South Florida Personal Injury Blog

Derry Brown, who is 64 years old, used to drive a truck for a living, says Broward accident lawyer Andrew Alitowski. In 2007, he was driving his truck in on State Road 80 in Broward County when he was involved in an accident involving another vehicle. The driver of the other vehicle failed to stop at a stop sign and, seeing that a collision was imminent, Brown made a split-second decision: to swerve fast, in a move that would overturn his truck. Brown made the decision with the knowledge that the driver of the other vehicle would surely be killed in a collision with an 18-wheel truck.

As a result of his decision, Brown was seriously injured, Fort Lauderdale accident attorney Alitowski has learned. Although he continues with rehabilitative treatments and therapy, Brown is paralyzed as a result of the injuries he sustained during the accident when his truck went off of the road and turned over.

After the accident, however, the insurance company refused to pay for Brown’s medical bills. He sued and, not long before the trial, the Broward County judge ruled that he was entitled to uninsured motorist benefits. Later, Brown won his lawsuit and was awarded almost $14 million.

Brown is in ongoing treatment; he and medical staff were transported by helicopter to the trial in order for him to testify. During the rest of the trial, he was represented by his granddaughter and his wife.

Brown’s case is a good example of the need for personal injury attorneys. Injured individuals often face awful situations, in which their medical bills continue piling up and an insurance company or the person who caused their injuries refuses to pay for the treatment. In this case, Brown suffered injuries due to his own courageous decision in the face of another person’s error. He was also legally entitled to receive benefits to defray the high cost of years of medical bills.

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Broward injury attorney Andrew Alitowski has learned that Roche, the pharmaceuticals company that manufactures Accutane, has decided to take the drug off the market on its own accord. The company cited the high cost of defending personal injury lawsuits, as well as the competition from generic competitors, when revealing its decision. The announcement sent shockwaves through the medical community, which has relied on the drug as a last resort to treat forms of acne that were essentially incurable prior to its introduction.

Accutane is a prescription drug designed to treat cystic acne, says Fort Lauderdale injury lawyer Alitowski. It first became available in 1982. Although the company insists that Accutane was not removed from the market because it is unsafe, Roche has recently lost at least six personal injury cases related to the drug, most or all worth millions of dollars. Recently, a jury awarded plaintiffs over $30 million in damages in a single lawsuit.

Accutane is widely recognized for causing birth defects and the manufacturers have gone to great lengths to warn patients against taking it while pregnant, says Broward injury attorney Alitowski. However, other side effects are less publicized. The drug has recently been linked to depression, joining a list of other drugs now known to affect mental health, especially in young people. Likewise, many plaintiffs have claimed that Accutane caused them to develop an inflammatory bowel problem, and that they were insufficiently warned of this possibility when they began taking the prescription medication. One man in Pennsylvania claims that Accutane was a factor in the murder of his 16-year-old girlfriend: when he committed the crime, he says it was through the haze of a deep depression that was caused or exacerbated by his Accutane regimen.

Now, however, a generic version of the drug is available, and consumers are purchasing Accutane in very small numbers compared to the generics. Further, Accutane has already been taken off of the market in numerous other industrialized countries, including France, Austria, Denmark, Norway, Spain, and Portugal.

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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.

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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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