Fort Lauderdale Injury Lawyer Blog

In 2006, former Fort Lauderdale Police Officer, Alexander Griss, while driving his cruiser over 90 mph hit and killed a woman. He was not responding to a call, nor was he even on duty.

Griss was fired from the Fort Lauderdale Police Department and his trial has begun for the vehicular homocide of the woman that died in the accident. If convicted, Griss faces a maximum penalty of 15 years in prison.

The woman of Lauderdale Lakes, was struck by the cruiser at Southeast 21st Street and Federal Highway in the early morning on June 19, 2006. She was propelled over 100 feet. The police car had jumped a concrete median crossed into the opposite traffic and came to rest in a field. The black box from the cruiser revealed that it was going about 90 mph in a 40 mph zone.

The Fort Lauderdale Police Department's internal investigation found that he frequently operated his cruiser at excessive speeds while working and off-duty. In the month prior to the accident, Griss drove over 90 mph at least 90 times on various according to the investigation.

The Fort Lauderdale Police Department may also be exposed to civil liability as the owner of the car involved in the accident. Given Griss' apparent propensity for speeding, there may also have been some negligence in his hiring, retention and supervision. Currently, Florida's sovereign immunity law applies which would limit damages to $100,000, possibly $200,000 absent a claims bill.

Continue reading "Ex Fort Lauderdale Cop on trial for vehicular homocide" »

The Sooner the Better.

It is important to remember that time is of essence. The longer you wait, the more likely it becomes that critical evidence will no longer be available -- witnesses' memories fade and the opportunity to take photographs may be gone. Conditions at the scene of the accident, evidence of the property damage, injuries, and other relevant evidence can change or even disappear.

Personal injury cases and wrongful death cases have important deadlines in which to file a lawsuit called "statutes of limitations." If your claim is not filed within the statute of limitations, it may be forever barred! The sooner you e-mail or call us at The Ben Law Firm, the sooner we can assess the scope of your claim and and begin processing your case. Unfortunately, by the time many accident victims decide to consult a lawyer, much of the evidence available right after the accident occured is no longer around or the statute of limitations may have run.

Report the Accident.

Call 911. Report the incident to the police or the property owner as soon as possible. If you were involved in a motor vehicle accident, you should immediately notify the police. In car accidents, this may be necessary to prove the identity of the owners and the drivers of the vehicles involved, to document the names and addresses of the witnesses and any contributing road conditions. Automobile insurers often require a copy of the accident report before they will pay for any property damage.

If you were involved in a fall or other type of accident, it is important to report the incident to the commercial establishment or property owner as soon as possible so that the the accident is properly documented.

Although many insurance policies require their policy holders to report the accident to the insurance company, it is important to remember that the insurance company is not on your side. You should not give any statements or sign any papers without first consulting with your attorney.

Call your Attorney.

In addition to calling 911 and promptly seeking medical attention, the most important thing you can do after being injured in an accident is to contact an experienced personal injury lawyer. The Ben Law Firm is available 24 hours a day, 7 days a week, at (888) 3Ben-Law or by email at Injured.com, your on-line legal resource.

Obtain Witness Information.

Once you leave the accident scene, it can be difficult, if not impossible to locate the witnesses, even for an experienced private investigator. If you are able, you should try to get the name, address, and telephone number of every witness. If applicable, obtain information of any employees who may have witnessed the incident.

Take Photographs.

People recently involved in accidents often forget that their cell phone has a camera and maybe a video recorder. If possible, you should take pictures of the vehicles (such as the damage and final rest location of the cars), road conditions, conditions of the premises, conditions of the defective product and the extent of your injuries. Much of this evidence will not be available when you contact an attorney. "A picture is worth a thousand words."

Make Sure the Medical Records are Complete.

When you are at the hospital or treating with your doctor, it is important to remember that your medical records will be evidence of the damages in your case. You should provide the health care provider with a complete history of the accident, including the date it occured, and describe in detail the pain or other symptoms you were and are experiencing. Thorough medical records will probably be the strongest evidence of your injuries. If you do not provide a history of the accident or fail to tell your doctor about all of your injuries, the insurance company can use this as a basis to deny all or a part of your claim.

Preserve the Evidence.

Whether you were injured in an auto accident or other serious accident, any evidence you maintain can help your case. Keep your shoes, if you were injured in a slip and fall. If you were hurt by a defective product, keep the product or take pictures of the product. If you were injured in a car crash, keep the vehicle, take pictures of the damage, and keep copies of the receipts for any repair work. Write down everything you can remember: Memories will fade over time. You should write down everything you can remember about the accident, ranging from how the accident occurred to what the conditions of the road or surrounding area were.

If you have any questions, contact us at The Ben Law Firm. We are available to help.

Whether you were injured in Florida or somewhere else, The Ben Law Firm is committed to helping you obtain the best legal representation available. Even if the accident occurred in another state or country, we can refer you to a competent attorney in that area. Remember -- we will not charge you for consulting with us.

The State of Florida has the highest drowning death rate in the US for children ages 1-4 years (8.9/100,000) and during 1999-2003 recorded 356 unintentional drowning deaths among children in this age group according to the Florida Department of Health.

According to the Consumer Product Safety Commission, pool drownings for young children have increased dramatically. Nationwide, an average of about 300 children under 5 years old drowned in pools nationwide annually. Most of these deaths occurred in the summer months. Drowning is the second leading cause of death to young children after motor vehicle incidents. Another 2,700 children are treated in hospital emergency rooms each year for near-drowning incidents. Most of these cases involve residential pools.

Unfortunately, these tragedies can, and do occur all too quickly -- many times before parents and caretakers are even aware that their toddlers are no longer in the house. Whenever a pool is nearby, constant adult supervision is vital. Even if a young child has been taught to swim, it is still necessary for an adult to be watching.

The key to preventing these tragedies is to have multiple levels of protection. This includes placing barriers around your pool to prevent access, using alarms on doors that access the pool, installing child proof locks on all doors leading to the pool and being prepared in case of an emergency. The Consumer Product Safety Commission has specific recommendations to reduce the incidence of childhood drownings.

Pool drowning cases present unique issues for attorneys representing parents. Frequently, they involve death or brain damage to the child. Although others may be responsible for their child's drowning, most parents tend to experience feelings of guilt. Accordingly, these cases need to be handled in a manner designed to minimize the trauma to the family and to provide closure.

Continue reading "Florida has the highest pool drowning death rate for children." »

Even the best "driver" in the world can land in the rough.

Tiger Woods, considered to be the top professional golfer in the world today, was treated and released from a hospital in Orlando after suffering minor injuries in a single car accident early Friday, November 27, near his expensive home in Windermere, Florida.

Woods pulled out of his driveway in a 2009 Cadillac SUV and struck a fire hydrant, then a tree, according to a report from the Florida highway patrol in the Orlando area.

Florida highway patrol troopers plan to talk to pro golfer Tiger Woods on Saturday, November 28, to get more information about his car crash near his home. The troopers tried to speak to Woods on Friday as part of their routine car accident investigation, but his wife said he was sleeping, a spokeswoman for the Florida highway patrol said.

The accident occurred about 2:25 a.m. in Windermere, a suburb of Orlando. Two Windermere police officers, who were the first to arrive stated:

"There was Tiger Woods laying on the ground in front of the vehicle with his wife over him rendering first aid," he told reporters.

"He was in and out of consciousness with lacerations to his upper and lower lip," Saylor said. "He was mumbling but didn't say anything coherent."

Woods' wife, Elin Nordegren, told the police she was inside the house when she heard the accident. She said she went outside and used a golf club (presumably a Nike) to break out the rear window of the vehicle, then pulled him from the Cadillac.

"According to the officers, yes, she was very upset," he said in response to a question.

Despite damage to the front end of the SUV, it was drivable, but was towed. Troopers didn't take pictures of the scene.

Woods was set to host and play the Chevron World Challenge on Monday at Sherwood Country Club in Thousand Oaks, California. Woods has won the tournament -- which helps raise money for Tiger Woods Foundation programs -- four times.

No matter how good of a driver you think you are, stuff like this happens. That is why it is important to always wear your seatbelt. Even in single car accidents, Florida insurance allows you to recover a portion of your medical bills and lost wages if you have PIP insurance. Also, under certain circumstances, where another unidentified car is involved which left the scene, you also may be able to recover for your injuries if you have elected to purchase uninsured motorist coverage.

Continue reading "Tiger Woods injured in Florida car accident" »

The question of brain injury resulting from concussions, which has for years been seen in victims of car accidents, has now become an issue for the National Football League. Even professional athletes wearing helmets are capable of sustaining a concussion resulting in brain damage.

Two members of National Football League's medical committee studying the effects of concussions recently quit after the players' union complained about their bias toward minimizing the impact of these types of injuries to the brain.

The NFL, according to a recent memo, is looking into modifications to rules and equipment to reduce head injuries. Teams are now required to hire independent neurologists who must concur with a team physician's decision to allow a player to return to the field after a concussion.

Last month the U.S. House Judiciary Committee held a hearing on head injuries in football, with Goodell and players' union Executive Director DeMaurice Smith among those testifying. Smith told Congress that the NFL ignored a decade of research showing a connection between on-field injury and post-career mental illness.

Pittsburgh Steelers all-pro quarterback Ben Roethlisberger is a recent example of the increasing attention paid to concussions. Roethlisberger is now feeling better and without symptoms after sustaining a mild concussion in the November 22 loss to the Kansas City Chiefs. He is expected to play November 29 against the Baltimore Ravens according to coach Mike Tomlin. Since 2006, Roethlisberger had three other concussions. "The battery of tests that he took showed that he showed no symptoms," Tomlin stated. "We'll continue to monitor his condition and where he is on a day-to-day basis and let that guide our decision-making."

With professional players becoming bigger, stronger and faster, violent collisions in football are occurring with ever more frequency. In the past, the NFL has tried to downplay the brain damage that can result to players from concussions. However, there have been a number of documented instances of former NFL players who developed symptoms of brain damage after sustaining concussions during their playing days. The NFL Players Association has taken up this cause of brain injury resulting from concussions, forcing the league to respond. The resignation of the two members on the committe is the just initial response by the league. Expect to see rule changes increasing the penalties to players who deliver blows to the head.

This issue of brain injuries resulting from concussions to professional football players, brings us back to the damage that can result to people in car accidents who suffer concussions. In the right type of impact, the trauma to an accident's victim head can be similar to that sustained in football and this person is not even wearing a helment. It is important following any accident where there is a trauma to the head, automobile or otherwise, that the injured person follow up with the appropriate medical treatment which may include CAT scans of the head.

Continue reading "Brain Injury from Concussions now a Priority with NFL" »

The Florida Highway Patrol has issued a warning to motorists: The Florida Highway Patrol will remain on high alert during this holiday weekend. Even troopers ordinarily assigned to administrative duty will be on road patrol.

The Thanksgiving holiday period has been traditionally been one of the deadliest times of the year. Drivers and Dade and Broward Counties can expect to see their share of drunken motorists, speeders and aggressive drivers. As a result of economic recession that we have been experiencing, some travelers are opting to drove rather than fly. AAA predicts that, nationwide, the number of drivers going more than 50 miles from home by automobile will increase 2.1 percent to 33.2 million.

There were more fatalities -- 52 -- during the five-day Thanksgiving break than for any other holiday in 2008. New Year's Day was second with 42 deaths. About half of 2008's Thanksgiving-break deaths were alcohol-related.

Troopers also will be on the lookout for drivers who are not properly fastening their children in safety seats or seat belts.

Continue reading "Heavy car traffic during holidays increases accidents on Florida's roads." »

A massive recall of 2.1 million cribs in the United States and Canada has been announced by federal regulators and a Canadian company because of the risk of suffocation and fall.

The U.S. Consumer Product Safety Commission (CPSC), in conjuction with Stork Craft Manufacturing Inc. of British Columbia announced the recall of Stork Craft drop-side cribs made in Canada, China and Indonesia. Some of the Stork Craft drop-side cribs bare the Fisher-Price logo.

The CPSC has issued an advisory to parents and caregivers to immediately stop using the recalled cribs, wait for the free repair kit, and do not attempt to fix the cribs without the kit. In the meantime, parents should seek a new bed for their baby. Consumers are instructed to contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side.

According to the CPSC, the drop-side plastic hardware is defective and can break. Also, the drop-side can accidentally be installed upside-down, which can result in broken or disengaged plastic parts. Government regulators said that these defects may result in the drop-side becoming detached. This can create a space between the drop-side of the crib and the mattress. Infants and toddlers can become trapped in that space, possibly leading to suffocation. If the drop sides complete detach, babies can fall out of the crib.

The recall affects Stork Craft drop-side cribs and Stork Craft drop-side cribs with the Fisher-Price logo and that have plastic trigger and one-hand-system drop-side hardware.

•Stork Craft drop-side cribs manufacturing and distribution dates: Between January 1993 and October 2009.
•Stork Craft cribs with the Fisher-Price logo manufacturing dates: Between October 1997 and December 2004.

The following stores sold the recalled cribs from January 1993 through October 2009 for between $100 and $400:

•BJ's Wholesale Club
•J.C. Penney
•Kmart
•Meijer
•Sears
•USA Baby
•Wal-Mart
•Amazon.com
•Babiesrus.com
•Costco.com
•Target.com
•Walmart.com

For more information on Crib Safety, visit CPSC's Crib Information Center.

In these difficult economic times, a number of parents have purchased used cribs. Often times, these purchasers do not know the store that it was purchased from or the manufacturer. If you have purchased a used crib (or even a new one) it is absolutely critical that you immediately examine the crib to determine if it is within the recall. When your child's safety is concerned, you cannot be too careful!

Continue reading "Massive Crib Recall Announced" »

More and more, we hear about serious automobile accidents involving drivers who are texting with their cellphones.

One such accident involved Manny Mejia of Lakeland, Florida, who had dreams of becoming a professional boxer. Those dreams were crushed when he was hit by a car while dumping a can of trash into his garbage truck.

"My legs just got taken off right there and I remember rolling off the hood of the car into the driveway on the side of the road and I looked down and both of my legs were like crushed. They were already amputated right there," explained Mejia

The driver of the car, Stephen Horne was texting while driving. Horne faces up to five years in prison for reckless driving.

Polls show that the overwhelming percentage or drivers realize that it is dangerous and want the government to do something about it. Nevertheless, people still continue to text while they drive. A number of states have banned texting while driving, but Florida is not one of them.

Recognizing the issue, Governor Charlie Crist has requested the state legislature to take up the issue of texting while driving in the 2010 legislative session. A number of bills have been filed this year in Florida that would govern texting while driving. One such bill previously died in legislative committee last year.

"It's important that we do everything we can to make sure our fellow Floridians are safe and you know we've seen over and over again these videos of people whether they're on a train or somewhere else, that have been texting while driving and the obvious danger of it is absurd," according to Governor Crist.

Heather's Law is currently pending in Tallahassee. Heather Hurd, after whom the bill was named, was killed on her way to meet her parents at her wedding planner's office in Eastern Polk County. Before Heather could arrive, a semi truck slammed into the back of her car. Police say the driver had been texting. Heather's Law would ban the use of cellular phones while driving without a headset or hands free.

Driving while using a cellular phone is something most of us have done at one time or another. We need to be cognizant that simply using the phone has the potential to distract our driving and could result in serious consequences. Texting while driving, although some studies may indicate otherwise, seems to be present much more of a hazzard and should be outlawed. It is about time that our legislators in Tallahassee put our driving safety ahead of the interests of the telecommunications industry. They need to pass legislation which bans texting while driving during the next session. If not, we will continue to hear more and more about the tragedies which this will cause.

Continue reading "Texting while Driving should be Banned in Florida " »

A photographer reportedly cut off actor, Brad Pitt, on his motorcyle in Los Angeles on Saturday, October 24, 2009, which apparently led the actor to lose control on his bike and crash into the car in front of him. Pitt then fell off his bike.

Fortunately, Pitt, who was riding a brand new motorcycle, was unharmed. Not surprisingly, he had a few choice words for the at-fault driver.

In Florida, particularly in Dade and Broward Counties, motorcycle accidents are an all too common occurence. South Forida motorists aren't paying enough attention to their driving and simply fail to see motorcycles. Some drivers (a very small minority) harbor some bias against motorcycle riders because of a prior experience they may have had in the past with a motorcylist speeding or they don't like the noise from their mufflers. In any event, given today's climate, if you ride a motorcycle, you need to be extremely attentive to the vehicles surrounding you on the road.

As most people who ride motorcycles know, there is no such thing as a minor accident. If your bike hits the pavement, you are lucky to walk away. Most riders however, sustain broken bones along with a bad case of "road rash," if not worse. A lot of times the motorists fail to have automobile insurance which would cover the riders injured by their negligence. It is for this reason, that each motorcylist should speak to their insurance agent about buying uninsured motorist coverage to insure their motorcyle. Uninsured motorist coverage will provide insurance in the event that the at-fault motorist has no insurance coverage or not enough to cover your damages.

We realize that purchasing uninsured motorist coverage for your motorcycle is an additional expense that may be tough to pay, particularly in this economy. Nevertheless, all too many times, it is necessary for motorcyle riders to protect themselves from the consequences of an uninsured driver of a car or truck. If you do not have uninsured motorist coverage on your motorcycle, you need to very seriously consider laying out the extra bucks and purchasing this.

Continue reading "Motorcycle Accident involving actor, Brad Pitt" »

The Florida Highway Patrol is attempting to identify the remains of an SUV driver killed yesterday in a fiery three-vehicle crash on Interstate 95.

Six other people were also involved in the crash, which occurred on I-95 southbound near the Pembroke Road exit in Hollywood, Florida.

Troopers says a 2000 Cadillac Escalade sideswiped two vehicles, sped off and hit a Ford Taurus moments later. The Escalade then struck a 1998 Ford Expedition stopped in the emergency lanes, and both vehicles burst into flames.

The Expedition's driver died at the scene. The remains of the driver were so charred that dental records may be needed to identify the person.

The injured persons were taken to Memorial Regional Hospital in Hollywood in serious to critical condition Tuesday, officials said.

The Florida Highway Patrol is investigating whether alcohol or speeding played a part in the crash, which stopped traffic on the highway for five hours.

Under Florida law, a driver who causes an accident while operating his car under the influence of alcohol or a narcotic may be exposed to punitive damages. Punitive damages are additional damages imposed on a defendant for conduct that is either willful or grossly negligent, such as DUI. They are intended to teach the defendant a lesson. Frequently punitive damages exceed the amount of actual damages sustained by the plaintiff.

Continue reading "Burning Death Car Accident in Hollywood, Florida, Investigated" »