Articles Posted in Personal Injury

The aching neck of a Fibromyalgia patient“While the onset of Fibromyalgia can be triggered by a number of factors, medical professionals concur that a traumatic incident like a vehicle crash can trigger the disease in people who had no previous problems with ongoing pain and were in perfect health prior to the trauma”, said Starr Joyce, Medical Consultant to Associates and Bruce L. Scheiner, Personal Injury Lawyers.

In a study of 2,000 Fibromyalgia patients, it was discovered that 65% of those patients had some form of traumatic incident. Of that percentage, 52% of the cases were caused by a vehicle crash.

There are likely very few medical conditions as misunderstood as the one known as Fibromyalgia. Medical practitioners from rheumatologists to psychologists to the family MD have long been studying and debating the causes and treatments for this mysterious condition.

BLShurricaneAd.jpgEveryone at Associates and Bruce L. Scheiner, Personal Injury Lawyers wishes Florida residents a safe, peaceful summer and an uneventful hurricane season.

We also urge you to be prepared.

“While in the end it will be up to Mother Nature, nothing ensures a safe hurricane season as much as a prepared household, business or family,” said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. “If you live in Colorado, prepare for winter. If you live in South Florida, prepare for hurricane season. Do it now, not at the last minute when stores are sold out and packed with last-minute shoppers.”

MoveOver.jpgThe injury of two Cape Coral police officers in separate crashes this week is a tragic reminder that motorists need to use extra caution in yielding to emergency vehicles in Southwest Florida.

Officer Damien Garcia, 26, suffered head injuries and a broken leg, according to media reports, in an on-duty motorcycle accident when Garcia’s police motorcycle hit a vehicle that pulled out in front of him as he traveled south on Cultural Park Boulevard.

And a 29-year-old Cape Coral woman is facing DUI charges for a car accident that injured Cape Coral Police Officer Robert Reese, 46, over the weekend. Both the accused driver and the passenger also suffered injuries.

A seatbelt could keep you out of an ambulanceTwo Fort Myers-area teenagers remain in critical condition at Lee Memorial Hospital and another has died following separate car accidents this week in Estero and Bonita Springs.

Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to have a comprehensive talk with their teenagers as the summer driving season gets underway.

The News-Press is reporting none of teenagers were wearing seat belts.

BLS%20Logo%20Edit.jpg
Finding a personal injury or wrongful death attorney that goes the extra mile for clients can make a big difference if your or a loved one are seeking compensation as a result of a car accident, motorcycle accident, trucking accident or other Florida personal injury case.

Trial attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, spent the weekend working with a focus group to fine tune strategy for an upcoming trial.

“We do it to try to forecast and predict the feelings of the potential jury. It helps us to understand how to better present our case so that we can cover the issues that are important to the jury,” said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. “It gives you excellent insight into the issues that are in people’s minds that you might not otherwise consider.”

Attorney Preston Scheiner said convening such groups during trial preparation is another way the firm ensures clients are getting the best representation the firm’s four decades of experience can provide.

Fourteen Southwest Florida residents recruited at random, through churches and other organizations, were brought together at an off-site location in Fort Myers to hear the case.

952313_gavel.jpg

Lunch was provided to the participants, who received a small stipend, but the names of the firm, the attorneys and the client were withheld so that verdicts and opinions could be formed free from any associated bias or influence.

The event was filmed and each of the 14 mock jurors was asked to complete a form and offer input at various stages of the proceedings. They were then split into two groups for deliberations and separate verdicts.

“You learn an incredible amount because you step outside the looking glass and you see the facts from a different perspective,” Attorney Preston Scheiner said. “You also come to understand how opinions in the community can come to bear on a particular case.”

The event also provided an opportunity to help educate the public about the trial process, the challenges of helping someone through a personal injury claim and the benefits of finding a qualified firm to protect their rights.

“Thanks so much for the opportunity — it was awesome,” one participant wrote to an event organizer. “Never had I experienced anything like that before. Please consider me again next time — I would love to be a part of it.”
Continue reading ›

adoptatroop.jpg
The public is invited to “Let’s Support our Troops Day,” Saturday April 25 from 1 to 7 p.m. at Harley-Davidson of Fort Myers, 2160 Colonial Boulevard in Fort Myers.

Sponsored by Associates and Bruce L. Scheiner, Personal Injury Lawyers
, Harley-Davidson and the American Heroes Foundation, the event will honor troops fighting in Afghanistan and Iraq.

The event is the result of nearly two years of effort by Kaye Caple, a Southwest Florida resident who first started in her quest to support the troops by making holiday ornaments and selling them to raise money to mail needed items to our troops.

To date, the Adopt-A-Troop Foundation has shipped over 625 packages to our service men and women overseas.

The event will include Opening Ceremonies provided by the United States Naval Base at Key West. The United States Army, Marines and Coast Guard will be at the event and will showcase some of their military equipment including a Rockwell and Humvee demonstration.

The Ryan Rust Racing Team will sign autographs and their race car will be on display.

There will also be an on-site walking Poker Run, scavenger hunt and 50/50 raffle.

Participants are invited to come enjoy the vendors, food and music and support a worthwhile cause. All proceeds will go to our service men and women who are currently serving in Iraq and Afghanistan.

In addition to financial donations, the organization also will accept specific items to help fill the packages. For a list of items, visit www.adoptatroop.net and click on packages.

For more information, please visit www.adoptatroop.net or call Kaye at 239-671-8456.
Continue reading ›

1146423_nighttraffic.jpg
In the wake of last week’s series on https://www.injury-lawyer-florida.com about the hazards of aggressive driving, speeding and distracted and drowsy driving, Florida Injury Lawyers has found a comprehensive Internet resource to provide drivers with a refresher course of safe driving tips.

For most of us, driving has become a commonplace activity. Yet it is the only potentially deadly activity most of us engage in on a daily basis. Having written about what not to do, here is a look at 70 safe driving tips we could all benefit from reviewing.

As RoadTrip America put it in debuting its 70 Rules of Defensive Driving: “It’s not something we … like to dwell upon but about 50,000 people die each year in collisions on the roadways of the United States.”

Please click here to visit the entire list, courtesy of RoadTrip America, which provides additional information on each safety tip.
1) Pay Attention 2) Don’t Trust Nobody!
3) Yield Anyway 4) Don’t Speed 5) Don’t Drive Impaired 6) Wear Your Seat Belt 7) Buy and Use Other Safety Devices 8) Motorcyclist Protect Thyself!
9) Don’t Run Red 10) Drive Precisely 11) Chill Out 12) Look Down the Road 13) Create Space & Use the two-seconds-plus rule 14) Drive to Communicate 15) Drive Predictably 16) Always Signal Your Intentions 17) Know Your Blind Spots 18) Avoid Distractions 19) Avoid Backing Up 20) Beware of Intersections 21) Be a Freeway Pro 22) Know How to Stop 23) Know When to Use Headlights 24) Slow Down in Rain or Snow 25) Maintain Your Vehicle’s Tires
Click here for all 70 rules from RoadTrip America, complete with descriptions and other advice for each rule.
Continue reading ›

sleepydriving.jpg

In Part 3 of its three-part series on preventable traffic crashes, https://www.injury-lawyer-florida.com looks at the dangers of sleepy and distracted driving.

Florida injury lawyers
handle hundreds of car accidents, motorcycle accidents and trucking accidents each year. In many instances, distracted driving is a cause of the traffic crash.

Evidence that distracted driving in all its forms is a leading cause of as many as 4 out of every 5 crashes has Florida considering banning cell phones behind the wheel.

A landmark study by the National Highway Traffic and Safety Administration and the Virginia Tech Transportation Institute found 80 percent of crashes and 65 percent of near crashes involved some form of driver inattention in the three seconds leading to the crash. Primary causes of driver inattention are distracting activities, such as cell phone use and drowsiness.

“This important research illustrates the potentially dire consequences that can occur while driving distracted or drowsy,” said Jacqueline Glassman, of the NHTSA. “It’s crucial that drivers always be alert while on the road.”

Florida lawmakers are considering several legal changes banning cell phone use and/or text messaging by drivers. One version, known as Heather’s Law, is named for a young north Florida woman who was killed on her way to the wedding planner in a crash with a semi driver who was allegedly text messaging.

While 1 in 7 drivers admitted to text messaging while driving, nearly half of teen drivers admitted sending text messages or e-mail while behind the wheel of a car.

If adopted, Florida would join five other states that ban cell phone use by drivers, including Washington, California, New York, New Jersey, Connecticut, and Washington, D.C.

Key findings of the national study include:

* Drowsiness is a significant problem that quadrupules a driver’s risk of a crash or near-crash. Drowsy driving may be significantly under-reported in police crash investigations.
* The most common distraction for drivers is the use of cell phones. However, the number of crashes and near-crashes attributable to dialing is nearly identical to the number associated with talking or listening. Dialing is more dangerous but occurs less often than talking or listening.
* Reaching for a moving object increases the risk of a crash or near-crash by 9 times; looking at an external object by 3.7 times; reading by 3 times; applying makeup by 3 times; dialing a hand held device by 3 times and talking or listening on a hand-held device by 1.3 times.
* Drivers are often unable to predict when it is safe to look away from the road to multi-task because the situation can change abruptly, leaving the driver no time to react.

According to www.drowsydriving.org, at least 100,000 police-reported crashes a year are the direct result of driver fatigue. Each year, drowsy-driving crashes result in at least 1,550 deaths, 71,000 injuries and $12.5 billion in losses.

Studies show that drowsiness can cause:

* Slower reaction time.
* Impaired judgment and vision.
* Decline in attention to important signs, road changes and the actions of other vehicles.
* Decreased alertness, preventing you from seeing an obstacle and avoiding a crash.
* Increased moodiness and aggressive behavior.
* Problems with processing information and short-term memory.
* Microsleeps — brief 2/3 second sleep episodes.

Countermeasures to prevent a fall-asleep crash while driving:
* Watch for the warning signs of fatigue.
* Stop driving — pull off at the next exit or rest area, or find a place to sleep for the night.
* Take a nap — find a safe place to take a 15-20 minute nap (more than 20 minutes can make you groggy for 15 minutes or more after waking).
* Consume caffeine — the equivalent of two cups of coffee can increase alertness for several hours, and usually takes about 30 minutes to enter the bloodstream.
* Try consuming caffeine before taking a short nap to get the benefits of both.
* Let a passenger take over the driving.

Safety is not an accident — you can take specific actions to be a safe driver and passenger.
Continue reading ›

5981_traffic_jam.jpg
This week Florida Injury Lawyers is publishing a trio of articles on https://www.injury-lawyer-florida.com focusing on behavior that frequently leads to personal injury and wrongful death in preventable car accidents: Aggressive driving, speeding and distracted and sleepy driving.

Florida accident lawyers handle hundreds of cases each year involving car accidents, trucking accidents and motorcycle accidents caused by the negligence of aggressive drivers.

This is not an abstract threat — you are either at risk or putting people at risk of a car accident or other traffic crash. Consider this: In 2006 alone, an average of more than 700 crashes occurred every day in the State of Florida — claiming 3,365 lives, or more than 50 people killed in a Florida car accident in each and every county in the state.

Aggressive drivers are some of the highest-risk drivers on the road, according to the National Highway Traffic Safety Administration. They climb into the anonymity of an automobile and take out their frustrations on anybody at anytime. Their concern for fellow motorists is low.

They run stop signs and red lights, speed, tailgate, weave in an out of traffic, pass on the right, make improper and unsafe lane changes, make hand and facial gestures, scream, honk and flash their lights.

Signs you are an aggressive driver:
* You express frustration behind the wheel: Taking out frustrations on other drivers can lead to violence or a crash.
* You fail to pay attention when driving: Talking on the phone, reading, eating, drinking, applying makeup and other distractions are a major cause of traffic crashes.
* You tailgate: This is a major cause of crashes, which too often leads to serious injury or death.
* You run red lights: Do not enter an intersection on a yellow light. The several minutes you might save could cost you your life. Remember that flashing red lights should be treated as a stop sign.
*You speed: Going faster than the posted speed limit, or than road conditions or traffic will safely allow, is a frequent cause of serious car crashes.


Strategies for Safer Driving

*Concentrate: Don’t allow yourself to become distracted by anything but the task of driving.
* Relax: Tune the radio (while stopped) to your favorite station and relax. Music can calm your nerves and help you enjoy your time in the car.
* Don’t speed: Fewer crashes happen when vehicles are traveling at or about the same speed.
* Identify alternative routes: Even if it looks longer on paper, you may find it less congested.
* Use public transportation: It can give you a much-needed break from life behind the wheel.
* Just be late: If all else fails, be late. You will still arrive at your destination sooner than if you cause a serious car accident that injures you or someone else.

When confronted with aggressive drivers:
* Get out of the way.
* Put your pride aside: Do not challenge them by speeding up, becoming aggressive yourself, or trying to hold your own in your lane.
* Avoid eye contact: It sometimes enrages an aggressive driver.
* Report serious aggressive driving: You or a passenger may call police. But if you use a cell phone, pull over to a safe location.
Continue reading ›

833821_elderlyhands.jpg
A Southwest Florida elder-care facility may have been negligent in the smothering death of a 72-year-old resident, according to a state probe, which found some evidence of neglect or abuse.

Florida nursing home neglect lawyers and elder abuse attorneys encourage residents throughout Southwest Florida to carefully check a facility where they are considering placement of a loved one.

Florida law governing nursing homes and assisted living facilities, including the residents’ bill of rights, can be found by clicking here.

“There are some very, very good nursing homes,” Florida personal injury attorney Bruce L. Scheiner, of Associates and Bruce L. Scheiner, Personal Injury Lawyers, told FOX4 news in a television interview about this most recent incident. “But there are also nursing homes where I would not want one of my loved ones to step foot inside.”

The 72-year-old resident of Hidden Oaks Retirement Center was smothered to death in the Alzheimer’s unit after an argument over a blanket with roommate Kenneth Knauf, an 87-year-old retired U.S. diplomat.

Another report says the Fort Myers center broke several rules or laws, including falsifying a record, failing to keep the two residents safe and train staff properly, according to an article in The News-Press of Fort Myers.

Department of Children and Families closed its investigation earlier this month with findings of inadequate supervision. DCF has investigated seven allegations of abuse or neglect at Hidden Oaks in the last three years — Two were closed with findings, DCF spokeswoman Erin Gillespie told https://www.injury-lawyer-florida.com
The Agency for Health Care Administration reported the fight went on for half an hour and the 911 call was not made until about 10 minutes after the resident was found by employees, who tried to perform CPR.

The report highlighted the home’s failure to comply with residents’ bill of rights. The News-Press reported that failure to take corrective action could result in the state shutting the facility down or preventing the facility from accepting any new residents
Attorney Scheiner encourages anyone with a friend or loved one in a nursing home, assisted living facility or other elder care environment to familiarize themselves with Florida’s residents’ bill of rights.

Florida’s Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

Additional useful information, including inspection reports and other data on Florida facilities can be found by clicking here.
Continue reading ›

Badge
Badge
Badge
Badge
Contact Information