South Florida Personal Injury Blog

Fort Lauderdale injury lawyer Andrew Alitowski represents clients who are injured in slip and fall (or trip and fall) accidents. These occur when a person or a business create or allow an unsafe condition that causes another person to fall and sustain injuries. A common example is a grocery store whose employees neglect to promptly clean spills, so that when an elderly lady pushes her cart through the freezer aisle in her local grocery store, she slips on a melted popsicle. The hard fall breaks her hip. A broken hip is no laughing matter. Of course, while these types of injuries can be the most devastating to the elderly because of the severity of injuries they are likely to incur by falling, they can happen to people of every age, healthy and otherwise. Broward slip and fall lawyer Alitowski encourages businesses, in particular, to be mindful of the state in which they keep their floors. Unfortunately, even just one bad slip and fall or trip and fall accident can cause serious, painful injuries and can result in thousands of dollars of medical expenses.

Elderly individuals are at higher risk for serious injuries caused by falls. These may occur, for example, when the flooring is uneven or wet. The Center for Disease Control, a federal agency, has released sobering estimates concerning fall-related injuries during the year 2005. The CDC says that 1,800,000 people who were 65 years of age or older received emergency room treatment for injuries sustained during falls and over 400,000 were actually admitted to the hospital to recover from their injuries. In fact, nearly 16,000 people died in 2005 as a result of the injuries they received during falls. For elderly people, this can often be the consequence of a broken hip, an injury that is very difficult to recover from and can cause permanent mobility issues.

According the Palm Beach accident attorney Alitowski, a head injury is another serious consequence of a trip and fall or slip and fall accident. If the lady in the example above hit her head on a freezer case before she fell to the floor, her injuries could be even more severe. For example, a blow to the head can cause concussions and painful bruising. On a more serious note, it can also cause bleeding on the brain or surrounding tissues. For instance, subarachnoid hemorrhage is the medical term for bleeding between the membrane tissues surrounding the brain and the brain itself. Surgery may be necessary to remove the blood in the subarachnoid space and the patient could suffer from additional issues such as an aneurysm. A related head injury problem is the subdural hematoma, which is specifically blood that is “on” the brain. Elderly people are especially prone to developing subdural hematomas, even when the head injury appeared relatively minor. Surgery is usually necessary to quickly drain the blood. Both are life-threatening injuries and anyone who has suffered a head injury should receive prompt and thorough medical treatment.

Continue reading " Palm Beach/Broward Accident Lawyer – Slip & Fall and Trip & Fall Accidents " »

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Posted In: Slip & Fall/Trip & Fall

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Fort Lauderdale car accident lawyers Andrew Alitowski and William Moore represent clients who have suffered serious injuries in motor vehicle accidents. Although individual client experiences vary, there are several common injuries that victims of car accidents sustain. Upon impact, the body moves in the direction of the blow, a somewhat counterintuitive process. If your car is involved in a frontal collision, you will be thrust forward; if it is hit from the side, you will be pulled in the direction of the impact. Broward car accident attorneys Alitowski and Moore are familiar with the science behind your injuries.

The passengers of vehicles that are hit from behind often suffer painful neck and cervical spine injuries. Although a vehicle’s head rest is designed to absorb some of the shock, the impact from behind can cause long-term neck problems in addition to other injuries. In a collision on the front side of the car, the passengers may sustain injuries affecting their legs and ankles. Fort Lauderdale car accident lawyer Andrew Alitowski is also knowledgeable about injuries to the neck, head, and other body parts resulting from a frontal collision. Pelvic injuries sustained in a car accident, which are often indicative of severe trauma to the body in general, can cause significant pain and may be related to internal injuries.

Fort Lauderdale motorcycle accident attorneys Alitowski and Moore also advise clients that motorcyclists who are involved in a motor vehicle accident often sustain very severe injuries. In fact, motorcyclists are about 35 times more likely to die in an accident than people in a car. For that reason, the Broward car accident lawyers encourage safety measures such as wearing helmets. Even if you are a safe motorcyclist, the cars around you may not be operated by good drivers. Taking safety precautions could save your life.

Broward motor vehicle accident lawyers Alitowski and Moore also represent pedestrians who have been struck by cars. The elderly and young children are among the people most likely to sustain an injury as a pedestrian. You may have suffered leg injuries as a result of being hit with the front of the vehicle. Worse, a pedestrian who is hit from the front may be swept onto the car, hitting the windshield. These types of accidents result in particularly dangerous injuries, especially to the torso and the head of the pedestrian.

Motor vehicle accidents can cause painful, long-lasting, even permanent injuries. These injuries severely affect quality of life and may cause continuing psychological distress. The mental anguish in the aftermath of a car accident should not be treated lightly. Post-traumatic stress disorder is a possible consequence. Feelings of anxiety, anger, and even guilt may occur in addition to the physical symptoms of injury. The Fort Lauderdale motor vehicle accident lawyers believe that people who have experienced the stress and trauma of a serious car accident should always seek counseling and other assistance whenever necessary to cope with the aftermath of the accident.

Continue reading " Fort Lauderdale Car Accident Attorney: Common Motor Vehicle Accident Injuries " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Car Accidents

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Broward car accident attorneys Andrew Alitowski and William Moore represent clients who suffer serious injuries in auto accidents. When another person’s bad driving or negligent decisions leave you in the hospital, you deserve to recover monetary damages from your injuries. Our Palm Beach car accident lawyers know that the injuries received during a car crash can have a lasting impact. Pain management is an issue for many of our clients who have been injured in car accidents. The ongoing pain and long-lasting or permanent injuries can cause difficulties in retaining employment. For example, if you can no longer perform your duties at work because of an injury, you will probably be unable to stay at that position. It can be difficult to provide for your family. Consistent pain management problems add a tremendous amount of stress to your day-to-day life. A Broward car accident lawyer can provide legal representation so that you can pay your medical expenses, care for your family, and have some peace of mind after the auto accident.

The laws of the state of Florida allow people who have been hurt in car accidents to recover for their damages. The amount you are eligible to recover will depend on the determination a civil court or jury makes with regard to the fault of each party. For example, imagine that Betty was driving her compact car late one night when she came upon a deserted red light. After momentarily slowing down, Betty decided to go ahead and make her left turn through the red light figuring that she was anxious to get home and no one was around anyway. Because she failed to stop, she did not spot George, who had a green light at the same intersection. George was driving his sport utility vehicle without his headlights on, despite the near-complete darkness. The two vehicles collide. George received a broken arm and some minor bruising, while Betty sustained far more serious injuries. Betty’s injuries required surgery and a lengthy stay in the hospital.

Betty can sue George for her injuries. George might file a counterclaim for the medical expenses from his broken arm. In this case, a Broward court might feasibly determine that each driver was 50 percent at fault, because both were negligent and failed to obey traffic laws. The court will award Betty half of the total cost of her medical expenses plus any other damages she is eligible for, minus half of George’s medical expenses. That way, each is responsible for half of the total injuries.

Palm Beach car accident lawyer Andrew Alitowski encourages you to contact his office to discuss the details of your specific case. If another driver was entirely or even just partially responsible for causing your injuries, he will be responsible for damages. This is true even if the court believes you were more at fault than the other driver, although the extent of the damages to each party is an important consideration when determining whether a personal injury lawsuit is the next appropriate step. Palm Beach car accident attorney Alitowski will be happy to meet with you to discuss your legal options after an auto accident.

Below is a video of a real car accident that shows the danger of running red lights late at night:

Continue reading " Broward/Palm Beach Car Accident Lawyer – Injuries Sustained in Auto Accidents " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Car Accidents

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Fort Lauderdale accident lawyer Andrew Alitowski has been following the Florida tobacco case for years. In 2006, a Miami-Dade jury awarded the plaintiffs in a class-action suit a record $145 billion in punitive damages against cigarette-maker and tobacco company Philip Morris. After winding its way through the appellate process, the Florida Supreme Court determined that the civil suit should not have been tried as a class action. Instead, it gave each of the plaintiffs one year to file their lawsuits individually. Nonetheless, the Florida Supreme Court agreed with the trial court finding that the tobacco industry willfully misrepresented the addictiveness of tobacco products and their negative health effects. Fort Lauderdale injury attorney Alitowski has followed the progression of this case with interest.

The first individual tobacco case went to trial in Broward County and the six-person jury began considering its merits last week. As previously discussed on this Fort Lauderdale personal injury lawyer blog and in the local news media, the Hess family sued Philip Morris for the wrongful death of Stuart Hess, a 55-year-old husband and father who died of lung cancer. The Hess family contended that Stuart was unable to quit smoking cigarettes due to his addiction, which led to his death. Stuart smoked for 40 years, going through about two packs of cigarettes every day. The jury agreed with the Hess family – at least in part -- and returned a civil verdict yesterday, after deliberating for two days.

Elaine Hess, the widow of Stuart Hess, had asked for a verdict of $130 million, which the jury rejected. Because Florida is a comparative negligence jurisdiction, the jury was allowed to consider the behavior of Stuart Hess in its decision. The jury determined that Stuart’s actions were 58 percent negligent and that Philip Morris was thus responsible for only 42 percent of the total damages to his widow and son David. With that calculation, the jury awarded Elaine Hess $2 million for her losses and $1 million to David for his compensatory damages. They additionally awarded $5 million in punitive damages.

At this point in time, Fort Lauderdale plaintiff’s attorney Andrew Alitowski says there are in excess of 8,000 similar tobacco cases awaiting trial in Florida. The Hess case was the first of the former class action cases to see a jury. Following the verdict, Elaine Hess indicated that her decision to go to trial was not for financial gain. “Nothing can make up for the loss,” she said of her husband. Lawyers for Philip Hess contend that the verdict is not representative of the likely outcome of the thousands of cases still pending in Florida courts. About 4,000 cases are pending in the federal court system following the 2006 Florida Supreme Court ruling.

The following video shows a good example of the misleading advertising engaged in by Big Tobacco. Now famous, the Camel cigarette television ad brags that “more doctors smoke Camels”:

Continue reading " Fort Lauderdale Personal Injury Attorney – A Verdict in the Tobacco Case " »

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Posted In: Verdicts in the News

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Fort Lauderdale plaintiff’s attorney Andrew Alitowski is taking note of the eventful day at the Broward County Courthouse. First of all, a Broward County jury began deliberating in a high-profile personal injury lawsuit against a tobacco company. Elaine Hess is suing cigarette maker Philip Morris for the wrongful death of her husband, Stuart Hess. Stuart succumbed to lung cancer in 1997 when he was only 55. He has been described as a local Cooper City locksmith who cared deeply for his family. His widow contends that despite his many efforts to cease smoking, Stuart was unable to do so due to the addictive nature of tobacco. Philip Morris claims that Stuart could have stopped smoking cigarettes at any time.

Elaine Hess and her personal injury lawyer have been seeking justice in Broward County for years. Originally, Elaine brought her claim as part of a massive tobacco class action suit. A local jury awarded the 700,000 plaintiffs the largest civil suit damages in American history. Unfortunately, the Florida Supreme Court determined in 2006 that the case should not have been filed as a class action suit, forcing each plaintiff to wait even longer. The Hess trial is the first individual suit to go to trial. At this point in time, an additional 8,000 tobacco cases are pending, creating a tremendous strain on the Florida judicial system as courts try to fit them all onto their schedules. Plaintiffs had just one year after the ruling to file their individual lawsuits after determining that the class action lawsuit against Big Tobacco was invalid.

Fort Lauderdale personal injury lawyers Alitowski and Moore believe the delay is troublesome for families coping with relatives’ deaths, ongoing illnesses, and medical expenses. Each case will probably take years to go through appeals.

Fort Lauderdale personal injury lawyer Andrew Alitowski located an informative video on the dangers of smoking cigarettes. The researcher in this video details some of the many chemicals contained in cigarettes, such as formaldehyde, and demonstrates the effect of breathing in cigarette smoke. According to the video, the average smoker can expect to lose 16 years from his life compared to someone who does not smoke cigarettes:

Interestingly, the following video also shows the health effects of smoking on actual body parts. Particularly sensitive people should probably not watch the video:

In other Broward County courthouse news today, the building has flooded again. The frequency with which such disasters are hitting the troubled courthouse has become an issue in Fort Lauderdale. Early this morning, an eighth floor bathroom sprung a substantial leak. The flood closed at least one county office situated in the courthouse and delayed child support hearings in the building. Broward officials said that carpet and ceiling tiles in the area of the leak were damaged beyond repair, although the leak was far less severe than the December flood that destroyed large amounts of paperwork and flooded several floors.

Continue reading " Fort Lauderdale Personal Injury Lawyer – Today’s News at the Broward County Courthouse " »

Posted by William Ryan Moore | Permalink | Email This Post

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Fort Lauderdale car accident lawyer Andrew Alitowski provides legal representation for people who suffer injuries due to another person’s actions. In particular, he represents a number of clients who were injured in automobile accidents. In those cases, the driver of the other vehicle was usually negligent in his driving and caused an accident that seriously injured another person. The most tragic of these cases are wrongful death suits, in which the family or estate of a person killed in a car accident sues the driver.

Although a car accident lawsuit cannot relieve your pain or bring back a deceased family member, monetary damages can improve your quality of life. For instance, you may be able to cover medical bills or support yourself if you can no longer work. The monetary damages won in a wrongful death suit will go toward the support of family left behind, such as a widowed spouse or children. It may also be put toward the medical costs incurred after the car accident, but prior to the death of the family member.

As a Broward car accident attorney, Andrew Alitowski also assists families who seek to sue government entities and businesses for the negligent driving of their employees. If the negligent driver was working during the accident, the business or government agency for whom he works may be financially responsible for the damages he caused.

For example, the city of Fort Lauderdale settled a wrongful death suit related to an automobile accident late last month. In March 2007, Fort Lauderdale police detective Christopher Young-Tem was driving on Sistrunk Boulevard when he hit pedestrian Donald Perry, who was 49. Young-Tem was driving to Lincoln Park to investigate a report of gunshots in the area at the time of the accident. Perry died at the scene due to his grievous injuries. The incident angered Perry’s local community, although the police department determined that Detective Young-Tem did not act wrongly in the events leading to Perry’s death. Detective Young-Tem had been involved in a similar pedestrian auto accident only a month prior to the car accident that killed Perry. In that case, he struck a woman who was crossing I-595 with his police car. She survived the accident and the detective was also cleared of wrongdoing in that accident. The Fort Lauderdale detective did not face criminal charges in either case.

The Fort Lauderdale city commissioners voted to settle the lawsuit with the victim’s family for $65,000 and to avoid a civil trial on the matter. The victim’s family or estate administrator would have agreed to that sum after negotiations with the city.

Continue reading " Fort Lauderdale Car Accident Lawyer – Car Accident Lawsuits & Wrongful Death " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Car Accidents

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Broward injury lawyer Andrew Alitowski recently learned that the parents of a teenager murdered on the grounds of a Fort Lauderdale high school intend to sue the Broward County School Board for failing to protect their daughter, resulting in the girl's wrongful death. Amanda Collette was 15 years old at the time of her death. Teah Wimberly, the 15-year-old former sophomore at Dillard High School, is being held on criminal charges. Wimberly is accused of second-degree murder in Collette's death. Fort Lauderdale negligence attorneys Alitowski and Moore do not represent any party in these proceedings.

According to the Broward plaintiff's attorney representing Collette's parents, the Dillard High School officials failed to meet their obligations to protect Collette while she was in their care. She wrote to the school board that Wimberly had previously had disciplinary problems related to her sexual harassment of students at the high school, including Collette. Additionally, and more disturbingly, Collette's parents allege that the school officials were aware that Wimberly had brought a .22 caliber silver semi-automatic weapon to school with her on the day that Collette was shot and killed. By all accounts, the gun that caused Collette's death was the same weapon Wimberly had in her possession earlier that day.

In the criminal case for Collette's murder pending against Wimberly, police allege that a Broward County school resource officer found Collette unresponsive in a hallway after she was shot. Wimberly had allegedly sent Collette a text message to meet her at that location. Fort Lauderdale police say they subsequently received a call from Wimberly, who had left the school campus. She was arrested at a Captain Crabs Take-Away near the school after the phone call. Police say Wimberly confessed to shooting her friend and classmate in the torso and surrendered the gun. Collette died from her injuries.

Collette's parents plan to claim in their upcoming civil suit against the Broward County school district that Dillard High School failed to take appropriate protective precautions for students in light of the situation with Wimberly. Their Fort Lauderdale personal injury lawyer has stated that measures such as mandatory student screening and metal detectors should have been in place on the day of Collette's death. It is not clear why Collette's parents believe school officials were aware that Wimberly brought a gun to school on the day of the shooting, although students interviewed by the police indicated that Wimberly had shown the weapon to classmates while making threatening statements about Collette.

The Associated Press has reported on the criminal aspect of the case:

Continue reading " Broward Plaintiff's Attorney -- Slain Student's Parents to File Suit Against Fort Lauderdale Schools " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Negligence

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If you have been injured in a car accident, contact Broward car accident lawyer Andrew Alitowski as soon as possible after the accident. Our experienced auto accident attorneys will evaluate the facts of your case thoroughly, because you deserve to be compensated for your injuries. The negligence of another driver can cause wrongful deaths and permanent injury.

In some cases, it is not easy to determine all of the causes of the car accident. We will evaluate factors such as weather conditions. Heavy rain and wind are the most common inclement weather conditions. As you can see in this video, a driver’s inexperience in driving in hazardous conditions may make it negligent for him to undertake the task:

Of course, snowy or icy roads are unheard of in Broward County, but the video provides insight into how negligent driving and bad conditions can wreak havoc on the roads. Rain can cause slick driving conditions, as well, which results in significant damage to vehicles and passengers:

A court will examine the degree to which each driver is at fault and award damages accordingly. For example, if you are in a car accident that was 20 percent your own fault and 80 percent the fault of the other driver, you will be awarded 80 percent of your damages.
Florida auto accident lawyers Alitowski and Moore are also accustomed to handling cases involving Florida’s dangerous instrumentality law. If another person drives your car with your permission and hurts someone, you will be responsible for the damages. For the law to apply, you must actually be an owner of the car. For example, a car that you purchased for your child will not apply if you do not truly maintain an ownership interest and your child is over the age of 18. Also, permission to drive is construed fairly broadly. For example, a court might determine that your permission was implied based on previous actions, like regularly allowing your co-worker to use your car to pick up coffee. If your co-worker drives your car negligently and injures another person, you can be held liable for the damages.

If you have been injured in a car accident in Broward, Palm Beach, or Miami-Dade Counties, contact the experienced south Florida auto accident lawyers at Alitowski & Moore.

Continue reading " Broward Car Accident Attorney – Holding the Owner Liable for Damages " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Car Accidents

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