Child on scooter killed, another injured in hit-and-run

Earlier today, the Palm beach Post reported that a young girl was killed and another injured when hit by a car while driving motorized scooters. This awful local tragedy raises a couple of safety concerns of mine.

First, please do not allow your children to ride motorized scooters in the street. They usually do not have the same safety features of a street legal vehicle making them more difficult to see by passing motorists. In addition, the rider is usually not wearing safety gear. While it seems like a lot of fun, it probably is not a good idea.

Second, please drive slow through residential neighborhoods and pay attention to your surroundings. Often times, people are in a rush to get wherever they are going or just not paying attention to the road. This is even more prevalent now that almost everyone has the ability to send text messages. Take your time, slow down and focus on the road.

If you would like to read the full article as written in the Palm Beach Post, you can click on the following link. http://www.palmbeachpost.com/news/child-on-scooter-killed-another-injured-in-boynton-103712.html

If you have any questions for the author of this blog, I can be reached directly at AWerner@fortheinjured.com.

Teen Safe Driving Video

Car crashes are the number one killer of teens in the country. Gordon & Doner has created a sobering video that should be viewed by all new drivers before they get on the road. The name of the video is No Second Chances - Teen Safe Driving Video.

Please click on the link below to view:
www.fortheinjured.com/no-second-chances.asp

If you would like to contact the author of this blog directly, I can be reached at AWerner@fortheinjured.com.

Social Security Disability

I just got off the phone with a potential new client who was seeking disability benefits. This client made some common mistakes Social Security Disability candidates often make. Keep in mind, these people I refer to are truly disabled and entitled to benefits. However, certain actions or inactions often result in a denial or at least a delay in benefits. This prompted me to create the following list of guidelines that should be considered when disabled:

1. If denied after your initial application is filed, APPEAL, do not give up. Your appeal must be filed within 60 days. All too often, I receive a phone call after the time to appeal has expired.

2. Make sure you treat with a physician as often as necessary. Your case is based primarily on your medical records. Even if you do not have insurance, try to seek out a free clinic or even the ER if need be.

3. Apply for benefits as soon as you become disabled. In order to be eligible for Social Security Disability, as opposed to SSI, you must have worked 20 of the last 40 quarters. So, if you stop working, you only have a certain about of time in which you qualify.

4. Let you representative know about ALL of your disabilities. Often, people fail to disclose certain disabilities because of embarrassment. Please try to keep in mind that your lawyer and the judge have heard it all. It would be a shame to lose your case because you failed to disclose everything.

5. Do not go to a Social Security Disability hearing without representation. Social Security representatives are knowledgeable about the Social Security Disability rules; consequently they are able to present the facts of your disability claim in a manner that is most favorable to you. At Gordon & Doner, our a fee is contingent on obtaining you benefits. So, everyone can afford representation.

While this list is not exhaustive, it is certainly a good starting point. If you have any questions, or would like the assistance of a Social Security Lawyer, please do not hesitate to contact me directly at AWerner@fortheinjured.com.

Workers' Compensation Update II

I just got back in town from the Florida Workers' Compensation Educational Conference. There was a lot of discussion about recent legislative "fix" to the October 2008 Emma Murray decision. For those of you not familiar with what is going on in workers' compensation law, you can read my prior posts regarding this subject.

Bottom line of all is that most in the industry believe the current law, as it is currently written, is unconstitutional. It severely limits an injured workers access to courts as a result of unreasonable attorney's fees.

Fortunately, the consensus is that it should not take nearly as long as the five years it took us to get the Emma Murray decision to reach the Florida Supreme Court again.

Yamaha Rhino ATV Post

Yamaha Rhino ATV accidents have been the cause of numerous injuries and deaths. While rollover accidents are known to happen with this type of vehicle, it is much more prevalent with this specific model, due to its high/narrow stance and powerful engine. It has even been known to tip over while traveling on flat surfaces at slow speeds.

To date, hundreds of lawsuits have been filed against the manufacturer. They have involved crushed or amputated limbs and/or death due to this unreasonably dangerous product. Most often, fatal and severe injuries involve children due to their smaller size.

If someone you know has been injured due to a Yamaha Rhino ATV accident, the lawyers at Gordon & Doner can be relied on to help. If you have any questions, please contact me directly at AWerner@fortheinjured.com

Sunday Night Seatbelt News

Another tragic example of why it is so important to wear your seat belt.

I cannot tell you how often I see injures that could have been less tragic had someone been wearing their seat belt. See below for the full story.

http://www.suwanneedemocrat.com/suwannee/local_story_186091131.html

If you have any questions for the author of this blog, please contact me at AWerner@fortheinjured.com.

Workers' Compensation Update

Unfortunately, the governor of the State of Florida, Charlie Crist, signed a new workers' compensation bill into law. This new law will greatly reduce attorney's fees thereby limiting Claimant's access to courts.


I found the following article on-line which seems to sum it all up very well:

http://www.examiner.com/examiner/x-9540-Boca-Raton-Liberal-Examiner~y2009m5d30-Crist-Adds-Insult-To-Injury

Sunday Night Slip and Fall Post

Slip and fall accidents are the most common claims in premises liability lawsuits. Some of the most frequent causes of such injuries is a a slippery floor, poor lighting or an uneven surface .

According to the Center for Disease Control, in 2005, , falls were the leading cause of injury deaths among older adults. They are also the most common cause of nonfatal injuries and hospital admissions for trauma.

According to Florida law, property owners may be held liable for slip and fall injuries resulting from dangerous conditions on their premises. Such accidents occur when someone slips, trips or falls as a result of dangerous or hazardous conditions on someone else’s property.

The attorneys at Gordon & Doner, P.A., can help you determine who is at fault for your accident. They will see if you are entitled to recover damages for lost wages, medical bills, and pain and suffering.

All questions are welcome. You can contact the author at AWerner@fortheinjured.com.

Memorial Day

For the Injured wishes you all a safe Memorial Day Weekend. Please take some time to remember the military men and women who gave their life defending our country.

Wednesday Night Post

Nursing home abuse is real problem, especially in Florida with our expanding elderly population. Often times, because of the victim's mental or physical limitations, the crime goes unreported and unnoticed.

Though nursing homes are strictly regulated, their residents too often suffer from abuse at the hands of their caretakers. While this of course is not the case for all nursing homes, the rate of problem facilities is far too great. According to a General Accounting Office (GAO) study, 25 percent of the nations’ over 17,000 nursing facilities “…had deficiencies that caused actual harm to residents or placed residents at risk of death or serious jeopardy.”

Earlier today, according to the Herald Tribune, a Punta Gorda Elderly Care Center worker was arrested and charged with felony elder abuse. Letitia Calderwood, had allegedly kicked a 76-year-old woman in the back and slapped her in the face.

While the above example of abuse is glaringly obvious, it can often be much more subtle. For example, a patient can be abused due to simple neglect. To best prevent this sort of abuse, family and friends should visit their loved ones often and at random times. It is also helpful to communicate regularly with their caregivers.

If you believe a loved one has been the victim of nursing home abuse, you may be entitled to legal recourse. If you have any questions regarding this or any other matter, I can be contacted a AWerner@fortheinjured.com.

Sunday Night Post

Florida is the deadliest state in the nation for bicycle riders. I came upon this interesting statistic while reading through the news the other day. According to wptv.com, Florida had 119 fatalities, ahead of California with 109. I have to say, I was not surprised. Doing what I do and having lived most of my life in South Florida, I know how dangerous the roads are.

While bicyclists are well within the law to ride alongside motor vehicles, they often do so with fatal consequences. Often times, these accidents are caused by careless drivers who fail to respect that they must share the road with bicyclists. Needless to say, the person on the bicycle is the one who usually pays the consequences.

According to a recent article in the Sun-Sentinel, there have been three fatal accidents in Palm Beach County alone as of April 19th. In order to reduce the amount of accidents, local police departments, as well as the Palm Beach County School Board are working to educate the public to reduce injuries.

In a related statistic, South Florida drivers have also been ranked year after year as having the wost road rage in the country. Anyone who has experience driving on South Florida roads knows this first hand. I think it is safe to assume that reckless behavior by drivers has contributed to the high number of fatal accidents between motor vehicles and bicycles. Hopefully, with the efforts discussed above, drivers will learn to have more respect for bicyclists. If not, the consequences will continue to be devastating, if not fatal.

All questions and comments are welcome. Please feel free to contact the author, Adam Werner, Esq. at AWerner@fortheinjured.com.

Wednesday Night Post

As someone who represents Claimant's in their Social Security Disability appeals, I have seen first hand how frustrating and long the process can be. Some Claimant's do not receive their benefits for two to four years from the date of initial application. Often, it takes as long as a year before getting a hearing before a live judge. During this time, the disabled are not only fighting for their heath, but are often struggling to keep a roof over their heads.

In order to be eligible for Social Security Disability benefits, you much have worked at least 20 of the last 40 quarters (if over the age of 21). Note, there is a different test for eligibility if you are younger. In addition to having enough quarters, you must also be considered disabled under the law. According to SocialSecurity.gov, "the law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."

If you think you meet the requirements, you should apply quickly to avoid any additional delay. If denied, do not be discouraged, you have four opportunities to appeal the unfavorable decision. Hiring a representative to guide you through the appeals process can help to ease your tensions and increase your chances of successfully obtaining benefits.

If you have any comments or questions, please do not hesitate to contact the author, Adam Werner, Esq. at AWerner@fortheinjured.com

Sunday Night Trucking Accident Post

As some of you know from my previous posts, I work for one of the most well known injury law firms in South Florida, Gordon & Doner, P.A. Catastrophic trucking accidents are some of the most horrific accidents we see. Often times, they could have been avoided had the trucking company been more diligent in their vehicle safety and driver screening.

At maximum capacity, an 18-wheeler can weigh as much as 80 tons. Something that would have been no more than a fender bender with two average size sedans, is now a horrible wreck. In 2007, Florida had the second highest amount of fatal crashes involving large trucks, following California.

According to the National Highway Traffic Safety Administration (NHTSA), one of every eight traffic fatalities is caused by a collision with a large truck, and most deaths that occur in these accidents are the passengers of the automobiles. Tractor trailers – large trucks that weigh 20-30 times more than passenger cars – account for only 3 percent of registered vehicles on the roads, yet are involved in 12 of all the traffic fatalities, according to NHTSA.

Tractor trailer and truck accidents are caused by a variety of factors including vehicle safety, driver skill level, and driver fatigue. Common sense dictates that a properly trained and licensed driver of these large trucks will improve performance and reduce auto accidents. However, a Federal Highway Administration study in 1996 concluded that the trucking sector is not providing adequate training for new drivers of large trucks. Specifically, the study determined: Less than one-third of new drivers of tractor trailers and other large trucks are properly trained and only 10 percent of trucking companies offer sufficient training for their new drivers.

In 1984, the Department of Transportation released its Proposed Minimum Standards for Training Tractor-Trailer Drivers, but, unfortunately, the new standards were made voluntary instead of mandatory. Under the proposal, drivers would receive 320 hours of instruction – half of which would be behind-the-wheel and on-the-road. Currently, drivers with a CDL license are not required to have on-the-road experience.

Personally, I always try to keep my distance from large trucks. If you you like to contact me, I can be reached at AWerner@fortheinjured.com

Wednesday Night Post

Zinc levels in some denture creams have led to copper deficiency, blood disorders and neurological disorders, including neuropathy. This problem first gained national attention when reported in the on-line issue of Neurology, published in June 2008.

Though zinc has always been an ingredient in denture cream, it only recently had been added to the label. As a result, there was no way the consumer could have ever been aware of its dangers. Based on my research, there are reports of problems dating back to 2005. Two notable brands in current lawsuits are Super Poligrip and Fixodent.

Unfortunately, many people suffering from the above noted problems are unaware their symptoms were caused by the zinc in their denture creams.

According to neuropathy.com, there are several things to look for in determining whether someone has been effected by the zinc contained in denture cream:

• Tingling


• Numbness


• Pain associated with sensory nerve damage is variously described as:
  Sensation of wearing an invisible "glove" or "sock"
  Burning, freezing, or electric-like
  Extreme sensitivity to touch

These signs and symptoms can develop suddenly, or even over a number of years. If you think you or a loved one has been made ill due to the use of denture cream, you could have legal recourse.

Should you have any questions regarding denture cream zinc poisoning or any other legal matter, please do not hesitate to contact the author at AWerner@fortheinjured.com.

Sunday Night Post

"Patient-Dumping" Law Continually Violated By South Florida Hospitals

Most commonly known as the "Patient-Dumping" Law, the Emergency Medical Treatment and Active Labor Act (EMTALA) is a statute which governs when a patient may be (1) refused treatment or (2) transferred from one hospital to another when in an unstable medical condition.

Under the statue, hospitals are obligated to treat patients whose medical condition is acute enough to where they require immediate medical attention. As such, the hospital may not turn the patient away. Also, under some circumstances, the patient may not be transferred to another facility.

South Florida hospitals have continually violated this statute, often due to a shortage of specialists available to handle emergencies. Just last year, Palms West Hospital and St. Mary's Medical Center in Palm Beach County agreed to pay money for failing to treat a child whose brain was bleeding after being hit by a softball.

In 2007, the Palm Beach Post reported that a patient had died after being transported from Palms West Hospital because they did not have a gastroenterologist available to treat him.

South Florida is not the only place where Patient Dumping is a problem. Just last week, a California hospital settled for $1.6 million dollars with the LA City Attorney after improperly discharging psychiatric patients to a homeless shelter.

Given the economic environment hospitals are currently operating in, stories like these will become commonplace. Now more than ever, patients should be aware of their rights when visiting a hospital emergency room.

As always, all questions a comments are welcome. You can contact the author directly at AWerner@fortheinjured.com.

Chinese Drywall Update - Scam Alert

As usual, there is always someone willing to take advantage of those who are vulnerable.

http://www.panhandleparade.com/index.php/mbb/article/floridans_warned_of_drywall_scams/mbb7716152/

Wednesday Night Post

Injured workers' access to courts will be severely limited if proposed Florida House and Senate bills become law.

Workers' Compensation attorney's fees are in danger of reverting to their pre-Fall 2008 level, severely limiting workers' access to courts when they are injured on the job.

On October 28, 2008, the Florida Supreme court ruled on Emma Murray v. Mariner Health and Ace USA. The short of the case is that Emma Murray's attorney received approximately $8.11 per hour for obtaining her a benefit which was wrongly denied to his client by the insurance carrier. On the other hand, the attorney for the carrier received $125 per hour for unsuccessfully defending the claim. Emma Murray's attorney's took the case to the Florida Supreme Court arguing the statute was unconstitutional.

Rather than make the determination as to whether the statute was unconstitutional, though in my opinion it is, the Florida Supreme Court reinterpreted the statute. This gave the JCC (Judge of Compensation Claims) the power to award a "reasonable attorney's fee" to the injured worker's attorney, if the statutory formula was unfair as illustrated above.

Unfortunately, some of our Florida congressmen, specifically Rep. Anitere Flores (R-Miami) and Sen. Garrett Richter (R-Naples) disagree with the interpretation given by the Florida Supreme Court and now want to rewrite the Statute putting us back to a pre-Emma Murray world.

There are two major problems with this situation. First, if there are no attorney's fees, then the insurance company has no incentive to provide any benefits. It will simply be cheaper for them to deny costly treatment and hope the injured worker gives up. Second, attorney's are less likely to be in the business of representing Workers' Compensation cases, $8.11 per hour makes for a failed business model. This will severely limit access to court for the injured workers.

If this proposed legislation becomes law, it is my belief it will eventually be ruled unconstitutional. However, this could take the better part of a decade to make its way through the court system. In the meantime, should their new bill become law, thousands of injured workers will be mistreated and not have proper representation to address their grievances.

Thank you for reading For The Injured. All questions and comments are welcome. You can contact the author Adam Werner at AWerner@fortheinjured.com.

Monday Night Update

According to the AP, Lennar Corp. has been named in a class-action lawsuit. Lennar has said they have reserves to pay for the damage caused to homes. They expect the costs which exceed reserves to be covered by insurance.

So, at least there is some good news for those living in effected Lennar homes. No threat of empty coffers for the time being.

Welcome to For the Injured

Welcome to the premiere Sunday night posting of For the Injured. For the Injured will discuss legal issues, mostly in a South Florida context. Though written by a lawyer, the goal of For the Injured is to make everyone more aware of their rights when harmed due to the negligence of others.

Let me begin by introducing myself. I am an attorney with Gordon & Doner, P.A., a primarily personal injury law firm. I graduated from the University of Florida and subsequently attended law school at Nova Southeastern University.

For my first post, I will be discussing something most of you are already aware of, Chinese Drywall. Short of living under a rock, or outside of South Florida, you probably have have at least heard something about this problem. Hopefully, you are one of the fortunate ones who are not living through the nightmare of many of our family and friends.

During the recent housing bubble, many home builders went overseas to purchase drywall. Unfortunately, a large amount of drywall from China did not contain pure gypsum, as is the industry standard. Instead, the drywall contains a mix of gypsum and cellulose. When the two are combined, they deteriorate and emit the sulfurous gas.

Here are some questions you can ask yourself to determine if you too are a victim of defective drywall:
Does your South Florida home reek of rotten eggs?
Have you noticed problems with appliances and plumbing that have required frequent repair? Have you or a family member suffered from unexplained respiratory problems, nosebleeds, or rashes?

If you answered yes to any of these questions, your home may be one of thousands that were allegedly built with defective Chinese drywall.

The true scope of this problem is still unknown. While its epicenter is South Florida, there are reports that it has been used all over the country. Most recently, it is alleged to have been used in the reconstruction of New Orleans, post hurricane Katrina.

I will continue to provide updates on the subject as they develop. For the Injured welcomes all comments, questions and suggestions for future topics. You can also follow For The Injured on Twitter.com. Thank you for visiting our page.

You can contact the author directly at AWerner@fortheinjured.com.