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Miami Personal Injury Law Blog

What are the risks and safety measures associated with whiplash?

Motorists in Florida may not encounter many of the same snowy and icy weather conditions as other states, but fall and winter weather is still risky in Miami due to heavy rain and tropical storms. When the roads are slick with rain, when traffic is heavy in poor weather or when visibility is reduced due to fog, wind and storms, there is an increased chance that you may get into an accident.

One of the most common accident types in poor weather is the rear-end crash. Many drivers fail to properly estimate the time and distance required to safely stop in bad weather, or they might not see cars in front of them in a storm. As a result, you might see numerous rear-end fender benders this season, or you could end up affected yourself.

Winter season increases danger of falls even in warmer states

Fall and winter are prime times for slip-and-fall accidents. Whether outside the home or at a grocery store or other public place, people risk serious injury by falling when the weather turns wet. Snow and ice are a major concern for colder states, but residents of warmer Florida should not discount the risk of being injured in a winter fall. Tropical areas are known for their sudden, heavy rainfalls and serious storms, which can be just as dangerous as an icy sidewalk.

The National Safety Council says that almost 9 million people visit emergency rooms every year in the U.S. for injuries sustained in falls. As the second-highest cause of accidental death in the country as well as one of the major causes of injury, taking a spill on the pavement is no laughing matter.

Nurses caught on camera abusing elderly nursing home resident

Those who entrust their elderly or disabled relatives to the care of assisted living facilities expect the staff to treat their loved ones in a professional and caring manner. Unfortunately for some residents in Florida nursing homes, the opposite is true instead. While there is nothing to worry about with the majority of caregivers, there are some who abuse and mistreat those under their care. In some cases, this treatment leads to serious illness, injury or even death. The family members of those who have been harmed by negligent or abusive nursing home staff are entitled to seek legal action, including filing a wrongful death case.

Recently, two nurses from a Winter Haven nursing home were charged with battery of a person more than 65 years old, after being caught on camera abusing a 76-year-old resident with dementia. The man’s son had noticed bruises on his father and set up a hidden camera in his room. Over the following days, the nurses were recorded punching the air around the man’s face, kicking or stomping on his legs or feet, and using his hand to slap himself in the head. The chief operating officer of the facility’s management company said that the nurses and four other workers had been suspended without pay during further investigation of the incident.

Man plows into diners outside Miami restaurant

Florida residents can expect beautiful weather to continue throughout fall and into much of the winter, making the state a popular location for off-season vacations or for residents to just get out and enjoy the fresh air. Unfortunately, this also means that there is ample chance for someone to get hurt in a pedestrian accident, during a time when this risk decreases for most other states. Whether walking to school, heading downtown for some window shopping or just taking a stroll near the beach, anyone can get hit by a car as long as they’re walking near traffic.

People don’t even need to be walking to become victims of a pedestrian accident. This was illustrated in a recent crash outside a Miami pizzeria. According to reports, a 66-year-old man lost control of his vehicle and ran into a group of people eating outside the restaurant in early October. Several diners received moderate to serious injuries, including two children. Fortunately, the children’s injuries were mild but another victim was hospitalized in critical condition.

Family tries to find answers to bicyclist’s death

With Florida’s mild weather, drivers can expect to encounter bicyclists sharing the roads throughout the year. There is always a danger for a bicyclist when riding along Miami’s busy streets. For those who are affected by a bicycle accident, there can hardly be a more trying or heartbreaking time than when the person who caused the crash has not yet been found.

This is currently the case for a Miami Gardens family. Last month, their family member was struck and killed by a hit-and-run driver as he rode his bike in the early morning hours. Authorities have surveillance video that they released on October 8, which showed the victim getting off of a bus and starting to ride his bike across an intersection. Just after the man rode away, a black Volkswagen raced past, leading investigators to believe this was the vehicle that hit the bicyclist.

Third week of October focuses on teen driver safety

No parent wants to receive the devastating news that his or her teenager has been seriously injured or killed in an auto accident. Sadly, car accidents are all too common for drivers between the ages of 16 and 19 in Florida and the rest of the country. To help teenagers understand how their driving behaviors not only affect themselves, but also their passengers, their families and others on the road, the third week of October has been designated National Teen Driver Safety Week by Congress.

In 2007, State Farm and The Children’s Hospital of Philadelphia worked together to with Congress to bring the important topic of teenage driving dangers to light. Communities across the country will be participating in school activities and other functions to raise awareness on the many hazards that new and inexperienced teenage drivers face every time they get behind the wheel.

Legally and emotionally supporting a loved one after an accident

At the Law Offices of Ivan A. Schertzer, we understand that one of the worst things a family can face is the injury of a loved one in a car accident. During the recovery period, the love and support of family members is crucial. This support extends to medical and legal matters as well as emotional support.

After an accident, the one who is most involved in the injured person’s care, usually a spouse or parent, may wonder how to provide the best support possible. Emotional support can make a world of difference in the injured person’s recovery, since simply knowing that a loved one cares can aid in healing. According to Healthtalk.org, this type of support after an accident can extend to the following:

How often do surgical errors occur in the U.S.?

When you go into the hospital for surgery, you may worry about the possibility of getting an infection, or other common complications. Usually you’re going to trust that your doctor and medical team know what they are doing and won’t make any major mistakes. Unfortunately for residents in Florida and throughout the country, major surgical errors occur all the time. The repercussions of these mistakes can range from temporary discomfort to permanent disability or even death.

A study by The Johns Hopkins University School of Medicine revealed that surgical errors happen in hospitals and medical centers about 80 times per week, or more than 4,000 times each year. While rare, surgical errors are a serious form of medical malpractice, and professionals have termed them “never events,” meaning that they should never happen.

Elderly residents evacuated from burning retirement complex

Apartment managers and owners have a responsibility to ensure their property is safe for residents. This includes keeping walkways and handrails in good repair to avoid slip-and-fall accidents, and being sure that electrical wiring is up to code and fully functional smoke detectors are installed. A dangerous property condition can be especially concerning for elderly Florida residents, who often are unable to protect themselves from a fall or escape from a dangerous situation on their own.

Premises liability cases can extend to injuries caused by a fire. Injuries from burns or from smoke inhalation are often deadly. At the very least, they are difficult to recover from, especially for senior citizens.

Children at risk of pedestrian accidents while walking to school

As most Floridians know, school has started and the chances of seeing children walking along many areas in Miami have increased. A large amount of children walk to school or the bus stop. On one hand, this is good exercise for children in today’s health-conscious society. On the other, walking in congested areas increases the risk of being hurt or killed in a pedestrian accident. The times when children walk to and from school typically coincide with the busiest traffic rush hours of the day.

Children are more likely than other age groups to be involved in a pedestrian accident. The Centers for Disease Control and Prevention say that one-fifth out of every child between the ages of five and nine  killed in a car crash was a pedestrian. Additionally, pedestrians are nearly twice as likely as vehicle passengers to be killed in an accident.

Office Location

Law Offices of Ivan A. Schertzer
16211 NE 18th Avenue
North Miami Beach, FL 33162

Phone: 305-940-0007
Toll Free: 800-639-8084
Fax: 305-354-8895
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