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Miami Personal Injury Law Blog

Is my landlord responsible for my injuries?

As an apartment tenant in the state of Florida, you may appreciate the fact that you are not responsible for maintaining the grounds of your apartment complex. It is largely the responsibility of managers and/or owners to maintain apartment properties and address any and all hazardous conditions that can arise. In the event that you or a loved one sustains an injury on the grounds of an apartment complex, it is important to understand if and how the property owner may be held liable for the incident.

 While legal liability once fell largely on the tenant to fix and prevent dangerous conditions, the National Paralegal College explains that the landlord and property owner are now primarily responsible for ensuring that apartment complexes are safe for tenants. Therefore, there are several circumstances under which you may be able to hold your landlord liable for injuries sustained on the apartment property.

Pedestrian accident concerns and statistics

As long as you and your loved ones are standing clear of traffic on the sidewalk and/or another pedestrian zone, you may feel fairly confident that you are safe. Unfortunately, however, we here at the Law Offices of Ivan A. Schertzer deal with many cases where pedestrians are seriously and even fatally wounded in car accidents. That is why Florida personal injury experts and public safety agencies alike are taking efforts to spread awareness of pedestrian accidents, and promote safety measures across the state.

According to the Florida Pedestrian and Bicycle Strategic Safety Plan, prepared for the Florida Department of Transportation, people in the state are especially vulnerable to pedestrian accident injuries and fatalities. In 2011, it was estimated that 11 percent of all pedestrian accident fatalities in the country occurred in Florida, even though the state only accounted for around 6 percent of the entire population of the US. And while the state’s pedestrian fatality rate was believed to decline slightly from the year before, it was still estimated to be two times higher than the national average.

An accident with an uninsured or underinsured driver can hurt

There is no arguing that any car accident can cause long-lasting physical and financial repercussions. However, if you were hit by someone who had no vehicle insurance or insurance that was inadequate to cover the victim's damages, the results are even more serious. Many Florida residents choose to drive either without insurance or with only the minimum required by law. At the Law Offices of Ivan A. Schertzer, we have seen numerous clients affected by accidents caused by uninsured and underinsured drivers.

What does it mean if the person who caused your accident was uninsured or underinsured? Usually this means that you would have to pay for your own damages, both medical and property, out of your own pocket or with your insurance. Not surprisingly, this can add up to thousands of dollars of your own money, especially if you have high deductibles. Further complications can arise if you end up out of work for any length of time to recover from your injuries.

What should you do immediately after a car crash?

Automobile accidents are usually so sudden and unexpected that the victims can be left in shock, without knowing what to do next. If the proper steps aren’t taken after a crash, you might be left unprotected legally and medically. It’s important for every Florida resident to understand what to do after an accident.

According to State Farm, those involved in a car crash should take several steps immediately after the accident for both their safety and their legal protection. These include:

Protecting your loved one from nursing home abuse

When you are entrusting the care of an elderly or disabled relative to a nursing home or assisted care facility, you have every right to expect caregivers to treat your loved one with dignity and respect. This can be especially important to you if your loved one is nearing the end of his or her life and you wish for him or her to be as comfortable and happy as possible. The attorneys at the Law Offices of Ivan A. Schertzer realize that some Florida nursing homes fail to give those under their care the high standard of treatment that they deserve.

According to ABC News, a study by the Special Investigations Division of the House Government Reform Committee revealed that about 30 percent of the nursing facilities in the country had some form of nursing home abuse or neglect on their records. Some of these incidents were severe enough to cause an injury or death or to place a resident in danger of being seriously injured or killed.

Florida near top of list for fatal work zone crashes

In a warm state like Florida, road construction can go on throughout the year. As any motorist will attest, work zones can be frustrating as well as dangerous to drive through. Not only do drivers have to contend with delays, sudden traffic stops and reduced speed limits, but other drivers can present a hazard.

According to the Centers for Disease Control and Prevention, Florida ranked as one of the top three states for auto accident fatalities in maintenance and construction zones in 2012. At least 50 people lost their lives in work zone-related accidents that year. Some of the most common risks people face in work zones include:

What are the risks older people face in falls?

Anyone can be injured by slipping and falling, especially during winter weather when walkways are often wet and slippery. However, senior citizens are particularly vulnerable to serious injuries or even premature death by slip-and-fall accidents. You may be one of the many retired residents living in Florida, or chances are you have an elderly loved one. Therefore, it’s important for you to understand the dangers and injuries that can result from falling.

According to the Centers for Disease Control and Prevention, one third of those over the age of 65 suffer injuries from falls throughout the United States every year. In 2012, nearly 2.5 million fall-related accidents involving older people were treated in hospital emergency rooms. Most falls among elderly people occur at home, but you can also be injured outside or on public property. Some of the most common injuries you can risk in a fall include broken bones, lacerations or bruises to the head, extremities or spine. Pelvic and hip fractures are particularly dangerous for older people, and many fall-related injuries can result in reduced mobility or the risk of early death.

Trucking industry resists federal driving hour regulations

Motorists are often likely to encounter commercial truck drivers on Florida highways, since large trucks are common on interstates across the U.S. Accidents involving commercial trucks are often devastating to those in smaller vehicles, and truck drivers’ hours may play a part in many of these crashes.

The U.S. Department of Transportation Federal Motor Carrier Safety Administration has enacted new regulations in an attempt to reduce the risk of truck drivers causing fatigue-related accidents. The new rules, which were effective for commercial truck drivers in July 2013, impose a daily driving limit of 11 hours. Additionally, truck drivers are not permitted to drive more than 70 hours in a work week without taking a break of 34 consecutive hours. This rest period must include two full nights. After the 34-hour break, truckers may resume driving.

Woman loses control of car and crashes into Florida day care

When it comes to car accidents, nothing can be more terrifying for parents than a child being in danger. Car crashes have great potential to cause devastating injuries to children, whether they are pedestrians or passengers. Sadly, accidents seriously injure or claim the lives of many children every year in Florida.

In most cases, it is impossible to predict a collision. A recent car crash illustrated how quickly such an accident can occur. On November 14, a woman crashed into a brick wall on the outside of a Miami Lakes day care. During the investigation, authorities said the woman appeared to have lost control of her car, although the reason it happened was unknown.

Preparing for a wrongful death lawsuit

It can be incredibly difficult dealing with a fatal accident that involved one of your loved ones. At Ivan A. Schertzer Law Offices, we understand that the time directly after an accident is both the most crucial window to act in and the most sensitive time for you and fellow loved ones. We will provide you with information that you can use to get through this rough patch.

The first thing to know going into a wrongful death suit is the fact that death may not have needed to come immediately in order for your case to be legitimate. As long as negligence was involved in the accident and your loved one ended up with fatal injuries, you have the basis for a case. Negligent accidents can include car, trucking or boating accidents, motorcycle or pedestrian accidents, or accidents that were the result of negligent security.

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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