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.
Sunday, May 31, 2009
Friday, May 22, 2009
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, May 20, 2009
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.
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, May 10, 2009
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.
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, May 6, 2009
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
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
Saturday, May 2, 2009
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
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
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