South Florida Personal Injury Blog

Tragic accidents occur all the time. Likewise, there are always bad apples who act in ways to inflict injuries on other people, says Broward injury lawyer Alitowski. The injuries that arise from accidents and intentional acts, however, are especially tragic when children are hurt as a result.

Recently, a heartbreaking fire in a Mexican child care facility resulted in the deaths of dozens of children, many of them infants. Other children suffered burns and injuries from smoke inhalation, in addition to psychological trauma from their experiences. Motor vehicle accidents are now the leading cause of fatal accidents involving children. The small body of a child cannot withstand the impact of a car accident quite as well as an adult can. They are also relatively likely to inflict disabilities.

On an even more dire note, many children are victimized by criminals – they may be physically or sexually abused, for example, by caretakers, neighbors, family members, or strangers. Fort Lauderdale accident attorney Alitowski finds that these types of scenarios leave parents wondering, What can I do? What is my recourse against these people, on behalf of my child?

The answer depends on the specific details of your situation, says Broward accident attorney Alitowski, who encourages concerned parents to meet with him for a consultation. If the child survived the crime or the accident, he may be able to sue the person responsible for his injuries. Although the lawsuit occurs in his name, his parents are often more involved in the process. Parents may have a cause of action to file a lawsuit for their children’s injuries in some cases and can file wrongful death suits if a child was killed as a result of another person’s wrongdoing.

Not every injury or accident will result in a viable lawsuit. A parent will likely be able to sue a day-care facility that negligently supervised his small daughter, resulting in her death due to consumption of antifreeze. Failure to properly supervise the child in this situation is extremely problematic. The circumstances of each case are different and it is important to seek the advice of an experienced personal injury attorney before making a decision.

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Fort Lauderdale injury lawyer Andrew Alitowski has learned that federal regulators from the Food and Drug Administration, the government agency which oversees prescription drugs, food safety, cosmetics, and other goods, has recommended that consumers immediately cease usage of Zicam nasal treatments due to consumer safety issues. The Zicam products include gels and swabs designed to alleviate nasal cavity congestion. They are advertised as over-the-counter products effective at treating symptoms of the common cold. Zicam also makes flu, multisymptom, and allergy products.

The FDA issued its warning after determining that at least 130 people have lost their sense of smell after using the drug, which contains zinc gluconate. It is not clear whether the loss of smell is permanent or only temporary, an issue that may still be under investigation at this point in time, says Broward injury attorney Alitowski. Regulators said that the other Zicam products, such as chewable tablets and a mist taken orally, are not affected by the recommendation, as the FDA has not determined that the product, when taken in other forms, affects sense of smell. Some of the people affected reported that they lost their sense of smell after just a single dose of the over-the-counter medication, while others reported that they were not affected for several treatments. It is also possible that affected consumers did not immediately realize the problem, due to the effect of congestion on sense of smell, nor is it clear whether any of the affected users plan to file product liability lawsuits against the manufacturer.

The FDA recommendation also highlighted the importance of smell for safety reasons: "The loss of sense of smell can adversely affect a person's quality of life and can limit the ability to detect the smell of gas or smoke or other signs of danger in the environment." Additionally, because smell is heavily associated with taste, a decreased or nonexistent ability to smell has far-reaching effects.

Fort Lauderdale injury attorney Alitowski reminds consumers that it is important to follow the FDA consumer advisories. The agency has recently issued advisories related to the dangers over topical anesthetics, especially during laser hair removal, and the possibility of depression or suicidal thoughts associated with the prescription asthma medication Singulair.

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Burns are among the worst injuries the human body can receive, says Palm Beach personal injury attorney Andrew Alitowski. Even relatively minor burns can be extremely painful. Burns also have a tendency to leave particularly bad scar tissue behind, even after the burn has fully healed.

Burn injuries can be inflicted a number of different ways. West Palm Beach injury lawyer Alitowski says that many serious burn victims may have a cause of action against the individuals or the entity – such as a business or the government – that is responsible for their injuries in whole or in part. For example, if a neighbor carelessly sets fire to his home, causing yours to go up in flames late at night while you were asleep, you may be able to recover civil damages against the neighbor for his negligent behavior that led to your serious burns. Similarly, landlords who do not maintain their rental properties in compliance with the local building standards may have liability if you are injured as a result of a fire that started in one of their units. For example, if a landlord does not have smoke alarms properly installed, the tenants may not be alerted to the fire until it is tool ate. Similarly, the fire code has other restrictions regarding safe electrical wiring and other building procedures.

Burns can also occur from car accidents, says injury lawyer Alitowski. Unfortunately, motor vehicle accidents can cause explosions and fires under the right circumstances. In these cases, the person who caused the car accident and/or the manufacturer may be liable to you for damages related to your injuries, including lost wages, compensation for your expenses such as medical care, and pain and suffering. Famously, the Ford Pinto was built with a gas tank that exploded during some motor vehicle collisions. There are also other situations in which a manufacturer may be liable for damages caused by burns resulting from problems associated with their products. For example, kitchen appliances, such as wafflemakers, can malfunction if made incorrectly or defectively designed. The manufacturer of these types of products may be liable for to you for your injuries, including burn injuries.

Chemical burns can also cause serious, lifelong injuries, says Fort Lauderdale injury attorney Alitowski. These types of burns are most likely to happen from faulty products or at work. Chemical burns can occur from certain defective batteries or, for employees, during the manufacture of products containing harsh chemicals.

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Often, people who are injured in traffic accidents assume that the expenses they will incur will be covered by someone, says Broward personal injury attorney Andrew Alitowski. This belief is frequently, and fortunately, correct. For example, your medical expenses and other costs you incur may be covered by the motor vehicle insurance of the driver who caused the accident in which you were injured. If they are not covered by that driver’s insurance – perhaps they are uninsured or do not carry sufficient coverage for your injuries – you may carry coverage on your plan to protect you against uninsured or underinsured motorists. In some instances, there is insufficient coverage from any source.

The number of uninsured and underinsured drivers on the road is increasing. A study that came out earlier this year predicts that about 16 percent of drivers – or about one in six of the cars on the road – will be insured by next year. According to Fort Lauderdale personal injury lawyer Andrew Alitowski, the rate of uninsured drivers has traditionally been closely associated with the rate of unemployment. When more Americans lose their jobs, fewer of them purchase or maintain their car insurance coverage. Although car insurance is mandatory in the state of Florida, this may be one of the first expenses an individual stops keeping up with during financial difficulties. With record numbers of Floridians struggling to keep their homes and avoid foreclosure, especially in Broward County, the relative importance of maintaining current car insurance may drop to a lower priority for some drivers. Uninsured drivers may be able to purchase low-cost car insurance policies with higher deductibles in order to comply with the law.

A motor vehicle accident can cause many expenses: medical bills, rehabilitation and physical therapy, lost wages, alternative transportation costs, and the cost to replace your motor vehicle, in addition to other costs which can crop up. An experienced motor vehicle accident attorney can advise you of your rights and negotiate on your behalf with insurance companies. If an insurance company seeks to have you make a statement under oath – such as signing a statement with a notary – always seek the advice of an attorney. This is especially true if you are continuing to receive medical treatment or if you have not yet had a full battery of tests to determine the extent of your injuries. Whether negotiating with your own insurance company or the motor vehicle insurance of a different driver, it is important to have an experienced Broward injury lawyer on your side.

Continue reading "The Dangers of Uninsured Drivers" »

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When vacationers book a cruise ship, they do so with the expectation of having a wonderful time and a memorable trip, says Fort Lauderdale accident attorney Andrew Alitowski. They do not do so with the expectation of suffering an accident or an injury while on the cruise ship. Unfortunately, many such accidents occur every year. Cruise ships have become a popular destination trip, often providing a lower-cost way to visit several different popular tourist destinations, while advertising nice accommodations.

There are many ways a passenger on a cruise ship could suffer injuries. She may slip and fall (or trip and fall) on an uneven or wet surface. He could fall because of poor steering of the ship itself. A passenger could be subjected to bad food poisoning, especially from improperly prepared or undercooked food, says Broward personal injury attorney Alitowski. Salmonella, botulism, and E. coli are just a few of the possible common food contaminants. All can seriously sicken a person; the elderly and small children are particularly vulnerable to the effects of food poisoning. In the event of food poisoning, the passenger should seek medical attention as soon as is feasible and continue consuming fluids to stay hydrated and to avoid further weakening.

Inadequate medical services may give rise to another personal injury claim. If the cruise ship company provides medical staff on the ship, or if they negligently entrust your care to a bad doctor or hospital at one of the destinations, you may have a civil claim for damages.

Perhaps worst of all, a cruise ship passenger could actually fall off of a cruise ship and into the Atlantic Ocean or the Gulf of Mexico. This is truly a worst case scenario. Cruise ships are not designed for rescue missions and, if the crew is not monitoring the ship or waters, or does not immediately become aware of the accident, the passenger who falls off of a cruise ship could die quickly.

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Medical professionals must demonstrate a level of competence in their fields to obtain licensure. They also must provide appropriate care for their patients, says West Palm Beach accident attorney Andrew Alitowski. Unfortunately, in some instances, a patient receives improper medical treatment which causes serious damage.

Palm Beach injury attorney Alitowski uses an emergency room physician as an example. Where a patient or her next of kin fills out medical paperwork, even noting allergies to certain prescription drugs, the doctor must be careful with regard to which antibiotics to dispense. If the patient states that she is allergic to penicillin, the emergency room physician should know better than to administer penicillin (or a very closely related antibiotic, such as amoxicillin) to treat her infection. In the event that the patient is prescribed that antibiotic, and becomes very ill as a result, she may have a claim for monetary damages against the doctor and the hospital where she was treated. Where the patient actually dies from the inappropriately administered medication, the patient’s family and her own estate may have a cause of action against the doctor and the hospital.

Similarly, a pharmacist who fills a prescription incorrectly can cause wide-ranging results. An elderly person who takes daily heart medication for his health, but who inexplicably receives allergy medication when he gets a refill from the pharmacy, may or may not be hurt by the new medicine, depending on the type of medication, strength, dosage, and other factors. He is likely to be seriously hurt, however, by the fact that he did not receive his heart medication.

Psychiatric professional can be held liable for failure to fulfill their duties, as well. This most frequently occurs when a patient has been checked into an inpatient facility because he is a danger to himself or others. The hospital is charged with monitoring him, treating him, and keeping him safe. If the hospital fails – which surely occurs if the patient actually commits suicide or seriously injures himself on the premises – the patient’s family may be able to sue the psychiatric treatment hospital.

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Broward injury lawyer Andrew Alitowski recently heard about an outrageous, devastating case of medical malpractice, among the worst he has ever seen, which affected a Davie resident. Lisa Strong, a mother of two, worked at a mall. She fell ill with shooting pain and a high fever. When the fever hit 106 degrees, she decided she had to go to the emergency room. There, she explained to the staff that she believed her illness was due to a kidney stone, as she had a history of such stones that had displayed similar symptoms.

The events that followed will shake any patient’s faith in emergency room services, says Fort Lauderdale accident attorney Alitowski. The nurse apparently notified the attending physician of Lisa’s rapidly deteriorating condition. Dr. Laurentina Kocik was on duty and she contacted Dr. Jason Strong (who is unrelated to Lisa), because Lisa’s insurance designated him as the contact physician in the event that her primary care doctor was unavailable. Dr. Kocik did not write on Lisa’s report that she had a suspected kidney stone, a move she says she regrets “a million times.” Still, Dr. Kocik insists she conveyed to Dr. Strong by telephone that Lisa likely had a serious kidney stone.

Dr. Strong agrees that the two spoke by telephone, but has no recollection of being advised that his patient had a kidney stone – or that her condition had deteriorated into septic shock. Lisa’s condition had grown dire, but he claims this information was not transmitted to him. Instead, he made a diagnosis of a gallbladder condition, which was incorrect. Dr. Strong handled the case by phone, without examining the patient, which is considered normal procedure.

The finger-pointing is common in any instance where there is likely more than one person at fault for the injuries of another. In this case, Dr. Kocik insists that she conveyed to Dr. Strong the seriousness of the patient’s illness and that she did not pass off Lisa to another on-site doctor because she “expected him to come in.” Dr. Strong says he had no reason to rush to the hospital because he was under the impression that Lisa was “reasonably stable.” Lisa waited for hours without treatment, until she had surgery which was wholly unnecessary. Doctors did not locate her kidney stone, which was causing the infection affecting her until body, until 16 hours after her arrival at the hospital.

The infection took over Lisa’s body as a result of the lost time. Eventually, her arms and legs were amputated due to the lack of care she received in the emergency room. She was in the hospital for months and racked up close to a million dollars in medical expenses. Now, she lives on disability payments, experiences chronic pain, and has difficulty with the most basic of day-to-day tasks.

When Lisa sued the doctors, the jury apparently had difficulty assigning the blame and decided that the doctors were not negligent. The judge hearing the case actually threw out the verdict, an extraordinary move, and Lisa will reappear in civil court next month.

Continue reading "Fort Lauderdale Personal Injury Attorney: Victim of Medical Malpractice Gets Her Day in Court" »

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Broward dog bite attorney Andrew Alitowski knows that animals can run the gamut from the most docile of household pets to dangerous menaces. Certain dog breeds have a reputation for causing trouble, especially bites.. This perception is so widespread that many condominium and townhouse homeowners’ associations in Broward, Miami-Dade, and Palm Beach Counties go as far as to ban vicious dog breeds. Not surprisingly, the county animal shelter and privately-run animal welfare organizations are brimming with these dogs for adoption, as they are the most likely to be surrendered. But which dog breeds are considered to be the most dangerous?

Homeowners insurance policies may even refuse to cover households which have a dangerous dog breed, says Fort Lauderdale injury lawyer Alitowski. The Centers for Disease Control, which compiles statistics on serious dog bit injuries, reported that between 1979 and 1998, there were 238 dog bite attacks that result in a person’s death. The dogs involved varied, however: 25 different breeds of dogs were involved in the deaths. Still, certain breeds stood out. Over half of the deaths were caused by attacks by pit bulls (purebred or mixed) and Rottweilers.

Aside from pit bulls and Rottweilers, Chow Chows, boxers, Doberman retrievers, and any wolf-dog hybrid, or dog with wolf ancestry. German shepherds, which are commonly used by police, including to stop suspects fleeing on foot, are also responsible for a disproportionately high number of dog bites.

The breed of dog alone is not the only determining factor. Although certain dog breeds are responsible for a higher percentage of attacks, good socialization and training is likely to reduce risks. A dog should be trained early and learn to follow human commands. Proper socialization, including being introduced to strangers from a young age, can prevent a dog from attacking a person out of fear. It is also difficult to train a dog to act as protection or as a guard animal, yet expect it to be safe around children or even adults. Dogs are probably not able to turn on and off their working, guard dog mode, and it is far safer never to teach a dog that it is acceptable to bite or attack in any circumstance at all. Broward personal injury attorney Alitowski finds that many dogs who attack humans, even once, are unfortunately never going to be safe pets.

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Broward employment discrimination attorney Andrew Alitowski finds that, even in diverse Broward, Palm Beach, and Miami-Dade Counties, discrimination against workers on the basis of national origin remains a problem. National origin discrimination can be perpetrated by any employer – even one who is a recent immigrant himself, although from a different country. The nationality of a worker, or the nationality of her parents, has no relation on her ability to complete the requirements of her job.

One way in which national original discrimination manifests itself is by the delegation of certain job tasks for specific individuals. For example, if an employer declined to allow an Aruban-American employee to perform a job task – such as deliveries – which other, similarly positioned employees performed, and did so because he did not want to pay for an accident caused by a “hot-headed Aruban driver,” the employee is experiencing discrimination on the basis of his national origin. The employee is being denied the opportunity to perform the same job functions as his peers, as well as possibly earn higher wages. National origin discrimination could also take the form of workplace harassment. If other workers or supervisors make disparaging jokes or comments about an employee’s national origin, or the origin of his or her parents, it may be discrimination on the basis of national origin. Fort Lauderdale injury attorney Alitowski believes that stereotypes about traits or another country’s culture fuel national origin discrimination.

Discrimination on the basis of key characteristics associated with national origin is common. For example, certain cultural norms, physical appearance, and linguistic characteristics are not sufficient bases for discrimination by an employer. For example, an employer should not refuse to hire a person who speaks English well simply because she dislikes his Haitian accent.

The United States is a country with a rich tradition of immigration. Even immigrant workers who are not naturalized or natural born United States citizens are protected by the national origin provisions of the Civil Rights Act of 1964. This law also prohibits discrimination on the basis of race, religion, and sex. Likewise, workers are protected from discrimination on the basis of pregnancy or ability to become pregnant and disability.

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According to Fort Lauderdale personal injury attorneys Andrew Alitowski and William Moore, the vast majority of civil lawsuits never make it to trial. Some estimates show only about two percent of the civil suits file result in a trial, a figure that is surprising to the general public, but reflects a trend injury lawyers have been tracking for years. Decades ago, it was more common to take cases to trial, but other options have surfaced more recently. These other options are often more attractive.

One extremely important option is settlement. Many cases settle for less than the amount the plaintiff originally sought in court documents. For instance, if Janet sues Michael for her car accident injuries in the amount of $100,000, Michael might not want to go to trial and risk incurring the verdict amount, as well as the expenditures associated with litigation. Therefore, he might offer Janet $60,000 to settle, and they could negotiate from that point, perhaps eventually arriving at $80,000. Janet benefits because she will not risk losing at trial.

Broward injury attorney Alitowski says that another important option is arbitration. Many companies, like credit cards and other financial businesses, now require customers to sign a contract agreeing to arbitration. Often, the agreement states that the arbitration ruling will be binding. In these cases, a “judge” or a panel hears both sides of the case in a setting fairly similar to a courtroom. At the end, the arbitrator or panel – often selected of a combination of experts selected by each side – renders a decision. Arbitration is frequently used for contract disputes.

Mediation is sometimes described as a guided settlement procedure. A mediator engages both parties to a lawsuit and helps them come to an agreement. This can be helpful when the parties’ relationship may be too contentious to negotiate a settlement without a third party.

Broward County injury lawyer Alitowski says that old-fashioned civil trials still happen, but less frequently. Large businesses often elect to settle claims rather than spend the time and resources going to trial. They are more likely to devote energy to that, though, if there is a need to show that the company did not engage in wrongdoing, especially if the company anticipates many more similarly situated potential plaintiffs. If one plaintiff wins, many more who suffered similar injuries are likely to file their own lawsuits.

Continue reading "Litigation – A Broward County Discussion" »

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Now that the summer heat is upon us, Fort Lauderdale personal injury attorney Andrew Alitowski would like to remind local residents to take care with their swimming pools. Swimming in the backyard on a hot summer day is the perfect way to cool off and most of us have fond childhood memories of splashing around with pool toys, but the dangers of swimming pools should not be overlooked. Whether in your own backyard, in a condominium complex, at a friend’s home or at a fitness center, the importance of pool safety for children should be given prime consideration.

Swimming pool accidents can kill children, especially very young children, and inflict extremely serious injuries on those who survive. New federal legislation requires that swimming pools be properly fitted with appropriate drain covers to prevent injuries to children. The state of Florida requires that homes with small children meet specific barrier requirements to prevent children from accessing the family’s swimming pool when they are not properly supervised.

If you have a pool, follow basic safety guidelines. Post a sign if the water is too shallow for diving. Always keep a medical kit and important lifesaving equipment, like flotation devices, very near to the pool. If you have children, instill in them appropriate swimming pool behavior, like limiting running around the wet edges. A child who slips and sustains an injury could fall into the pull, but be unable to remain afloat. Make sure everyone leaves the water if there is lightning in the vicinity. Additionally, pool owners should take care to keep their pool disease-free. Only babies wearing diapers specially designed for swimming should be allowed in the water. Refrain from swimming while an open wound heals. And very importantly, closely monitor the levels of chemicals in the swimming pool water, following instructions whenever using them. Store the pool chemicals in a safe, cool place which is inaccessible to children and where they will not be at risk of contact with heat, fire, or contaminants.

A swimming pool injury to you or to your children can be frightening and very expensive. If you have been injured in a pool, contact Fort Lauderdale injury lawyer Andrew Alitowski as soon as possible for legal assistance. An experienced personal injury attorney can help you obtain the insurance information for a homeowner’s pool or one belonging to a business or organization. Medical bills for an injury can be overwhelming and having an attorney provide assistance can make the process go much more smoothly. The faster an insurance company is willing to pay for medical claims, the easier the process is on the person who was injured.

Continue reading "Swimming Pool Accidents in Florida – Prepare for Summer" »

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Broward injury lawyer Andrew Alitowski provides advice to clients who have been involved in boating accidents. With the high coastal population of South Florida and the beautiful Atlantic ocean, it’s no wonder that so many people take to the seas every year off of the coast of Broward, Palm Beach, and Miami-Dade Counties. Still, the scenic waters draw tourists as well as life-long Florida boaters and those with moderate amounts of experience. Tourists, in particular, can be prone to making dangerous errors that can result in boating accidents. Fort Lauderdale accident attorney Alitowski finds that while seasoned boaters are not always perfect, years of experience on the water can lead to a wealth of knowledge regarding safe boating practices.

The United States Coast Guard has found that education regarding safety is important for preventing boating accidents. The Coast Guard compiles annual statistics on boating accidents, which illuminate the causes and the seriousness of the problem. In 2007, the most recent year for which statistics are currently available, boating accidents caused $53 million worth of damage in the United States – an astoundingly high figure. The statistics also show that about 700 people are killed in boating accidents every year. Of those, two-thirds died of drowning. Only ten percent of the drowning victims were wearing life jackets at the time of the accident. Additionally, 75 percent of those who drowned were traveling in small boats, less than 21 feet in length.

Of those operators who had a boating accident, only 14 percent had received instruction on boating safety. The top five contributing causes of boating accidents are all preventable: operator distraction, careless or reckless boating, actions of passengers or skiers, boating at an unsafe rate of speed, and the use of alcohol. For those accidents resulting in death, alcohol usage is the highest contributing cause in 21 percent of the cases. Many boat operators are unaware of the stringent rules that they must abide by, especially those involving alcohol. Boating under the influence, or BUI, remains a serious problem in the waterways just as driving under the influence (DUI) is a public concern on the streets.

Fort Lauderdale accident lawyer Alitowski reports that there are close to 13 million vessels registered in the United States at this time. Almost one million of those are registered in the state of Florida and, when combined with the boats registered in other states but operating in Florida, there are about 1.5 million boats operating in Florida’s waters. The attorneys of Alitowski & Moore, P.A., advise all boat operators and passengers to wear life jackets, follow all boating laws, and exercise caution this Memorial Day.

Continue reading "Boating Accident Legal Issues – Fort Lauderdale" »

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Posted In: Boating Injuries

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