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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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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.

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.

Sagi Shaked

SAGI SHAKED actively litigates cases involving catastrophic injuries, and wrongful death on behalf of the victims and their families. These cases include vehicular collision, product liability, medical negligence, nursing home abuse/neglect, trucking catastrophe, industrial manufacturers, insurance disputes, premises liability, drowning victims, airline accident, burn victims, and others. At age of 28, Mr. Shaked was one of the youngest lawyers in the United States to achieve a multi-million dollar verdict for a single personal injury lawsuit.  Mr. Shaked is a Florida Bar Board Certified Civil Trial Lawyer.

In 2009, Mr. Shaked obtained a five million dollar ($5,000,000.00) settlement for his client in a medical malpractice case.  This multi-million dollar settlement is believed to be 1 of a handful of multi-million dollar settlements in medical malpractice cases since the Florida Legislature put caps on medical malpractice cases years ago.

Mr. Shaked is a Founding Partner of the Shaked Law Firm, P.A. He is a graduate of Florida International University, where he received his B.S. with honors in 1996. In 1999 he graduated with honors from Nova Southeastern University Shepard Broad Law Center.

Mr. Shaked is a member of the Florida Justice Association formerly known as the Academy of Florida Trial Lawyers. He is the immediate past chair of the Young Lawyers Section for the Flordia Justice Association. He has chaired numerous committees with the Dade County Bar Association. He successfully completed a three year term as Board member for the Dade County Bar Association. He is an active member of the Board of Director for Miami-Dade Justice Association formerly known as the Dade County Trial Lawyers Association. Mr. Shaked is an EAGLE Friend member of the Academy of Florida Trial Lawyers.   Mr. Shaked is a member of the distinguished Southern Trial Lawyers Association (STLA), American Association for Justice (AAJ), and The American Trial Lawyers Association (ATLA).  In addition, Mr. Shaked has been named one of the state’s top “Up & Coming Attorneys” in the State of Florida by the South Florida Legal Guide in 2005-2009.

Mr. Shaked is admitted to practice before the United States District Court for the Northern and Southern Districts, United States Court of Appeals for the Eleventh Circuit, District of Columbia, Supreme Court of Florida, and all state courts within Florida.

Mr. Shaked is fluent in English and Hebrew.

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

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.

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.”

Birth Brain Injury results in 15 million dollar settlement

Vanessa Jenkins, an Aurora woman, brought a medical malpractice lawsuit against Valley West Community Hospital in Sandwich, and DeKalb County, after her son sustained a brain injury at birth. The suit claimed that Jenkins was admitted to Valley West Community Hospital in Sandwich on Oct. 19, 2001 for the delivery of her son, Cody Smithey.

Sources familiar with the negotiations stated that as part of a settlement reached, DeKalb County agreed to a $15.35 million medical malpractice settlement with Jenkins, resolving the claims. County officials stated that the payout, approved by Judge Kurt Klein, was the largest ever in DeKalb County.

If you have a similar problem and would like to be contacted by our lawyers at no cost or obligation, please click the link below.  Contact Our Personal Injury Law Firm.

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.

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