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Personal Injuries | Miami Personal Injury Lawyer Miami Attorneys

The core mission of personal injury claims is to seek justice and compensation from the expenses incurred due to the injuries. Here at Miami Lawyer Attorney, you’ll find the

Miami Medical Malpractice Lawyer | South Florida Personal Injury

Call if you are looking for Miami Medical Malpractice, South Florida …

Must Know Facts for Every Brain Injury Lawyer

Here are some simple facts that every brain injury attorney must know:

Did you know that a person can have a serious, permanent and disabling traumatic brain injury, even though:

1. The person is not knocked out at the scene of the accident.
2. The person may be walking, talking and even exchanging his driver’s license at the scene of the accident
3. The person did not sustain any cuts, broken bones or major injuries in the accident.
4. The person may have a negative MRI, CT scan or EEG.
5. The defense doctor, or the insurance company, will find that the person is neurologically sound despite future findings of brain damage.
6. There was not a “big car crash” and that even a low speed or low impact car crash can exert sufficient force on the brain to cause a traumatic brain injury and resulting brain damage.
7. That the delay in diagnosing the brain damage is not the patient’s fault, but may be because of lack of education on this subject by the medical community.
8. The injured person gave different versions of what happened in the car accident. This is sometimes to be expected, because a person with a traumatic brain injury is a very poor historian when it comes to recalling the facts.
9. The patient only related two or three problems following the car crash and family members and close friends relate twenty or thirty problems including personality changes.
10. The person was able to continue working, but if he/she is given a new responsibility, promoted, transferred to another job or obtains new employment, he/she may have tremendous difficulty and end up getting fired.
11. The term “post concussion syndrome” may mean traumatic brain injury.
12. Attention or concentration problems following an accident may mean that the person suffered traumatic brain injury or brain damage.
13. Changes in personality or behavior following an accident, may also mean that the person suffered a traumatic brain injury
14. New brain damage symptoms may appear days, weeks or months following an accident.
15. The person has a perfect neurological exam, since this exam does not reveal the neuropsychological deficits associated with traumatic brain injury.
16. The diagnosis of traumatic brain injury, closed head brain injury, or brain damage is based on the entire battery of tests and the entire examination and not the patient’s answe

Prevent Driving Fatigue

DANGERS OF DRIVER FATIGUE

Car Accident Lawyers Miami – Personal Injury Attorney Miami

Almost everyone has driven while tired, but did you know that driver fatigue can be just as dangerous as driving while intoxicated? Statistics from the National Highway Traffic Safety Administration (NHTSA) show that there are over 55,000 driving fatigue accidents each year in the United States. In most cases, these driving fatigue accidents occur because drivers don’t recognize the dangers of drowsy driving.

Contact our experienced car accident lawyers and personal injury attorneys if you have been a victim.

How to Prevent Driving Fatigue:

Get Regular Sleep

Before you drive long distances, it is essential to get a good night of sleep. The National Sleep Foundation recommends at least seven hours per night.

Take a nap

If you start feeling drowsy, experts say that even a 15-minute nap can prevent driving fatigue accidents. Pull over at the nearest rest stop and take a 15-minute nap.

Avoid Large Meals

According to DriverFatigueKills.com, the typical highway fare (high-fat fast food) can make you more tired. Avoiding eating large, high-fat meals and instead snack on some fruit or granola bars.

Plan Your Drive

SmartMotorist.com warns that most driving fatigue accidents occur around 2 p.m. in the afternoon and between 2 a.m. and 6 a.m. in the morning. Avoid driving at these times if you can help it.

Drink Coffee

According to the National Sleep Foundation, two cups of coffee can decrease driver fatigue for at least a few hours. If you must keep driving and can’t pull over for a nap, head for a coffee shop.

Consequences of Fatigue Driving

Driver fatigue can contribute to accidents, injuries and fatalities. If you cause a fatigue-related crash, the consequences could be severe. According to the National Sleep Foundation, most states can bring charges against a drowsy driver if they cause an accident, and some states are even crafting specific laws. Contact our experienced car accident lawyer and personal injury attorney to learn the law. Under this law, drowsy drivers can be charged with recklessness and vehicular homicide if they cause an accident.  Driver fatigue is a serious matter and should be taken just as seriously as driving while intoxicated.

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If you have suffered an injury due to someone else’s negligence, contact our experienced car accident lawyers and personal injury attorneys in Miami who can help explain your legal rights and options.

Past Verdicts and Settlements

The Shaked Law Firm, a Personal Injury law office, located in Miami, has recovered millions of dollars in settlements and verdicts for its clients throughout the State of Florida.  A complete case list of all cases are too numerous to list. The following is a small sampling of The Shaked Law Firm’s settlements and verdicts in which personal injury damages have been recovered for our clients. These results demonstrate the excellent representation provided by the Shaked Personal Injury Law Firm in a variety of case types.

Motorcycle Accidents – You need an injury lawyer

Who acts first after a motorcycle accident can make a difference.  Insurance companies immediately hire investigators and adjuster to visit the scene and secure witness statements and so should you.  The Shaked Law Firm our experienced trial lawyers with knowledge it takes to get the settlement you deserve. 

Determining who is legally responsible in a traffic accident depends upon the carelessness, among other factors, of the alleged wrongdoer.  In freeway and highway traffic accidents, state traffic laws, like the Florida Motor Vehicle laws, provide the rules of the road.  Violating these rules and then causing a collision could create a rebut-able presumption of negligence – aka negligence per se – and ultimate liability. In many situations, car operators could be liable for a traffic accident even if they were driving at or below the posted speed limit, or otherwise obeying the laws of the state. This is because, for example, a “safe” speed and not the posted speed is what is required for a responsible driver. Another example would be foggy conditions, or cases where the sun is in the car driver’s eyes, impairing visibility.

These conditions would require extra care and caution when driving on the road, like pulling over to the curb when safe, or driving slower.

Find Your Florida Motorcycle Attorneys Now!

At the Shaked Law Firm, Miami Injury Lawyers, our staff of seasoned personal injury lawyers litigate freeway accidents and highway accidents throughout Florida, with local attorneys in Dade, Broward, and Palm Beach Counties. These include injuries to riders of motorcycles.

Injuries from Motorcycle accidents are not the same as those in an enclosed passenger car with seat-belts and airbags. In fact,they are not even close. Motorcycles are usually two wheeled vehicles that will usually eject the rider in a high speed crash, or low speed crash. Even pads and helmets do little to protect the motorcycle riders in a crash. This can leave the rider with a ruptured disc, a serious brain injury, or even result in wrongful death. Because we are motorcycle attorneys with vast knowledge of tort laws, we can help guide you through the legal quagmire that other motorcycle accident attorneys either don’t have the time, or the desire to take on when valuating your damages claims.

 The local attorneys at the Shaked Law Firm are experienced trial and injury attorneys who will aggressively litigate your case to make sure you recover the maximum damages allowable under the law. These damages include, monetary compensation for mental and physical pain and suffering. Our experienced staff of legal professionals know exactly what we need to do in order to maximize the value of your case. Your medical doctors and hospitals need to be paid for and the wrongdoer should be forced to pay under our tort system.

 

This avoids self help, like the days of the wild west. In a civilized society such as ours, the evil doer pays for his/her neglience in money damages, i.e., a settlement or jury trial. We work with the very best and most talented experts to investigate your case and learn the finer points of your individual fact
patterns.

 

Our legal team has vast legal knowledge of the anatomy of motorcycle accidents. You should know your legal rights if you have injured yourself while riding a motorcycle. Don’t guess at the value of your case!

If you have been seriously injured in a motorcycle accident in Miami or Broward County, our attorney hot-line is available 24 hours for your telephone call at (877) LAW-0080, (305) 937-0191 or e-mail. We will provide you with a free consultation.  We are experienced motorcycle accident injury attorneys who can help you. Our law firm litigates personal injury cases on a contingency fee basis. If we do not recover for you, we don’t charge you a fee.

Please visit our website dedicated to motorcycle riders (www.personalinjuryrider.com) to read more about about our experienced motorcycle attorneys, our Motorcycle Accident Articles, Motorcycle Accident Resources; and learn about the anatomy of these accidents and how to file a motorcycle insurance claim.

What is “Mild” Traumatic Brain Injury?

Historically, words such as “mild”, “moderate”, and “severe” were utilized to define brain injury. For many years, these terms were utilized based on duration of loss of consciousness.
Today, it is universally accepted that brain injury can occur without loss of consciousness,without direct external trauma to the head, and without positive findings on CT, MRI, or other sophisticated diagnostic testing.
Acknowledging this latter point, in the 1995 Journal of Neurotrauma it is stated:
“Although current computerized tomography (CT) and magnetic resonance imaging (MRI) techniques have shown great utility in diagnosing various aspects of traumatic brain injury, damage resulting from mild diffuse brain injury often goes undetected with these procedures.” (Emphasis added). [Smith, D.H.; Meaney, D.F.; Lenkinski, R.E.; Alsop, D.C.; Grossman, R.; Kimura, H.; McIntosh, T.K.; Gennarelli, T.A.; (1995) New Magnetic Resonance Imaging Techniques for the Evaluation of Traumatic Brain Injury. J.Neurotrauma 12(4): 573-577]
We at Shaked, P.A. find it repugnant to utilize terms such as “mild” or “moderate” to describe a permanent brain injury. However, until the lexicon of health care practitioners, experts, and others change, we seem destined to face use of these terms to describe brain injury. We must, therefore, assist all those seeking assistance, and even those who are not, with the true meaning of the words “mild” and “moderate” as they pertain to brain injury. When it describes a brain injury, we believe the word “mild” is synonymous with “serious”.
The Mild Traumatic Brain Injury Committee of the Head Injury Interdisciplinary Special Interest Group of the American Congress of Rehabilitative Medicine define mild traumatic brain injury as follows:
DEFINITION:
“A patient with mild traumatic brain injury is a person who has had a traumatically induced physiological disruption of brain function, as manifest by at least one of the following:
1. Any period of loss of consciousness;
2. Any loss of memory for events immediately before or after the accident;
3. Any alteration in mental state at the time of the accident (i.e., feeling dazed, disoriented, or confused); and
4. Focal neurological deficits that may or may not be transient; but where the severity of the injury does not exceed the following:
* Post-traumatic amnesia (PTA) not greater than 24 hours;
* After thirty minutes, an initial Glasgow Coma Scale (GCS) of 13-15;
* Loss of consciousness of approximately thirty minutes or less;
COMMENTS:
This definition includes:
1. The head being struck;
2. The head striking an object;
3. The brain undergoing an acceleration/ deceleration movement (i.e., whiplash) without direct external trauma to the head. It excludes stroke, anoxia, tumor, encephalitis, etc. Computed tomography magnetic resonance imaging, electroencephalogram or routine neurological evaluations may be normal. Due to the lack of medical emergency, or the realities of certain medical systems, some patients may not have the above factors medically documented in the acute stage. In such cases, it is appropriate to consider symptomology that, when linked to a traumatic head injury, can suggest the existence of a mild traumatic brain injury.
SYMTOMOLOGY:
The above criteria define the event of mild traumatic brain injury. Symptoms of brain injury may or may not persist, for varying lengths of time, after such a neurological event. It should be recognized that patients with mild traumatic brain injury can exhibit persistent emotional, cognitive, behavioral and physical symptoms, alone or in combination, which may produce a functional disability. These symptoms generally fall into one of the following categories, and are additional evidence that a mild traumatic brain injury has occurred.
1.Physical symptoms of brain injury (e.g., nausea, vomiting, dizziness, headache, blurred vision, sleep disturbance, quickness to fatigue, lethargy, or other sensory loss) that cannot be accounted for by peripheral injury or other causes;
2.Cognitive deficits (e.g., involving attention, concentration, perception, memory, speech/language or executive functions) that cannot be completely accounted for by emotional state or other causes; and
3.Behavioral changes and/or alterations and degree of emotional responsivity (e.g., irritability, quickness to anger, disinhibition, or emotional lability) that cannot be accounted for by a psychological reaction to physical or emotional stress or other causes.
COMMENTS:
Some patients may not become aware of, or admit, the extent of their symptoms until they attempt to return to normal functioning. In such cases, the evidence for mild traumatic brain injury must be reconstructed. Mild traumatic brain injury may also be overlooked in the face of more dramatic physical injury (e.g., orthopedic or spinal cord injury). The constellation of symptoms has previously been referred to as minor head injury, post-concussion syndrome, traumatic head syndrome, traumatic dephalgia, postbrain injury syndrome and post-traumatic syndrome.” J Head Trauma Rehabil 1993:8(3):86-87

Choosing a Brain Injury Lawyer

Few of us realize how pervasive the law is in our lives until we get into a dispute with someone else. Then we are amazed to discover what a tangled web of law there is, and how complex and endless the rules seem.

The threshold question in many situations involving the law is whether you can “do it yourself” or whether you need a lawyer to advise you on your rights or handle the matter for you completely.

While many “minor” disputes can adequately be handled without need of a lawyer – using Small Claims Court or Alternative Dispute Resolution – if you, a friend, or loved one sustained a catastrophic personal injury such as a traumatic brain injury, there can be no question but that you are in need of the services of a competent lawyer.

Unfortunately, we live in a day and time where millions of dollars have been spent persuading the general public (prospective jurors) that should an injured victim exercise their fundamental constitutional right by bringing suit, that individual is merely adding to an already “sue happy” society. Nothing could be further from the truth.

Where a lawsuit is not pursued, unless the injured victim is independently wealthy, the taxpayers will bear the brunt of financial responsibility. Indeed, in catastrophic cases the victim may end up institutionalized unless sufficient funds are secured in order to meet the victim’s medical and support needs.

Complicating matters further, many victims of traumatic brain injury, especially mild traumatic brain injury, are in a state of denial regarding the profound impact of the injury itself. While victims of “mild” TBI have not sustained the “catastrophic” injuries, which may cause an individual to be institutionalized, they have nonetheless sustained injuries which will have a significant impact on their vocational capabilities. In denial, job after job is lost.

Combining denial with the current disfavor regarding lawsuits may very well prove to be a recipe for disaster for the injured individual. Only a lawyer can assess the “legal health” of the injured victim – by investigating the facts, researching the latest developments in the law, applying his or her legal training and experience, and then advising the victim of his/her alternatives. A good lawyer can spot the “jagged rocks” that may lie below the waters of a seemingly simple dispute and can help the victim plan a course of action to avoid them.

The sad truth is, however, that all lawyers are not created equal. It is a very sad fact of traumatic brain injury life that many survivors will not receive adequate recompense for their injury because their lawyer did not have enough experience to know how to analyze, prepare and present a legitimate claim for damages. Many times, the blame is directly traceable to the attorney who is not forthright in the first place regarding his/her lack of experience handling cases involving traumatic brain injury. Time after time the inadequate result rests with the attorney who did not understand the seriousness of the injury simply because of its “invisible” nature.

Unfortunately, even where an injured victim has overcome denial, and has further overcome the social stigmas associated with bringing a lawsuit, s/he may nonetheless experience further “hurt” due to an association with a lawyer having no idea how to properly present claims involving traumatic brain injury. BEWARE: EDUCATION, TRAINING, AND EXPERIENCE VARIES BETWEEN LAWYERS.

At the Scarlett Law Group, we represent injured victims on a contingent fee arrangement. This means that we do not receive any fee or payment unless money is recovered on behalf of the injured person, and then the attorney fee is paid as a percentage of the amount recovered. [Contingent Fee].

What this means is that you have the absolute ability to hire the most qualified attorney specializing in representing individuals sustaining traumatic brain injury. Through the use of the Contingent Fee Agreement, and given that there are excellent attorneys around the United States willing to advance the expenses in connection with the prosecution of a TBI case, injured victims have the ability to hire the most qualified attorneys and need not settle for or accept inexperienced attorneys to handle their cases.

Through the contingency fee, you have the ability to hire a qualified attorney in a crucial situation, and you need not pay that attorney unless they successfully perform. This is a powerful position to be in. Do not underestimate your position. After all, the results of your lawsuit will have an important and long-term impact on your quality of life. Just as you would not rush to purchase any item of consumer goods, nor should you hastily choose a lawyer to represent you.

We at Shaked, P.A., are committed to handling claims of individuals sustaining traumatic brain injury. We are committed to spending the time with you and your family members to gain a deep understanding for each and every way the injury has affected your life. We are committed to spend the necessary time in order you understand your rights in the progress of your case. Our staff is committed to trying to make your life easier, and we will endeavor to put you in contact with support groups and treating doctors as your case may require.

Given the importance of your choice of counsel, you should be prepared to meaningfully question prospective lawyers in order to ascertain his or her qualifications to handle your case.
You are about to embark on one of the most important decisions of your life, to wit: The choice of the right lawyer to represent you. You are armed with a powerful tool, the Contingency Fee Agreement. This Agreement allows you to retain experienced counsel without having to pay hundreds of dollars per hour up front. Please, do not make your decision cavalierly. Ensure that you are comfortable with the counsel of your choice. Ensure that counsel has the confidence and experience to properly handle your case. The path is a difficult one, and the choice of counsel can make all the difference in the world.

Erbs Palsy

Medical Malpractice

Personal Injury Law Firm: Practice Areas

Erb’s Palsy and Klumpke’s Palsy Attorney

Erb’s palsy is one of the most common types of birth injuries and is a type of shoulder dystocia injuries. Erb’s palsy is so common in Miami that studies have indicated that at least 2 infants suffer from this type of injury for every 1,000 births. Erb’s palsy is a serious birth injury which results from brachial plexus paralysis where the newborn infant child suffers trauma during the delivery process. The types of trauma this infant may suffer during their birth may include their shoulder becoming wedged by their mother’s cervix. While this type of medical malpractice injury doesn’t seem very severe, if erb’s palsy is untreated in your child, your infant can develop mental and permanent disabilities caused by a lack of oxygen during the delivery process. Since your doctor failed to properly prepare you and your child for the delivery process, you should speak with an Erb’s Palsy Lawyer in Florida if you believe that your newborn developed erb’s palsy as a result of your doctor’s negligence.

Common symptoms related to Miami erb’s palsy birth injuries:

• arm paralysis;
• facial paralysis on the erb’s palsy affected side;
• finger paralysis;
• hand paralysis;
• inability of newborn to sit upright;
• limited range of movement;
• loss of muscle control.

Additionally, if your child gets stuck during the delivery process, your doctor, nurse or obstetrician may attempt to use medical instruments to force your child down the birth canal. While your doctor is using forceps and other medical instruments during your child’s birth, they may cause irreparable damage to your child such as permanent nerve damage, and if these types of injuries result, you are entitled to seek compensation with the help of our Florida medical malpractice attorneys. During the delivery process, doctors may also use vacuums which can cause serious birth injuries resulting in medical malpractice if the doctors or other medical professionals are not trained properly.

Further, if your doctor performs a caesarean section, your child cannot suffer erb’s palsy – and a c-section should be performed when the chances of erb’s palsy are too high. This is a medical procedure that should be offered to the expectant mother prior to delivery. Some of the physical aspects that your doctor should take into consideration include:

• whether you have a contracted pelvis;
• your stature;
• whether you have maternal diabetes;
• whether you are overweight; and
• whether you had a pregnancy which lasted more than 40 weeks.

It is your doctor’s and his hospital’s responsibility to not cause any harm to you or your infant child. This is generally done by following proper birth protocols as well as performing appropriate delivery procedures. Mothers who are the victim of a Los Angeles medical malpractice procedure during their child birth have a higher likelihood of having birth injuries. Our Florida Erb’s Palsy Lawyers are here to assist you with your medical malpractice case today once you have called us at (305) 937-0191 or toll free at 877-LAW-0080.

Different types of brachial plexus injuries may be classified as either Erb’s Palsy or Klumpke’s Palsy. Erb’s palsy is one of the most common and serious of all shoulder dystocia injuries, a type of trauma which results from a newborn’s shoulder becoming stuck behind the mother’s cervix during delivery. It results in damage to the nerves connecting the arm and shoulder from the use of excessive force or torque by the obstetrician, to release the stuck shoulder of the newborn.

When a baby’s shoulder becomes stuck behind the mother’s pubic bone the baby’s head delivers but the shoulders do not follow. This condition is known as a shoulder dystocia. It is one of the most difficult obstacles that can occur during delivery because it carries with it the potential for high risk complications. At this point the physician must perform a particular delivery maneuver avoiding the placement of pressure on the shoulder. If this procedure is done improperly, an Erb’s Palsy can occur where the nerve tissue between the arm and shoulder is stretched, partially torn or completely ruptured.

These nerves are referred to as the “brachial plexus nerves” and emerge from the spinal cord, travel across the shoulder, along the arms, into the hand and ultimately, to the fingers tips. The injury which results to these nerves can cause the shoulder dystocia victim to suffer a potentially permanent, partial or complete paralysis of the arm.

A properly trained obstetrician will identify shoulder dystocia risks and take steps to avoid birth injury during delivery. Increased risk factors include:

1. High birth-weight babies ( >8lbs 14oz)
2. Maternal Diabetes
3. Heavy Mothers
4. Short Maternal Stature
5. A Contracted or Flat Pelvis
6. Pregnancy Beyond 40 weeks
7. Protracted Second Stage of labor

If any of these high risk factors exist, a delivery involving a shoulder dystocia can be prevented by scheduling a caesarean section. Where a shoulder dystocia does occur during birth, one of sixteen different maneuvers taught to obstetricians to free the trapped shoulder can be utilized.

Klumpke’s Palsy – Florida Medical Malpractice Lawyer

Klumpke’s palsy is a lower plexus injury, frequently resulting in paralysis of the hand and wrist, which results from a similar situation to that of Erb’s palsy.

Causes of Erb’s Palsy

Occasionally during labor and birth, a baby’s shoulder can get stuck on the mother’s pelvic bone. This birthing emergency is called Shoulder Dystocia. Accepted medical protocol exists to deal with this birthing emergency. In the event of shoulder dystocia, the doctor can support the head of the baby and apply a small amount of traction during the dislodging maneuvers. When the doctor uses excessive traction on the head while the baby’s shoulder remains stuck, the brachial plexus nerves in the baby’s neck may suffer injury. Depending on its location, this injury then causes one of the four types of brachial plexus palsy.

The use of tools, including forceps or vacuum, to help the baby descend, may increase the risk of shoulder dystocia. Studies also suggest an association between an increased risk for shoulder dystocia and the use of labor-inducing drugs.

Types of Erb’s Palsy – brachial plexus injury

There are different types of brachial plexus injuries. Children with Erb’s palsy are all affected in different ways. The variations are that some children will not have any muscle control or feeling in the arm or hand while some children can move their arms but have little control over the wrist and hand with other children able to use their hands well but can’t use their shoulder or elbow muscles. Depending on the type of nerve damage in Erb’s palsy children the symptoms can range from mild to severe. With Erb’s palsy there are four different types of nerve injuries, including:

1. an avulsion meaning the nerve is torn from the spine.
2. a rupture meaning the nerve is torn but not where it attaches to the spine.
3. a neuroma meaning the nerve has tried to heal but scar tissue has grown around the injury placing pressure on the injured nerve praxis. While the nerve has been damaged, it has not been torn and improvement should be seen within 3 months.
4. Neuropraxia is the mildest form of a nerve injury. Neuropraxia, the most common form of Erb’s palsy is localized to the specific place where the injury occurs. It is a physiologic block of nerve conduction within an axon without any anatomical interruption. Many infants born with brachial plexus palsy have neuropraxia and sometimes recover within 4-6 weeks.

Symptoms of Erb’s Palsy

Symptoms of Erb’s Palsy are usually very obvious. A baby suffering from Erb’s Palsy will be seen with the affected arm laying by their side and an extended elbow devoid of movement.

The injuries that are associated to Erb’s palsy are the neck, clavicle, shoulder, and arm. Some precautions or problems that should be evaluated for signs of brachial plexus injuries are shoulder or elbow dislocation, a frozen shoulder, soft tissue or joint contractures. Lifting a child with Erb’s Palsy from under the armpits should always be avoided.

Examples of different symptoms of Erb’s palsy can include:

1. No muscle control and no feeling in the arm or hand.
2. The ability to move but with little control.
3. The use of hands but not of the shoulder or elbow.
4. The entire arm may be paralyzed with the hand and fingers hanging limp.
5. Facial paralysis on the affected side.
6. Not able to sit up without assistance.
7. The inability to crawl without the use of therapeutic devices.

Treatment for Erb’s Palsy

Treatment for Erb’s Palsy that does not spontaneously recover generally consists of exercise and physical therapy. In 80% of the babies born with Erb’s palsy recovery will occur without a surgical intervention. Often times, though, a child with brachial plexus palsy can benefit from surgical procedures to increase their arm functions.

Surgery for Erb’s Palsy

Surgery is found to be most effective in Erb’s Palsy children that are between the ages of 5 and 12 months; beyond this age group, surgery will not be as effective. Whether or not surgery is performed is dependent upon the individual child’s condition. Where surgery occurs, it is performed by a pediatric neurosurgeon. The Erb’s Palsy surgical procedure requires special anesthesia, an operating microscope, monitoring equipment, and specialists to be able to expose and identify each of the nerves of the brachial plexus and surrounding structures. Most children with Erb’s Palsy have damage to multiple nerves so more than one procedure must be performed. Erb’s palsy may also be helped by performing daily exercises to both keep muscles limber and to prevent the joints from freezing.

If you feel your child suffers from a brachial plexus injury such as Erb’s Palsy and wish to bring legal action to compensate your child for their physical and emotional damages, please contact us and ask for the Shaked Law Firm, at (305) 937-0191 or toll free at (877) LAW-0080.

Slip and falls Accident

Personal Injury Law Firm: Practice Areas Slip and falls are the second leading cause of injuries in the United States. They account for an estimated 16,000 deaths each year. Many more slip and falls result in serious injuries. Often these injuries and deaths are caused by a dangerous or hazardous condition in someone else’s property. An injury or death from a fall that is caused by a hazardous condition in another person’s property may entitle the victim or the victim’s family to compensation. Where Do Slip and Fall Accidents Occur? Slip and fall accidents occur virtually everywhere – in a supermarket or shopping mall; at school or at an office; or on a sidewalk. Your slip and fall may be caused, for example, by a defect in flooring, which may be wet or uneven, or else it may be attributable to inadequate lighting that obstructs your ability to foresee a danger. How Do Slip and Fall Accidents Occur? Slip and fall accidents have two main types of mechanism. In one slip and fall scenario, your front foot slips forward, causing you to fall backward. In the alternative scenario, your rear foot slips backward, causing you to fall forward. A related type of accident, a trip and fall, occurs when your foot comes into contact with an obstacle, such as a protrusion, along your path. The traumatic impact of a slip and fall or a trip and fall accident can cause severe and long-lasting injuries. Therefore, if you suffer a slip and fall or a trip and fall, it is in your best interests that you seek medical and legal help without delay. Why Do Slip and Fall Accidents Occur? Over 70% of falls occur due to dangerous conditions and hazards in our environment. Dangerous conditions that cause slip and fall accidents frequently result from poor design or improper maintenance. Other hazards are created by the presence of slippery surfaces and substances, such as areas with food spillage or water leakage. What Should You Do After a Slip and Fall Accident in Florida? Seek Medical Help for Your Slip and Fall Injuries. If you suffer a slip and fall or a trip and fall, seek immediate medical attention for your injuries. In the case of severe injuries, an ambulance should be summoned for emergency transport to a hospital. Too often, however, severe injuries sustained in a slip and fall accident may not manifest themselves for some days or weeks, making it all the more important that you be examined by a medical provider without delay. Determine the Hazard That Caused Your Slip and Fall. Take Photos. In order to have a viable slip and fall (or trip and fall) claim, it is necessary to identify the dangerous condition or hazard that caused you to slip and fall. Time is of the essence in preserving the evidence at the site of your fall. Therefore, do what is reasonably necessary to take photos. If you have a camera with you (your cell phone will do), snap photos, or ask a companion or anyone at the scene to take one. Report the Slip and Fall Accident. If you suffer your slip and fall injury in any commercial establishment, such as a store, a supermarket, or a mall, you should report the slip and fall accident to management right there and then. It is very important to document your slip and fall accident in this way. Incident reports contain useful information about the accident, including the date and time of the slip and fall, the names of witnesses, and the circumstances of the injury. Most importantly, incident reports help establish that the slip and fall accident actually occurred, preventing a property owner from later claiming that the incident never took place. Contact a Reputable Florida Slip and Fall Attorney. Time is of the essence after a slip and fall (or a trip and fall) accident, so you should protect your rights by immediately contacting a reputable slip and fall attorney. A prompt investigation is vital to a successful slip and fall claim. In many instances, the hazard that caused the slip and fall may be a temporary one (such as a liquid spill in a supermarket) and may be cleaned up quickly, destroying critical evidence for your case. An expert slip and fall attorney will initiate the proper steps to preserve evidence, identify and locate witnesses, and assist you in obtaining the necessary medical care. He will also protect against complicated filing deadlines, which for some slip and fall claims may be as short as six months if certain government entities are involved. Failure to meet these deadlines may mean that any claim for compensation that you may have for your slip and fall injuries is lost forever. Who Is Responsible for Your Slip and Fall? Property owners, operators, and managers – whether they are individuals or business entities – may be liable for your slip and fall. A knowledgeable slip and fall attorney can locate the owners of any given property by checking the appropriate government records, including tax rolls. Some owners and operators who bear responsibility for your slip and fall may not be as obvious. They may, for instance, include service providers – such as concessionaires and janitorial companies – on the property in question. They may include franchisors and parent corporations. And they may well include government entities. A slip and fall at a public school, for instance, may impose liability on a local governmental body, whereas a slip and fall at a post office would implicate the federal government. A Property Owner’s Duty to Prevent Slip and Fall Accidents The law requires that property owners use reasonable care in the management and maintenance of their premises and avoid exposing others to an unreasonable risk of harm, such as a slip and fall or a trip and fall. Therefore, property owners have a duty to reasonably inspect for any unsafe conditions on their premises and either to repair or give adequate warning of conditions that pose a risk of harm to others. The victim of a slip and fall must prove that the property owner knew or should have known about the hazard that caused the slip and fall accident, and that he failed to remedy it. If the property owner, or any of his employees, created the dangerous condition that caused the slip and fall injury, knowledge of the hazard may be automatically imputed to them. However, if the hazard was created by a non-employee, such as a customer, the claimant must show that there was time enough for the property owner to have discovered and repaired the dangerous condition, or that the hazardous condition occurred with such frequency that the owner should have been aware of its presence. In some instances, a property owner may have a duty to post warnings of a danger (such as “wet floor” signs), but these warnings must be visible and effective in order to be deemed sufficient. Damages You May Recover for Suffering a Slip and Fall in Florida If your slip and fall accident was due to negligence on the part of a property owner, operator, or manager, then you would be able to recover compensation for: pain and suffering; medical bills for past and future care; lost wages; and any reduction in your earning capacity. Although punitive damages are uncommon in slip and fall cases, a skilled slip and fall attorney would be able to recover such damages if the defendant’s conduct amounted to a reckless disregard for safety – that is, if a property owner or manager egregiously ignored a known safety hazard, thus causing the slip and fall. Choosing the Right Florida Slip and Fall Accident Lawyer Slip and fall cases are often challenging and difficult to prove. To prevail, a slip and fall attorney must establish not only the existence of a dangerous condition, but the property owner’s actual or constructive knowledge of that condition. An experienced Florida slip and fall accident attorney would initiate an immediate investigation, and: Conduct a site inspection to ascertain the dangerous condition that caused the slip and fall accident; Secure evidence of the dangerous condition before it “disappears”; Track down witnesses to the slip and fall accident or with knowledge of the dangerous condition; Locate proof of prior complaints about the dangerous condition or of prior slip and fall accidents at the same location. A resourceful slip and fall attorney would then hire the appropriate experts on safety standards to determine the applicability and violation of governmental codes and regulations, and thus establish liability on the part of the negligent property owner for the slip and fall. For example, if the slip and fall occurred on a faulty staircase, he might engage the services of a structural engineer to show deviation in the height or width of the steps. Related Topics Slip and fall (and trip and fall) accidents overlap with related legal concepts, such as personal injury and premises liability. For more information, see: Premises Liability Personal Injury Wrongful Death Catastrophic Injuries Brain Injuries Spinal Cord Injuries Construction Accidents Swimming Pool Accidents In having handled hundreds of slip and fall cases, as well as trip and fall cases, The Shaked Law Firm has developed an expertise in such cases and has secured sizeable recoveries for clients hurt in slip and fall or trip and fall accidents. The Shaked Law Firm has both substantial experience and resources to best handle your slip and fall or trip and fall case. For a free consultation on a slip and fall or trip and fall case, please call us at our Miami office at (305) 937-0191 or toll free (877) LAW-0080 or e-mail us. Our slip and fall accident lawyers handle cases throughout the State of Florida including the cities of Miami, Ft. Lauderdale, North Miami, North Miami Beach, Aventura, Broward County, Dade County, South Beach, Miami Beach, Hollywood, Hallandale, and other cities throughout Florida.

Cruise Ship Accidents

Personal Injury Law Firm: Practice Areas Mishaps on a Cruise Vessel As Miami cruise ship accident attorneys, we are vastly experienced in litigating luxury liner accidents claims including those against Carnival Cruise Lines and Royal Caribbean. Our lawyers understand that cruise ship accidents claims are part of the law of the sea that involves cruise ships. Even though much of the admiralty maritime law generally applies to cruise ship related matters, there are many special laws that apply only to cruise ships claims. For instance, cruise lines sometimes insert special provisions into their passenger boarding passes that are legally allowed under U.S. laws.Throughout Southern Florida, namely, Miami and the U.S., millions of individuals experience a cruise to far away and exotic locations. Tourists and residents from across the country take these trips on cruise ships everyday with out giving much thought to anything bad happening to them. However, accidents and injuries will and do occur. Such accidents and injuries could have been easily prevented if the staff on such cruise ships had followed the proper and necessary precautions. If you or loved one have been the victim of an accident on a cruise ship, contact the Florida accident lawyers at the Shaked Law Firm. Have you or someone close to you been involved in a cruise ship accident? Our accident lawyers at the Florida Law Offices of the Shaked Law Firm can help you. Contact our Florida Accident Lawyers today! Some of the many wrongful injuries that have occurred on Florida Cruise Ships include: Molestation or rape by a cruise liner employee Assault and battery attacks Slip, trip or fall on a stair, or ladder Accidental pool drowning Missing at sea incidents Food poisonings like Norovirus Shore and Port Excursions Falling off a ship from negligence or cruise line’s strict liability Tour Injuries from shore excursions arranged by the luxury liner Jacuzzi burns Head Injuries Sexual or Physical Assault By Cruise Guests Wrongful death on a luxury liner including Carnival Cruise Lines and Royal Caribbean. The result of a wrongful injury case from a cruise ship accident will depend on where the wrongful injury occurred. If the injury occurred more than 10 miles away from the Florida coastline, maritime law will apply. However, if the injury actually happened within 10 miles of the Florida coastline, Florida State Law may apply. If a wrongful injury has occurred to you or a loved one while on a cruise off the Florida coast, contact our lawyers today. If someone is involved in a wrongful death while on a cruise ship, the Death on the High Seas Act is applied, and this involves a different set of laws than maritime or even Florida state laws. If you lost someone close, such as a lover, friend or family member, while they were on board a cruise ship vessel, contact our luxury liner accident lawyers to find out more about how the different laws apply and how you can receive compensation for your loss. Please note, that cruise ship accidents must be acted upon quickly due to statute of limitation rules that limit the time period in which one can file a wrongful injury or death lawsuit. If you or a loved one have been wrongfully injured while on a cruise, you may be entitled to monetary compensation for your injuries such as your pain and suffering as well as all your medical expenses. If you were searching for cruise ship accident lawyers in Miami, look no further. Passenger ship injures almost always require the help of luxury liner lawyers when your are seriously injured aboard their sea vessels. Contact experienced Miami cruise ship accident attorneys now at (305) 937-0191 or toll free 877-LAW -0080. Preserve your legal rights in your cruise line injury case. A Miami luxury liner accidents lawyer is standing by to guide you into our safe harbor. Miami injury attorneys are waiting for your phone call. Contact our accident lawyers in Florida today! Have you or someone close to you been injured while on a cruise ship? Our cruise liner accident lawyers at the Florida Law Offices of the Shaked Law Firm can help you with your lawsuit. Contact our Florida Accident Lawyers today! .

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