South Florida Injury Lawyer Blog

A 55-year-old man has died in a Florida boating accident in the Gulf of Mexico. Richard Green, a New Port Richey man, was returning from a fishing expedition with friends when the engine of their boat quit.

The boaters tried to anchor the 22-foot fishing vessel but a large wave overturned it. Green and three others were thrown in the water. None of them were wearing life vests.

Although boating is an activity that takes place all year round in Florida, more boaters tend to populate the waters in the spring and summer. Unfortunately, vessel malfunction, negligent operation, boater inexperience, poor weather conditions, and rough waters have been known to turn an enjoyable expedition into a catastrophic one. Other common causes of Florida boating accidents include the vessel capsizing, speeding, boating collisions, falls overboard, and alcohol consumption.

According to the Florida Fish and Wildlife Conservation Commission, 85% of the 65 boating accident victims who died in the state in 2009 were adults. 73% of those who died were able swimmers. Florida law mandates that anyone riding a boat on state waters needs to have a United States Coast Guard-approved flotation device within easy access. On any vessel shorter than 26 feet, kids age 6 and under have to wear a life vest.

If you believe that a boating accident occurred because someone else was negligent or reckless, you should speak with an experienced Ft. Lauderdale boating accident law firm as soon as possible. Other boating-related accidents that can cause serious Miami personal injury:

• Jet ski accidents
• Parasailing accidents
• Kite surfing accidents
• Water skiing accidents
• Waverunner accidents
• Wind surfing accidents
• Tubing accidents
• Cruise ship accidents
• Diving accidents
• Drunk boating
• A vessel crashing into the dock

FWC investigating fatal boat accident, ABC Action News, April 16, 2011

Former Middleboro man dies in Florida boating accident, Enterprise News, April 19, 2011

Recent Drowning Highlights Risks for Boaters, The Ledger, April 22, 2011

Related Web Resources:
Florida Fish and Wildlife Conservation Commission

Florida Boating Regulations

US Coast Guard

More Blog Posts:
14-Year-Old Injured in Palm Beach County Boating Accident Has Part of Her Leg Amputated, South Florida Injury Lawyer Blog, February 8, 2011

Man Charged in Boating Accident that Injured Florida Diver, South Florida Injury Lawyer Blog, January 9, 2010

Fort Myers Man Dies in Boating Accident, Cause of Death Unknown, South Florida Injury Lawyer Blog, December 29, 2009

Continue reading " Man Dies in Florida Boating Accident After Engine Quits and Vessel Capsizes " »

Last year, our South Florida Injury Lawyer Blog reported on the death of a 35-year-old Miami woman who died after undergoing liposuction and butt enhancement surgery at Strax Rejuvenation and Aesthetics Institute. Now, the husband of Lidvian Zelaya says he plans to sue the cosmetic surgery chain for Broward County medical malpractice.

Zelaya died after the surgeon injected about two liters of fat, which he’d taken from her stomach, back, and sides, into her buttocks. According to the Miami injury lawyer of Osvaldo Vargas, that amount is too much fat to insert into a patient’s body when the procedure isn’t being done at a hospital. The attorney also contends that the surgeon, Dr. Roger Gordon, inserted the fat into Zelaya's muscle, which is a riskier way to do the procedure than injecting it beneath the skin.

The legal representative for Strax has said that fat embolisms are a known liposuction risk and that the dangers were revealed to Zelaya prior to the procedure. Zelaya reportedly then signed a waiver. However, her family believes that the medical decisions that were made during the procedure placed her at greater risk for complications than necessary.

Plastic Surgery Malpractice
As with any surgery, plastic surgeons must ensure that no mistakes occur that could cause serious injury, disfigurement, or death to a patient. It doesn’t matter whether the procedure is one done out of medical necessity or for personal reasons.

Risks involved with Buttock Enhancement Surgery:
• Infection
• Bleeding
• Asymmetrical appearance (if implants are involved)
• Scarring
• Anesthesia reaction
• Hematoma
• Seroma
• Poor Wound Healing

Blood flow blockage killed woman in liposuction at Strax in Lauderhill, autopsy says
Family blames doctor; Strax denies any fault, Sun-Sentinel, April 28, 2011

Clinic Sued Over Butt Enhancement Death, NBC Miami, April 29, 2011

Miami Woman Dies After Undergoing Lauderhill Plastic Surgery, South Florida Injury Lawyer Blog, December 31, 2010

Related Web Resources:
Rejuvenation and Aesthetics Institute in Lauderhill

10 Plastic Surgery Risks You Need to Know, Forbes

A jury has awarded the family of Brian R. Heikkila $2.8 million for his Florida motorcycle death. Heikkila, a Palm Coast resident, died on May 30, 2007 in a Daytona Beach traffic crash.

Per the family’s Florida wrongful death complaint, driver Michael T. Hemphill, who was in a Ford Mustang, failed to yield the right of way and struck Heikkila’s motorcycle. The plaintiffs accused Hemphill of negligence and sought damages for mental anguish, pain and suffering.

The Florida jury awarded the family $798,000 in economic damages and funeral costs. They also awarded $1 million to Heikkila’s 5-year-old daughter Ryleigh and $500,000 to each of his parents. The verdict for Heikkila’s daughter is double of what the plaintiffs requested.

South Florida Motorcycle Accidents
Motorcyclists are at greater risk of dying in a traffic crash than are motor vehicle occupants. As a matter of fact, the federal government said in 2007 that there are 37 times more motorcycle rider deaths than there are car accident fatalities. Miami motorcycle accident injuries can include traumatic brain injury, spinal cord injury, burn injuries, broken bones, internal injuries, severed limbs, and other serious injuries.

In sunny Florida, where so many riders take to the roads on their motorcyclists year round, it is important that both they and motor vehicle drivers exercise caution around each other so as to avoid becoming involved in a Palm Beach motorcycle crash.

Jury awards $2.8 million to biker's family, The Daytona Beach News Journal, March 30, 2011

Related Web Resources:
Motorcycles, Institutional Institute for Highway Safety

Motorcycle Safety Foundation, US Department of Transportation

More Blog Posts:
$5.3M Naples Wrongful Death Verdict Awarded to Family of Motorcyclist, South Florida Injury Lawyer Blog, January 21, 2011

Motorcyclist Dies in Hiahleah Gardens Car Accident, South Florida Injury Lawyer Blog, January 14, 2011

$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death, South Florida Injury Lawyer Blog, December 14, 2010

Continue reading " $2.8M Florida Motorcycle Accident Verdict Awarded In Rider’s Daytona Beach Wrongful Death " »

According to police, the Winter Haven man was “grabbing his head….. being disorderly,” which is why off-duty cops working at the amusement center approached him. They claim that he resisted violently.

A tussle ensued and one of the cops used a stun gun on Winter. It was then that he became unresponsive.

A rescue crew was called and Johnson was transported to the hospital where he was pronounced dead. The Medical Examiner has yet to announce his cause of death.

For now, the officers who were involved in Johnson’s arrest have been placed on administrative leave, which is standard procedure in this type of situation.

Taser Use
Our Palm Beach injury lawyers are always disturbed when we here of another injury or death resulting from Taser use. These handheld devices can emit jolts of up to 50,000 volts. Less lethal than guns, getting stunned by a Taser can be extremely painful and in some cases may result in serious injury and even death. People that are under the influence of drugs, have a heart condition, or are severely agitated are among those more prone to Taser injuries.

According to Amnesty International, over 300 people have died in the US in the last 10 years after they were Tasered. Also, other injuries can result. Just last year, the mother of one man filed a Taser lawsuit after her son fell after he was stunned, striking his head and sustaining a permanent traumatic brain injury that left him mentally and physically disabled.

It is important that police officers only use Tasers when necessary. Police officers can be held liable for Florida personal injury if they exercised excessive use of force or committed police brutality and someone got hurt or died as a result.

Tased man dies after scuffle with OPD at Universal Studios theater, Sun-Sentinel, April 22, 2011

Man dies after stun gun used in Florida, UPI, April 22, 2011

Mother sues police over stun-gun fall, Dispatch.com, December 1, 2010

Related Web Resources:
Universal CityWalk

Taser Abuse, Amnesty International

Continue reading " Florida Man Dies After Police Stun Him with Taser at Universal CityWalk " »

Lawmakers are considering a proposal that would cap noneconomic damages in Florida nursing home negligence-related wrongful death cases at $250,000. The bills, SB 1936 and HB 661, are making their way through the Florida Senate and House respectively. If passed, not only would the new law make it harder to sue negligent nursing homes but it would also make it harder for plaintiffs to obtain punitive damages. The House Civil Justice Subcommittee passed the measure earlier this month and the Florida Health Care Association, which represents nursing home owners, is pushing for the bill to pass.

Our Miami nursing home neglect and abuse lawyers believe that negligent nursing homes should pay victims and their families the maximum in damages possible over the harm that they have suffered. The Florida Justice Association, which represents trial attorneys, and AARP are against the bill. Meantime, according to Jacksonville.com, the nursing home industry believes that its money should go toward providing nursing care rather than defending itself against civil complaints. Many are worried that eliminating the threat of having to pay significant Florida wrongful death damages would allow negligent nursing homes to get away with not being held accountable.

The measure also only allows a plaintiff to sue the party that is licensed to operate the Florida nursing home. This means that if the owner or/and investor of the negligent assisted living facility is based out of state, they cannot be sued.

Our Palm beach nursing home abuse and neglect attorneys are appalled at the treatment and poor nursing care and medical our clients have received while living at a South Florida assisted living facility.

Legislators push to limit lawsuits against Florida nursing-home industry, Orlando Sentinel, April 8, 2011

Bill would protect Florida nursing homes in lawsuits, Jacksonville.com, April 4, 2011

Related Web Resources:
AARP

Florida Justice Association

Florida Health Care Association

House Civil Justice Subcommittee

More Blog Posts:
Florida Nursing Home Neglect?: Maggots Found in 76-Year-Old Patient at Assisted Living Facility with Palm Beach County Ties, South Florida Injury Lawyer Blog, September 14, 2010

Florida Pediatrician Says Neglect Led to 12-Year-Old Miami-Dade Nursing Home Resident's Burn Injuries, South Florida Injury Lawyer Blog, October 28, 2011

Continue reading " Bill Seeks to Cap Florida Nursing Home Negligence Damages Over Wrongful Deaths " »

A South Florida man is suing the Archdiocese of Miami, Archbishop Thomas Wenski, the Dominican Sisters of Adrian, Michigan, and St. James Catholic School for Miami-Dade County personal injury because he says he was sexually abused by a nun. John Doe No. 73, who is from Broward County, claims he was molested Sister Joan Marie, who taught him when he was a first grader at St. James Catholic School in North Miami.

In his Miami sexual abuse complaint, the plaintiff contends that she would call him to the front of lines and rub his body, including his genitals. He says that she sexually abused him twice a week from 1978 to 1979. John Doe, 38, says he decided to file a lawsuit now because his son is going into the fifth grade.

John Doe’s attorney says that the Miami Archdiocese and the Dominican Sisters should have known or knew that the nun was a sexual predator. The plaintiff says that he suffered mental, physical, and emotional injuries that were “severe and permanent” and he experienced humiliation and shame. As a result of his Miami personal injuries, he contends that he has not been able to live a “normal life.”

Sexual Abuse
Sexual abuse may leave lasting emotional scars that can severely impact the victim’s life long after it happened. Sexual trauma can cause a person to develop drug or alcohol addictions, eating disorders, intimacy and relationship issues, sexual issues, low self-esteem, trust issues, depression, suicidal tendencies, and other serious problems. Even with counseling, the trauma of being a victim of sexual abuse can have a lasting effect.

Lawsuit Claims Sex Abuse by Miami Nun, NBC Miami, April 14, 2011

Nun sexually abused me, man claims in lawsuit, Miami Herald, April 13, 2011

Related Web Resources:
Archdiocese of Miami

Adrian Dominican Sisters of Adrian, Michigan

More Blog Posts:
Miami-Dade Sex Abuse Lawsuit Names Retired Catholic Priest, South Florida Injury Lawyer, February 24, 2011

South Florida Sex Abuse Lawsuit Seeks $5 Million from Archdiocese of Miami, South Florida Injury Lawyer, October 26, 2010

Miami Archdiocese Settles Sex Abuse Lawsuit Involving Teen and Catholic Church Youth Minister, South Florida Injury Lawyer, October 23, 2008

14-year-old Katie Ewing was injured lat week when she fell nearly three stories down a freight-elevator shaft at the Millennium Mall on Hollywood Boulevard. The Broward County elevator fall accident happened last Monday while Ewing and several friends were playing tag at the mall, which has been closed for a number of years.

Following the Hollywood, Florida injury accident, Ewing was admitted to Joe DiMaggio Children’s Hospital as a trauma alert patient. In the SunSentinel, Hollywood Fire Rescue Division Chief Mark Steele is quoted as saying that Ewing fell 30 feet during the accident, but that she is out of the ICU and appears to be recovering nicely.

According to police, the teenagers scaled a wall to enter the mall through an open door. The mall owner has complied with city codes so that trespassers stay out.

Elevator Falls
The Consumer Product Safety Commission reports that around 10,000 people are involved in elevator accidents each year. Common causes of elevator accidents:

• Falls through exposed elevator shafts
• Elevator malfunction
• Improper leveling, which prevents an elevator from lining up with the floor
• Electrocution from faulty wiring
• Getting stuck between the side wall and the elevator
• Asphyxiation from being trapped in an elevator for too long

Premise owners or service companies responsible for maintaining an elevator are among the parties that could be held liable for injuries from a South Florida elevator accident.

Teen survives fall down elevator shaft at shuttered mall in Hollywood, SunSentinel, April 5, 2011

Teen girl injured at shuttered mall, Miami Herald, April 5, 2011

Related Web Resources:
Elevator Accidents, Florida Department of Business and Professional Regulation

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Inadequate Security Alleged in Broward County Injury Lawsuit of Teen Left with Brain Damage After Beating at Deerfield School, South Florida Injury Lawyer Blog, January 27, 2011

$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS, South Florida Injury Lawyer Blog, January 24, 2011

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers, South Florida Injury Lawyer Blog, December 28, 2010

Continue reading " 14-Year-Old Injured in Hollywood, Florida Elevator Fall Accident at Millennium Mall " »

The family of David “DJ” James is suing Trevor Dooley for Florida wrongful death. Dooley is accused of shooting James in front of his 8-year-old daughter Danielle on a neighborhood basketball court. The lawsuit was filed after mediation efforts to resolve the case failed.

According to the Florida wrongful death complaint, Dooley shot James on September 26, 2010 after the two men got into an argument over a skateboarder who was on the court. Police say that Dooley, 69, did not agree with James giving the 14-year-old skater permission to be there, and he came out of his house with firearm in hand. Investigators say that James went toward Dooley to keep the gun away from the kids and that was when it went off. James’ family is seeking unspecified damages.

Unfortunately, altercations can occur between people resulting in serious injuries or death. Even if no one intended for the disagreement to escalate, if someone got hurt as a result, then the person that inflicted the harm—whether accidentally or not—could end up behind bars for committing the crime. Also, depending on the circumstances surrounding the incident, he/she could be sued for Florida wrongful death.

In Florida, families may be able to recover damages for loss of protection, companionship, and care, medical expenses related to the death, funeral, cremation, or burial expenses, pain and suffering, mental trauma, loss of current and future income, and punitive damages.

Miami Wrongful Death
It is important that you speak with an experienced injury attorney to determine whether you have grounds for a Miami wrongful death case.

Wrongful death suit filed against Trevor Dooley, 10 News, March 21, 2011

Wrongful death suit filed in Valrico basketball court shooting, Tampa Bay, March 21, 2011

Related Web Resources:
Florida Statutes

Wrongful Death, Nolo

More Blog Posts:
Family of Deceased UCF Football Player Can Seek Punitive Damages in their Florida Wrongful Death Lawsuit Against the University, South Florida Injury Lawyer Blog, March 31, 2011

Family Preparing Broward County Wrongful Death Lawsuit in Fatal Shooting at Deerfield Country Club, South Florida Injury Lawyer Blog, March 21, 2011

Space Coast Area Transit Sued for Florida Wrongful Death Lawsuit After Bus Driver Left Pastor Who Had Just Undergone Dialysis Unattended, South Florida Injury Lawyer Blog, March 15, 2011

Richard Weinstein is suing his employer, the city of Delray Beach, for the Palm Beach County wrongful death of his son Jason Weinstein. The 26-year-old drowned on September 5, 2008 while surfing at Atlantic Dunes Park.

Now, Richard and his family are contending that Jason, who was the victim of a rip current, might not have died that day were it not for the city’s negligence, including the:

• Failure of its lifeguards to warn of rip currents.
• Inadequately trained lifeguards—one of the two who were there at the time was surfing.
• Not enough lifeguards on duty.
• Delayed response of lifeguards by “a critical three minutes.”
• Three of the city’s six rescue units were out of service when the Delray Beach drowning accident happened.
• When attempting to get help, the lifeguard supervisor mistakenly called the water department.
• The lifeguard who called for help accessed the wrong channel and did not push the emergency call button.

The city of Delray Beach is disputing the lawsuit and says that Jason died because of his own negligence. The defendant contends that Jason was in violation of beach rules because he was over 50 yards offshore and not in the lifeguard patrolling area. Also, the city claims that there was a red flag up to warn of rip currents.

With so many people taking to the different bodies of water in sunny Florida, drowning accidents can occur, which is why those responsible for pools, hot tubs, beaches, and other swimming areas frequented by visitors need to ensure that all safety measures are implemented to decrease the chances of Palm Beach personal injury or wrongful death.

More than 3,000 people are killed in drowning accidents each year. Near drowning incidents can cause brain damage that can lead to serious and permanent disabilities and impairments.

Depending on the specifics of the Florida drowning accident, the owner of the property where a drowning accident can be held liable for Palm Beach County premises liability or wrongful death.

Family sues Delray over death of son who was surfing at city beach, Palm Beach Post, April 8, 2011

Unintentional Drowning: Fact Sheet, Centers for Disease Control and Prevention

Related Web Resources:
Atlantic Dunes Park

Delray Beach