Articles Posted in Personal Injury

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LogoJonathan Friedland and his team have done it again! After extensive litigation, and right before the parties were set for trial and about to select a jury, The Friedland | Carmona accomplished a major settlement that will allow the victim and her family to live comfortably for the remainder of her life, as well as secured admission of liability from the negligent supermarket.

Here, a woman slipped and fell in a major supermarket due to a liquid substance spilled on one of its aisles. As a result of the accident, the victim sustained a patella fracture and had to be submitted to two surgeries, including an Open Reduction and Internal Fixation (ORIF) surgery. Moreover, the victim loss three months of work and now has degenerative arthritis.

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Originated as “Decoration Day” in 1865, Memorial Day is an American holiday for remembering the people who perished while serving in the United States Armed Forces. While some follow these traditions, most take Memorial Day long weekend as a short vacation, full of partying and tons of alcohol, making being on the roads and in the waters a true hazard. The past Memorial Day weekend was no exception.

Last Saturday May 23, a boat slammed into a light tower off Miami’s coast, resulting in two 18 year old men injured. Both were taken to Kendall Regional Medical Center and it is still unclear of what caused the accident. “These two 18 year olds somehow did not see this light tower. I’m not sure if the marking lights were on, but the boat ended up going through the frame of the lighthouse and came to rest on the other side,” explained Captain Ignatius Carroll, with Miami Fire Rescue. Moreover, just a couple of hours later, a couple in a jet ski crashed into the Venetian Causeway Bridge in Miami Beach.

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One Monday morning in early February, Janet Yarbrough-Moody, a North Miami Beach resident and therapist stopped with her boyfriend, Gene at the Burger King located on West Dixie Highway in North Miami. She order an ice-cream cone and he order a vanilla ice cream sundae with chocolate syrup. Little did he know that it was no ordinary ice-cream sundae.

As they were driving home and eating their ice-creams, Gene felt something cold and hard in his mouth. At first he thought it was a nut that made it to the cup by mistake. He was in shock when he saw what it really was: a quarter inch screw! Yarbrough-Moody has tried to contact and inform Burger King’s customer service department of this hazardous incident and she has had no luck. However, a Burger King official made a statement to the Miami New Times promising that “food safety is a top priority” and that the company is investigating the incidents. You can read more regarding this incident here.

Screws are a serious choking hazard and food businesses should not take these findings in their restaurant chains lightly.

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For anyone that has driven in South Florida, it might not be a surprise that Florida is one of the most dangerous states in the US to commute and drive in.  In South Florida especially, population density, confusing roads, and aggressive drivers are just some of the many factors that lead to some of the highest fatality rates on the road in any state in the US, only following the much larger states of California and Texas.  According to the Census Bureau and the Federal Highway Traffic Safety Administration, Florida ranks third among the states in fatal traffic accidents, with over 2,500 incidents of fatal accidents in the year of 2009 alone.  This number brings into focus the harsh truths about the Florida driving environment.

In a separate study comparing the fatal accident rates to that of drivers reported to be distracted, some more startling numbers come to light.  The census reports that upwards of 15% of fatal accidents involve at least one distracted driver.  These cases are the just the ones that actually reported that one driver might have been distracted in the official accident report, so the number in fact could be much higher, with police trying to soften the blow to families, and their reluctance to place blame at the scene of a fatal accident.  These numbers include motorcycle and big rig cases as well.  You can see more information about the Census Bureau’s investigation into transportation related incidents at census.gov.

So what all is distracting the drivers of Florida causing such high numbers of crashes and crash fatalities?  The main problems with distracted drivers include the prevalence of cell phone communication while driving (of which some is illegal in the state of Florida), talking and paying attention to passengers, changing of music, cds, or other media while driving, and sleep deprivation or sleepy drivers.  These factors can cause serious problems on the road, especially with the traffic situations like they are in South Florida day to day.   The Friedland | Carmona handles cases often where drivers, passengers, and even pedestrians and bikers are injured seriously by distracted drivers in South Florida.

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123 cars are reported to be involved in a major pileup that occurred in Kalamazoo County, Michigan this week. At least one person is dead in this horrendous crash involving a police estimate of at least fifty semi trucks, causing damage in both directions of the freeway. A semi-trailer carrying an unknown amount of fireworks also exploded when the truck caught fire, causing even more damage to vehicles and people alike. It is unknown at this time what caused the accident, or even the extent of the damage. Emergency evacuation for drivers and passengers was required to get the non-injured parties to a nearby school to provide food and assistance while the situation was sorted out. The highway was shut down in both directions for hours while rescue workers worked to help victims, remove cars, and clean up the huge amount of debris left by the accident. Witnesses and victims of the huge pile-up had only confusion and pain to show for the accident, with an investigation into the causes of the accident still pending.

Additional information about the intense pile-up and pictures of the scene can be found here. Updates on the damage are also still pending, as authorities work around the clock to clean up the road and get people information on the causes of the crash. Michigan crash.jpg

The confusion, injuries, anger, and property damage that follows a major accident like this can be devastating, and leave all parties involved in complex litigation and settlement that could take years. With the cause of the accident still unknown and the sheer number of cars involved in the incident, the insurance companies and parties involved will be very reluctant to pay premiums in order to pay for the medical bills and property damage. It is times like these that automobile accident attorneys, like the experienced ones at the Friedland | Carmona are important to the process of recovery. Mr. Friedland and his associate, Michael Carmona, Esq. have experience in getting victims of automobile accidents and other personal injuries compensation awards for their injuries, damage to their property, and disruption of their lives.

If you or someone you know has been involved in a car accident that injured you or your family, or you have been injured in any personal injury incident at work, home, or on the property of another, call the Friedland | Carmona today! The personal injury attorneys at the Friedland | Carmona have decades of experience litigating personal injury cases, with a strong track record of large compensation awards and quality service to victims and their families. If you or someone you love has been the victim of an injuring car accident, slip and fall, or any other kind of personal injury, call today!

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An unnamed man has sued the Palm Springs Hospital in Hialeah for assault and sexual battery after an incident earlier this year. The lawsuit claims $5 million in damages for the alleged battery. Police questioned and arrested Rene Martinez in connection with the sexual assault on John Doe in September, who waited to report the incident. The victim claims that he did not report the incident right away because he was afraid that the incident wouldn’t be believed by officials.

You can read more about the disturbing incident reported by the Miami Herald here.

The victim, known only as John Doe on the court documents, claims to have recorded the incident while pretending to be asleep. Nurse abuse is a largely litigated area of personal injury. The attorneys of the Friedland | Carmona have experience with the complex litigation involved with nurse abuse, and have even secured several large settlements and verdicts for clients injured in the health care system. If you or a loved one has been injured due to the negligence or intentional abuse of another, call the Friedland | Carmona today!

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A resident of Oregon, Betty Schwartz, has filed a major personal injury and products liability case against the manufacturer of a metal-on-metal hip joint replacement, claiming multiple sources of damages. The lawsuit alleges that the manufacturer of her hip joint, Biomet, ignored the evidence of the damages caused by their product, labelled the “Magnum,” and continued to market a dangerous product that caused a slough of health related issues, including extreme pain, loss of motion, and even toxic metal build up in the blood. The Food and Drug Administration apparently had been receiving complaints as early as 2006 about metal-on-metal joint products like the “Magnum,” and reported this to the manufacturers.

Products like metal implants can cause more than just the original loss of motion, pain, and the alleged toxic metal build up in the blood. If a product is found to be defective, or endangering the health of the patient, the product has to be removed to prevent further damage. A second hip replacement surgery is more difficult, more painful, and oftentimes not as successful, due to a more complicated entry, less bone to work with, and the possibility of additional scar tissue and damage. Injuries caused by the faulty implant can therefore lead to a multitude of extended damages and injuries, and keep the patient immobile for a long time. You can read more about Betty Schwartz’ case, and determine more about the manufacturers that made and make these faulty joints here.

If you or someone you know has had complications with medical implants or joint replacements, call the Friedland | Carmona today! The attorneys at the Friedland | Carmona have handled a spectrum of cases concerning products liability, personal injury, and medical malpractice, and have the skills needed to get you the compensation you deserve. Check out our website, friedlandlawgroup.com to see a list of similar cases where our attorneys have obtained large settlements and court victories for victims of negligence and products liability.

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Plaintiff’s attorneys and law professors alike are abuzz with speculation on the effects of an March 2014 Florida Supreme court decision that strikes down caps on non-economic damages in medical malpractice wrongful death claims. In the 5-2 decision, the Florida Supreme Court decided that the 2003 law putting a $1 million cap on pain and suffering violated the equal protection clause of the Florida Constitution, and therefore could not stand. While the case itself focused only on the wrongful death statute and medical malpractice, the effects of the case’s decision may be used to overturn similar statutes in other states, and possibly in other areas of personal injury and negligence law.

According to several experts in the field of medical malpractice, there are a number of ways that this decision could change the way that plaintiff’s attorneys can handle cases. Not only will this mean that plaintiff’s attorneys can look for more damages for the families of victims, but it also gives plaintiff’s attorneys a new way to attack the monetary limitations. While several states have overturned caps like these using constitutional means, the Florida Supreme Court used a different strategy for overturning the cap. The court explained that the medical malpractice insurance crisis that was the premise for the 2003 law was not based in fact, and that there was no legitimate government interest in continuing to alleviate a crisis that is not factually supported.

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So what does that mean for Plaintiff’s attorneys? There are a lot of hopeful experts that believe this will mean larger payouts to victims of medical malpractice, a new look at these caps and their constitutionality, and an overall beneficial effect on the area of Plaintiff’s law. It could even challenge caps in other areas, including personal injury, using a similar strategy of attacking the idea that there is a serious crisis of available funds in the insurance business.

Read More: Washington Examiner May 19, 2014

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train on platform.png The Chicago commuter train operator who crashed a train at O’Hare International Airport last week acknowledged that she fell asleep immediately before the incident and had also done so last month when she overshot a station platform. Before the crash last Monday, the train operator had been running trains in Chicago for only two months. The operator woke up only as the eight-car train jumped onto the platform and pushed up onto an escalator leading into the airport.

The crash occurred around 3 a.m., as the operator’s shift was just about over. The woman had an unusual work schedule and federal investigators were trying to determine if that played a role in her apparent fatigue. More than thirty people were injured in the crash. At a final on-site briefing at the airport National Transportation Safety Board investigator Ted Turpin stated, “She did admit that she dozed off prior to entering the station. She did not awake again until the train hit.” While the briefing was occurring, workers with electric saws and face shields were cutting up the lead train car in an effort to remove the wreckage.

Last Tuesday, Turpin and other officials interviewed the train operator and investigated her training, scheduling, and disciplinary history. The operator told investigators she was not on any medications; the results from drug-and-alcohol tests had not yet been received. The operator informed investigators that in February she fell asleep while driving a train and partially missed a station. After the February incident, the operator was admonished, which was all that was required under local agency disciplinary guidelines. Currently, the operator is on “injured on duty” status and faces discipline up to and including discharge.

Train operator in Chicago crash had fallen asleep www.palmbeachpost.com March 26, 2014

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Bim-K6ACUAA9Ccw.jpg_large.jpeg Police reported yesterday that a third person died after being hit by a suspected drunken driver last week in Austin during the South by Southwest festival. Austin police spokeswoman Veneza Bremner stated that twenty-six-year-old Sandy Thuy Le died from injuries she sustained when she was struck early last Thursday outside The Mohawk music club. Rashad Owens, the driver of the vehicle, was fleeing police when he drove through a barricade and accelerated his car into a crowd of people in Austin’s Red River Entertainment District. Two people were pronounced dead at the scene and twenty-one others were injured.

Le remained in critical condition in the hospital ever since she was hit. Dr. Christopher Ziebell, the emergency department director at the University Medical Center-Brackenridge, stated that the two most critically injured patients sustained life-threatening head injuries. Le’s brother-in-law, Stuart Gates, said that Le was surrounded by family and friends when she passed away Monday. Gates said that Le’s family was offering prayers and words of support to the family of DeAndre Tatum, the other critically injured victim.

The individuals pronounced dead at the scene were thirty-five-year-old Steven Craenmehr, who was on a bicycle, and twenty-seven-year-old Jamie West, who was riding on a moped. Spokeswoman Kendra Clawson said five of the injured remained hospitalized on Monday at the University Medical Center. Among those who remained in the hospital were one person in critical condition and two people in serious condition.

3rd person dies from South By Southwest crash www.palmbeachpost.com March 17, 2014

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