Florida Personal Injury Attorneys Blog

Fatal Accident in Alachua County Kills 10 and Injures More

Sun, 29 Jan 2012 20:17:33 -0500

Allachua County, Florida - Florida Highway Patrol reported a series of fatal multi-car accidents in I-75 in Alachua County which killed 10 and injured at least 18 others. The initial trigger of the accidents was thought to be from poor visibility from smoke.

Despite the poor visibility, the drivers still has an obligation to use reasonable care. As a result of the negligence of one or more drivers, several drivers and passengers were killed and severely injured. The Florida Highway Patrol said involved at least 12 passenger cars and about seven semi trucks.

Most of the collisions were on Interstate 75, said Alachua County Sheriff's Office Sgt. Todd Kelly, with other crashes occuring on U.S. Highway 441.

The interstate's northbound and southbound lanes remained closed Sunday afternoon, and would stay closed until the roadways are cleared, the Florida Highway Patrol said. Traffic was being detoured.

"It was just so crazy," said one Gainesville resident. "We were just sitting in the car and all of this came out of nowhere."

Costa Cruise Accident Kills Several Passengers Near Italy

Sun, 15 Jan 2012 06:53:48 -0500

Costa Cruise accident - Several Costa cruise passengers are feared dead with an estimated sixty more still missing after a cruise departed from Italy.

Reports say that the ship began to list, or tilt to one side, and then began to sink.

Cruising is often an amazing, relaxing vacation, but things can go wrong. Cruise lines generally have a legal obligation under maritime law to act reasonably under the circumstances. When they don't, they could be held liable for damages or wrongful death.

Florida's Dram Shop Act and Liability for Serving Minors and Alcoholics

Wed, 11 Jan 2012 08:15:48 -0500

Fort Lauderdale, FL - Many Florida personal injury lawyers shy away from liquor liability claims and pursue only the underlying accident or injury case. If a drunk driver hits or kills someone, many injury attorneys will only pursue claims against the drunk driver or any possible uninsured or underinsured motorist coverage. Inquiry into the accident should not stop there.

Liability in Florida for serving alcohol to minors or alcoholics
Florida has a Dram Shop Act which may impose liability on bars, restaurants and homeowners if certain provisions are met.

Florida Statute section 768.125 states that a person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

My Attorney Withdrew From My Accident Case...What Now?

Sun, 01 Jan 2012 12:07:01 -0500

What should I do if my attorney closes my accident or injury case?
We often get calls or email submissions from accident victims and families of wrongful death victims who were dropped by their prior attorney, and who believe they were hurt by someone else's negligence. They want us to take their case.

Lawyers drop cases for a variety of reasons, so don't be discouraged if your lawyer drops your case. Reasons include:

Lawyer is too busy to effectively handle all cases

Lawyer is not experienced enough to recognize the value in your case

Lawyer got in trouble with the State Bar and must withdraw from all cases

Lawyer took a job with another law firm and can't take your case any longer

Law firm split up and you are left to find another lawyer

Case was denied and lawyer won't file a lawsuit

Conflict of interest prevents the lawyer from continuing with your representation

You and your lawyer don't get along anymore and the attorney withdraws because of irreconcilable differences

The list is not absolute, but suffice it to say that I've handled many cases where other lawyers couldn't resolve the case. Just because one lawyer says he or she can't help you didn't mean you have no case. It may simply mean that one lawyer out of tens of thousands can't help you.

My Attorney Is On My Cell Phone - Attorney Apps

Fri, 30 Dec 2011 12:43:56 -0500

My Attorney App by the Law Offices of Jason Turchin for Android and iPhone

To better connect with our clients, we developed the My Attorney App for Android phones, iPad and iPhone. The app has several purposes:

To enable our clients to reach us whenever they need through simple push button calling, an easy to use texting feature, and a quick case question submission form

To provide prospective clients with quick and easy contact to our office

To give free accident checklists for clients and prospective clients to give them tips on what to do in case of an accident

To have an Accident Help Kit available for clients to write in accident-related information and email it directly to my office

To allow other lawyers to join our referral team and co-counsel with us on cases outside of their practice area or location

To have easy access to our website and Facebook fan page

To provide background information on our firm

To highlight prior settlements and verdicts

No need a Vanity Number or Texting Number when you can have my Attorney App

Rollover Accident on State Road 826 in Miami Sends One to Hospital

Mon, 26 Dec 2011 16:23:56 -0500

MIAMI, FLORIDA - A rollover vehicle crash on State Road 826 in Northwest Miami-Dade caused one car to catch on fire and sent one person to the hospital this past weekend.

According to the Florida Highway Patrol, the accident happened on the southbound lanes of the 826 just south of Northwest 74th Street.

FHP said a Volkswagen Jetta struck the rear of a pickup truck, which caused the truck to flip over. The impact also caused the Jetta to catch fire.

The driver of the truck was airlifted to Jackson Memorial Hospital in critical condition, according to FHP.

Presumption of Fault in a Florida Rear End Accident

Civil Claims Publicized for Molestation Victims

Wed, 14 Dec 2011 20:36:26 -0500

Molestation Victims May Pursue Civil Claims
As the smoke starts to clear on the Penn State-Sandusky molestation claims, Syracuse University molestation accusations, and other recent child molestation claims, one major victory for me as a crime victim's rights advocate is that the public is seemingly more aware that victims have rights to pursue civil claims as crime victims.

Florida has a comprehensive crime victim's rights law. The law ranges from the rights in criminal proceedings, to victim's compensation, to Florida's Constitution, to civil claims for crime victims.

What types of compensation can a crime victim recover in Florida?

Slip and Falls in Florida are among the most common emergency room visits

Fri, 07 Jan 2011 20:09:06 -0500

According to the National Safety Council, slip and fall injuries are among the top reasons for emergency room visits. The average medical expense costs for a slip and fall injury is estimated at $28,000.00 according to the Bureau of Labor Statistics. What does this tell us? There is a significant impact on the public when someone slips and falls.

Florida Sure Step lists safety tips for preventing slip and fall injuries. Among these are selecting proper flooring in stores and restaurants, properly training housekeeping, controlling access to slippery areas, and ensuring proper warning signs where there is a slippery substance on the floor.

Many Florida slip and fall injuries are preventable. As discussed by Florida Sure Step, there are many precautions a company can take to reduce the incidents of slip and fall injuries.

Bicyclist Killed in Sunrise Florida After Being Struck By Car

Wed, 05 Jan 2011 11:13:17 -0500

For the second time in a week, a bicyclist was struck by a car and killed in Sunrise, Florida, according to NBC Miami. The accident happened around the 2500 block of W. Sunrise Blvd.

Bike accidents are common around South Florida and often result in serious injuries or death. When a bicyclist is killed in a car accident in Florida, this is a devastating time for the family. To make matters worse, some insruance companies will send adjusters out to meet with the family to try and get a quick settlement. It is important that families wait to talk to an attorney who can properly advise them of their rights.

We've represented many bike accident victims and families of those whose loved ones were killed in automobile accidents. In an accident like the one that killed the bicyclist in Sunrise, evidence gathering at the beginning of the case may be crutial to determining fault. Without a witness willing to talk, physical evidence collection may be vital to proving who caused the accident. Remember that the victim is dead and the driver may not speak under a privilege against self-incrimination.

Hialeah Florida teens died from apparent carbon monoxide poisoning in motel room

Mon, 03 Jan 2011 18:53:38 -0500

Hialeah Fire Rescue and Police are investigating a horrible accident where 5 teenagers were found dead in a motel room from apparent carbon monixide poisoning. According to news reports, a car was left running outside of the room but somehow the toxic fumes were able to get into the motel room.

The reports also indicated that building inspectors were looking into whether improper maintenance or inadequate ventilation contributed to the deaths.

If there was a building code violation found to have contributed to the deaths, Florida law may allow a wrongful death claim to be brought against the Motel owners. Florida law generally requires property owners to reasonably maintain their property and to make sure it is to code. Under the comparative fault laws, even if the Motel was 10% responsible for contributing to the deaths, they could be held to pay 10% of the total verdict or amount of money to compensate these families for their losses.

Miami hit-and-run crash kills three and injures another victim

Sun, 02 Jan 2011 19:58:49 -0500

On Sunday, January 2, 2011, Robert Wissler, 25, was driving a Honda Civic when the vehicle was struck by a van allegedly driven by Cedric Levon Williams. The severe impact caused Wissler's vehicle to strike a street light, killing him and two passengers and injuring a fourth.

According to police, Williams fled the scene after the crash and failed to help or render aid. While the driver will now face criminal charges, the families of those who lost loved ones will be changed forever. Florida's wrongful death and auto accident law permit the families to bring their own claim against Williams for the wrongful death of their children.

Florida law may also allow the families to pursue punitive damages against Williams for his apparent willful, wanton disregard for the safety of the public.

Cruise Injury Claims May Be Lost If Not Filed Within 1 Year

Wed, 15 Dec 2010 10:29:29 -0500

Cruising is a lot of fun for most passengers, but accidents do happen. The major cruise lines try to limit their legal responsibility to pay passengers money damages if they cause or contribute to any injuries. Most passenger contracts have provisions which contain these limitations. Here are some common limitations:

Notice of the claim must be made within 6 months

A lawsuit must be filed within 1 year

The Court where the lawsuit must be brought is specified in the contract; i.e. US District Court in the Southern District of Florida - Miami Division

Nearly every cruise line has these limitations in your passenger contract. The limitations may also apply regardless of where in the world the injury occurred. For example, Carnival Cruises generally requires that all claims be brought in Miami in the US District Court for the Southern District of Florida. This means that if a passenger leaves a port in California and gets hurt on the Carnival ship, they may have to bring the claim in Miami.

Weston FL Tractor Trailer Crash Kills Three and Injures Three Others

Mon, 13 Dec 2010 20:28:12 -0500

According to witnesses, on December 10, 2010 a semi-truck was travelling at a high rate of speed on US 27 in Weston, Florida when it rear-ended a vehicle with several teenagers inside. Three of the teens died following the crash. The witness said, "What had happened, that semi-truck had come at tremendous speed. That black car looked like it was at the side of the road, broken down."

The police were investigating the crash to determine fault.

Trucking accidents in Weston, FL are common in US 27 and on other "trucking" roads throughout South Florida. South Florida Truck Accident Attorneys can handle the investigation and civil prosecution of these cases. When a catastrophic accident like this happens, it is important to investigate the facts, secure witness testimony and gather evidence which could disappear over time. In a wrongful death case caused by a tractor trailer where there is a dispute over how the accident happened, an accident reconstructionist may also be necessary to help determine fault.

Trucking companies often have attorneys and claims representatives trained to begin preparing to defend their actions following the accident. Families should consider hiring a Florida Wrongful Death Attorney to protect those who may have rights on behalf of the deceased children.

Walmart ordered to pay $15million in slip and fall case

Tue, 09 Nov 2010 20:10:59 -0500

According to The Tribune, a woman was awarded $15,000,000.00 for injuries sustained in a slip and fall. She allegedly underwent multiple surgeries on her back and incurred hundreds of thousands of dollars in medical bills.Walmart said it would appeal the verdict.

When someone slips and falls in a Walmart store in Florida, whether it is in Miami, Fort Lauderdale, Orlando, Naples or Ocala, Walmart generally has a duty to reasonably maintain their premises. When they breach that duty and it causes a customer to slip and fall and get hurt, a jury may find that Walmart caused the injury and may award a large amount of money to compensate the customer.

Florida's slip and fall law may allow a victim of a slip and fall to recover money for their medical bills, lost wages, pain and suffering and other out of pocket expenses.

If you were the victim of a slip and fall at Walmart anywhere in Florida, you may be entitled to recover money damages for your injuries. For more information or to speak with a Walmart slip and fall attorney, please feel free to call us at (888) 99-VICTIM. That's (888) 998-4284.

Florida Sexual Assault Victims May Be Entitled to Money Damages

Mon, 12 Jul 2010 13:02:34 -0500

When someone is sexually assaulted in Florida, there are three main areas of relief for the victim: Restitution through the criminal case; Florida's Crime Victim Compensation Fund; and a Crime Victim Civil Claim.

The criminal case focuses on the criminal and punishing the person for committing a crime against the state of Florida. The Compensation Fund focuses on provided some financial assistance to the victim to help pay for counseling expenses and other costs. The civil claim focuses on the crime itself.

In a civil claim for a sexual assault victim, we focus on the crime to see whether it could have been prevented or if it was foreseeable. If for example a woman uses an ATM and is robbed or raped while on the bank's property, the bank may be held liable under Florida law if they could have prevented the attack. Bank ATM rapes in Florida may be preventable if the bank fails to follow certain statutory guidelines.