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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

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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.

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

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.

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.

Florida Wrongful Death Act – your rights

Disclaimer:  This is part of the 2008 version of Florida Statutes and it is offered for general information purposes.  The statutes on this site should not be relied on without reviewing your legal situation with an experienced lawyer and making sure you are using the appropriate version of the statute for your case.  The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not.  Other statutes and other case law interpreting or applying these statutes may also apply to your case.

(The information on this site applies to Florida only)

768.16  Wrongful Death Act.–Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”

History.–s. 1, ch. 72-35; s. 105, ch. 2003-1.

768.17  Legislative intent.–It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.

History.–s. 1, ch. 72-35; s. 106, ch. 2003-1.

768.18  Definitions.–As used in ss. 768.16-768.26:

(1)  “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.

(2)  “Minor children” means children under 25 years of age, notwithstanding the age of majority.

(3)  “Support” includes contributions in kind as well as money.

(4)  “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.

(5)  “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.

History.–s. 1, ch. 72-35; s. 66, ch. 77-121; s. 40, ch. 77-468; s. 1, ch. 81-183; s. 3, ch. 89-61; s. 1, ch. 90-14; s. 1167, ch. 97-102; s. 107, ch. 2003-1.

768.19  Right of action.–When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

History.–s. 1, ch. 72-35.

768.20  Parties.–The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer’s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.

History.–s. 1, ch. 72-35; s. 1168, ch. 97-102.

768.21  Damages.–All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1)  Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2)  The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.

(3)  Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(4)  Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

(5)  Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.

(6)  The decedent’s personal representative may recover for the decedent’s estate the following:

(a)  Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

1.  If the decedent’s survivors include a surviving spouse or lineal descendants; or

2.  If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.

(b)  Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).

(c)  Evidence of remarriage of the decedent’s spouse is admissible.

(7)  All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.

(8)  The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

History.–s. 1, ch. 72-35; s. 2, ch. 81-183; s. 1, ch. 85-260; s. 2, ch. 90-14; s. 1169, ch. 97-102; s. 1, ch. 2002-44; s. 66, ch. 2003-416.

768.22  Form of verdict.–The amounts awarded to each survivor and to the estate shall be stated separately in the verdict.

History.–s. 1, ch. 72-35.

768.23  Protection of minors and incompetents.–The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law.

History.–s. 1, ch. 72-35.

768.24  Death of a survivor before judgment.–A survivor’s death before final judgment shall limit the survivor’s recovery to lost support and services to the date of his or her death. The personal representative shall pay the amount recovered to the personal representative of the deceased survivor.

History.–s. 1, ch. 72-35; s. 1170, ch. 97-102.

768.25  Court approval of settlements.–While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.

History.–s. 1, ch. 72-35.

768.26  Litigation expenses.–Attorneys’ fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in proportion to the amounts awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall be paid from their awards.

History.–s. 1, ch. 72-35.

If you have lost a loved as a result of another’s negligence, please contact the personal injury lawyers of the Shaked Law Firm, P.A. in Miami, Florida for a free consultation about your case.

Ex- Miami Dolphins Receiver wins $11.5 Million in Medical Malpractice Lawsuit

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.

Pool Drains Remain Unsafe Despite New Florida Regulations

Another swimming pool accident occurs in Miami, Florida. On August 24, 2009, a child’s arm was sucked into a pool drain at a Key Biscayne Condo (Key Colony Condominiums). The rescue workers used jackhammers and respirator equipment to save the girl’s life a frightening reminder about the continued problem of pool drain safety around the country.

“My heart really sank,” said Florida Congresswoman Debbie Wasserman-Schultz when she saw video broadcast the morning the rescue workers were trying to free a three-year-old girl when her arm got trapped in a skimmer drain. “The number two killer of children under 14 in this country to accidental death is drowning in swimming pools.”

The girl is in stable condition after she was airlifted to a local hospital.

An ABC News investigation last summer highlighted the risks of small, flat drain covers at public pools. Producers and interns from the ABC Investigative Unit and from affiliates in San Francisco, San Diego and Orlando showed improper drain covers and dangerous drains from hotels, apartments and municipal pools all over the country.

Wasserman-Schultz, a mother of three, was a key player in the 2007 passage of the Virginia Graeme Baker Pool and Spa Safety Act, which required updated domed or large, flat covers and better safety regulations for public pools and spas in the U.S.

According to Paul Pennington, a pool safety expert, the advantage of new domed-shaped drains or large flat drains is that it makes it much harder for a skimmer to create the dangerous vacuum effect. A domed drain cover is not only “the kind of drain cover that is required” by the new law, but Pennington said, “you should want to put it in.”

Wasserman-Shultz said these new anti-suction drain types would have prevented this morning’s incident in Key Biscayne. “The fact that this little girl got her arm stuck in the powerful suction of the skimmer is just another example of how powerful the suction is without safety equipment and these are pools that should be shut down,” she said.

Pools at apartment complexes and condos, like this accident, are considered public and are subject to the new law.

Federal Law
Experts and legislators alike show frustration and disappointment with the new law’s enforcement around the nation and, for Wasserman-Schultz, this accident in Key Biscayne exacerbates fears about the larger picture of the law’s lack of compliance.

“My first thought was, ‘Oh my God, I hope this pool was in compliance.’ But my fear is that it wasn’t and that this accident was entirely avoidable,” she told ABC News.com.

“There are hundreds of accidents every year where children drown in pools and states that are resisting enforcing the Virginia Graeme Baker Act are essentially putting the public at risk,” Wasserman-Shultz said. “To turn the other cheek and ignore a federal law that’s been on the books to require these pools to be compliant for over a year is unconscionable.”

Brain Injuries – Overview of the Invisible Injury

Brain injuries are devastating, life changing, and they generally are not obvious to the casual observer. In fact, traumatic brain injuries are called the “silent epidemic” and the “invisible injury” largely in part because victims sometimes aren’t even aware that something is wrong.

Traumatic Brain Injury (TBI) is not like any other injury. Sadly, because many of the symptoms of “mild” to “moderate” traumatic brain injury are subtle, and because the injury commonly avoids detection on our most sophisticated hospital imaging equipment, it is common for victims to go undiagnosed. This is especially so in the emergency room.

Due to the invisible nature of the injury, victims of traumatic brain injury only rarely receive prompt treatment for their physical and cognitive impairment. Not uncommonly, victims’ early medical charts are devoid of any mention of “head injury” or “cognitive impairment”. It is only later, if lucky, that a health care professional validates the victims” injury, and treatment finally ensues.

As with most misunderstood injuries, society and “old school” health care practitioners, are apt to label the TBI victim a malingerer, or worse. Because victims of traumatic brain injury appear outwardly just as they did before the injury, it should come as no surprise that many victims describe their post-injury experience as including progressive social isolation together with alienation from even immediate family.

“Left to fend for themselves, the victims of traumatic brain injury, already confused by their inability to be the people they were prior to the injury, now face the daunting task of demonstrating that an injury they do not understand and cannot comprehend is producing the confusion they cannot communicate.”

Practically, victims of TBI are unable to process information at pre-injury rates of speed. Nor is the range of subject matter about which an individual can think the same for a victim of traumatic brain injury. Accurate judgment becomes difficult, at best.

Communication is oftentimes stifled, and the ability to conform behavior is impaired. Violent behavior may manifest as a result of frustration and inability to respond in a pre-morbid (pre-injury) manner. Headaches are common, and smell and taste can be affected. Memory and recall are often times profoundly affected.

Conscious or unconscious awareness of the situation becomes the private “hell” of the victim, who is alone and unable to diagnose or resolve the injury. Describing this unfortunate circumstance, Dr. Antoinette R. Appel has stated: “Left to fend for themselves, the victims of traumatic brain injury, already confused by their inability to be the people they were prior to the injury, now face the daunting task of demonstrating that an injury they do not understand and cannot comprehend is producing the confusion they cannot communicate.”

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