| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized | , , ,

Cruise Ship Accidents Leave Many Without Recourse

“Moving Hotels” Can be Dangerous

Cruises are supposed to be fun, and they almost always are. But the illusion that many people experience once they step foot on a ship is that they can completely let their normal sense of caution fly out the porthole and let loose for 5-7 days. That’s not entirely accurate.

A Google search of cruise ship accidents will reveal on-board pool drownings, slips and falls, and recently there was a tragic case of a woman who slipped off the Queen Elizabeth and was crushed to death by a tender boat. That horrific incident occurred in Cambodia where the investigative capabilities of police and other authorities are suspect at best.

Another unfortunate passenger suffered a slip and fall which resulted in a head injury. After visiting and being examined by the ship’s medical staff she was pronounced to be fine, only to later slip into a coma and die.

Have fun but Keep Your Natural Sense of Caution

Americans planning to go on a cruise for their vacation should go on the cruise. They just need to understand that like our bodies, caution needs to be exercised.

USCG“The Week” editor Lauren Hansen wrote a column titled “7 Reasons to never ever ever vacation on a cruise ship” and she outlines 7 particularly ghastly (and rare) incidents which drove her to reach her personal decision to never go on a cruise. The incidents were: Adrift and Powerless – Pirates! – Run Aground and Capsized – Flu Outbreak – Going Missing – Crime – and Collisions.

These types of incidents almost never occur, but when they do happen on a cruise ship, people need to be aware they are likely to be in international waters or in a foreign country where the rules are different. The laws, customs, and your rights are not the same when you’re out of the boundaries of the United States of America.

Specialized Area of Law

Who knows what to do when bad things do happen on board a cruise ship? Attorneys who specialize in Maritime Law and Cruise Ship Liability.

For over 20 years the Law Firm of Lazarus and Lazarus has dedicated a substantial segment of their Fort Lauderdale law practice to representing the victims of cruise line negligence and malpractice. South Florida is home to two of the busiest cruise-ship ports, the Port of Miami and Port Everglades.

If you or anyone you know has experienced an accident or was the victim of any injury while on board a cruise ship – or while on an excursion away from their ship, the best course of action is to seek advice from an expert.

Calling 954-356-0006 will connect you with the caring staff at Lazarus and Lazarus, who will hear your story and then connect you with Gary and Arleen Lazarus. All communications are completely confidential.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized | , , ,

Are You Safe Riding with Uber in Florida?

Issues Regarding Insurance and Licensing Have Politicians Busy Deciding Their Future

It seems everyone these days is doing the Uber. Using Uber saves money over traditional taxi cabs and the service offers an opportunity to people with a car to make extra money. A win-win for everyone, right?

That’s not entirely accurate. Several issues have arisen over the past few years as Uber has grown from an idea to a multi-billion dollar enterprise in just 7 years.

Uber Technologies Inc. is an American multinational online transportation network company headquartered in San Francisco, California. It develops, markets and operates the Uber mobile app, which allows consumers with smartphones to submit a trip request which is then routed to Uber drivers who use their own cars. As of April 12, 2016, the service was available in over 60 countries and 404 cities worldwide. Since Uber’s launch, several other companies have copied its business model, a trend that has come to be referred to as “Uberification.”

In Florida, state, county, and municipal governments are challenging Uber’s right to operate due to unfair competition with traditional taxi companies, who must be licensed. Another big issue is insurance, and that is the main topic for this article.

Florida Auto Liability Insurance

The minimum requirement for auto insurance in Florida for a personal vehicle is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). If you have been in a crash or convicted of certain offenses, the Florida DMV can request you purchase additional auto insurance coverage such as bodily injury liability coverage (BIL).

A taxi must carry Bodily Injury Liability (BIL) coverage of $125,000 per person, $250,000 per occurrence and $50,000 for property damage liability (PDL) coverage.

An Uber driver must do what? This is where it gets murky.

Government Regulation

Broward County commissioners have been up, down, and all around when trying to get a permanent solution to ride-share services regulation. The Sun-Sentinel reported that the last time commissioners tried to regulate Uber, they got “Ubered” — the new word for politically clobbered — for going after laws that Uber called too onerous. The result is that in Broward, Uber is now largely free to police itself concerning drivers’ backgrounds, insurance coverage and condition of vehicles. Palm Beach County is still working on an ordinance. Miami-Dade, too.

However, as a result of Florida’s regulation of taxi cabs, many companies now regard their drivers as independent contractors. This means that cab drivers may own or lease their vehicles and are responsible for providing their own liability insurance. If a cab driver is accused of negligence, a cab company can distance themselves in an attempt to circumvent any liability.

Uber_Car_Murano
Miami Herald

There is this recent headline from the Miami Herald: “Uber Faces Lawsuit After Nurse Suffers Brain Damage in Miami Beach Crash,” and certainly this kind of tragedy needs to be carefully examined to make sure the victims are cared for physically, emotionally, and financially.

So, the question “are you safe in an Uber car?” has no definitive answer. Everyone must make a decision based on their own situation, but we would recommend everyone ask questions and be aware.

Trust the Legal Experts

The Law Firm of Lazarus and Lazarus has been assisting victims of serious auto accidents for over 20 years in south Florida. We have the experience, compassion, and commitment to represent you if you are ever involved in any accident and to sort out who is liable for your injuries and damages. Please reach out to us at 954-360-0006 and ask for a consultation with Gary or Arleen Lazarus. We will listen to you, and all communications are completely confidential.

| lazaruslaw-2 | 0 Comments | GENERAL PERSONAL INJURY, Uncategorized | , , , , ,

Law Firms – Does Size Matter?

Large and Small Legal Practices Serve Clients Well

Driving down the highway you see giant billboards for giant law firms with phone numbers in giant red numbers. Most people don’t give much thought to them until they have a sudden need for an attorney and they think “what was that 800 number I saw on I-95?”

Small law firms usually do their advertising by word-of-mouth, relying on clients to tell friends and family that they were well represented by a one, two, or three attorney law practice.

Which is better? The answer is both.

BIG_SmallThe legal profession is and has always been about the confidential relationship between a client and an attorney.  The concept of attorney-client privilege is defined as a US-American legal concept that protects certain communications between a client and his or her attorney and prevents the attorney from being compelled to testify to those communications in court.

What’s really important is the relationship as it pertains to an attorney’s commitment to remain understanding and responsive to a client during a very trying time. An attorney who is dedicated to addressing client fears and concerns and who always places the client’s rights and best interest first will serve that client well from a desk in a small office on Main Street or from a desk in the office of a 500-member firm in a big city.

The Law Firm of Lazarus and Lazarus was founded by law partners Gary and Arleen Lazarus. Their belief is that with their unique skills, experience, and personalities they can best serve their clients as a small, family firm. And so for 25 years they have represented clients, mostly from south Florida, in personal injury cases from their offices in Fort Lauderdale and Weston.

The Firm has also chosen some very specialized areas of law to focus on, to the point where they are among a handful of attorneys known for their pre-eminent knowledge and experience in these fields.

You would think that Maritime Law would be a common area for attorneys in Florida because the state is surrounded by water and the number of boats and vessels. But it is actually a very complex area because of the international implications and various jurisdictions involved.

Pharmacy errors and negligence is another facet of the Lazarus Law Firm’s expertise and once again it involves very specialized knowledge. Pharmaceutical products available to patients have skyrocketed, and their proliferation is resulting in too many accidents and cases of pharmacy and physician errors. Gary and Arleen are dedicated to helping people who, through no fault of their own, are becoming victims of medicine that was supposed to help them.

Auto accidents kill and injure thousands of people each year, and the firm has always been at the forefront of handling cases for victims in south Florida. These cases require knowledge of laws pertaining to liability, medical costs, traffic statutes, and they require a real sense of compassion for people suffering devastating loss.

Calling 954-356-0006 will put in direct contact with Gary and Arleen who are always ready to schedule a confidential consultation and help.

| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Widower Sues Jacksonville Doctors for Negligence Following Wife’s Death

1100587_hospital_hand%20sxchu%20username%20Egilshay.jpgA Jacksonville widower has filed a medical malpractice lawsuit against two physicians he claims caused the death of his wife of nearly seven years. Last August, 39-year-old Brooke Boon died from a pulmonary embolism three days after undergoing a four-hour plastic surgery. David Boon alleges his wife’s primary care physician, Dr. Gary Glicksteen, and plastic surgeon, Dr. Daniel Calloway, committed negligence when they allowed the mother of two small children to remain on the birth control drug Yasmin prior to performing the elective surgery.

Boon’s lawsuit alleges the two doctors committed negligence because they both knew contraceptive drugs increase a woman’s chances for developing a blood clot following surgery. He also says both doctors were aware that Brooke was taking the drug. Additionally, Boon pointed to the Physician’s Desk Reference which states patients should not take oral contraceptives for at least four weeks prior to an elective surgery. In addition to the two doctors, Boon’s lawsuit names Glicksteen’s employer, Internal Medical Group, as a defendant.

Medical professionals who provide treatment to patients in Florida must do so with a reasonable level of care. When a medical caregiver such as a primary care physician, nurse, surgeon, hospital, pharmacist, or dentist fails to provide a patient with proper care and an injury results, the victim may have grounds to file a medical malpractice lawsuit. A failure to diagnose or properly monitor a patient, an incorrect or delayed diagnosis, and surgical, birthing, and prescription errors may give rise to a medical malpractice claim. Other common medical professional errors include the improper administration of anesthesia, medical lab errors, and negligence.

The victim of a negligent, careless, or reckless medical care provider may be eligible to receive compensation for their medical costs, lost wages and benefits, future medical expenses, pain, suffering, and other damages. When a patient is hurt or killed by a health care provider in Florida, the victim and their families have up to two years from the time when they learned a medical professional may have caused the injury or loss to file a claim. Because Florida law allows insurance companies six months to evaluate a medical malpractice claim before a lawsuit may be filed, injured patients should file their claim as quickly as possible.
Read more “Widower Sues Jacksonville Doctors for Negligence Following Wife’s Death”

| lazaruslaw-2 | 0 Comments | Uncategorized, WRONGFUL DEATH

11-Year-Old Electrocuted While Playing Miniature Golf in Kissimmee

A child visiting Florida on vacation was recently killed while playing miniature golf at the Orange Lake Resort in Kissimmee. 11-year-old Ashton Jojo of Latham, New York was reportedly playing miniature golf with her family when she attempted to retrieve a lost ball. According to witnesses, Jojo fell into a 2-foot-deep pond and screamed. Another guest at the resort, Christopher Burges, responded to her screams and was allegedly injured as he attempted to pull Jojo out of the pond. Emergency rescue crews took Jojo to Celebration Hospital where she was pronounced dead.

According to the Orange County Medical Examiner’s Office, the cause of Jojo’s death was electrocution. A spokesperson for the Orange County Sheriff’s Office, Ginette Rodriguez, stated the resort is unsure how the water came to be electrified. Rodriguez also stated the Sheriff’s Office is currently investigating the cause of the incident. Following the accident, the miniature golf course was closed indefinitely.

Each year, millions of children and their families travel to Florida from across the globe in order to visit the many resorts, amusement parks, and theme parks our state has to offer. Unfortunately, many deaths in Florida result from tragic and unnecessary accidents like this one. Although unexpectedly losing a loved is always devastating, it can be particularly difficult to accept when your loss was due to a property owner’s negligence.

If you lost a family member as a result of an unsafe condition on someone else’s property, you may have the right to file a wrongful death lawsuit. The close relatives of someone killed in an accident will generally have up to two years to sue for wrongful death in the State of Florida. No amount of money can make up for the loss of your loved one, but it may help relieve some of your financial burden. If you lost a loved one due to a hazardous property condition, it is a good idea to contact a premises liability attorney to discuss your options.

If you or a loved one was hurt or killed while visiting a Florida attraction, contact Lazarus & Lazarus, P.A. Our dedicated South Florida wrongful death attorneys have experience helping both tourists and Florida residents recover damages for their own injuries or the wrongful death of a loved one that was caused by a malfunctioning or defective condition at a tourist attraction. The lawyers at Lazarus & Lazarus assist individuals who were hurt by unsafe conditions on property located in Orlando, Fort Lauderdale, Hollywood, Weston, and throughout Broward, Dade, and Palm Beach Counties. To speak with a skilled personal injury lawyer today, call the law firm of Lazarus & Lazarus at (954) 356-0006 or contact our hardworking attorneys through our website.

More Blogs:

Retired Astronaut Killed in Pensacola Beach Jet-Ski Crash, Florida Personal Injury Attorney Blog, July 7, 2012

Two Men Killed After Drunk Driver Crashes Into Historic Liberty City Restaurant, Florida Personal Injury Attorney Blog, July 3, 2012

Additional Resources:

New York girl electrocuted at Florida mini-golf course, by Barbara Liston, Reuters

Resort: 11-year-old girl electrocuted at mini-golf course in Florida, by Andrew Mach, msnbc.com

Photo credit: vivekchugh, Stock.xchng

| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized

Retired Astronaut Killed in Pensacola Beach Jet-Ski Crash

361262_moonwalker%20sxchu%20username%20snnellis.jpgA retired astronaut who flew two space shuttle missions was recently killed in a tragic Pensacola Beach jet-ski accident. 51-year-old Alan Goodwin Poindexter died after the jet-ski he was riding on was struck by another personal watercraft in Little Sabine Bay. Poindexter was reportedly jet-skiing with two of his adult children when the accident happened. According to the Florida Fish and Wildlife Conservation Commission, the incident occurred after the jet-ski Poindexter was riding on with his son Samuel suddenly slowed. Another jet-ski driven by his son Zachary reportedly hit the back of Poindexter’s jet-ski at a high rate of speed.

The force of the deadly crash allegedly tossed both Poindexter and Samuel into the water. Friends reportedly pulled Poindexter onto a nearby boat and performed CPR until emergency responders arrived. The former NASA astronaut was then taken by emergency helicopter to Baptist Hospital where he was pronounced dead. The exact cause of the accident is currently under investigation by the Wildlife Commission.

Every year, many people in Florida are killed in unnecessary and avoidable boating accidents. Because our state it is a popular tourist and boating destination, people often spend a lot of time on the water in Florida. Whether on a lake or in the ocean, anyone using a boat or personal watercraft should always be careful to follow established safety rules and guidelines.

Losing a loved one in an unexpected watercraft accident like this one can be devastating. If your close relative was killed in a Florida boating accident that was caused by someone else’s carelessness, recklessness, or negligence, you may have the right to file a wrongful death lawsuit against the person who caused your loss. Although no amount of money can bring back your family member, filing a wrongful death claim may help to relieve some of your financial burden and deter similar behavior in the future. Because the amount of time you have to file a wrongful death claim in Florida is limited, it is a good idea to contact a capable personal injury attorney as soon as possible following your loss.
Read more “Retired Astronaut Killed in Pensacola Beach Jet-Ski Crash”

| lazaruslaw-2 | 0 Comments | BICYCLE ACCIDENTS, Uncategorized

Oakland Park, Florida Teenager Killed in Hit-and-Run Accident While Riding His Bicycle

1356569_bicycle_macro%20sxchu.jpgThe Broward County Sheriff’s Office is asking the public for any information related to a fatal hit-and-run bicycle accident in June in Oakland Park. On June 14th, 17-year-old Gabriel Amaya was struck by a dark sport utility vehicle while headed east along Prospect Road on his bicycle. Amaya was hit in a crosswalk near Powerline Road just after dark. The force of the impact reportedly threw the boy into the roadway. The driver who hit Amaya allegedly continued on before he stopped a short distance down the road and got out of the vehicle. The driver then got back into the SUV and fled the scene of the crash. Amaya died as a result of his injuries while en route to the Broward Health Medical Center.

Law enforcement officers would reportedly like to question 37-year-old Christopher Thompson of Oakland Park about the case. Thompson may be driving a black 1995 Chevy Tahoe with extensive damage to the left side mirror, grill, and headlight. Although Thompson purportedly lives near the scene of the fatal accident, his neighbors stated they had not seen the man for several days when questioned by police. According to law enforcement officials, Thompson has a criminal record as he was previously arrested on drug possession charges.

A large percentage of bicycle accidents are caused by careless and inattentive drivers who fail to notice or yield to bicyclists. Unfortunately, a bicycle rider is no match for even a small car, much less a sport utility vehicle. Sadly, injuries that are caused by a bicycle accident are often catastrophic. Many bike accidents also result in a victim’s tragic and untimely death. Because of the severity of most accidents, it is important for riders to ensure their bicycle is well maintained and to wear both a helmet and reflective clothing. Additionally, bicycle riders should always obey all traffic signs and signals.

No matter how careful a bike rider is, an accident with a car cannot always be avoided. Common injuries sustained by victims in a bicycle accident can include traumatic brain injuries, fractures, spinal cord injuries, permanent disability, and even wrongful death. Due to the severity of most injuries, the medical costs associated with a cycling accident can be quite high. If you were hurt by a negligent driver while riding your bicycle, you should contact a skilled South Florida car accident lawyer to help you recover damages for your injuries.
Read more “Oakland Park, Florida Teenager Killed in Hit-and-Run Accident While Riding His Bicycle”

| lazaruslaw-2 | 0 Comments | HIT AND RUN DRIVER, PEDESTRIAN ACCIDENTS, Uncategorized

Bond Set for Driver Accused of Fleeing Florida After Striking Pedestrian Near the University of Miami

1375248_untitled%20sxchu.jpgA University of Miami freshman was left in a coma after she was struck by a hit-and-run driver in Miami. 19-year-old Eliza Gresh was hit by a silver Mercedes Benz while crossing a road near her school on April 27th. The force of the impact reportedly threw Gresh onto the vehicle’s hood before the driver fled the scene of the accident. Miami Police Major Rene Lansa stated that another driver attempted to follow the Mercedes, but stopped pursuing it once the alleged hit-and-run driver reached speeds in excess of 80 miles per hour.

Gresh is currently in the intensive care unit at a local hospital where she is being treated for broken bones and a traumatic head injury. According to her parents, despite that Gresh still remains in a coma, she is beginning to show small improvements.

About one week after the crash, the alleged hit-and-run driver, 24-year old Luis Felipe Moya, took the Mercedes to a Hialeah body shop for repairs. He reportedly told the shop’s owner, Gabriel Antonio Castro, that he had accidentally struck a wall. He also stated his mother, Zoila, owned the vehicle and because of that he preferred she file the automobile insurance claim. According to Castro, there were numerous red flags indicating the driver was being untruthful with him after he examined the damage to the vehicle. Castro also stated the man driving the car answered his questions in an evasive manner. Convinced he recognized the Mercedes from a news story about the hit-and-run accident, Castro immediately notified police of his suspicions. Following the tip from Castro, law enforcement officers took Moya’s mother into custody and charged her with insurance fraud. On June 5th, Moya was arrested in New York.

Following his arrest, Moya’s bond was set at $250,000. The Miami judge also stated that if Moya is able to post bond, he will be placed on house arrest. Moya has reportedly received at least 42 traffic citations over the past five years, including both careless and reckless driving violations.

Students like Gresh, as well as skateboarders, joggers, tourists, and parents walking with strollers are all at risk of being injured in a Florida pedestrian accident. Too often, pedestrian crashes could have been avoided if a driver had not acted carelessly or negligently. Common injuries sustained in such an accident include traumatic brain injuries, spinal cord injuries, fractures, a permanent disability such as paralysis, and even wrongful death.

Due to the severity of most injuries, the medical costs associated with a pedestrian accident can be astronomical. If you or a loved one was hurt by a careless driver, contact a qualified Florida car accident lawyer to discuss your rights as soon as you are able.
Read more “Bond Set for Driver Accused of Fleeing Florida After Striking Pedestrian Near the University of Miami”

| lazaruslaw-2 | 0 Comments | AVIATION ACCIDENT, Uncategorized

Small Plane Crash Near Lake Wales Kills Family of Six

1015353_fumigation_airplane%20sxchu.jpgIn early June, a family of six was killed after a small plane crashed unexpectedly in Polk County, Florida. The family was returning home to Kansas in a 2006 Pilatus Pc-12/47 plane following their vacation in the Bahamas when the aircraft reportedly began to break apart at 25,000 feet in the air. Those killed included the 45-year-old pilot, Ron Bramblage, His 43-year-old wife, Rebecca, and the couple’s four children who were between the ages of eight and 15.

According to safety investigators, the pilot issued a mayday after the right wing became unattached midair. Witnesses stated the aircraft began to spin as it descended into the Tiger Creek Swamp near Lake Wales, Florida. The debris field reportedly spanned approximately four miles of rough terrain. Tragically, one of the family’s teenage children was reportedly thrown from the aircraft before it hit the ground. His body was later found by members of the Florida Fish and Wildlife Conservation Commission about half a mile from the crash site.

Helicopters were used to locate wreckage from the air. Swamp buggies, all terrain vehicles, and horses were later used in order to reach the area and gather crash debris. According to Tim Monville, an investigator with the National Transportation Safety Board, the cause of the crash is still unknown. He stated that a large piece of the wing is still missing and it could take up to one year to complete the accident investigation. Monville said reconstructing the plane will likely be required in order to determine the exact cause of the crash.

Unfortunately, aviation accidents like this one are normally tragic and there are rarely any survivors. When an aircraft accident victim survives, the injuries sustained are often permanently disabling and extremely costly to treat. Negligence resulting from aircraft malfunctions or defects, pilot error, poor aircraft maintenance, or air traffic control errors cause most aviation accidents. Sometimes, more than one party negligently contributes to an aircraft crash. Additionally, large commercial airlines, or common carriers, must provide passengers with a higher standard of care than other aircraft operators.

If you or a loved one was hurt or killed while riding in a charter plane, private jet, helicopter, commercial airliner, or in any other aircraft, you should contact a skilled Florida aviation accident attorney as soon as possible to discuss your options for recovery.
Read more “Small Plane Crash Near Lake Wales Kills Family of Six”

| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized

Nine Passengers Ejected, Three Injured in Florida After Vessel Hits Clearwater Rock Jetty

1155487_beach_jetty%20sxchu.jpgNine people were rescued by the United States Coast Guard in Clearwater Pass, Florida over Memorial Day weekend after a 21-foot pleasure boat hit a rock jetty. According to the Coast Guard, the vessel struck the jetty while traveling at about 20 miles per hour early Sunday morning. All nine passengers on the boat were reportedly thrown into the water by the force of the impact. Another boat notified the Coast Guard of the accident around 3 o’clock in the morning. Rescuers discovered all nine passengers stranded on the jetty.

A representative for the Florida Fish & Wildlife Commission stated three passengers were taken to Morton Plant Hospital and Largo Medical Center for injuries sustained in the southwest Florida boat accident. The remaining passengers were taken to Station Sand Key where the driver of the boat purportedly passed a field sobriety test. The driver of the vessel was later ticketed for failing to maintain a proper lookout. The watercraft sustained a large hole in the bottom as a result of the collision and was reportedly a total loss. The accident is currently under investigation by the Florida Fish & Wildlife Commission.

Luckily, no one involved in this particular crash sustained life-threatening injuries. Every year, however, many deaths in Florida stem from avoidable watercraft accidents. Because South Florida offers many wonderful boating spots, people tend to spend a great deal of time on the water. Due to the associated safety risks, all boaters should follow established safety guidelines and rules. Watercraft owners and drivers have a legal responsibility to protect themselves, their vessel, and their passengers.

If you lost a loved one in a Florida watercraft accident, you may have the right to file a wrongful death lawsuit against the person who caused your loss. Normally, you may sue for a family member’s wrongful death following a fatal accident caused by someone else’s recklessness, carelessness, or negligence. In Florida, relatives generally have up to two years to file a wrongful death claim unless the claim is against a cruise ship.

If you lost a family member in a cruise ship accident, you may be limited to filing a lawsuit within one year of the accident based on the passenger ticket. If you have lost a loved one in a boating or other watercraft accident, you should contact an experienced South Florida wrongful death attorney as soon as possible to discuss your case.
Read more “Nine Passengers Ejected, Three Injured in Florida After Vessel Hits Clearwater Rock Jetty”