Fort Myers injury lawyer

Seeking Justice, Not Fees: How Our Contingency Approach Empowers You

January 15, 2024 | Associates and Bruce L. Scheiner

At Associates & Bruce L. Scheiner, Attorneys for the Injured, we understand that navigating the aftermath of an injury can be overwhelming. We want you to know that we offer our legal services on a contingency fee basis. This means that our payment is contingent upon the successful resolution of your case. If you don’t win, we don’t charge a fee—it’s that simple.

Our fee structure is tailored to serve your best interests. As personal injury attorneys in Florida, we follow the standard charging practice that ranges between 33 1/3% and 40% of the compensation we recover for you. This flexible scale ensures that our objectives align perfectly with yours, which is to obtain the maximum possible compensation for your injuries and losses.

We pride ourselves on transparency and adherence to the Florida Bar Rules of Professional Conduct. Our contingency fees are not only a common practice but a regulated one, ensuring fairness and integrity in the representation we provide.

The Vital Importance of Uninsured/Underinsured Motorist Stacking Coverage

October 26, 2023 | Associates and Bruce L. Scheiner

In today’s bustling world, where vehicles are an integral part of our daily lives, accidents can happen in the blink of an eye. While we hope that everyone on the road is adequately insured, the reality is that not all motorists carry sufficient insurance coverage to protect themselves and others. That’s where Uninsured/Underinsured Motorist (UM/UIM) stacking coverage comes into play, and its importance cannot be overstated.

In the 50 years we’ve been in Southwest Florida, we have seen countless clients struggle with the aftermath of accidents involving uninsured or underinsured motorists. In this blog post, we aim to shed light on the significance of UM/UIM stacking coverage and why every responsible driver should consider adding it to their auto insurance policy.

Understanding Uninsured/Underinsured Motorist Coverage

Distraction a Primary Car Accident Threat in SWFL

April 25, 2019 | Associates and Bruce L. Scheiner

As we end Distracted Driving Awareness Month we wanted to take a look at the most common causes of driver distraction besides cell phones.

Without question, introduction of the smartphone in the last decade has been the biggest factor when it comes to the increased risk of distracted drivers on the road. Today’s drivers not only use their phones to talk and text, but also for navigation, music, and social media. Each of these activities involves all three types of distraction – visual, cognitive and manual – making them among the most dangerous distractive behaviors engaged in by drivers.

But similar concerns met introduction of the AM radio into automobiles, as well as introduction of the 8-track tape deck as a standard option in the 1960s. When it comes to driver distraction, our car accident lawyers in Fort Myers and Cape Coral know it’s a safety mindset that will best protect you from being involved in a collision.

Baugh v. Cuprum – $11M Ladder Injury Verdict Affirmed

January 24, 2017 | Associates and Bruce L. Scheiner

A federal appeals court has affirmed an $11 million ladder injury verdict awarded to a suburban man who suffered severe brain damage when the ladder on which he was standing collapsed.

The jury found in favor of plaintiff’s claim that the ladder on which he was standing while replacing gutter screws was defectively designed – as it was unable to withstand more than 200 pounds of weight – and thus caused him to fall. As a result, he sustained a traumatic brain injury. The damage award included $7.1 million for medical expenses, plus $2 million each for pain and suffering and loss of a normal life.

Defendant manufacturer argued it should receive a new trial because the district judge wrongly allowed two of plaintiff’s expert witnesses to testify, despite questionable scientific methodology, and that plaintiff failed to prove the ladder was unreasonably dangerous. The appellate court found defendant’s argument was predicated mostly on the weight of the experts’ arguments, which is within the discretion of the jury to consider, rather than its admissibility. Further, the court held plaintiff had presented sufficient evidence to prove the design was defective and a reasonable alternative existed. Even though defense had presented evidence to the contrary, it was up to the jury to consider how much weigh to give that evidence. In Baugh v. Cuprum, the U.S. Court of Appeals for the Seventh Circuit, ruled the lower court did not commit any errors.

Report: Lee County Traffic Deaths Soar More Than 10 Percent in 2016

January 13, 2017 | Associates and Bruce L. Scheiner

The number of traffic deaths in Lee County soared higher than at any point in a decade – and more than 10 percent in just a single year.

That’s according to the latest report from The New-Press, which as of Jan. 1st still only had numbers through early December 2016. There were more than 100 deaths by that time, which is the first time they went over that mark since 2007. And actually, the early 2016 figure was slightly higher – 109 compared to the 106 counted in 2007. There were 121 in 2006 and 150 in 2005. But the numbers had been steady falling the last ten years. The number of Lee County roadway deaths dipped to the lowest point in 2012, when there were 64 who lost their lives on our roadways.

These figures fail to take into account the hundreds of more people who were seriously injured – sometimes permanently – as a result of careless drivers in Southwest Florida. Statewide, the news agency reported there were 3,161 traffic deaths as of Dec. 30th. That marked an increase of 222 over the previous year – and didn’t include figures from the notoriously perilous New Year’s Eve. Continue reading ›

NHTSA Proposes Rules for Vehicle-to-Vehicle Communication

January 12, 2017 | Associates and Bruce L. Scheiner

The majority of Fort Myers car accidents are the direct result of human error. Someone wasn’t paying attention. Someone was too sleepy. Someone was speeding or drunk or misjudged how much time they had before a light. Now, the National Highway Traffic Safety Administration (NHTSA) is looking to improve safety by mandating in-vehicle technology systems that will allow vehicles to communicate directly with other vehicles and certain infrastructure to counteract the danger caused by human mistakes.

It’s called vehicle-to-vehicle (V2V) communication (also sometimes referred to as Connected Vehicle Technology), and the goal would be to require cars, trucks, buses and trains to communicate key safety and mobility information with each other. Creators say it could prevent serious and fatal crashes, reduce congestion and delays and help lower the carbon footprint of the millions of vehicles in motion in the U.S. every day. Considering that car accidents are the No. 1 cause of death for people ages 4 and 11 through 27 (according to the Centers for Disease Control and Prevention), this is feature that has the ability to make a huge impact on people’s lives.

Last month, the agency proposed a rule that would require V2V communication on all new light vehicles, allowing them to “talk” to each other and help drive down the number of serious crashes. The agency, in explaining how V2V works, noted that connected vehicles may well transform the way Americans travel. The systems would be connected via short-range communications technology, similar to WiFi. It would be fast, secure and reliable. In addition to vehicles, infrastructure like traffic lights, toll booths and school and work zones would be able to tap into this network to communicate information. Essentially, it will give drivers a 360-degree awareness of what’s happening in situations they can’t possibly see with their own eyes at any given moment. Continue reading ›

USDOT Aims to Curb Cell Phone Distractions for Drivers

January 11, 2017 | Associates and Bruce L. Scheiner

With the goal of reducing the serious risk posed by distracted drivers toying with their cell phones, the U.S. Department of Transportation’s National Highway Traffic Safety Administration has proposed voluntary guidelines to manufacturers of phones and software. One of the key measurements involves a the creation of a “Driver Mode,” akin to the “Airplane Mode,” which shuts off wireless communication that might interfere with modern aircraft systems. In the same way, this “driver mode” would block or modify certain cell phone apps so that a motorist’s attention could stay on the road.

These voluntary guidelines were introduced amid news that traffic deaths over the last two years have increased sharply. Yes, part of that is due to falling gas prices and an improved economy, which has more people on the road. However, cell phone distraction is believed to be a substantial part of the problem. If drivers can’t be trusted to put the phones down on their own, then technology companies may need to step in and do it for them – not just for their own sake, but for the safety of those with whom they share the road.

The guidelines call on manufacturers of electronics, such as Samsung and Apple, to alter future operating systems in a way that curtails functionality and simplifies interfaces while the device is inside a vehicle that is moving. There are also requests to develop technology that would be able to determine when devices are being used by a motorist who is driving, while still allowing others who are in the vehicle full access to those features. Continue reading ›

New Year’s Eve Drunk Driving Accident Victims an Unfortunate Reality

December 31, 2016 | Associates and Bruce L. Scheiner

Technically speaking, New Year’s Eve isn’t the worst when it comes to drunk driving. But after the clock strikes midnight – watch out.

The Insurance Institute for Highway Safety reports that half of all deadly car accidents on New Year’s Day involve a motorist who was deemed drunk, which usually means having a blood-alcohol concentration of 0.08 or higher. The deadliest day of the year on our roads varies from year-to-year, but New Year’s Day is almost always in the top three. Research by the National Safety Council revealed that during the New Year’s holiday season in a recent five-year span, about 42 percent of traffic deaths were related to drunk driving. These figures include pedestrians who are struck by vehicles too. The fact that the holiday this year falls on a weekend could mean we’ll see even higher rates of personal injury and death on the roads.

For drunk driving accident victims, there may be several avenues of recovering compensation, depending on the circumstances. Continue reading ›

Avoiding Fort Myers Injury on New Year’s Eve

December 28, 2016 | Associates and Bruce L. Scheiner

For many people, celebrations on New Year’s Eve are among the most highly-anticipated. There is usually exceptional food, copious drink and great company.

But there is good reason our brave first responders and hospital emergency workers brace for the holiday every year. In the midst of all these parties, there is a spike in serious injuries and illnesses directly related to the revelry. A study published in the journal Social Science & Medicine analyzed some 60 million hospital death certificates over a 25-year stretch. What they found was that, on average, 42,325 more people than expected died during the two weeks between Christmas Day and New Year’s Day, with New Year’s Day having the highest fatality rate of any day of the year.

These reported incidents weren’t solely due to drunken driving accidents, but those certainly didn’t help. Even when people suffered from health-related ailments, authors speculated the death rates were higher during this time because people delayed seeking treatment due to the holidays. Continue reading ›

Piotrowski v. Menard, Inc. – Parking Lot Fall Highlights Injury Case Proof Standards

December 16, 2016 | Associates and Bruce L. Scheiner

Holiday shopping is seen by some as an enjoyable way to get into the seasonal spirit. Others view it as more of a stressful chore. But in both cases, it should be safe. Unfortunately, our Fort Myers injury attorneys have seen too many cases of holiday shoppers suffering some type of injury due to a failure by property owners, managers or employees to keep the site free of unreasonable hazards.

These dangers might include:

Perilously-stacked merchandise;
Slippery floors;
Poorly illuminated parking lots;
Broken stairs;
Uneven sidewalks;
Inadequate security;
Cluttered aisles.

These incidents can result in serious – and sometimes disabling – injuries to shoppers. Yes, customers do have a responsibility to be on the lookout for obvious dangers and to avoid them using reasonable care. But as part of a legal classification of visitors known as “business invitees,” shoppers are owed the highest duty of care under the law. That means property owners must not only avoid creating hazards and address them when they become known, but also to regularly inspect the site for them. Continue reading ›