South Florida Personal Injury Blog

Boating accidents are a concern for residents of coastal states, says Broward personal injury attorney Andrew Alitowski. With 1,800 miles of coastline, two-thirds of it comprising the state’s sandy beaches, Florida residents own thousands of boats – and the tourists and part-time residents who enjoy the balmy winter months of Broward, Palm Beach, and Miami-Dade Counties operate even more.

There are nearly one million boats registered in the state of Florida, with many of them taking to the canals in Fort Lauderdale and the coast off of the city. Famous for its beaches, Fort Lauderdale has drawn boaters for many years. Unfortunately, not all boat operators are well-versed in the rules of the water, especially those who did not grow up boating, says Fort Lauderdale accident attorney Alitowski.

Boating under the influence, or BUI, is one major cause of boating accidents. Many boating accident personal injury lawsuits involve plaintiffs who were injured by intoxicated boaters. Lots of local Floridians and tourists take to the waters on warm, sunny weekends and especially for holidays. Holiday revelers spend hot afternoons drinking on the boat, but this behavior carries risk: boating under the influence of alcohol or drugs carries criminal penalties, just as drunk driving does. If the boat operator is impaired, he is significantly more likely to cause a boating accident. Thousands of boating accidents in the United States each year are caused in whole or in part by intoxicated boat operators.

Injuries sustained during boating accidents can be severe. For example, wrongful death suits can arise out of especially bad boating accidents. Those involved could suffer head or spinal injuries, which will permanently affect their lives and their ability to earn a living, in addition to resulting in large medical bills. Burns and broken limbs are other possible physical injuries. Property damage occurs in virtually all boating accidents and, although a responsible boater should be insured, the expenses are steep.

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Broward accident lawyer Andrew Alitowski finds that one of the most common reasons potential plaintiffs are reluctant to pursue their claims in court is because the system is complicated and they have concerns about the cost and the outcome. This article is intended to outline how most personal injury lawsuits work.

In order to pursue a legal claim, it is almost always in the plaintiff’s best interest to hire an experienced personal injury attorney to represent him. This saves headache and insures that the best legal arguments are presented. Fort Lauderdale injury attorney Alitowski is familiar with the ins and outs of discovery and civil procedure, for example, whereas most clients are not because they work in different fields. An attorney can also provide advice on how strong a claim is, if a settlement offer is good, how to obtain the necessary documentation to prove your claim, and a multitude of other issues that arise during litigation.

Broward accident attorney Alitowski says that the first step is to determine if the potential defendant is solvent: that is, can they afford to pay out a claim if the lawsuit is successful. Whether the defendant has insurance is a major consideration, as is which parties can be sued. Suing a government agency is different than suing a private business, which is different than suing an individual citizen.

The attorney files the lawsuit and lays out the allegation against the defendant. He also prepares evidence, such as documents, testimony (depositions), and other information to prove the claim. In most cases, he will have settlement conferences with the defendant’s lawyer. For example, if you file a lawsuit against the driver of a car who injured you in an accident and her insurance company, your attorney would likely meet with the representatives of the insurance company to negotiate a possible settlement. Settlements are often beneficial for both parties because the insurance company minimizes the risk – a very large verdict – while the plaintiff minimizes his risk by ensuring that he does not go to trial and face the possibility of losing.

For cases that go to trial, the injury lawyer will prepare extensively to argue about evidence, case law, statutes, and how the law and facts are in your favor. He will elicit testimony to prove that the defendant was at fault, cross-examine the defendant’s witnesses, and give an opening statement and closing argument to the judge or jury.

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One day, on your way home from work, you found yourself in stop-and-go traffic (again) on one of highways in Broward County. Maybe there was an accident or traffic was just heavy as usual. It let up a bit and you accelerated, only to see brake lights in front of you, and you came to a stop again. Unfortunately, the driver behind you wasn’t so quick to realize that traffic had not really improved, and hit you from behind. Both of your cars were a little banged up, although her hood looks worse than your rear bumper. She’s a nice enough lady and you can tell she feels bad about the accident.

You felt all right in the blur after the accident, but the following day, you began to feel stiff. By nightfall, the stiffness has turned to pain – whiplash from the sudden jerking in the accident that seemed minor. You see a doctor and begin treatment, and also contact the insurance company, but are unsure how to proceed from there.

The next step after obtaining medical treatment is to contact an experienced Fort Lauderdale accident attorney. Even if your injuries are “minor,” it is difficult to go up against an insurance company on your own. They have a large legal staff and many years of experience in trying to figure out how not to pay for claims. The insurance company is full of experts, all of whom have their best interest – saving money – as their top priority.

Broward personal injury lawyer Andrew Alitowski says that many people injured in "small-time" car accidents are reluctant to hire an attorney for several reasons. First, although recovering for any serious injury is important, many victims believe that they do not need a lawyer’s help or that they cannot afford one. Studies show that people injured in these types of situations usually recover more for their injuries when they are represented by a car accident attorney – even after their legal fees are paid. Most accident and injury claims are paid for on a contingency basis, meaning that the attorney collects a percentage of the total recovery, and that you do not pay legal fees up front.

In addition to likely recovering more money, you are less likely to make a negotiating error, like accidentally saying something that the insurance company may use against you. Also, if your attorney handles your case, you will be saved a lot of time and a huge headache.

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When a person suffers an injury and seeks to recover damages, he or she must prove his claim, says Fort Lauderdale accident lawyer Andrew Alitowski. This is true regardless of the type of claim – slip and fall, trip and fall, swimming pool accidents, and especially motor vehicle accidents. The person or entity responsible for your injuries will be unwilling to pay monetary damages without proof that you are actually injured.

One way this issue might present itself as a driver who suffers a torn rotator cuff in a car accident. The rotator cuff is a collection of important tendons and muscles grouped together on the shoulder. The rotator cuff is extremely important for mobility and, if damaged, it can be exceptionally painful, says Broward car accident lawyer Alitowski. However, the driver of the other vehicle, or his insurance company, may claim that you had that injury before the car accident. Their assertion may stick if there is other evidence that you previously sought treatment for neck or shoulder ailments. This is why your medical records can be important. If you have never had treatment for any injuries in that area, or better yet, if you have had an MRI or x-ray of that part of your body (showing it healthy) on an earlier occasion, the insurance company may abandon its efforts to claim that you were injured in some other way.

Medical records are also of the utmost importance in proving the type and severity of your injuries, as well as the kind of treatment that is indicated. The emergency room physician’s notes or the x-ray taken when you went to see the doctor can provide valuable evidence that serves as a timeline to link your injuries to the accident. They will also show what kind of injuries your doctor has diagnosed and how severe they are. Your doctor’s recommended treatment, including pain management, is relevant, as well.

Fort Lauderdale accident attorney Alitowski says that seeing a doctor as soon as possible after the accident or after you show symptoms of your injury is important. If you need assistance locating a doctor, contact Alitowski & Moore, P.A. for guidance.

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A South Carolina woman has been awarded $2 million by a civil jury, Broward injury attorney Andrew Alitowski has learned. Elizabeth Smith, who is 28 years old, went to a dentist’s office to have three upper teeth pulled. However, while she was there, the dental clinic pulled all 16 of her upper teeth – 13 more than they had agreed to remove. It is not clear if Smith was sedated during the procedure and her reasons for having the three original teeth removed were unknown.

Smith hopes to have restorative surgery to fix her smile as soon as she can. The cost of the dental surgery may cost near $100,000. The teeth were mistakenly removed in 2006, so Smith has been living for three years awaiting damages so that she can pay for the surgery, says Fort Lauderdale accident lawyer Alitowski.

Suits against dentists are less common than lawsuits against physicians, but they do occur in cases like Smith’s. Tooth extraction is often used when a patient’s tooth or teeth are too extensively damaged to feasibly repair it with a filling, crown, or other orthodontic method. Many people have wisdom teeth extracted because they do not fit well in their mouths or because they press on other teeth, which may cause the more visible front teeth to become crooked.

In Smith’s case, there was no medical or orthodontic reason for her other 13 teeth to be extracted. Loss of teeth can cause difficulty eating and, of course, social discomfort and emotional pain. The embarrassment , cost of restorative surgery, physical pain, and litany of other problems associated with this kind of injury merit monetary damages.

Alitowski & Moore, P.A. handles a wide variety of personal injury lawsuits, including swimming pool accidents, which are unfortunately common in south Florida; slip and fall or trip and fall cases, especially at commercial establishments; animal injuries, such as vicious dog bites; motor vehicle accidents, including suits against drunk and negligent drivers; and many other injuries claims.

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When a couple goes to the hospital happily anticipating the eventual birth of a child, they are expecting the best medical care and treatment for the mother and baby alike. West Palm Beach personal injury attorney Andrew Alitowski says that, unfortunately, medical malpractice issues arise even in the area of obstetrics, even if they are not as widely publicized as some other types of medical malpractice. Unfortunately, administration of the incorrect prescription drug is an all-too-common harm suffered by patients in the most vulnerable of places – hospitals. Fort Lauderdale accident lawyer Alitowski notes that these errors can be the most harmful for those already in weak positions, such as intensive care unit patients and the elderly. Along with staph infections, proper prescription drug treatment, including administering the wrong drug or the wrong dosage, is a serious problem facing American hospitals today.

Tesome Sampson and Frank Guy are a couple in this regrettable situation. Sampson arrived at St. Mary’s Medical Center in West Palm Beach last September, apparently in premature labor. She was only 24 weeks pregnant, West Palm Beach injury attorney Alitowski has learned. Doctors at the hospital put her on bed rest to decrease the likelihood that she would give birth prematurely. Babies that are born full-term are the least likely to suffer difficulties and are generally born the healthiest. Generally, the expected due date is about 40 weeks after becoming pregnant.

Sampson remained the hospital under doctors’ supervision due to her difficult pregnancy. After she had been in the hospital for 10 days, she was given a drug called Prostin E2. The Food and Drug Administration has approved Prostin E2 for various uses, such as clearing out the contents of the uterus when a pregnant woman suffers a miscarriage or for terminating pregnancies. The drug is sometimes used during difficult labors in order to hasten the delivery. None of its approved uses are for pregnant women suffering issues related to preterm labor.

The drug caused Sampson to go into labor. Doctors assured her that her pain was because she just needed to go to the bathroom and she was given a toilet used for patients who cannot get out of bed. There, she gave birth to her daughter more than two months prematurely.

As a result of the birth, the girl has suffered severe brain damage. St. Mary’s has admitted its egregious error and apologized to the family. Still, almost a year has passed and the girl remains hospitalized with brain damage that has been described as “profound.” According to her parents, the medical costs are approaching four million dollars. The family recently filed a lawsuit against the hospital seeking damages against the medical center.

Continue reading " West Palm Beach Personal Injury Attorney – Hospital Sued for Administering Wrong Drug, Causing Premature Birth " »

According to Broward personal injury attorney Andrew Alitowski, the vast majority of lawsuits filed in the United States never go to trial. Although many or even most plaintiffs file a lawsuit with the intention of taking the case all the way to a trial – both to seek damages and possibly to punish the people or entities who caused their injuries – it is not always a realistic goal.

A few cases are dismissed, says Fort Lauderdale accident lawyer Alitowski. That can happen where the plaintiff provides no evidence to support his claim or does not ‘prosecute’ his case (which generally means filing a lawsuit but not pursuing the case). It can also happen where the factual allegations that the plaintiff makes do not legally meet the definition or the elements of the tort under which he seeks to recover damages. An example of this would be if a man filed a lawsuit for false imprisonment, alleging that his neighbor parked her car in front of his driveway. Although he was slightly confined in that he would have been unable to move his car without driving onto his well-manicured lawn, he was not prevented from freely moving in the sense that he could recover under a false imprisonment theory.

In other cases, the facts and liability are hotly contested, says Fort Lauderdale accident attorney Alitowski. This scenario might occur often with car accidents, when both drivers who were involved in an accident believed that they had the right of way. Betsy believes that she had a green arrow when making a left turn at an intersection, while Bob is insisted that he had a green light. The two vehicles collide, causing vehicle damage and physical injuries. A trial may be appropriate to get testimony and other evidence regarding which vehicle actually had the right of way at the time the motor vehicle accident occurred. Car accidents are among the most common reasons people seek out a good personal injury attorney.

Settlements occur in a variety of cases – and surprisingly, not only for cases in which one party is clearly at fault. A big corporation may settle with a small time plaintiff rather than spend the resources investigating a slip and fall case or taking it to trial. A person or business who is afraid of being forced to pay a very large award of monetary damages, even if the risk is not high – perhaps 50/50 – may settle for a significantly lower amount in order to minimize the risk. Taking a case to trial always carries some risks for both sides and a settlement, while it may or may not provide a lower payout, nonetheless provides guaranteed funds for a plaintiff in need.

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Broward personal injury lawyer Andrew Alitowski is familiar with product liability claims, such as the recent class action lawsuit filed against the manufacturer of a drywall product used in the United States. Georgia-Pacific Gypsum, along with 84 Lumber, and other companies are facing a lawsuit that alleges that they sold or distributed defective drywall. According to the homeowners affected, the drywall used in the construction of their homes contains large amounts of synthetic gypsum. Fort Lauderdale injury attorney Alitowski says the homeowners believe that the gypsum breaks down after a short period of time.

According to the lawsuit, the synthetic gypsum releases sulfur compounds when it breaks down, an event that may be even more likely in the Florida summer heat. The gypsum is synthesized from coal byproducts at power plants. The sulfur components are trapped between the layers of drywall inside the walls of a home, the lawsuit alleges. Sulfur dioxide gas is released into the air due to the heat and Florida humidity, which in turn causes metals to oxidize, is the theory of the plaintiffs’ case, says Broward injury attorney Alitowski. The lawsuit says that the sulfur dioxide makes consumers sick, oxidizes copper wiring, and may even oxidize other metals (such as jewelry) exposed to the harmful gas.

Plaintiffs in surrounding states have filed similar class action lawsuits against China-based drywall manufacturers, but this may be the first time a U.S. manufacturer has been accused of creating a defective, gypsum-seeping drywall product. The lawsuit alleges that the manufacturer failed “to exercise ordinary care” regarding the product and that, further, the companies breached their implied warranty of merchantability and their implied warranty of fitness for a particular purpose.

Georgia-Pacific, however, claims that the family that first filed the lawsuit never contacted their business with complaints. The company spokesman says that, “Georgia-Pacific, like other domestic manufacturers, has been using synthetic gypsum for years, and to date to our knowledge we have not received any complaint that those products using synthetic gypsum may be associated with a house experiencing the problems reported with Chinese wallboard."

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A car accident in New York garnered national news in recent days, says Broward accident lawyer Andrew Alitowski. Diane Schuler was driving her car with several children inside when, according to law enforcement authorities, she plowed into another vehicle – while driving the wrong way. Schuler was killed in the accident, as were the other three adults in the vehicle she hit. Schuler’s daughter and three nieces, who were riding in her minivan, were killed in the accident, as well. Fort Lauderdale injury attorney Alitowski says that of the passengers in Schuler’s vehicle, her son was the sole survivor. In total, eight people were killed in the accident.

A very public police investigation concluded that Schuler was operating her vehicle while she was under the influence of alcohol and marijuana (DUI). Recently release toxicology reports show that Schuler’s blood alcohol concentration was 0.19 percent, far higher than the “legal limit” of 0.08 percent level at which the law presumes a driver is impaired. The tests also showed that she had marijuana in her system, although Broward accident lawyer Alitowski says it is unclear whether there is evidence that Schuler was under the influence of marijuana at the time the accident occurred (as opposed to evidence that traces remained in her system from smoking or ingesting the substance days or weeks prior to the deadly accident).

At this point in time, family members of the occupants of the vehicle that Schuler’s collided with are planning a personal injury lawsuit. They are likely to sue her estate to recover compensatory damages for their relatives’ deaths. This scenario is fairly common in cases like these, in which one person’s gross negligence or even criminal behavior causes the death of another individual.

Meanwhile, Schuler’s husband, Daniel Schuler, has maintained that there is something else wrong. He even contests that toxicology report, saying that he had never during the time he knew her seen her intoxicated. Her sister backed that claim. Law enforcement officials, however, allegedly found a broken vodka bottle in the backseat of the vehicle, which could have been the source of the 0.19 percent BAC – if her family’s claims are correct. They contend that others present at the picnic Schuler was returning from with her children did not see her consume any alcohol at all. Schuler’s family may seek another autopsy to rebut the claim that Diane Schuler was heavily intoxicated at the time of the accident and to fend of wrongful death lawsuits. Daniel Schuler’s attorney has publicly speculated that Diane, who had health problems including diabetes, had a stroke while driving.

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