Florida Injury Lawyer Blog

11-Year-Old Victim Facing Nearly $70,000 in Bills After Dog Bite Incident

August 4, 2012 | Associates and Bruce L. Scheiner

An 11-year-old Florida girl has been grievously injured by a dog attack — a tragic reminder of the dangers associated with our love for man’s best friend.

After suffering a severe dog bite injury in West Palm Beach, she is currently undergoing econstructive surgery to help to fix her face. She lost a good part of her upper lip in the bite and doctors are doing all that they can to help to restore her appearance.

According to ABC NEWS, the young girl was sleeping over at a friends house when the attack happened. She woke up to the Jack Russell terrier-English bulldog growling at her. In a matter of seconds, the dog jumped at her and bit her face. In the attack, the dog’s teeth ripped off about three-quarters of her upper lip and even part of her nose. When paramedics arrived, the mother of her household turned over parts of the little girl’s lip that was found on the floor. Unfortunately, the blood vessels in the tissue had already died and the skin could not be reused.

Our Cape Coral dog bite attorneys understand how serious dog bite injuries can be. If you or someone you love has been attacked by a dog, it’s important to contact an experienced attorney to help guide you through the legal process. There are strict laws in the state of Florida regarding dog bite injuries that must be followed. An experienced attorney can help you to make sure you get the compensation that you deserve!

Following the attack, the little girl was rushed off to St. Mary’s Medical Center in West Palm Beach. She was then transferred to Joe DiMaggio Children’s Hospital in Hollywood where a specialist could be assigned to handle her reconstructive surgery.

Surgeons decided to do a “switch lip” on her, meaning that they took skin from the lower lip, flipped it upside down and reattached it to the upper lip. Since so many blood vessels were already dead, surgeons had to stitch her mouth shut until new vessels could grow back. It’s expected to take about three weeks.

She’s got many more surgeries to go until doctors can do what’s possible to restore her face. So far, the medical bills total more than $70,000. The family is currently taking donations to help to cover the costs.

In the state of Florida, an owner of a dog that bites someone can be held liable for the damages. This is held true even when the dog has shown no prior signs of viciousness. If there is any kind of negligence on the victim’s behalf that is a proximate cause of the attack, then the liability of the dog owner is reduced by the percentage that the victim’s negligence in the incident.

Young children follow a separate set of guidelines when dealing with these cases. Children who are under the age of 6 presumably cannot comprehend the dangers of a dog and will not be held liable for instigating an incident.
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Federal Website Revamps to Help Nursing Home Search

August 3, 2012 | Associates and Bruce L. Scheiner

There’s a government website that can be used to help you to choose the right nursing home for your elderly loved one. Two websites just got a makeover and now they’re easier to use than ever, according to the Herald-Tribune. You can get some of the most detailed information, like what residents in a particular Naples home are having for breakfast.

Fort Myers nursing home neglect often occurs when family members don’t stay informed. We understand that there’s also a new feature on the website that will help residents to find homes in relation to their home or any specific zip code.

Another feature allows you to look at all of the “Inspections and Complaints” at a specific nursing home. You can review narratives that give specific details regarding site reports. These reports are updated every month. You will also be provided with a star-rating system, meaning that each nursing home will be rated on a number of criteria, helping you to get the inside scoop on how they’re really run. This site is going to be extremely useful for those who are narrowing their list of potential nursing homes.

Don’t have access to a computer? You can also call 1-800-MEDICARE (633-4227) and have someone walk you through all of the information that can be found on the website regarding any nursing home you choose.

This information was always available on the Florida Agency for Health Care Administration website. It was just tough to find and tough to navigate through. This information wasn’t always reliable either. Now, the information will be more accurate and will be more up to date. You can access the Nursing Home Compare website at any time.

This website is also helping to make the performance reports of nursing homes more transparent. It’s all a part of the government’s attempt to raise the standards of these facilities.

Some of the other new features on the website include current rates of antipsychotic drug dosing at nursing homes.

“We’ve taken out a lot of the narrative you used to see, making it easier to read and more appealing to look at,” said Shari Ling, CMS deputy chief medical officer.

You are also urged to visit potential nursing homes often. You should stop in periodically and during off-peak hours to get a first-hand look into a home’s operations, according to ABC7. It’s also important to make sure that you find a home that fits your needs. Make a checklist of all the things you require from a nursing home and don’t stop until you find the right one. Do your research!
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Lee and Collier County Boating Accident Risks Among Highest in State

July 23, 2012 | Associates and Bruce L. Scheiner

In 2011, there were nearly 750 people who were killed in boating accidents in the state of Florida.

Many of these accidents could have been prevented. According to accident reports, nearly 55 percent of the victims who were killed in these accidents were not wearing a life jacket when the accident happened. It’s like riding in a car. You’re always urged to wear a seat belt. The same should be true on the water — you wear a life jacket.

Most boaters think that it’s good enough to have life jackets stored in the boat. The truth of the matter is that boaters are not always able to locate and put on the life jacket in enough time when an accident happens.

“Sinking boats usually go down fast, and people who have been ejected often end up unconscious, so it’s extremely important that people wear the life jacket, or at the very least, have it readily accessible,” said Joy Hill, with the Florida Fish and Wildlife Conservation Commission.

Our Fort Myers boating accident attorneys understand that boaters are required to make sure that there is at least one properly fitted, U.S. Coast Guard-approved life jacket for each person that’s on a boat. Kids who are under the age of 6 are required to wear a life jacket at all times.

Unfortunately, many boaters don’t abide by these laws. Many boaters say that life jackets are hot and bothersome and choose to jeopardize their safety instead. Luckily, life jackets are getting more and more advanced. They are now lightweight, inflatable life jackets that may help to ease some of the comfort concerns. Jackets are now considerably smaller than they used to be and now some of them will even inflate once you hit the water so that you don’t have to worry about the bulkiness beforehand.

In the state of Florida, nearly 60 percent of the reported boating accidents from 2011 were reported in 10 Florida counties — including Lee and Collier counties
2011 Boating Accidents in Lee County:

-Open Motorboat: 22
-Cabin Motorboat: 9
-Personal Watercraft: 5
-Pontoon Boat: 5
-Sail (aux power): 3
-Not specified: 2
-Houseboat: 1
In these accidents, the most common cause was machinery failure, followed by weather, operator inattention, carelessness, excessive speed and congested waters. Most of these accidents were flooding accidents. But many others were caused from collisions with fixed objects and other vessels in addition to fires and explosions.

2011 Boating Accidents in Collier County:

-Open Motorboat: 15
-Airboat: 7
-Personal Watercraft: 4
-Sail (aux power): 4
-Cabin Motorboat: 2
-Other: 2
-Not Specified: 2
-Canoe/Kayak: 2
-Mini Jet Boat: 1
-Pontoon Boat: 1 Continue reading ›

Swimming Pool Accidents in Fort Myers and Elsewhere Likely through Summer

July 22, 2012 | Associates and Bruce L. Scheiner

Recently, there was a span of five days in which 5 young children drowned or nearly drowned in swimming pools in Tampa. Some of the accidents happened when parents were present on the pool deck while others happened while parents were inside or otherwise took their eyes off of their children.

Regardless of how these tragedies occur, it only takes a few minutes for a child to drown in a swimming pool or hot tub or even in a backyard canal. According to Tampa Bay Online, this string of accidents has the full attention of pool safety advocates.

“This just breaks my heart,” said Jenna DeVito-Roisum, president of Mason’s Gift, which is a nonprofit organization that is focused on helping to prevent child drowning deaths.

Our Cape Coral swimming pool accident attorneys understand that these accidents often involve a lack of supervision or a lack of proper safety equipment, including gate latches and pool alarms. These accidents are so common in the state of Florida because we’ve got such beautiful weather year round. During the summer season, more people are on vacation, more people are hosting graduation parties and residents are celebrating with many other outdoor, poolside activities. Whatever the reason may be, there’s no getting around the fact that drowning fatalities in swimming pools increase significantly during the summer months.

From January to October of 2011, there were nearly 60 children in the state of Florida who died in swimming pools. This serves as the highest number across the country, according to the U.S. Consumer Product Safety Commission. Texas had about 40 fatalities during the same time. California had 39, followed by Arizona with 33.

Swimming Pool Safety Tips from the Florida Swimming Pool Association (FSPA):

-Always supervise children. There is no substitution!

-Don’t let anyone distract you while children are in the pool.

-Don’t leave toys near the pool that might attract children.

-Make sure that you store all chemicals, cleansers and accessories safely and securely in appropriate areas.

-Always use sunscreen. Use the strongest during the summertime.

-Serve food and beverages in non-breakable containers.

-Never swim or play near the pool when consuming alcohol or any type of drugs.

-Learn CPS. These skills can save lives in the event of an emergency.

-Keep a phone nearby in the event of an accident.

-Be sure to keep rescue equipment nearby.

-Consider using ropes or float lines across the pool show swimmers where the shallow end of the pool stops.

-Keep a list of emergency contact numbers near the phone by the pool.

-Make sure everyone knows how to swim. Enroll young children in swimming lessons.

-Exit the pool and go inside at the first sign of a thunderstorm.

-Never run near a pool.

-Avoid diving into water, regardless of if you know how deep it is.

-Never stand or play on a pool cover.

-Never play with drains of any kind.
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Hit-and-Run Accident in Naples Lands Driver in Jail

July 14, 2012 | Associates and Bruce L. Scheiner

A 35-year-old man was recently arrested after his alleged involvement with a hit-and-run car accident in Naples at the Brittany Bay apartment complex.

According to WINK News, the driver reportedly backed out of a parking lot at a high rate of speed, sideswiped a vehicle and then sped off. Luckily, the owner of the vehicle that was hit was standing nearby watching fireworks and witnessed the accident. Officers say that they saw the suspect speed out of the complex. They also say that he ran a stop sign before pulling onto Collier Boulevard. Upon entering Collier, his car fishtailed for about 200 feet.

Shortly after the suspected hit-and-run driver got onto Collier, they pulled him over. During the traffic stop, the victim of the apartment-complex sideswipe arrived on scene and told the officers that they had the man who hit their car and fled. The suspect was arrest and is looking at charges of leaving the scene of an accident with property damage in addition to reckless driving charges. Authorities believe that he may have also been under the influence of drugs at the time.

Our Naples car accident attorneys understand that hit-and-run accidents happen every day and they happen to innocent people. Many times, drivers will flee the scene of the accident because of alcohol or drug use, because they lack a valid driver’s license, or simply because they panic. Whatever the reason may be, it is important for the victim to call authorities immediately and then to contact an experienced attorney. In some cases where the driver was not located, a motorist may be able to collect from his or her own insurance policy. When a driver is located, recovery may come from his or her insurance policy, insurance policies in place on other vehicles in the household, or a claim against an at-fault driver’s assets.

According to the AAA Foundation for Traffic Safety, more than 10 percent of all traffic accidents are hit-and-run accidents. Every year, there are nearly 1 million of these kinds of accidents reported. That’s a near 20 percent increase since 1999, according to the National Highway Traffic Safety Administration (NHTSA).

What might be most shocking is that there are nearly 3,000 of these accidents reported in the state of Florida each and every year.

What to do in the event of a hit-and-run accident:

-Check yourself and your passengers to see if anyone is injured.

-Call the police!

-Provide officers with as much detail as you can, including info regarding the driver, the car and how the accident happened.

-See if there are any witnesses and collect statements and personal information.

-Take pictures if you can. Look for nearby traffic or surveillance cameras.

-Contact an experienced lawyer to help you to protect your legal rights.

-Report the accident to your insurance company as soon as possible. Sometimes there are limitations regarding the time you have to notify your insurance carrier of an accident.
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Fort Myers Motorcycle Accident Claims Rider – Remember to Look Twice and Save a Life this Summer

July 13, 2012 | Associates and Bruce L. Scheiner

A recent accident in Fort Myers took the life of a motorcyclist. According to The News-Press, the accident happened on Fowler Street when the motorcyclist ran into a van after it reportedly turned in front of him. The accident happened just after 12:00 p.m. Officers with the Fort Myers Police Department responded to the accident, at Market and Flower Streets, and pronounced the motorcyclists dead at the scene. Officers are saying the driver of the van is at fault. He will be cited for failing to yield to the right of way.

And that is the number one cause of motorcycle v. vehicle accidents — In far too many cases the motorist fails to yield the right of way. In the vast majority of those cases, a motorist turns left into the path of an oncoming rider.

Our Fort Myers motorcycle accident lawyers urge motorists to be more aware. A motorcycle’s small size make speed and distance difficult to judge. Frequently a bike is closer and moving faster than it appears. Showing a little patience and waiting to make your turn can prevent an accident.

These motorists are at some seriously high risks for traffic accidents. What’s even worse is that they’re at higher risks for serious injury and even death in the event of a collision. Even with a helmet, these riders are vulnerable to the impact from another car, from the pavement and even from property. Drivers are asked to be safe and alert on our roadways to help to keep these vulnerable travelers safe.

In 2010, there were more than 235,000 traffic accidents in the state of Florida, according to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). In these accidents, there were nearly 2,500 people killed in just one year. Another 195,000 people were injured.

Of these fatalities and injuries, nearly 400 fatalities were motorcyclists and another 50 were motorcycle passengers. There was a near 30 percent increase in the number of motorcycle passengers who were killed from 2009 to 2010. In addition to all of these fatalities, there were another 9,000 motorcyclists injured in 2010.

Florida continues to be ranked as one of the top states for these kinds of accidents.

To help to keep our riders safe, we’re asking all drivers to be on the lookout for our two-wheeled friends. Riders are often overlooked on our roadways. We just all need to take that extra second to check for any motorcycles. This is especially important when you’re changing lanes, when you’re making a turn or when you’re reversing. These riders can easily get lost in your blind spots, too. Make sure that you physically turn your head to check your blind spots before making a move. They may have smaller vehicles and less wheels than most of us but they’re still entitled to the same rights on our roadways, that includes the right to an entire lane.

Never try to share a lane with a motorcyclist.
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Heatstroke-Related Child Injuries in Fort Myers and Elsewhere Likely with Summer Heat

July 12, 2012 | Associates and Bruce L. Scheiner

Kids are left in hot cars every day. Many times, they’re accidentally left in cars by a parent. In other cases, daycare centers, babysitters and other caregivers have left children behind, with serious or fatal results.

More than 30 kids were killed when they were left inside a hot car and suffered heatstroke injuries in Fort Myers and elsewhere in 2010. Hundreds of others were seriously injured.

To help to bring light to these kinds of accidents and to help to prevent them in the future, the National Highway Traffic Safety Administration (NHTSA) is joining forces with Safe Kids Worldwide. These two organizations will be working together to put on a number of events throughout the month of July to highlight the dangers of heatstroke. Did you know that heatstroke is the number one cause of vehicle-related, non-crash fatalities for kids who are under the age of 14?

“We hope our campaign not only helps caregivers avoid accidentally harming a child but also clears up some of the misconceptions about the causes of child heatstroke in cars,” said U.S. Department of Transportation (USDOT) Secretary, Ray LaHood.

Our Fort Myers injury attorneys understand that parents, guardians and other adults who transport children are the number one line of defense against these kinds of accidents. The recent announcement from the NHTSA is building on the already national campaign, “Where’s baby? Look before you lock.” While the number of fatalities resulting from these kinds of accidents has decreased over the last year, we’re still seeing far too many of these preventable deaths.

Officials with both Safe Kids and with the NHTSA say that they hope that the campaign can help parents and caregivers to avoid accidentally harming a child. They also hope to help clear up some of the confusion and misconceptions about the causes of heatstroke in hot vehicles.

Kids are at some of the most serious risks for these kids of accidents here in Florida. We’re continuously seeing temps in the low to mid 90s! The truth of the matter is that these kinds of accidents can even happen in the mid to low 80s, when a child’s body can heat up to deadly temps only after just 10 minutes. Children who are under the age of 4 are at the highest risks for these kinds of incidents and injuries.

To reduce the risks of heatstroke-related injuries:

-Check your entire car before you lock it and walk away.

-You should NEVER leave your kid in a vehicle alone, regardless if the air is on and the windows are cracked.

-Leave something important in the backseat, like your cell phone, your wallet or your purse to help to force you to look in the backseat before getting out.

-If you see a child alone in a car, call your local authorities at 9-1-1 immediately. If a child is suffering from heat-related injuries, remove them from the car and cool them as quickly as possible.

-Do you have someone who looks after your kid? Tell them to get a hold of you immediately if they do not show up as they’re expected.

-Make sure that your children know that cars are not areas to play.

-Store your family’s car keys both out of sight and out of reach of small children.
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Officers Fighting Drunk Driving Car Accidents in Fort Myers and Elsewhere over Fourth of July Holiday

July 4, 2012 | Associates and Bruce L. Scheiner

Each year, the Fourth of July serves as a holiday with some of the highest risks for alcohol-related car accidents in Fort Myers and elsewhere.

This year, law enforcement officers from around the state are working together and are increasing enforcement efforts as a part of the “Drive Sober or Get Pulled Over” campaign used to bust impaired drivers. These irresponsible drivers aren’t only putting their own lives at risk, they’re also threatening the lives of innocent motorists.

According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related accidents cost the country nearly $40 billion a year. In just 2010, there were more than 10,000 people who were killed in these accidents.

That’s right. Someone was killed in one of these completely preventable accidents every 51 minutes.

Our Fort Myers drunk driving accident lawyers understand that alcohol-related accidents account for nearly a third of all fatal accidents in the U.S. That number spikes during each Fourth of July. According to the NHTSA, there were nearly 400 people killed in car accidents during the Fourth of July holiday period in 2010. Nearly 40 percent of these fatalities were in accidents that involved at least one driver who was legally drunk, or had a blood alcohol concentration (BAC) of .08 or higher.

To help to reduce these numbers for the 2012 holiday, officers will be combing the roadways in search of irresponsible drivers. There will be an increase in the number of roving and saturation patrols, in sobriety checkpoints and in other enforcement methods.

Most times, Fourth of July celebrations kick off during the daylight hours but they last well into the night. For this reason, these kinds of accidents are most likely to happen during the evening hours. You’re actually four times more likely to be involved in an alcohol-related crash during the night than during the day.

“The amount of alcohol that one can consume during a day-long party or celebration can drastically impair the motor skills needed to drive safely,” said the NHTSA.

Those who will be drinking and driving are forewarned. Officers are on the lookout for you! There are no warnings either as officers will be practicing a zero-tolerance policy this year!

To Prevent a Drunk Driving Accident:

-Make sure that you have a sober ride home lined up before you start your celebrations.

-If you need, you can call a cab, call a sober family member or friend or you can use public transportation.

-If you see a drunk driver, report them to authorities immediately.

-If someone you know is about to drive drunk, take their keys away from them and help them to find a sober ride home.
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Car Accidents in Cape Coral and Elsewhere Common over Fourth of July Holiday

July 3, 2012 | Associates and Bruce L. Scheiner

The Fourth of July might be smack in the middle of the week, but Americans are using this time to make an extra-long holiday period.

Many will be setting out on vacations. According to CNN, there are more than 42 million Americans who will be venturing out least 50 miles from their home during the holiday period. That’s a near 5 percent increase over the past few years.

Some are saying that it’s the low gas prices fueling the travel fever. Whatever it is we know that our roadways are going to be slammed and you’re urged to be careful. The Fourth of July returns some of the highest rates for car accidents in Cape Coral and elsewhere among any of the holiday periods.

Our Cape Coral car accident attorneys understand that nearly 55 percent of this year’s Fourth of July travelers are planning on starting their vacation before the work week even begins. It’s going to be a long week of dangerous roadways. According to officials with AAA, nearly 36 million of the near 42 million travelers are expected to get to their destinations via car. The rest of the travelers will be using other forms of transportation, such as trains, planes, cruise ships and buses.

July is the deadliest month out of the year on our roadways. Much of this is a result of the risks we face during the Fourth of July holidays.

According to the National Safety Council (NSC), more than 170 people are expected to die in car accidents over the Fourth of July holiday, counting as the time between 6:00 p.m. on the 3rd and 11:59 p.m. on the 4th. Experts are also predicting that more than 17,000 people will be injured in auto accidents during this time, too.

There are ways that you can reduce your risks for one of these accidents. The NSC is here to offer some safe driving tips for this dangerous travel holiday.

Fourth of July Safe Driving Tips:

-Stay off the phone. About a quarter of all accidents involve a cell phone-using driver. Keep distractions out of the driver’s seat.

-Make sure that everyone in your vehicle is buckled in properly during each and every car ride.

-Never leave a kid or a pet unattended in a vehicle. During this time of the year, heat-related injuries are common when individuals are left inside of a car, even when it’s running and the windows are cracked.

-Do not drink and drive. Remember that officers are out looking for impaired drivers through their Fourth of July Impaired Driving Prevention Campaign.

-Make sure you know where your teen driver is going, who they’re going with and when they’ll be back.

-Never get into a vehicle with an intoxicated driver.

-Get plenty of rest before heading out on your car.

-Keep calm behind the wheel and stay focused on the road.

-Check weather and traffic conditions before heading out.
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Injuries in Cape Coral Likely While Setting Off Fireworks

July 2, 2012 | Associates and Bruce L. Scheiner

There’s going to be plenty of firework displays going on throughout Southwest Florida during the Fourth of July holiday. Many of these displays are spectacular and you’re urged to join, bring along your friends and your family members.

But if you’re more of the do-it-yourself type and you want to put on your own firework display, you should know the law and do your part to avoid fireworks injuries in Cape Coral and elsewhere.

Every year, firework-related injuries send about 9,000 people to the hospital. About 6,000 of these injuries happen around the 30 days that surround the Fourth of July. Have fun, but be careful!

In the state of Florida law, it is illegal to light off firecrackers, torpedoes, roman candles, skyrockets, daygo bombs or any firework containing flammable or explosive compounds.

Our Cape Coral personal injury lawyers are asking everyone to enjoy their Fourth of July holiday, but we’re also asking you to please treat fireworks with respect and to celebrate responsibly. You’re encouraged to read all of the warning and caution labels on each firework and to use common sense. Always obey all local laws pertaining to the use of fireworks.

The National Council on Fireworks Safety offers these safety tips to help prevent a holiday disaster:

-Never use fireworks in doors.

-Always obey local firework laws.

-If using fireworks on the sidewalk or street area, assign a person to observe for vehicle traffic for safety.

-Keep some water nearby. Your best bet is to keep a bucket of water or a hose.

-Never point an ignited firework at a person. Only launch them into the air.

-Never alter or combine fireworks or use it as it’s not intended.

-Do not ignite any fireworks in your hands. All fireworks should be ignited on the ground.

-Always use common sense.

-If you’ve got a dud firework, do not attempt to relight it. Soak it in a bucket of water for 20 minutes and then dispose of it.

-Keep firework spectators away from shooting fireworks and away from the shooter.

-The shooter of the fireworks should always wear protective glasses.

-Alcohol and fireworks are not a safe combination. Make sure the shooter is sober.

-Never allow anyone under the age of 12-years-old to handle fireworks. They should not even be allowed to handle sparklers. These devices can heat up to approximately 2,000 degrees.

-Don’t try making your own fireworks.

-Always report any illegal use of fireworks to the police department or to the local fire department.

Only use legal fireworks. Officials estimate that about a third of all firework-related injuries are cause by illegal explosives or homemade fireworks.
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