How to Determine if You Have a Well-Founded Personal Injury Case – South Florida Accident Attorneys

Many people who are not familiar with the way our legal system works think they can sue anyone for anything. In a broad sense, that is theoretically true because the 7th Amendment to the Constitution says you can, but in the real world it doesn’t make sense for an individual to pursue a case that has no chance of winning.

There are stories of frivolous lawsuits in the news from time to time and certainly no reasonable person wants to be involved in a court case that is not justified. But a real injury sustained in any type of accident should be evaluated medically and then the circumstances should be reviewed by an expert. Time is of the essence in these cases because critical evidence, people’s recollections, and other factors change over time.

The right to free speech, to a fast and fair trial when charged with a crime, the right to freedom from unreasonable search and seizure, and the right to freedom from cruel and unusual punishment are contained in the 1st, 6th, 4th, and 8th amendments and most people are familiar with them. The 7th amendment says “In Suits at common law, where the value in controversy shall exceed twenty dollars, the rightSouth Florida Personal Injury Lawyer of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law” and this very important amendment allows individuals to sue when they believe they have been injured or harmed physically or financially.

Imagine sitting in your car at a red light, and a careless driver crashes into you from behind causing you to be injured. The driver gets a ticket, but then says, “too bad for you” and goes home. Without the 7th Amendment you might have some help from your insurance company but would have no recourse to pursue real justice including compensation for medical expenses, pain and suffering, and time lost from work, or the ability to earn future wages.

The bottom line is, if you’re in an accident, you suffered damages to your vehicle or your property, you may have been injured, and you are experiencing a negative impact on your ability to carry out your normal routine, stop tossing everything around in your head and call a qualified attorney. We have seen too many situations where someone hesitates because they don’t understand the system and they fail to act.

South Florida Accident Attorneys – Personal Injury Cases

The Law Firm of Lazarus and Lazarus has successfully represented hundreds of victims over the past 25 years, working hard to see that all their rights are preserved and defended. We will not stop until every effort is made to get our clients the maximum compensation for their injuries as permitted by law. We can be reached 7 days a week at 954-356-0006.

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Do you know how many constitutional amendments there are? It’s a good idea to be familiar with all your rights! Click here to read the Constitution, Articles and Amendments.

Prescription Errors

Pharmacy and Drug Company Errors – Confusion with Directions and Dosages Can Lead to Disaster

Prescription ErrorsImagine this scenario: Your child is sick and has a fever. You go to the store and purchase medicine recommended by the pharmacist, go home, and read the directions. The directions say to give 5 milliliters but the measuring cup is marked with lines that correspond to teaspoons. Could you possibly pour out 5 teaspoons and give that to your child? It’s possible, and mistakes like that are made every day which is why so many are hurt by both prescription and over-the-counter medications every day.

5 ml = 1.014 teaspoons so 5 teaspoons would be approximately 25 milliliters or 5 times what the proper dosage is.

This was in the news recently: One lot of Children’s Advil® Suspension, Bubble Gum Flavored Liquid bottles (4 fluid ounces) is being voluntarily recalled by Pfizer Consumer Healthcare, a division of Pfizer Inc. The recall was issued due to customer complaints that the dosage cup provided is marked in teaspoons, and the instructions on the label are described in milliliters, according to the FDA.

A pharmacy filling 250 prescriptions a day averages four mistakes according to National Observational Study of Prescription Dispensing Accuracy and Safety in 50 Pharmacies – Journal of the American Pharmaceutical Association. 48.3% of errors involved dispensing the wrong medication and 31.5% involved the wrong dosage.

Sometimes mistakes are made because of the thousands of different names assigned to different drugs, and many of them are similar. Sometimes mistakes happen because there are so many people involved in the chain that starts with a doctor or other healthcare worker writing a prescription, a pharmacy tech accepting the order and placing into a processing system, and a pharmacist dispensing the drugs. There is supposed to be a system of checks along the way, ending with a consultation when the medicine is picked up and paid for, but mistakes are made, like this one reported by www.pharmacytoday.org:

The technician made many errors transcribing the prescriptions. The most significant was confusing once-daily methotrexate for the metolazone that had been prescribed. The pharmacist approved the once-daily methotrexate, later explaining “for some reason I didn’t recognize the weekly versus daily. It didn’t click in my mind.” The pharmacy’s computer system did not flag the once-daily methotrexate dosing schedule.

The patient’s husband picked up the medication. He was asked if he had any questions, to which he replied no. No additional patient education was provided. The patient used the methotrexate daily as instructed on the label, and she died less than 1 month later from the effects of the drug.

A series of errors that could have and should have triggered a red flag and stopped the process and triggered a delay did not happen. As a patient, and we stress this constantly, you are ultimately the last defense against serious injuries from careless, negligent, or just over-worked healthcare professionals. It is crucial that you take the time to review each prescription you receive. Ask your doctor why you are being prescribed every medication. Ask for it’s intended outcome, how to pronounce the name of the drug, and ask about the dosage and directions. Ask for a consultation with the pharmacist when you pick up your medications and insist that everything is explained to you carefully.

Most pharmacies display a picture of what the medication should look like, so check to make sure you receive what you’re supposed to be getting.

Finally, if you think that you may have been the victim of an error by your doctor, your pharmacy or pharmacist, the drug company, or anyone else, we are here to help. We have been helping people hurt by pharmacy errors for over 25 years and we’re aware of how these problems usually happen. Call us at 954-356-0006 if you have questions.

 

Reducing Motorcycle Crash Risks with Better Technology – Fort Lauderdale Motorcycle Accident Attorneys

Fort Lauderdale Motorcycle Accident AttorneysIf you’re over the age of fifty you probably recall when people routinely drove around without using seat belts, and children were often free to roam around the family station wagon with no car seats. Thankfully we have become better educated about seat belt use and advanced technology has created several systems that help protect us without even thinking about them.

Probably the most profound advancements have come in the form of airbags. You might be surprised that the first person to apply for a patent for automobile airbags did so in 1952, they were not standard equipment until 1990 when Ford put them in all their passenger vehicles.

The first recorded accident between two vehicles in which an airbag deploys to protect each driver occurred on March 12, 1990.

Today we enjoy the extra protection of many more airbags all over cars, and other safety features like anti-lock brakes and sensors that can automatically stop our cars if they are about to crash.

All this is great, but what about our friends who ride motorcycles? The National Transportation Safety Board is tackling the issue and a new report is out with recommendations. The report is focused on two targets: (1) adding high-tech safety features to motorcycles and (2) adding systems and features that will allow automobile drivers to better “see” motorcycles. We know that the number one cause of motorcycle accidents is when a driver turns left in front of an oncoming motorcycle.

Hopefully, making anti-lock brakes standard on motorcycles, adding better stabilizing systems, and implementing technology so auto drivers can anticipate the presence of a motorcycle when entering or crossing a road, making a turn or changing lanes, many high-risk traffic situations will reduce crashes and serious injuries.

Fort Lauderdale Motorcycle Accident Attorneys
Photo Courtesy of High Contrast

Some motorcycles are being offered for sale with airbags, and while that may seem impractical, they are working.

Finally, the NTSB report recommended that the use of alcohol by motorcyclists be further examined because drinking and driving in motorcycle accidents is disturbingly high. We ask everyone to please refrain from drinking and driving or texting while driving. Uber makes it much easier and much safer for those who have a problem with this. Please use them.

Fort Lauderdale Motorcycle Accident Attorneys

We have been helping victims of motorcycle accidents for over 25 years and the numbers of serious injuries and deaths is way too high. Please ride safely and if you are hurt in an accident we can probably help. Call us at 954-356-0006 and we’ll listen.

Here is a link to the preliminary report by the NTSB: Select Risk Factors Associated with Causes of Motorcycle Crashes

 

 

Have Your Vision Checked and See What You Might be Missing – Fort Lauderdale Accident Attorneys

Accident statistics have advanced to the point where we have a good idea how many accidents happen because of temporary driver impairment (drugs, alcohol, etc) and driver distraction (texting or talking on the phone) but we don’t have accurate data regarding how many accidents are caused by poor vision. Even though the first thing many people say after an accident is “I didn’t see them” we don’t test people’s vision after an accident to see if indeed they didn’t see the other car or the pedestrian because they simply can’t see well.

Fort Lauderdale Accident AttorneysWhen someone applies for a driver’s license in Florida for the first time they much pass a written test, a driving test, a hearing test, and a vision test. After that they can renew their license every eight years with no further tests, until they reach the age of 80. Customers who are 80 years of age or older and are not eligible to renew their driver license online are required to pass a vision test.

Requiring elderly drivers to have their vision checked is probably a good idea, but eye problems happen in people of all ages. For example, is it difficult for you to see at night, especially while driving? Is it tough to find your way around in dark places, such as movie theaters?

That is likely night blindness. It’s a symptom, not a problem in its own right. Nearsightedness, cataracts, keratoconus, and a lack of vitamin A all cause a type of night blindness that doctors can fix. Some people are born with this problem, or it might develop from a degenerative disease involving the retina, and that usually can’t be treated. If you have it, you’ll need to be extra careful in areas of low light. Retinal detachments can occur to people at any age, and it is a dangerous situation that can result in blindness if not treated immediately.

Lazy eye, color blindness, cataracts, crossed eyes, and glaucoma are all vision problems that can happen to anyone at any age, and they can all cause a reduction in a driver’s ability to see the road as well as they should. Even someone who works long hours at a computer can have blurred vision and should probably not drive.

The solution: see your eye doctor regularly. A thorough exam will spot any irregularities or disease and early treatment may correct or stop the progress of damage.

Fort Lauderdale Accident Attorneys

The Law Firm of Lazarus and Lazarus helps people who have been injured in automobile, truck, and motorcycle accidents and we have over 25 years of experience getting results. If you have been involved in an accident and have questions, please call us at 954-356-0006 and we’ll listen to you.

 

The Power of Persuasion – Choosing a Personal Injury Accident Attorney

Did you ever go to a restaurant, look at the menu, but after several minutes you still don’t know what you want to eat? Sometimes a really talented server will recommend an entree with such descriptive and persuasive articulation that your mouth waters, so you order it and sure enough it’s delicious! Servers that good should consider going to law school because an important skill for successful attorneys is the power of persuasion.

Successful lawyers have many skills and abilities, but one of the most important is the ability to communicate, inform, explain, and persuade people. The ability to persuade goes beyond the courtroom theatrics we see on television, when an impassioned plea is made to a jury to spare the life of a defendant or something along those lines. In real life attorneys make phone calls, write emails, write motions to the court, and meet personally with other lawyers to obtain the best possible outcome for their client, often relying on their power of persuasion.

If you’re an iPhone or other Apple product user you probably look forward to the release of the next new computerFort Lauderdale Personal Injury Attorney or phone with great anticipation, and founder Steve Jobs introduced his latest and greatest gizmos with great fanfare. Many people believe Jobs was the greatest persuader of our time, and today the company continues the tradition he started with spectacular launch events. Enough people are persuaded to make Apple one of the top 10 richest companies in the world.

In the legal profession, we don’t have big publicity events to make our case. The courts have a very strict set of rules and guidelines to follow so our system retains the integrity that inspired the phrase engraved on the front of our United States Supreme Court building, “Equal Justice Under Law.” We’re not selling cell phones or cars, we are working to see that justice is done and that our clients receive the best possible outcomes while protecting their rights. In addition to being persuasive, attorneys must have the education, license, skills, and character to execute their duties according to the law and, in Florida, the rules and ethics established by the Florida Bar.

In addition to the ability to persuade, attorneys must have many other attributes and qualities, including compassion. We’ll write about more in the near future.

If you have questions about anything related to an accident or personal injury situation, we’re here to help. Call us 7 days a week at 954-356-0006.


The materials contained on this website have been prepared by Lazarus and Lazarus and are intended for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship.

Past results obtained by Lazarus and Lazarus attorneys are no guarantee of future results. Each case or matter is different and is judged on its own merits. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free, written information about our qualifications and experience.

Fort Lauderdale Accident Attorneys

Prepare for Your Summer Road Trip – Fort Lauderdale Accident Attorneys

Accident Attorneys Fort LauderdaleDid you know that our nationwide network of highways is actually called the Dwight D. Eisenhower National System of Interstate and Defense Highways? The system is named for President Dwight D. Eisenhower, who championed its formation. Construction was authorized by the Federal Aid Highway Act of 1956, and the original portion was completed 35 years later, although some urban routes were cancelled and never built.

Before all the highways were built people weaved their way through towns and farmlands on narrow roads, and long distance trips took far more time than they do today. Many families choose road trips over air travel for their summer vacations and pack the car, truck, or camper because they enjoy the sights, but it is prudent to be properly prepared.

Some of the things you’ll want to think about before you embark on your trip involve a thorough mechanical check of your vehicle, your car insurance, and your health insurance.

Hopefully you have a regular maintenance schedule for your car and stick to it, but even if you do it’s a good idea to double check the things that are most likely to cause problems on the road.

Overheating – Hoses, radiator, water pump, anything involving the coolant system should be inspected. Breaking down on a hot highway in the middle of July can ruin any vacation.

Belts – This is a big one. Most modern cars have one or two belts that run all the various systems: cooling, steering, electrical, and more. If your belts are worn, replace them.

Tires – Make sure your tires are properly inflated and the tread is not worn. Check your spare and make sure you have a jack that works in case you have a flat and need to change it.

Loading your car – Heavy loads should be packed in the center and low. Loading heavy items near the top, especially in a van or SUV can make the vehicle top-heavy and possibly more likely to tip over. If you use a roof rack, keep the same in mind, don’t overload. Always load according to manufacturers specifications.

Fort Lauderdale Accident LawyersCheck all your lights – Headlights, back-up lights, brake lights, and turn signals. Sit in the car and have someone stand outside while you check every light on the car.

Car Insurance – Call your insurance company or your agent and make sure you are up-to-date on payments and fully covered. If your roadside assistance is tied to your insurance make sure it will cover you if you’re far from home in the middle of nowhere and that your coverage includes long-distance towing.

Health Insurance – Chances are you’ll be out-of-network for your trip so keep in mind that medical emergencies don’t care where you are when they happen. Also, make sure you have an adequate supply of prescription medications with you, or have the ability to refill if needed.

Focus on the Road – We understand that people get excited when vacation time comes, and people tend to throw caution to the wind, but please stay focused on the road. Don’t text while you drive or stare at the GPS. Never, ever drink and drive. Look after your car, take care of details, and pay attention to the road ahead of you and you’ll have a vacation to remember forever.

The Law Firm of Lazarus and Lazarus works with people who have been injured in accidents, including many who have accidents on vacation. If you have questions about accidents, insurance, or anything else related to driving-related injuries please call us at 954-356-0006 and have a safe summer.

 

Are Uber Cars Safe? Fort Lauderdale Accident Attorneys

Uber was founded in 2009 and has grown to be the world’s largest ride-share company with over 5 billion trips completed, and the addition of UberEats, a food delivery service. While Uber’s growth has been amazing, it hasn’t been without controversy. Taxi companies in particular have challenged their business model, which competes with their share of the transportation market. Many taxing authorities have also resisted Uber because they were not subject to the same permit requirements as cabs and limousines. It seems a lot of that has now settled down, and Uber is apparently here to stay at least for a while.

You can click here to see Broward County’s regulations website page pertaining to for-hire vehicles, which includes “All for-hire vehicles that are permitted to operate in Broward County must be inspected by an ASE certified master mechanic or AATI master automobile technician from a licensed auto repair shop.”

But if Uber is not under the same guidelines as taxi cabs and limousines how do we know their cars are safe and their drivers are competent? A Florida Statute (627.748) covers insurance requirements for transportation network companies (like Uber) and Uber’s website tells drivers:

  • Depending on your city, your vehicle may need to undergo a 19-point inspection.
  • Vehicle inspections are required annually. You must have your vehicle inspected at least once every 12 months.
  • Please check that your vehicle meets your city’s Uber vehicle requirements before having your vehicle inspected.
  • It is your responsibility to make any repairs needed to pass the vehicle inspection. Please note that passing the vehicle inspection does not guarantee access to the Uber platform.

So the next time you tap your Uber app to request a ride, how will you know if the car has been inspected and is safe? Unless you want to request the driver provide you with all his maintenance records, you’ll have to take it on faith. Personally, I use a reversed version of the old adage “you can’t judge a book by the cover” and figure if the car is clean on the inside and out, appears well maintained, if the driver seems to have a professional demeanor, then chances are the brakes and tires are ok.

We have devoted a portion of our law practice to helping people who have been involved in accidents involving taxis, limousines, and ride-sharing vehicles. These incidents involve a special knowledge of how the law and insurance coverage works, so if you have questions about an incident that concerns you, please give us a call at 954-356-0006. We’re here to help.

 

Choosing a South Florida Auto Accident Lawyer

A hypothetical situation: You’re driving to Publix on a sunny Saturday morning and you’re stopped at a red light. Suddenly you’re hit from South Florida Accident Attorneybehind and your car is pushed forward! “What the heck was that?” you say as you look in your rear view mirror. There’s someone back there waving at you and they motion to pull over into a parking lot. So you move your car off the road and get out to look at your rear bumper as the other driver apologizes profusely. There’s only minor damage, but you’re a little shook up and confused about what to do. Most people have a tendency to want to be nice and so if the other driver urges you to write down his insurance company information and says “it’s minor, let’s not make a big issue about it,” you may be tempted to let it go. That might be a bad decision and here is why:

A couple days later you wake up in the morning and feel like your neck was judo chopped and you can barely get out of bed. What happened? It is quite possibly a delayed onset of whiplash, caused by an abrupt backward and/or forward jerking motion of the head, often as a result of a car accident. It is not unusual at all to feel fine for 24-48 hours after the actual trauma and then feel severe pain.

Some symptoms of whiplash:

  • Neck pain and stiffness.
  • Headaches.
  • Pain in the shoulder or between the shoulder blades.
  • Low back pain.
  • Pain or numbness in the arm and/or hand.
  • Dizziness.
  • Difficulty concentrating or remembering.
  • Irritability, sleep disturbances, fatigue.

Continuing with our hypothetical situation, you call the insurance company provided by the driver who hit you and they never heard of him. Strange, you think, he seemed like such a nice guy!

We’re going to go back to some issues we write about often because they’re important. When you are involved in an accident here are some dos and don’ts:

  • Do try to have a police report filled on scene, especially if you are certain the other driver is at fault.
  • Do not admit any guilt or even speak to others involved in the accident except to render aid.
  • Do take pictures of damage, insurance papers, license plates, the surroundings, traffic signs or anything that might be relevant to proving your point of view about what happened.
  • Do try to get the names and contact information for any witnesses who might help prove your side of the story about the accident.
  • Do not post anything on social media about the accident.
  • Do call a personal injury lawyer who specializes in accidents. Even if you think you are fine, you may have hidden injuries and the time to be screened for them is right away.

How do you choose an attorney?

  • Experience: Hiring one with experience in handling similar cases like yours.
  • Focus: Find one who is focused on your case and not juggling multiple cases at once.
  • Reputation: Reputation of the attorney in negotiating with insurance companies can play a major key in the amount of damages you receive.
  • Personality: Choose an attorney that you can get along with and also trust through the process.

There is never any obligation when you reach out to us at Lazarus and Lazarus to ask questions. Making the right decision about who will look out for your rights when you are injured in an accident is extremely important and we want you to take your time and make the choice that’s right for you. Call us at 954-356-0006 any time for a completely confidential consultation.

 

 

Fort Lauderdale Accident Attorneys

How to Deal With Road-Rageous Drivers – Fort Lauderdale Accident Attorneys

Road rage is a serious problem, and in south Florida it can be very hazardous to your health. This week an incident in Broward County started with one driver cutting off another and concluded with one driver getting hit in the head with baseball bats. Miami Herald story – click here.

The victim in this case apparently got out of her vehicle to go face-to-face with the other driver, and what we will say about this response is don’t do that. Ever. We all pay taxes for police protection, so call the police. The driver who was beaten has serious head injuries, a broken nose, and will possibly require long-term medical care. News reports say she stepped out of her vehicle to record the incident on her cell phone, and once again our advice is don’t do that. Stay in your car and call police. You never know what weapon another driver might have, a bat, a knife, or a gun.

If you see a problem developing with another driver on the road and you feel he or she may confront you, try to diffuse the situation. Nod, smile, say you’re sorry. Even if you aren’t and it wasn’t your fault. It’s better to swallow some pride than to end up in the hospital.

“A clever person solves a problem. A wise person avoids it.” Albert Einstein

Because Albert was just about the smartest person to have ever lived, it’s a good idea to model our advice on road rage after that quote. How do you avoid road rage, including your own?

Here are a few tips from the Progressive Insurance Company:

Fort Lauderdale Accident Attorneys - Road RageProtect yourself.
If you are dealing with an aggressive driver, make sure your doors are locked. If you’re stopped in traffic, leave enough room to pull out from behind the car you’re following. If an aggressive driver confronts you, dial 911 or go to the nearest police station.

Don’t take it personally.
Be polite and courteous, even if the other driver isn’t. Avoid any conflict, if possible. If another driver challenges you, take a deep breath and move out of the way! Never underestimate the other driver’s capacity for causing mayhem.

Reduce your own stress.
Allow plenty of time for a trip and listen to soothing music when you drive. Make sure your seat position and climate are both comfortable for you. And mostly understand that you cannot control traffic, only your reaction to it. In the end, you may find that personal frustration, anger and impatience are the real danger zones on the highway.

Report aggressive drivers.
Some states have a phone number that you can use to report dangerous driving to the appropriate law enforcement agency. Keep the number handy on your cell phone. If you make a call, be sure you give a vehicle description, license number, and the location and travel direction. You could prevent a tragedy.

Be a courteous driver.
You can set the example, which can help make our roads safer.

Control your anger.
Don’t take traffic problems personally.
Avoid making eye contact with an aggressive driver.
Don’t make obscene gestures.
Don’t tailgate.
Use your horn sparingly — even a polite honk can be misinterpreted.
Don’t block the passing lane.
Don’t block the right turn lane.

Fort Lauderdale Accident Attorneys

The attorneys at Lazarus and Lazarus are here to answer questions if you have been involved in an accident or a road rage incident. Our primary duty is to our client and we work very hard to make sure your rights are protected. Call us at 954-356-0006 if you have an issue you would like to discuss with us.

Can You Prevent an Auto Accident? Fort Lauderdale Accident Attorneys

What is an accident? By definition, it is “an undesirable or unfortunate happening that occurs unintentionally and usually results in harm, Fort Lauderdale Accident Attorneysinjury, damage, or loss; casualty; mishap.” Another definition is: (law) “such a happening resulting in injury that is in no way the fault of the injured person for which compensation or indemnity is legally sought.”

The State of Florida changed their reports years ago from “accident reports” to “crash reports” we assume because law enforcement does not want to be as involved in determining fault for a crash, and it is usually better for that to be resolved in a court of law.

Whatever you call them, accidents or crashes, they’re both bad and should be avoided. Some feel there’s not much you can do about avoiding an accident, but we know that to be untrue. In fact, here are five things you can do to significantly reduce your chances of being in an accident.

  1. Always keep one hand on the steering wheel. You should really keep both hands on the wheel, but if you have to change the radio station, please don’t let go with the other hand. Very dangerous, and you would be surprised how often some people do this.
  2. Watch for red light runners. When your light turns green, count to three before you enter the intersection and look both ways. Never assume someone is going to stop at a red light or stop sign. Use caution always.
  3. Never tailgate. Remember the faster you are traveling, the more space you need to leave between your car and the car ahead of you.
  4. Back up slowly and carefully. Use your mirrors, but it’s a good idea to turn around and really look carefully for other cars and pedestrians when you back up. In parking lots, people with shopping carts will assume you see them and so they’ll just move right into your path. Take your time, it’s not a race.
  5. Finally, probably the most important tip to avoid an accident is to never text when you’re driving. Just put the phone down and don’t even think about it. If it beeps or rings, deal with it when you’ve arrived at your destination. Nothing is worth taking your eyes off the road.

Fort Lauderdale Accident Attorneys

We have been helping people injured in accidents across south Florida for over 20 years, and we find that almost every crash was preventable. Please be careful, but if you are injured in a crash it’s important to have someone on your side who can determine the cause and help you get the help you need to pay for medical bills, lost time from work, damages, and your pain and suffering. We work very hard for our clients and we’ve earned an excellent reputation for doing so. Reach out to us by calling 954-356-0006 if you would like to have a conversation.