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Miami Personal Injury Law Blog

Medical malpractice encompasses hospitals, doctors, and others

If you're planning to file a medical malpractice lawsuit or simply want to know more about what it is so you can make a better judgment about whether or not you have a case, you need to understand that not all injuries suffered in a hospital or due to a medication are caused by malpractice. Some things, like allergic reactions patients didn't know about or injuries that were a potential result of treatment are within the scope of your care. However, if you were to tell a doctor you had an allergy to ibuprofen and then were given that drug by the same doctor, that could be construed as negligence.

Medical malpractice laws are in place to help you get compensation after you suffer harm from a substandard medical treatment. So, if you are injured during surgery because it was performed on the wrong site, you could choose to seek compensation for those injuries, your medical bills, and your pain and suffering. Doctors, nurses, and the hospital itself are all responsible for your injuries if they resulted from a deviation from the quality of care that is expected.

Wrongful deaths: Get compensated for your losses

There are few times in life that feel as horrible as when you lose someone you love. It may have been an accidental death, but knowing that someone's negligence was the cause of your loved one's death can be devastating to you and your family. Fortunately, in most cases, you can at least seek compensation. While this won't make up for the loss of your family member, it can help you support yourself and your family, to pay medical bills, and to focus on the future.

The children, spouses, parents, and other loved ones related to a person who has passed away may have a right to financial recovery. How this recovery is determined is by looking at the economic value of the person's life. While this could seem cold, it's the only way for a court to fairly account for the money that person would have contributed to your life over time.

How can you avoid getting into a motorcycle accident?

Motorcycle accidents can happen in a number of ways, but some are more common than others. If you know what some of these accidents are, you may be able to prevent them by being proactive while you ride.

For example, one of the most common motorcycle accidents is when a car pulls out in front of you. It's not okay for a car's driver to make this mistake, but understanding why it happens can help you slow down or avoid the accident if a situation like this does arise.

Driver faces 24 year sentence in Florida wrongful death case

In November 2013, you read a story about a young girl who was driving the wrong way on a highway in Florida. She was intoxicated at the time; police indicated that she had a blood alcohol content level of over twice the legal limit and had marijuana in her system.

The intoxicated woman struck another vehicle on the highway, resulting in a deadly crash that took the lives of two women, both age 21. While this story is tragic and a reminder of why drunk driving laws are so strict in many states, it's also important to look at how this particular case developed.

Suffering from personal injuries after a crash? Get compensated

Car accidents can cause serious injuries or death in a matter of seconds. Large trucks can crush even larger-sized family vehicles and SUVs, and motorcyclists struck by any kind of vehicle can be badly injured by the crash. Maybe you had to slam on your brakes to avoid a crash but couldn't stop in time due to a driver who suddenly pulled out in front of you, or maybe you were struck by a driver who didn't see you on the road.

Whether you're a victim of a hit-and-run crash where you've been able to identify the driver or have been injured by a commercial vehicle, the impact is something that can be measured by your ongoing pain and suffering. Because your losses can be measured by financial loss and your physical condition, you can make a claim with a relatively good idea of how much money you should be awarded.

How Florida's troopers try to prevent truck accidents

Truck drivers in Florida must abide by the commercial vehicle regulations created by the state and federal government in order to prevent truck accidents. Florida does require vehicles coming into the state and traveling around the state to go through a safety inspection. Troopers stop commercial vehicles and perform a review for violations and safety defects in accordance with the Commercial Vehicle Safety Alliance.

These stops are done to protect the commercial vehicle driver as well as others on the roads. These inspections can result in defects and violations being discovered before they cause an issue. If a defect is found, then the driver has only 15 days to report that the repairs needed have been made. If the defect is serious enough to warrant it, then it could be placed out of service, which means the driver can't be legally on the road.

Are fatalities common on the roads in Florida?

Traffic deaths happen more often than you may think in Florida. Anything from distracted driving to falling asleep behind the wheel can result in an accident, so it's no surprise that they happen daily. The most recent traffic death totals focused on in studies are from 2010, and you can review them to better understand why accidents take place in your state. These numbers have been released so that the second half of this decade can be improved upon and made safer for drivers moving forward.

Here's an example of the severity of Florida's traffic accidents. In 2010, there were 2,262 fatal accidents with 2,445 people killed. That breaks down to around 6 to 7 deaths each day.

1 killed in Florida after motorcycle accident on U.S. 1

During the warm spring and summer months of the year, it's normal for motorcyclists to be on the roads. While most drivers are courteous to motorcyclists, not all monitor the roads well enough and could be putting motorcyclists at risk due to unsafe driving habits. In cases where a driver hasn't noticed a motorcyclist, one wrong move could prove to be fatal.

This accident in Florida is one that could have been prevented, and it's drawing attention. In Florida, U-turns are legal, unlike in several other states. When you make a U-turn, you need to be wary of those behind and in front of you, but you also need to monitor oncoming lanes of traffic in the opposite direction. With so much going on, it can be tricky for drivers to make a U-turn safely, as this accident showed.

Losing a child: Wrongful death payouts for children

When you lose a loved one in a car accident or other situation in Florida, you probably think that regardless of who it is, the compensation should be high. Unfortunately, for the courts, there has to be something to base the price of that person's life on. The value of that person's life is going to be based on a few things, including the potential earnings and other factors, like his age.

No one really wants to think of a human as having a price tag, but with the price-setting procedures in place for wrongful deaths, it has to be done. For example, when a child passes away, the recovery for his or her life has to be based on the age, sex, life expectancy, health, habits and work expectancy of the child. The health, circumstances and ages of those trying to make a claim are also considered.

Don't let a car crash ruin your finances in Florida

No one wants to be in a car accident; the damage to your vehicle can be extreme and your injuries may be bad enough to take months or years of rehabilitation. In some cases, even a relatively minor accident can result in deaths due to the injuries suffered. Fatal crashes in Florida's urban areas have been on the rise, and between 2004 and 2009, they rose from 1,607 to 1,750.

When these numbers are broken down, you can see that over 1,500 families suffer the death of a loved one every year because of dangerous drivers on the roadways. A greater amount of families have to live with the suffering of those they love who have been injured, either temporarily or permanently.

Miami Office
Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
2650 SW 27th Ave
Miami, FL 33133
Telephone: 305-444-0060
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Fax: 305-444-3503
Miami Law Office

Jacksonville Office
Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
10752 Deerwood Park Boulevard South
Jacksonville, FL 32256
Telephone: 904-536-3556
Toll Free: 866-723-9806
Fax: 904-394-2956
Jacksonville Law Office