact the experienced Florida accident attorneys at Madalon Law. They will meet with you at no charge to discuss the facts and circumstances of your case.

personal injury claim lawyer in Ft. Lauderdale FL

Different Types of Compensation You May be Entitled to in Your Personal Injury Case

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If you have been injured in an accident, or if you have lost a loved one due to a personal injury, you may be entitled to compensation. In the state of Florida, compensation comes in two forms: economic damages and noneconomic damages. Economic damages include such things as medical expenses, past lost income, future lost income, the cost of repair or replacement for items lost, and other economic losses that would not have occurred but for the injury.

Past Medical Expenses

You may be entitled to be compensated for past medical expenses. Medical expenses include such things as the following:

The cost of your hospitalization;
The cost of your laboratory tests;
X-rays;
CAT scans; or
Any other procedure that was done in the hospital in order to treat your injuries.

It also covers ongoing medical care. This is not limited to seeing your primary physician. It also covers such things as seeing a physical therapist or, where appropriate, seeing a chiropractor to address your injuries. Your medical expenses also cover prescription medication, as well as durable medical equipment. If you are required to use crutches, or purchase a brace, or any other medical device to assist you in your recovery, this cost would be covered. Mileage to and from your medical appointments is also considered a compensable expense in the state of Florida.

Future Medical Expenses

Future medical expenses are also compensable. Your lawyer, in conjunction with your treating physician, will make a determination, based on the best evidence available to them, about how much further medical care you may need. This will be included in either a negotiated settlement or requested at a trial.

Past Lost Income

If you lost income because you were out of work for your injury, you are entitled to recover that income. This is not only limited to days that you were not paid, but also covers those days when you are required to take sick leave in order to either recover from your injuries, or attend medical appointments. We have previously discussed the importance of keeping a personal injury diary on this blog. Your personal injury diary will provide a clear indication of when you sought medical attention due to the injuries at hand, rather than the use of an ordinary sick day.

Future Lost Income

If it is evident that you will not be able to work for the foreseeable future, you are entitled to recover future lost income. Your attorney, along with an expert in future lost earnings, will calculate a reasonable estimate as to what your future lost earnings will be, based on input from your medical professional. They will consider the amount of time you will need to fully recover, based on the unique facts and circumstances of your case.

Replacement Value of Lost Personal Property

If, for example, you were injured in a car accident, and your vehicle was totaled, you are entitled to the cost of the replacement of your vehicles. Similarly, if your car contained a set of golf clubs, and those golf clubs were destroyed in the accident, you are entitled to recover the cost of replacing the golf clubs.

Funeral Expenses

If you have lost a loved one due to a personal injury, you may be entitled to be compensated for funeral expenses.

Any Other Economic Loss that Would Have Occurred but for the Injury

Every case is different. You may have incurred other economic losses that you would not have incurred except for the injury. If this is true in your case, you are entitled to recover those losses. Talking to an attorney well versed in personal injury law can assist you in identifying whether you have suffered other economic losses.

Non-economic Damages

Non-economic damages are for such things as pain and suffering, and mental anguish. The idea behind non-economic damages is to compensate you for intangibles that rise out of your injury.

Pain and Suffering

Pain and suffering are not uncommon in personal injury cases. Your personal injury journal you will provide real-time information about how you are feeling each day, and how your injuries were and are impacting your daily life. Your personal injury journal will include important details that will be needed at your personal injury trial to illustrate the nature and extent of your pain and suffering. It’s very important that you are honest in your personal injury journal, both about the nature and extent of your injuries and the pain and suffering that you are experiencing. This is not the time to be shy, modest, or stoic. This information is critical in resolving your personal injury case for what it is actually worth

Mental Anguish

Just like pain and suffering, mental anguish is something that you are entitled to recover in the state of Florida. Determining the extent of your mental anguish, however, can best be determined by reviewing your personal injury diary. This will be a real time documentation of incidents and experiences that you will have had over the time between the day that you were injured to the time that you go to trial. It’s easy to forget small instances that cause mental anguish over the course of the year to 18 months that it may take for your case to get to trial. As such, it is best that you document them at the time.

What to Do If You Have Been Injured in an Accident

If you have been injured in an accident, or if you have lost a loved one due to an accident, you need an advocate on your side to assist you in obtaining the compensation you are entitled to. The attorneys at Madalon Law are available to review the facts and circumstances of your case to determine what compensation you may be entitled to. There are statutory limitations to the time you are allowed to file your claim. Don’t wait until it is too late. Contact us today.

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Injury Case Damages and Structured Settlements in Florida

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When you’ve been injured in an accident your focus is on getting the best medical care and recovering. But as the medical bills mount and your injuries have prevented you from returning to work so your income has dwindled, you have to start thinking about your legal options for having the person or business responsible for your injuries to help pay the costs of you care and the wages you’ve lost.

In Florida, when someone’s negligent actions have resulted in injury to you and loss of property, you are entitled to damages. Damages are monetary awards granted by the judge or jury in a civil lawsuit to recompense a person for pain suffered, medical expenses, and harm done to property.

You can recover for any bodily injury you sustain and any resulting pain and suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience, or loss of capacity for the enjoyment of life you experienced in the past or may experience going forward. The types of damages you may be awarded can be for economic and noneconomic losses.

Economic

Past and future lost income: Earnings, any working time lost in the past and any loss of ability to earn money in the future
Past and future medical expenses: The reasonable value or expense of past and future hospitalization and medical and nursing care and treatment
Replacement value of lost personal property: The difference between the value of the property immediately before the incident and its value immediately after; the reasonable cost of repair, if repairable, with allowance for any difference between its value immediately before the incident and its value after repair
Funeral expenses

Non-economic

Pain and suffering: The pain of actual physical injuries, including effects likely to be suffered in the future
Mental anguish: Mental pain and suffering from being physically injured, including anguish, emotional distress, fear, anger, humiliation, anxiety, and shock

Punitive

Punitive damage can be awarded in addition to economic and noneconomic damages. Punitive damages are meant to compensate the injured party beyond his or her losses and punish the defendant for offending societal and individual norms and expectations. In Florida, two common situations where punitive damages may be awarded are drunk driver cases and when a driver was on a cell phone at the time of the accident.

Structured Settlements

If the severity of your injuries is permanent and catastrophic, your damages could be considerable, amounting to several millions of dollars. In such a case, you may choose to negotiate a structured settlement with the person who injured you or the insurance company.

A structured settlement is an arrangement where you agree to resolve your personal injury lawsuit by receiving periodic payments on an agreed schedule and not a lump sum payment. Both parties to the suit must agree on the terms of settlement.

Structured settlements are widely applied in product liability or injury cases. The settlements are usually funded by investment in an insurance policy or other annuity, which pays you a monthly amount over the course of your life. Such settlements are favored because they can reduce legal costs by having the parties avoid trial, and the IRS has ruled that settlement amounts are exempt from federal income taxes.

Selling a Structured Settlement

Another attractive aspect of a structured settlement is that you can sell, or transfer, all or part of the settlement to third parties.

Selling a settlement can incur surrender charges as high as 10 percent, and depending on your age at the time of the transfer, you could face federal taxes and penalties—undoing the benefit of lifetime tax-free income.

In 2016 the Florida state legislature made changes to laws governing the transfer of the right to receive payments under a structured settlement agreement. Essentially, the law requires that:

The seller reside in Florida
A Florida court judge approve the transfer
The transfer is determined to be in the best interests of the recipient

Further, the law requires that at least the recipient of the settlement be given a written disclosure agreement at least 10 days before the transfer and meeting these criteria:

Be written in bold type, no smaller than 14 points in size
State the amounts and due dates of the structured settlement payments to be transferred
State the total amount of the payments
State the rate by which the payments are discounted and the value of the payments after the discount
State the total amount the recipient will receive in exchange for the payments
Include a list itemizing the all the broker fees, including commissions, service charges, application fees, processing fees, closing costs, filing fees, referral fees, administrative fees, legal fees, and notary fees
State the amount payable to the recipient after all the commissions, fees, costs, expenses, and charges are deducted
Include a statement in the specific language provided in the statute that notifies the recipient that he or she is in effect paying interest and expressly sets out the annual interest rate
State the amount of any penalty and damages should the recipient breach the transfer agreement

In Your Best Interests

In deciding whether the transfer is in your best interests, the court may want to know whether:

You are confident that you got the best deal
You understand that you are selling at a discount
You have any ongoing medical or physical needs, and if so, how will those needs be met if you sell some or all of your payments
You understand the disclosure agreement
You have reviewed the disclosure agreement with a professional such as your attorney

Get Legal Advice

If you are considering selling your structured settlement, speak with an attorney at Madalon Law to ensure you are getting the best deal and the disclosure agreement complies with the law and your financial interests are protected. Call today for a free consultation. The attorneys at Madalon Law know how to put forward the best case for you. We are based in Fort Lauderdale and serve clients throughout Florida. Let Madalon Law fight for you.

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Know Your Rights as a Florida Bicyclist Injured in an Accident

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According to statistics gathered by Helmets.org, 818 bicyclists died on U.S. roads in 2015, an increase of 12.2 per cent and the highest number since 1995. The data for 2014 gives a more complete picture of the incidence of bike-related accidents:

Bicyclists killed in 2014: 726
Total injured: 6,000
Average age of a bicyclist killed on U.S. roads: 45
Males killed: 87 percent
Males injured: 83 percent
24 percent of the cyclists killed had been drinking
71 percent of fatal crashes were urban
About half of the fatalities occurred during daylight hours

These statistic indicate that bike accident fatalities and injuries are on the rise. As more bicyclists are favoring two wheels over four for reasons of convenience or conservation, the design and construction of our streets and roadways lag behind in safety features to protect bicyclists from automobile and truck drivers.

Bike Drivers Treated Same as Car Drivers

Florida bicycle law is pretty comprehensive and includes provisions regulating the conduct of cyclists. The law treats a bicycle driver the same as any other vehicle driver and makes clear that a bicycle driver in Florida has many responsibilities to uphold. Bicyclists have the same rights to the roadways, and like other drivers must obey the same traffic laws, such as stopping for stop signs and red lights, riding with the flow of traffic, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.

In addition, bicyclists must adhere to laws requiring they wear a helmet while driving a bike and use lights when driving at night among several other legal mandates.

Wearing of Helmets

A bicycle rider or passenger under 16 years of age must wear a bicycle helmet that:

Is properly fitted
Is fastened securely
Meets federal safety standard for bicycle helmets

Use of Lights at Night

A bicycle operated between sunset and sunrise must be equipped with:

A white light lamp on the front whose beam is visible from 500 feet to the front
A red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear

The lamps are permitted to flash though. Additional lighting is permitted.

Acceptable Number of Drivers on a Bike at One Time

A bicycle may not be used to carry more than one person at one time unless it is designed or equipped for more than one rider.

Carrying a Child on a Bike

An adult bicyclist may carry a child in a sling, child seat or trailer designed to carry children.

Driving a Bike on Sidewalks

A bicyclist riding on a sidewalk or crosswalk has the rights and duties of a pedestrian
and may ride in either direction. At an intersection with a traffic signal, a cyclist on a
sidewalk must obey the instructions of any pedestrian control signal. Also, a bicyclist driving on the sidewalk must:

Yield the right-of-way to pedestrians and must give audible warning before passing
Not propel a bike by any power other than human power

Headsets, Earphones

A cyclist may not wear a headset, headphone, or listening device, other than a hearing aid, while driving a bike.

Driving Under the Influence

It is unlawful to drive a bicycle while under the influence of alcohol or drugs. Bicyclists, do not, however, have to submit to a breath test. Consent to such a test is given only by a person with a driver license who is operating a motor vehicle.

Protect Your Rights After an Accident

Because operating a bicycle is considered the same as driving a motor vehicle, accidents involving bicyclists and cars or trucks or other cyclists are treated the same as other accidents involving cars or trucks. Florida law states that every driver of a vehicle shall exercise due care to avoid colliding with a pedestrian or a bicyclist. Vehicle drivers are expected to drive in a careful manner and pay attention to the width of the road and its corners, the traffic volume, and other factors to avoid injury to persons or property.

Report the Accident

Report the crash, even if you don’t have obvious injuries or believe you are not seriously hurt. Your bike may have been damaged and the extent of the damage may not be known until you’ve taken it to a repair shop. Report the accident whether it involves a car, truck, animal, another bike, or a pothole. In accidents with a motor vehicle where there are injuries or property damage that exceeds $500, Florida law requires that you report the crash.

If the investigating police officer doesn’t take information from the other party, make sure you get the person’s name, address, telephone number, and insurance company. If the accident involved a dog, learn who owns the dog and get the owner’s homeowners’ insurance information.

The Accident Report

After a bike accident, your crash report will include important details, such as road conditions, weather, any eyewitnesses, and maybe a drawing of the accident site. All this information will be critical to any case you may bring against another driver or an insurance company. Give the report to your attorney.

Take Pictures of Your Injuries

Take photo of your bruises, sores, road rash and scabs. Try writing down how your injuries limit your activities, and the aches and pains you experience.

Photograph the Scene of the Accident

Take photographs or videotape of the site of the accident. Note road and weather conditions. The conditions of the road when you had your crash may change over time as roads are resurfaced. If there are marks or debris left by the accident, photograph them.

If you or a loved one has been injured in a collision or other accident with a car, truck, dog, street obstruction or impairment, or another bicyclist, call us today for a free consultation with the determined personal injury attorneys in Ft. Lauderdale at Madalon Law. The attorneys at Madalon Law are experienced in bike accident law and will fight for your rights. We are based in Fort Lauderdale and serve clients throughout Florida. Let Madalon Law fight for you.

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Bar Fight in Florida: Who’s Liable When You Get Hurt?

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There are more than 3,000 bars and nightclubs in Florida, catering to locals and tourists and serving up alcohol along with food. In an industry that mixes lots of people and booze there’s bound to be disagreements, brawls and battles between customers or between employees and customers.

Fights in bars and nightclubs can be frightening and dangerous not only to the people directly involved in the brawl but also to other patrons and bystanders. A bar doing brisk business on a busy weekend night can be filled with hundreds of customers, all of them possibly exposed to injury from flying glassware or overturned furniture or floors slippery from spilled drink.

What happens when you’re injured during a bar fight? Does it matter whether you were consuming alcohol? Does it make a difference whether you were directly involved in the battle or merely a bystander? What kind of care and protection does the bar owner owe its customers? Is the owner responsible for your injuries, medical expenses, and other losses such as damage to your clothes or other personal property?

Premises liability

When you visits a bar, nightclub or restaurant, you are an invitee of the establishment. As an invitee, you have a legal right to enjoy the premises safe from undue harm and injury. The premises extend to cover the parking lot, alley, and all other property the bar sits on.

Under the legal doctrine of premises liability, the bar owner must do all that’s reasonably possible to ensure your safety and well-being. To determine whether the owner did indeed meet this standard, the facts of each individual case must be considered. Review of the circumstances of each case answers question of whether the owner could have foreseen that an injury could occur.

Bar Owners’ Legal Responsibilities

The bar owner has a duty to operate the bar with a mind to customer safety. Adequate security should be in place, depending on the size of the premises, the maximum number of customers the place can hold, the surrounding area from which customers are likely to be drawn and their propensity toward drunkenness and violence. The more likely the chance of a fight, the greater the number of security personnel required.

The security staff has legal responsibilities too. They are lawfully permitted to use force equal to the situation and not more. A bouncer or other security member must be careful not to use excessive force when ejecting a belligerent customer and be aware of bystanders who could be hurt during the bouncer’s tussle with a customer.

Keep in mind that your degree of culpability also will be a factor. If you instigated the fight or joined in a free-for-all after it began, for example, the bar is probably not going to be found to be negligent or responsible for your injuries.

Dram Shop Laws

Laws that imposes liability on bars and night clubs that serve alcohol to visibly or obviously intoxicated patrons are called dram shop laws. These laws provide that the bar may be liable to pay damages to third parties who are injured by the intoxicated person. The injuries can happen on or off the premises, should the drunken customer start a fight in the street after leaving the premises, or drive while under the influence and cause an accident.

Under Florida law, individuals or businesses that sell alcohol in general will not be liable for damages or injuries caused by a drunk person who they sold alcohol to. There are, however, two exceptions:

Bars and taverns will be held strictly liable for injuries caused by selling alcohol to a person under 21 years old. “Strictly liable” does not require knowledge or intent by the bar owner or an employee who serves or sells alcohol to a minor
A bar will be held liable if it serves alcohol to a person known to have a drinking problem – courts have held that such persons create a foreseeable risk of injury because they lack the capacity to make responsible decisions regarding their drinking

Who You Can Sue

If you’ve been injured in a bar fight, the person or persons who were involved in the fight with you are the likeliest people to file a lawsuit. If you can prove the fight was started by someone other than you and that person assaulted you, you can legally recover for your medical bills, lost wages, and other losses.

Also, you can sue the owner of the bar where the fight happened. You will have to show that

The bar was negligent
The negligence led to the fight and your injuries

Where the bar ignores a customer’s inebriated condition and that customer starts a fight with another customer or an employee or the drunken customer creates a situation where other customers, bystanders, or employees could be injured, the bar could be liable for those injuries and other harm that results.

Additionally, if a bar does not have on the premises adequate security for the usual number of customers and insufficient security means a violent fight between customers can’t be stopped, the bar can be found responsible.

If you have been attacked in a bar or club, you should contact an experienced attorney as soon as possible.

Proving Your Bar Injury claim

If you have been injured in a nightclub or bar, and you believe that the injury was a result of the property owner’s negligence, you will need to prove it. In order to prove it, you will need to demonstrate to the court that the bar owner owed you a legal duty of care; that the bar owner breached the duty of care owed to you; and that the breach of care resulted in your injuries. If you do not present sufficient evidence to prove this, you will be unable to recover compensation for your losses.

Consult an Attorney

If you have been injured in a bar fight or as the result of rough treatment by bar security, call for a free consultation with the personal injury attorneys at Madalon Law. The attorneys at Madalon Law are experienced in bar and nightclub injury law and will fight for your rights. We are based in Fort Lauderdale and serve clients throughout Florida. Let Madalon Law fight for you.