Orlando Injury Lawyer Blog

Now people involved in a Florida injury or accident can protect themselves from insurance company adjusters. The Florida Injury Book, Seeking Justice: An Insider's Guide for the Injured. details the five most common mistakes people make after an accident. It also provides a solid method for injured people to find the right lawyer. For anyone injured in Florida, a Free copy of this book can be a great place to start.

Out of the 80,000 Florida lawyers- only 2 percent are certified as specialists in civil trial law, which includes accidents and injury. Everyone should understand that accident and injury cases have many complex issues that lawyers who do not specialize may not be aware of. Unfortunately, if a lawyer does not know the important issues involved in accident and injury cases, it is the client who will suffer.

Many people have asked why we are giving away such a valuable book. Well, we believe that people deserve to be treated fairly. Over the past 20 years, we have seen too many decent, honest people taken advantage of after an accident. This book gives injured people a fighting chance right from the start-Before it is too late.

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Orlando hotels and resorts offer wonderful accommodations and amenities. Unfortunately, as Orlando injury lawyers, we have seen preventable injury occurring at Orlando hotels and resorts.

Many times these injury claims involve trip and fall or slip and fall hazards. For example, when hotel guests are walking along sidewalks or walkways, they have a right to a level, even and non-slippery surface. Yet, we have Orlando hotels and resorts with floor surfaces, sidewalks and parking lots that are broken, uneven and slippery.

While no one can guarantee that trip and falls, or slip and falls will not happen, a hotel or resort can provide safe pedestrian areas to prevent avoidable injury. In many cases, it is important to obtain photographs of the scene of the fall. Unsuspecting injury victims who trust the hotel or resort to “do the right thing,” may be surprised when the dangerous condition is corrected and the owner or operator denies responsibility. In one premises liability case, water had accumulated on the tile floor and caused our client to slip and fall. A family member wisely took photos and prevented the owner from later denying the existence of water on the floor.

Most people are honest, hardworking and simply want to be treated fairly. Sadly, Orlando hotels and resorts do not always do so when injury results from their carelessness. Fortunately, Florida law has permitted us to assist many Orlando injury victims when dangerous floor surfaces, walkways or parking lots have caused preventable harm. To help those who have been injured, we continue to make available a free copy of the Florida Accident & Injury Book, Seeking Justice.

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Theme parks and amusement parks, including Walt Disney World and Universal Studios Orlando are great places for the family. Unfortunately, while these theme parks offer a variety of attractions and amusements, they also present hidden dangers to unsuspecting visitors. As Orlando injury lawyers we have represented many innocent visitors who suffered serious injury at Walt Disney World and Universal Studios Orlando.

While the details of each theme park injury differ, there are some similarities we have seen. For example, the amusement parks and resorts of Walt Disney World and Universal Studios Orlando attract large crowds of visitors. This increases the need for workers to reasonably ensure the premises remain safe and secure. With efforts to increase profits, corporations have a tendency to lay-off workers and may not provide sufficient coverage for its guests.

Another similarity in theme park injury cases is that the visitors are often distracted. Disney World and Universal Studios Orlando are famous for awesome creations, parades and fireworks display. These displays and attractions are meant to captivate their audiences. Therefore, it is important for pedestrian areas and walkways to take this into consideration. Too many times we have seen injury and accidents due to theme park distractions and crowds.

Walt Disney World and Universal Studios Orlando will always be fun places to visit. We hope that each will remember that their guests assume they have done all they should to make their visit a safe one.

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Posted In: Amusement Park & Theme Park Injury

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The U.S. Supreme Court ruled against the drugmaker Wyeth holding that pharmaceutical companies can be held liable for harm from medicines that carry warnings approved by federal regulators. As Orlando injury lawyers, we applaud this decision and support the important battle to hold the giant drugmakers accountable for the harm they cause innocent people.

By a 6-to-3 vote in a major defeat for the pharmaceutical industry, the high court ruled that U.S. Food and Drug Administration labeling approvals do not pre-empt state laws and shield companies from damages as part of liability claims.

A Vermont jury awarded $7 million in legal damages to a guitarist, Diana Levine. Part of her arm had to be amputated after she was improperly injected with the anti-nausea drug Phenergan made by Wyeth as part of treatment for a migraine.

"The question we must decide is whether the FDA's approvals provide Wyeth with a complete defense to Levine's tort claims. We conclude that they do not," Justice John Paul Stevens concluded in the court's majority opinion. The court also rejected the argument that Levine's claims were pre-empted because it was impossible for Wyeth to comply with both state law and federal labeling requirements.

The court found that Wyeth could have unilaterally added a stronger warning about the IV-push administration used with Levine, and there is no evidence the FDA would have rejected the change. Under federal law and FDA regulations, the manufacturer bears responsibility for the content of its label at all times, Stevens said in the 26-page opinion.

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Gentamicin can completely or partially destroy the inner ear, or vestibular system. It is this destruction that leads, directly or indirectly, to most of the symptoms of gentamicin poisoning. Gentamicin can also cause kidney damage. As Orlando medical malpractice lawyers, we have seen terrible cases of gentamicin poisoning. Indeed, in one gentamicin poisoning case tried in Orlando, we obtained one of the largest verdicts in the United States.

The most common symptoms of gentamicin poisoning are ringing or hissing in the ears (tinnitus); bouncing vision (oscillopsia); difficulty with balance or walking; a sensation that the room is spinning (vertigo); and nausea. Individuals receiving gentamicin should be aware of these potential symptoms, so that they may report them to their healthcare providers immediately.

Sadly, physicians and nurses often dismiss complaints of “feeling dizzy” in gentamicin patients who are bed-bound to a condition known as orthostatic hypotension. Orthostatic hypotension is feeling faint when getting up from a lying position. It is due to blood pooling in the legs. Feeling faint, or being close to losing consciousness, is different than feeling dizzy, where the room spins, or where it is hard to keep balance when walking.

After leaving the hospital or being released by the home healthcare agency, the symptoms of gentamicin poisoning continue. Additionally, individuals often begin to suffer mental confusion, difficulty with short-term memory, and tiredness. In many cases, gentamicin poisoning and injury were caused by negligence on the part of a doctor, hospital, home health agency and/or pharmacist. That is why we will continue to seek just results for individuals who needlessly suffer from gentamicin poisoning and injury.

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Posted In: Medical Malpractice

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Orlando premium malls, outlets and stores are wonderful places to shop. Tourists and guests to Orlando amusement and theme parks find them a pleasant surprise while in central Florida. Unfortunately, as Orlando injury lawyers, we have seen increasing numbers of avoidable injury claims involving local malls and retail stores.

Many times these injury claims involve trip and fall hazards. For example, when shoppers are walking along sidewalks or pedestrian walkways, they have a right to a level, even and non-slippery surface. Yet, we have Orlando malls and stores with parking lots and sidewalks that are broken, uneven and slippery.

While no one can guarantee that trip and falls, or slip and falls will not happen, a mall or outlet store can provide safe pedestrian areas to prevent avoidable injury. In many of our cases, it is important to obtain photographs of the scene of the fall. Unsuspecting injury victims who trust the mall or store to “do the right thing,” may be surprised when the dangerous sidewalk or pathway is repaired and the owner or operator denies responsibility.

Most people are decent, hardworking and simply want to be treated fairly. Sadly, malls, stores and outlets do not always do so when injury results from their carelessness. Fortunately, Florida law has permitted us to assist many Orlando injury victims when dangerous sidewalks, walkways or parking lots have caused preventable harm. To help those who have been injured, we continue to make available a free copy of the Florida Accident & Injury Book, Seeking Justice.

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Orlando swimming pool drowning and injury at hotels, resorts and homes continue. As Orlando injury lawyers, we have seen preventable episodes of drowning, near drowning and injury locally and across the country. Sadly, hotels, resorts and home owners often fail to take simple steps that would have reduced or eliminated the risk of drowning or injury.

Every year 300 children die by drowning in a swimming pool and 2,000 children are hospitalized. Drowning is also one of the leading causes of death to children under the age of five. Many times these tragedies involve the failure to provide inexpensive safety devices. While pool fences and secure gates and locks are a must, simple warning devices can also be used to sound off if a little one unexpectedly enters the water. Ensuring that the area surrounding the swimming pool is clear can prevent prevent trip and falls into the pool.

Orlando hotels and resorts must comply with regulations and standards that mandate how a pool is designed, what safety and rescue equipment is available and what signs and warnings must be posted. While all of this appears to be common sense too many hotels and resorts try to cut corners on safety. Yet, when it involves swimming pools, the risk of injury or death from drowning demands proper safeguards.

We represented a family who attended a July 4th celebration at a major hotel chain. The hotel failed to ensure the proper safety equipment was in place. The hotel also failed to hire a lifeguard despite having large crowds, food and entertainment at their swimming pool. In all the chaos, the family thought they were still watching their child when, in fact, she had slipped into the deep end.

While no one can guarantee that swimming pool injury and accidents will not happen, it is important that those in charge do what can be done to mimimize the risk of serious injury or death. Too many times we see local news coverage reporting on another drowning. More needs to be done-the sooner the better.

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Injury lawyers are not all the same. Like plumbers, painters and surgeons, some Orlando injury lawyers get better results than others. Unfortunately, with all those tv lawyers and slick lawyer advertising, we continue to have many people seek our help after another lawyer has let them down. Sadly, we can not always undo the harm caused by inexperienced lawyers.

My partner, Walter Ward, a medical doctor and lawyer has helped many Orlando injury clients understand both the medical and legal issues involved in their case. We also involve our staff nurse, Cindy Nixon from the very first meeting with prospective injury clients. As a critical care, registered nurse, Cindy manages the medical information, stays in close contact with our clients and assists with any health care questions along the way. Our clients find Cindy to be an invaluable resource.

Too many innocent people suffer an injury in Orlando and unknowingly settle for so much less. Yet, our clients have explained that people who are injured are not aware that there are law firms with a lawyer who is also a medical doctor, a registered nurse on staff and a board certified civil trial lawyer. It is for that reason I wrote the book, Seeking Justice: An Insider’s Guide for the Injured. It helps protect innocent, decent people from falling into the hands of lawyers who have no business handling an important injury case. We continue to make a Free copy of this book available to anyone injured in Florida.

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Jurors decide whether an injury claim will result in a favorable result. Whether the conduct involves a car accident, a trip and fall or medical malpractice, jurors will decide all of the important issues. As Orlando injury lawyers, we are often asked, "How do jurors decide the issues of fault?" and "how much money is fair?"

For more than twenty years we have worked to understand the best way to help jurors make those important decisions for our clients. We have learned that most people want to make the correct decisions and take jury duty very seriously. We have great faith in our jury system and find that jurors generally feel the same way.

We often review the experience of jurors so that we can continue to do the best job possible. Despite most people's initial reluctance, once they get involved with the process they generally find the experience to be a positive one. For example, one prospective juror recently commented that jury duty, "is the basic level of citizen involvement. It is what you can do if you cannot serve in the military. This is a system that keeps going because someone is willing to step up and keep it going."

We believe that every one who goes to trial deserves to have a lawyer present their case in a manner that assists jurors to make the best decision possible. After more than 20 years, we know that too many individuals involved in car accident, injury and medical malpractice cases unfortunately choose lawyers who do not specialize in civil trial law. For this reason we wrote the Florida Accident & Injury Book. Order your free copy now.

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Recently, a boy suffered severe brain injury when struck by a line drive off of an aluminum baseball bat. As Orlando injury lawyers, we have followed the debate over whether aluminum bats are inherently more dangerous for children than wooden bats. Advocates for allowing aluminum bats include aluminum bat manufacturers and leagues that choose to use metal bats because they do not break as easily, and thus reduce costs. Aluminum bats can also be a better teaching tool as they are easier to use.

The Consumer Product Safety Commission issued a warning about dangers created by metal bats as early as 1975, shortly after they became widely used. A 2002 Brown University study confirms that balls hit by aluminum bats have a greater velocity than those by wooden bats. However, after that study new standards were promulgated which advocates for metal bats conclude make those findings moot.

Obviously, an inherent danger in baseball is the risk of a child being struck by a batted ball. However, the severity of the injury can be minimized by careful regulations. Currently, many leagues regulate the specifications of the aluminum bats permitted for use. These regulations seek to restrict the amount of force the bat can transfer to the ball. State legislatures have considered banning metal bats, have banned their use in high school games and have considered a ban in any recreational game in which a child under age 13 participates.

It is important in any sport to balance the interests of the sport and the safety of the participants. No where is this more appropriate than where children are concerned.

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As Orlando injury lawyers, we have represented clients who have needlessly suffered injury leading to blindness and partial loss of sight. In one tragedy, we took on a leading soft drink company who decided to sell dangerously bottled soft drinks. Recently, a foreign beer distributor is reported to have irresponsibly bottled its product and injured a 2-year-old boy-leaving him partially blind.

The parents allege in their federal lawsuit that the Corona brewery failed to catch a defect in a bottle that exploded near their son on the Fourth of July. According to the reports, Corona Brewery owned by Grupo Modelo, violated its obligation to protect consumers and the public generally from defective and dangerous products such as the bottle involved.

Fortunately, most manufacturers take consumer safety seriously and put forth a significant effort to do all that it reasonably can to avoid needless injury. For those who do not, the courts provide a means to hold reckless product manufacturers accountable for injury and death. In product liability trials it is important to remember that the jury is essentially asked to determine if the product meets reasonable expectations. So, whether it involves an exploding beer bottle or soft drink bottle; or, an exploding gas tank or tire, the jury will likely decide what is reasonable based on their common sense and the technology available.

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Posted In: Consumer Products

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Injury from dangerous drugs can be devastating. As Orlando injury lawyers we have seen too many needless tragedies when profits are put before consumer safety. Recently, the editors of the New England Journal of Medicine came to the defense of consumers by submitting a brief in a case before the United States Supreme Court.

The editors wrote in the brief that although Federal Drug Administration is seen as "the gold standard" for evaluating drugs, the agency "simply lacks the ability to serve as the sole guarantor of drug safety." If drug makers were shielded from lawsuits related to their treatments, "FDA would be stripped of an essential source of information that the agency has consistently relied on when making its regulatory decisions, and the American public would be deprived of a vital deterrent against pharmaceutical company misconduct," the NEJM editors wrote. These medical doctors and those they represent importantly reported that almost two dozen drugs that were approved by the Federal Drug Administration have been withdrawn from the market since 1997 because of safety hazards.

These medical doctors provide support for product liability lawsuits against giant drug makers. With evidence that many drugs satisfied the low governmental standards only to be proven too dangerous after being placed on the market, the courts must remain accessible to protect consumers' risks.

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Posted In: Pharmaceutical Drugs

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