March 27th, 2010 by flainjuryatty

Because the Sunshine State has such nice weather, many people enjoy outdoor activities such as walking, roller blading, and cycling. Along with great weather, however, Florida is also known for its high number of auto/bicycle accidents. In fact, Florida holds the dubious "honor" of being the state with the highest number of bicycle fatalities in the country. Part of the problem is that the state lacks bicycle lanes, part of it is due to cyclists sometimes neglecting to follow the rules of the road, and part of the problem is that motorists often don’t see cyclists until it’s too late. In short, drivers in South Florida need to watch out for cyclists.

Fort Lauderdale accident lawyer Joseph M. Maus notes that many people are not aware that bicycles are classed as vehicles and cyclists are classified as drivers. Florida Statutes requires cyclists follow the same rules of the road as the drivers of cars, trucks, etc.in addition to the regulations specific to bicycles. For example, bicycles are required to have front lights that can be seen for 500 feet and both a reflector and a rear light that is visible from 600 feet away when being ridden at night. Over half of fatal bicycle crashes in Florida occur after sunset, even though most cycling is done during daylight hours.

Here are some tips to help increase cycling safety:

• A bicyclist must obey all traffic controls and signals.
• Always wear a helmet when riding - it’s the law! In addition to safety, a helmet helps make cyclists more visible.
• It’s a good idea to tape emergency information (contact information, medical conditions, etc) inside the brim of the helmet.
• A bicycle rider or passenger under 16 years of age must wear a bicycle helmet that is properly fitted, fastened securely, and meets a nationally recognized standard.
• Cyclists must ride in the same direction as traffic (with traffic).
• At least one hand must be kept on the handlebars at all times while riding.
• No person shall operate a bicycle while wearing a headset, headphone or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.
• It is unlawful to drive any vehicle while under the influence of alcohol or drugs. You can get a DUI for cycling while impaired by drugs or alcohol!
• A signal of intention to turn must be given during the last 100 feet traveled by the vehicle before turning.
• Don’t follow too closely behind a cyclist.
• Be careful when opening vehicle doors along roadways or sidewalks.

It can’t be stressed enough how important it is to wear a helmet when riding a bicycle, especially for children. Every seventh fatality from a bike accident is a child. A cyclist’s head is hit in 38 percent of accidents. Riders who don’t wear helmets are 14 times more likely to be involved in a fatal crash then those who wear helmets, and head injuries account for over 60 percent of bicycle-related deaths. It is estimated that between 45 to 88 percent of a bicyclist’s brain injuries can be prevented just by wearing a helmet.

For more information if you have suffered an auto/bicycle injury, contact Fort Lauderdale accident lawyer Joseph M. Maus, P.A.at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

March 24th, 2010 by flainjuryatty

The following is an expert answer given by Broward County Injury Lawyer, Joseph M. Maus, and is taken from AllExperts.com, a free Q & A service on the internet:

Subject: Follow Up to "Attorney Won’t Talk To Witness"

QUESTION: Thank you for your quick reply. We dealt with this problem by actually paying the fire expert’s nominal retainer. We feel questions still need to be answered.  Problem is that he only wants to give his additional investigative report to our attorney. We haven’t even seen the initial report and photos that we had paid for.  I thought we have the right to see all these reports, being that it was our money. What is going on here? Seems like we are out of the loop.

Also, should our attorney prepare for this mediation the same as he would if this were the trial?  (Complete all necessary depositions, obtain expert reports, photos, etc.)  Are we allowed to express our opinions or ask questions during the mediation?

ANSWER: It is very difficult to second guess an accident injury attorney working on your case.  I don’t know the type claim you have, nor anything about what has happened to this point.  You really need to sit down with your attorney and hash these issues out.  If you’re not comfortable with the attorney, go meet with another one to get a second opinion, or discuss transferring the file.  If you are going to trial on an accident injury case, you have to be 100% confident with the lawyer, and the preparation that has gone into the file.

You do have a right to see copies of expert reports, especially if you paid for it, or any other documents in the file.  There are strategic reasons for not having the expert prepare a report prior to trial. Whenever an expert prepares a report, the report becomes discoverable by the other party.    An expert can provide his opinions verbally to you or the attorney, but the attorney may not want the expert to prepare a report just yet.  Depending on the type expert, he can testify at trial without ever producing a written report.

Not sure where you’re located, but in Florida (I am a Broward County injury lawyer), the client has an absolute right to look at his file, the work being done on the file, expert reports, etc.  If he won’t let you see the file, you can contact the state Bar Association, and maybe they’ll contact him for you.

Regarding preparation for mediation, you do not prepare for mediation as you would trial.  There are alot of reasons for this, primarily money and time. There is no reason to spend the time and money necessary to prepare for trial, if you don’t need to.  This is one of the main reasons that judges in Florida accident injury claims began making mediation mandatory - so that the parties would get together to discuss resolving the case prior to incurring all the costs of preparing for, and going through, trial.  You don’t need all discovery done at the time of mediation.  You need enough done to be able to intelligently, and accurately, discuss your claim, and give the other side enough information to evaluate the merits of your claim.

For more information or to speak with a Broward County Injury lawyer, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

March 22nd, 2010 by flainjuryatty

The following is an expert answer given by Broward County Injury Lawyer, Joseph M. Maus, and is taken from AllExperts.com, a free Q & A service on the internet:

Subject: Attorney Won’t Talk To Witness

Question: What do you do when your personal injury attorney will not communicate with your expert witness because he does not want to pay his retainer?  Our previous attorney hired this expert and my family personally paid a substantial amount for his investigative services.  This present retainer is a nominal fee in comparison to what we paid the expert.  Our present attorney pays for the services of experts according to his contingency agreement. We do have some notes that the expert took from interviews of witnesses.  I talked with him a few days ago about what was discovered by the expert witness and he brought up a possible spoilage of evidence issue.   There is also other crucial evidence we want him to investigate further.

The court ordered a mandatory mediation and we do not feel that the discovery has been thorough enough in order to present our case effectively. We feel our attorney should leave no stone unturned, however he has not even returned our expert’s emails.  How can we be satisfied with any settlement offered if we still have questions that we want answered?  What would you advise in this situation?

Answer: You need to sit down and have a detailed, face to face, discussion with your attorney on what is going on with the case.  Without knowing the history of your case, and all the details of what has happened through both your attorneys, I could not give you an opinion as to whether the current attorney is handling the case correctly.

Make a list of your questions.  Take the expert’s emails with you.  Ask about the presentation that is going to be made at mediation, and whether additional discovery would help your case at mediation.  And, ask about the settlement and verdict range of cases similar to yours.  Your attorney should be able to answer all these questions to your satisfaction, or you should find an attorney that can.

I can tell you from my own experience as a Broward County injury lawyer, clients sometimes do not appreciate the critical legal issues in a case, and focus on more emotional issues that may not have much bearing on the outcome of a case.  Expert witnesses sometimes do the same.  Your attorney needs to focus on the elements of the claim which need to be proven in court, including damages, and utilize expert witnesses for that limited purpose.  It doesn’t do you any good to have an expert run up costs on a file if there is no benefit or use to the opinions he/she will be able to provide.

For more information or to speak with a Broward County Injury lawyer, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

March 18th, 2010 by flainjuryatty

The following is an expert answer given by South Florida Injury Attorney, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
I injured my ankle back in December 2007 while I was working. I was providing mental health therapy and injured my ankle while playing soccer with my client and mother in their frontyard. I was a healthy person before the injury.Work compensation was involved and I settled with them for $4,000 only because they said I was not a handicapped and I could drive to the settlement office. I put in a claim for personal injury in October, 2008 since I thought I was going to recover before that, but did not. I have seen 9 doctors and finally got surgery (arthroscopy). I can walk and stand longer but I can’t drive now. I used my left foot for 2 years using a left accelerator but now the left knee is hurting bad. Since I can’t drive with either leg, I was even thinking to use a hand control. At this point the lawyer has spoken with the adjuster and I believed they sent the demand on 10/20/09. The adjuster needs some record and then she will analyze the whole package. My concern is if the demand was actually sent in time since there is a statue of limitations here in Florida. I heard it is 2 years for slip and fall cases. Do you have to go to court with the demand in that timeframe or is that the time in which you submit it to the adjuster? Can you also tell me if getting the total policy can be a reality since it took 1 year and 2 months to recover but I did not recover 100%, then I went through surgery, 3 physycal therapies, had a significant emotional impact and the losses including loss of wages, second opinions and all the medical was $24.000.

Answer:

The statute of limitations in Florida for slip and fall claims is four years.  That means that within 4 years of the accident occurring, a lawsuit must be filed in court.

As for the value of your claim, that question is best answered by your lawyer.  Even though I am a South Florida injury attorney, not all cases are the same. The value of your claim is going to be based upon the severity of your injury, the amount of your medical bills - which includes whatever you have incurred to date, as well as any amount you may have to spend in the future, lost wages or loss of your ability to earn income in the future, and pain and suffering - both past and future.

In order for your lawyer to make the best recovery for you, you should sit down with him/her and discuss these types of damages, whether they may apply to your case, and try to quantify the amount for purposes of a settlement demand to the insurance company, and if the case does not settle before a lawsuit, an amount you can ask a jury for.

To speak with a South Florida injury attorney, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

March 15th, 2010 by flainjuryatty

Beware of Daylight Savings Time! Fort Lauderdale Accident Injury Lawyer Joseph M. Maus notes that statistics show that injuries on the road and at work increase between 8 and 17 percent on the Monday following the time change and for a couple of weeks afterward. Since "Spring Forward" happens on March 14, 2010 at 2:00 a.m. and you’ll lose an extra hour of sleep, you need to be extra cautious on your Monday commute and during the work day.

The University of British Columbia’s Department of Psychology undertook a study on how time changes affect people. They found that the fall time change doesn’t really affect people, probably because we get to sleep in an extra hour. But, it’s a different story when the clocks move ahead an hour in the spring - accidents go up. The most likely reason for this increase in accidents is sleep deprivation. Sleep deprivation and the change of circadian rhythm can trigger mental illness and cause higher accident rates. Transitions into and out of daylight saving time changes the circadian rhythm and may cause sleep deprivation.

A second reason for the spike in accidents on the first Monday of DST is the sudden change in the amount of light during driving times. In addition to an increase in accidents at work and on the road, the Los Angeles Times Health section reported on a Swedish study that found the incidents of heart attacks rises between 6 and 10 percent on the first three days after the time change. They also noted that men are more likely to commit suicide during the first few weeks of daylight saving time than they are during the rest of the year.

People wonder why it is that we even have to go through the whole "spring forward, fall backward" ritual every year. The U. S. Navy reported that the Standard Time Act was established in 1918 and made time zones a national law. The same Act also instituted daylight saving time. Daylight saving time was repealed in 1919, but was re-established nationally early in World War II as a way to conserve coal and energy, and was continuously observed from 9 February 1942 to 30 September 1945. After the war its use varied among states and localities. The Uniform Time Act of 1966 provided standardization in the dates of beginning and end of daylight time in the U.S. but allowed for local exemptions from its observance.

Tips for minimizing the impact of the time change:

• Stick to your regular schedule.
• Resist the urge to sleep in on Sunday morning.
• Get up immediately when the alarm rings in the morning, don’t hit the snooze button.
• Turn off the laptop and the TV in bedroom at least one hour before bedtime- the glow may prevent you from falling into a deep sleep.
• Eat a good breakfast before heading off to work. Eat foods that are high in protein and fiber - they metabolize slowly and will give you hours of energy.
• Leave yourself plenty of time to get where you’re going.
• Fort Lauderdale accident injury lawyer Joseph Maus reminds you that this is the time to drive defensively! Leave plenty of space between you and the next car.
• Don’t text or talk on your cell phone while driving, but especially not right after the time change when you are less alert than usual.
• Watch out for cars if you are walking or biking.
• Don’t forget to change your smoke detector batteries every time we have a time change.

For more information about an injury, contact Fort Lauderdale accident injury lawyer Joseph M. Maus, P.A.at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

March 14th, 2010 by flainjuryatty

The following is an expert answer given by South Florida Personal Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
While staying at a hotel in Bossier City, Louisiana, my 5 year old was walking around the hotel’s pool and was cut by a piece of glass. She sustained a 2 1/2 inch by 3/4 inch deep laceration to the bottom of her heel. I told the hotel managers and they taxied us to the ER where she had 16 stitches & was given crutches. She was very traumatized by the accident. My husband and I are trying to come up with a settlement offer, we have never been in this situation before. Her medical bills added up to $1,000.00. Please advise us on what to do.

Answer:
The answer to your questions depends on the law in your state for premises liability accidents.  I am a South Florida personal injury attorney specializing in car accidents claims, slip and falls claims, and workers compensation accidents, but I am not admitted in Louisiana.  Laws vary from state to state so what happens in Florida may not be the case in your state.  The little bit I remember about Louisiana laws is that they are sometimes very unique and unlike many common laws you see in other states.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims in your area.  They can advise you what the law is in your state for an incident such as the one your child had.

Generally, a landowner owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  Based upon your email, the question in your case is whether the hotel knew or should have known about the piece of glass near the pool.  Keep in mind that in most states, just because you are injured on another person’s property, you are not automatically entitled to recover damages.  You have to be able to show liability against the property owner or manager, here the hotel, under your state’s laws, before you can have a discussion about a settlement amount.

You can certainly submit a settlement demand on your own, but you will most likely do better by speaking with an accident injury lawyer.  In most states, if you are able to prove liability, i.e. that the hotel is responsible for the accident, you are able to recover money damages for past and future medical bills, and for pain and suffering which would include the physical and emotional trauma your daughter has experienced.  The $1,000 in medical bills would just be the starting point, but you should add on money for any future medical care, and money for pain and suffering, assuming you can recover for that in La.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything.  So, you have nothing to lose by at least speaking with an accident lawyer.  Just by my own experience in South Florida personal injury claims, if I don’t think a person has a viable case, I will tell them right up front.  There is no point in creating false expectations and wasting your time and the attorney’s time. 

For more information about South Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

March 12th, 2010 by flainjuryatty

The following is an expert answer given by South Florida Personal Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Slipped on ice breaking kneecap

Question:
On January 11, 2010, I was walking in the parking lot of an office complex. I slipped on ice (sprinklers had been left on) and fractured my kneecap in three places. I had surgery but as of this date (March 10th) I am still wheelchair bound. My orthopedic surgeon expects me to "almost fully recover" but will most certainly get arthritis in that knee. At this point other surgeries may follow. Do I have a case? This IS in Florida

Answer:
Usually when I see a question like yours, i.e. slipped and fell due to ice in a parking lot, I can presume the claim resulted from somewhere up north.  But after the winter we have had here in Florida, accident injuries like this probably occurred pretty frequently.

In my opinion, you do have a case.  The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  He can advise you how best to proceed in maximizing your claim.

Generally, a landowner owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  Frost and ice are a big deal in Florida, and usually when there is a threat of either, the warnings are all over the news.  The owner/manager of the office complex either knew, or should have known that when the weather gets as cold as it has been lately, and then he/she runs the sprinklers, there is a good possibility there will be ice on the ground. If the complex is one that invites people onto its premises for business purposes, then the owner/manager should have taken reasonable measures to get rid if the ice, or make a safe passageway for people to ingress and egress the property.

You should speak to an slip and fall lawyer fairly soon to pursue the claim. Slip and fall accidents are somewhat of a specialty to handle them successfully. There are many steps your attorney should take now, i.e. notify the insurance companies for the maintenance association, find out what types of coverage are available, and if there are any other entities that may be responsible, i.e. maybe the complex has a management company or maintenance company that was called to clear the parking lot and the other company never responded.  Your attorney should also obtain photographs of the area where the accident occurred.

Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.  You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything. So, you have nothing to lose by at least speaking with an accident lawyer. Just by my own experience with personal injury in South Florida, if I don’t think a person has a viable case, I will tell them right up front.  There is no point in creating false expectations and wasting your time and the attorney’s time.

I think you have a good claim and I would be happy to speak with you further about how to move it forward.  Please call me toll free at (866) 556-5529 or visit my South Florida personal injury website at www.mauslawfirm.com.

For more information about a South Florida personal injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

March 11th, 2010 by flainjuryatty

The following is an expert answer given by South Florida Personal Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
I fell coming out of a hall that was rented for a party. No hand rails were provided. It was one big 10 1/2 inch drop which is a code violation in the city I live in. I sustained a servere tibia and fibula break and needed surgery with pins and screws.I now have permanent damage. and I also have a partial tearing of the distal achilles and posterior tibial tendons and a complete tear of the medial deltoid from my fall. Are you able to tell me what kind of settlement I should be looking to get money-wise?

Answer:
I can try to provide you with some helpful information about your fall, but please consult with an attorney in your area to determine whether you have a valid claim.  Your email does not indicate where you live.  I am a South Florida personal injury attorney specializing in serious accidents such as car accidents, trip and falls, and work accidents.  Laws vary from state to state so the law in your area may be different that in Florida.

It is difficult to estimate what the settlement value of your claim might be without a lot more information.  The first issue you need to deal with in a discussion of an injury settlement value is whether the property owner/manager is liable for your fall.  A code violation is usually a good indication that the property was not maintained in a reasonably safe condition.  But, codes also vary, so there may not be a requirement that a railing be present.  A 10 1/2 inch vertical drop on a stair is a very large drop, and at least in South Florida, is in violation of stairway building codes.

Another issue you would have to deal with in Florida is comparative negligence - why you did not see the 10 1/2 step and take extra precautions to go down it in light of the large riser height.  Juries in Florida can consider whether the person injured was at fault, and if so, assigned a percentage of liability to the person.  Any damages award would be reduced accordingly.  This is also an issue in presuit negotiations.

Once you get past the hurdle of liability against the property owner, and the issue of comparative negligence, you can start to estimate settlement range.  In a South Florida personal injury case, a jury can consider three main categories of damages - wages, medical bills, and pain and suffering.  All of these types of damages can be awarded for the past, and the future.  The injuries you listed are very serious, so I would expect you have a large amount of medical bills.  You may also need follow up care resulting in a significant amount of future medical bills.  Because of the severity of the injuries, it would also be reasonable to request a significant amount of money for pain and suffering.

The best advice I can give you is to speak with an attorney specializing in trip and fall injury accidents in your area to see whether you should pursue a claim.  An experienced trip and fall lawyer is going to know the laws in your area and how best to proceed.  Most slip and fall lawyers handle cases on a contingent basis which means if the lawyer does not recover any money for your claim, there is no charge for costs or attorney’s fees.  Most Florida accident injury lawyers will also offer a free, no-obligation consultation, so you have nothing to lose by meeting to discuss your claim. 

An experienced accident injury lawyer will also know how to assist you in getting, and paying for, medical care.  You can use your health insurance if you have it, the insurance company for the property owner may have medical payments coverage which would pay for some of your bills, or the lawyer may be able to arrange for your medical care to be reimbursed out of the proceeds of any settlement you receive.

It is best to explore making a claim soon after the accident occurred.  In Florida, you have four years from the date of the accident to bring a claim.  However, you don’t want to wait that long as witnesses disappear and their memories fade, code violations get fixed, and evidence can be lost.  Your attorney will also want to get pictures of the area where you fell before any repairs are made to it.

If you are in the south Florida area, please give me a call.  I have been specializing in accident injury claims including slip and fall cases for 17 years.  If you’re in an area other than Florida, I can probably still refer you to an experienced slip and fall attorney in your area.

For more information about a South Florida personal injury, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.